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The Minister for the Armed Forces (Mr Andrew Robathan)
The hon. Member for Foyle (Mark Durkan) has called this debate to raise issues with my Department’s response to the HET on the tragic death of William McGreanery.
As the hon. Gentleman has just stated, the HET was set up as an independent team within the Police Service of Northern Ireland to help bring closure to all families who lost relations and friends during the troubles and to bring some measure of resolution to the past. My Department strongly supports the work of the HET and fully co-operates with its requests for information and liaison with witnesses. When HET reports have been made available to us, following permission from the family of the deceased, we have found them to be as detailed and comprehensive accounts as are now possible considering the passage of time.
I will not go over all the ground that the hon. Gentleman has just covered, but it is important to remember the facts, which are that Mr McGreanery died on 15 September 1971, 41 and a half years ago. The HET report states that there had been a number of shootings in Londonderry in the days and nights leading up to Mr McGreanery’s death. Barricades had been erected, nail bombs and petrol bombs had been thrown, and rioting had broken out.
During the afternoon before Mr McGreanery’s death, as the hon. Gentleman rightly stated, Sergeant Carroll was shot and killed in Londonderry by a terrorist sniper. He was actually shot and killed in Eastway gardens, just by the Bligh’s lane observation post, which he had just left. There is no doubt about that.
The HET report goes on to say that, some eight hours later, at midnight on 14/15 September, Mr McGreanery and others were walking around Londonderry and approached the same Army observation post. The group moved forward and a single shot was fired by a soldier. Mr McGreanery was wounded and later died in hospital. I do not think the facts are in contention.
The soldier who opened fire said that he thought Mr McGreanery was aiming a rifle at the observation post, and he made a split-second decision to open fire. I think we can all now accept that that was an error. That is what the HET report states, and I understand that the young soldier involved—he was young at the time—has stated that he thinks it was an error, too. He regrets the shooting, given what he has now discovered.
The pathologist who carried out the post-mortem said that Mr McGreanery’s wounds had been caused by the bullet passing through his raised forearm, through his chest and exiting his back:
“the forearm must have been flexed at the elbow and held up in front of the chest”.
No one knows why his arm was in that position. The HET does not believe he was pointing a rifle at the time. Forensic swabs show that he had not fired a weapon, and I think we accept that he did not have a weapon.
The local RUC commander at the time believed, as the hon. Gentleman said, that the soldier had acted unlawfully. A file was sent to the chief Crown prosecutor recommending that the soldier be tried for murder. That was passed to the Attorney-General for Northern Ireland, but he took a different view, believing that the soldier was acting in the course of his duty and that it was difficult to see how the element of malice, “express or implied,” necessary to constitute murder could be inferred from his actions. He thought that the soldier could have been negligent but that consideration would have to be given to whether the negligence was “reckless” and amounted to manslaughter. In the event, no action was taken against the soldier.
When the MOD received a request from the family of Mr McGreanery for an apology for his death, my Department asked for a copy of the HET report into his death so that the request could be properly considered. That is relevant to what the hon. Gentleman said. It is up to the family to give us the report; we do not get to see it. Similarly, when the Chief of the General Staff wrote to the family, that was private correspondence as far as we were concerned. It is up to the family to reveal it. However, I will come to that later.
I am sure that the hon. Gentleman will agree that it is only right, if we are asked to apologise for the actions that led to somebody’s death, that we should be able to see the results. We do not see them until we get the HET report. When we received the report, we read it carefully and came to the conclusion that, in such circumstances, an apology was appropriate, because it was clear that the soldier involved was mistaken when he thought that Mr McGreanery posed such a serious threat that it was necessary to open fire. That is absolutely accepted.
Having carefully considered the circumstances of the death, the Chief of the General Staff—he is the head of the Army, which is not a lowly rank, as the hon. Gentleman implied—wrote to the family with an apology on 14 July 2011. In those cases in which the Ministry of Defence has apologised for a death—there have been five, not including apologies made by the Prime Minister in person for the Bloody Sunday killings—the practice has been either for the Chief of the General Staff or a Minister to write, and the apology is given by either, on behalf of the Government as a whole.
I understand that Mr McGreanery’s family has accepted the apology but wanted one on behalf of the Government, recorded in parliamentary records. On behalf of the Government, I am happy to repeat that apology. As for the request that it be made publicly, as I have explained, it is normally left to the family to decide whether they wish to publicise it. Some will wish to do so, but some will not. As a result of these proceedings, the apology given to Mr McGreanery’s family is now on the parliamentary record. As we know that that is the family’s wish, I am happy that it should be so.
I am also aware of press reports—the hon. Gentleman referred to them—about recently released historical documents that have been interpreted as suggesting that at the time of Mr McGreanery’s death, there was a deliberate policy of not prosecuting soldiers for deaths that occurred while they were on duty, and that there was some cosy relationship with the Attorney-General at the time to facilitate that. It is not and never was up to the MOD to decide whether soldiers should face criminal charges as a result of opening fire in the course of their duties.
It is, however, important that those contemplating such decisions are provided with information relevant to the incident under consideration. The fact that the Attorney-General of the day was prepared to consider representations from the Army about murder cases is surely entirely reasonable. I am not a lawyer, I am glad to say, but it seems entirely sensible that he would want to see as much information as he could to enable him to consider properly the public interest surrounding those cases, just as we have the well-established Shawcross exercise, in which ministerial views are sought on the public interest before a decision is made on prosecution in appropriate cases.
Although I know that the hon. Gentleman feels that this was some sort of cosy stitch-up—I think I have got that right—it is different from some agreement or policy that the military had a veto on prosecutions of soldiers, which would have been illegal and for which there is no evidence.
Mark Durkan
I did not use those particular words, although I can see why they would spring to the Minister’s mind and the minds of many people. He referred to the Shawcross exercise, in which Ministers speak to the Attorney-General. This was an officer of the MOD. The minute of the meeting is supplemented by a diary entry, which goes into more detail about the exchange between the Attorney-General and the MOD representative and appears to establish a working presumption at the time that any killing by a soldier acting in the course of duty would not result in a murder charge. That happened in the crucial weeks before Bloody Sunday.
Mr Robathan
I am not in a position either to negate or agree with the hon. Gentleman. If I may say so, there is a difference between those who act in good faith in the course of duty and those who might have acted in bad faith. I think that we can agree about that. The question is malice. As far as I am aware, there is certainly no policy that nobody should be prosecuted. As the hon. Gentleman will know, I spent many years in the Army, and I know of many cases in which people were prosecuted, including cases in Northern Ireland in which people who had behaved maliciously were rightly prosecuted for murder. I agree with that, and I think that the MOD of the time would have agreed with it as well.
Some may believe that we should hold a fresh investigation into the circumstances surrounding Mr McGreanery’s death. Whether that happens is a matter for the Police Service of Northern Ireland, which would need to consider whether there was any new evidence in the case. If that were to happen, my Department would co-operate with such investigations. Just as importantly, we would stand by our obligation to support fully the soldier who, in this case, found himself having to account for actions that took place in the course of his duties some 40 years ago.
Mark Durkan
To take the Minister back to the point about how such cases are handled in future—there will be more—he referred to the fact that the Historical Enquiries Team does not share the reports with the MOD; it is up to the family to do so. If the family share a report and receive an apology, and if they ask for that apology to be in the parliamentary record, will the MOD make it future policy to do so by way of a written ministerial statement?
Mr Robathan
I do not say that there will necessarily be a written ministerial statement. If the family wishes it to be published, we will happily facilitate that, as it is the right thing to do.
This was a tragedy. It was highly regrettable. Even 41 and a half years later, I can see that. A young soldier —I suspect very frightened—behaved in error, but we do not think with malice, and it was certainly not thought so at the time. It was highly regrettable, and I repeat the apology on behalf of the Government.