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The Parliamentary Under-Secretary of State for Northern Ireland (Dr Andrew Murrison)
It is a pleasure to serve under your chairmanship, Mr Hollobone. I commend the right hon. Member for Tottenham (Mr Lammy) on securing this important debate.
I begin by offering my sincere condolences to the families of both Sapper Patrick Azimkar and Sapper Mark Quinsey. My right hon. Friend the Secretary of State for Northern Ireland met Patrick’s parents recently. I know that they are taking a close interest in today’s proceedings, and that my right hon. Friend was deeply moved by the account that they gave. Their personal strength and dignity at this difficult time is remarkable. Five years on, I am sure that the pain that they have suffered will not be erased. It is a particularly cruel irony that two fine young men should be struck down on home soil just as they were preparing to serve their country in Helmand.
Before I address the points raised in the right hon. Gentleman’s speech, I assure the House that this Government take the threat posed by terrorists extremely seriously. Northern Ireland-related terrorism is a tier 1 risk in the national security strategy, meaning that it is of the highest priority to this Government, as it was to the Government in which the right hon. Gentleman served. Five years after the Massereene shootings, the threat level remains at “severe”. However, progress has been made, as I am sure many of the hon. Members here will attest. As a result of the sterling and often unsung work of the Police Service of Northern Ireland and MI5, working in close co-operation with police in the Republic of Ireland and others, lives are undoubtedly saved and the ill intent of violent criminals thwarted or mitigated.
Jim Shannon (Strangford) (DUP)
Some of the names of those involved in the murder have been mentioned. David Jordan, who is in prison in the Republic, has also been mentioned. A European arrest warrant has been issued for him on his release from prison. Can the Minister confirm that all of those allegedly involved in these murders, in the Republic of Ireland or wherever they may be, will be brought to justice?
Dr Murrison
That is clearly the firm intent of both the Westminster Government and the Northern Ireland Executive. Violent terrorists, wherever they are, must be called to account. I know that all the agencies that I have mentioned, and others, are bent on ensuring that such wicked individuals are brought to account and face the full rigour of the law, wherever they are.
Lady Hermon
I am most grateful to the Minister for allowing me to intervene. Can he please give a categorical assurance that none of those suspected of involvement in the murder of those two courageous young British soldiers at Massereene are sitting with a letter, familiarly referred to as a comfort letter, signed by the Northern Ireland Office and sent to on-the-runs?
Dr Murrison
Given that they have faced trial, one must assume that they are not. However, I cannot tell the hon. Lady whether those names appear on the list of 200 people issued with such letters. Given that they have faced trial, it seems unlikely to me.
Before I come to the burden of my response to the right hon. Gentleman’s points—
Dr Murrison
If the hon. Gentleman will forgive me, I have only a few minutes to answer the right hon. Gentleman’s points, so I would like to crack on.
It must be understood that those who continue to favour violence and terrorism in Northern Ireland are few in number. Those individuals are acting in defiance of the clear will of the people of Ireland, both north and south, and holding democracy, decency and the rule of law in contempt.
Turning to the important issue of barracks security, many of the points that the right hon. Gentleman raised in his speech are the responsibility of the Northern Ireland Executive under the devolved settlement. It would not be appropriate for me to comment on areas for which I do not have direct responsibility. However, responsibility for the armed forces is not devolved, so I will start by saying that the Government take the safety of military personnel very seriously indeed. Security measures for members of the armed forces are made and set in accordance with a specific threat level relating to them, which is kept under regular review.
In Northern Ireland, armed guarding and security is undertaken by the Northern Ireland Security Guard Service, which consists of Ministry of Defence employees specifically trained for the job. That is similar to guarding provision in the rest of the UK, and it is not accurate to say that the use of civilian MOD employees results in an inferior service to what would be provided by soldiers.
Security measures at Massereene barracks on the night of the incident were set and implemented in accordance with the threat level pertaining to the Army at that time. At the time of the murders of Sapper Azimkar and Sapper Quinsey, those guarding the barracks carried pistols. I will return to that point in a minute. Security guidance for personnel visiting Northern Ireland and the Republic of Ireland has been reviewed since the incident; there has also been a security review at all establishments in Northern Ireland, as the right hon. Gentleman would expect. It has led to the introduction of a number of measures in order to match the increased sector-specific threat assessment following the attack, including the introduction of long-barrelled weapons for the NISGS. Where required, security infrastructure improvements have also been made to barracks in Northern Ireland.
Although the Army originally intended to hold a service inquiry to examine events leading up to the incident, it was quite properly put on hold pending criminal investigations, following which it was decided that as a result of the enhanced security measures that had been put in place, no further lessons of consequence could be learned. However, in accordance with normal practice, a learning account exercise was undertaken. It recommended a number of further security measures, such as arming the NISGS with rifles.
An assurance inspection was carried out in June 2012 at Massereene, which was deemed satisfactory. The barracks were then sold in 2013 to Randox Laboratories Ltd, which I believe is relevant in this case. In 2013, the director of personnel services for the Army judged that as a result of the enhanced security measures, the closure of the barracks, the two PSNI investigations and the passage of time, a service inquiry, whose purpose would be to learn lessons and not to apportion blame, would not add materially, a view endorsed by the Adjutant-General and noted by the then Minister of State for the Armed Forces. I understand that the families have been invited to meet to discuss the reasons behind the Army’s decision. I feel that the families may find it useful to have that meeting, and the offer remains open to them.
The right hon. Gentleman referred to how the investigation of the Massereene shootings was carried out. I emphasise that I cannot comment authoritatively on matters devolved to the Northern Ireland Executive. Justice is devolved, and with it the PSNI and Forensic Science Northern Ireland. However, I know that the PSNI continues to investigate the murders of both men at Massereene barracks, and the cases are still open. Both the PSNI and this Government share the families’ frustration that no one has yet been brought to book for that heinous attack. It is my sincere hope and expectation that justice will ultimately be brought to bear in this case.
I cannot comment on the specific concerns raised in connection with the investigation and how it was conducted or discuss specific concerns about forensics, as it could affect any future investigation. However, it is my understanding that the senior investigating officer tasked to the case has met with Patrick Azimkar’s parents to discuss their concerns in detail. Furthermore, as a result of the judgment by Justice Deeny in the second trial, both the PSNI and Forensic Science NI conducted a review to examine the issues raised. I am assured that all the recommendations contained in the reviews have been implemented.
I am also aware of the concerns raised by the Azimkar family about the trials, re-trial and acquittal in the case, but I suspect that the right hon. Gentleman, as a lawyer, will agree with the proposition that judicial independence is fundamental to criminal justice. Judges must be free to act without pressure, threat or interference. In light of that, it would not be appropriate for me to comment on either the judicial decision or the process, and “Erskine May” specifically discourages me from doing so, but I too remain disappointed and dismayed that no one has yet been made accountable for those appalling crimes. I want convictions, and very few in Northern Ireland want terrorists to get away with their barbarity. It is cause for regret that although Northern Ireland has moved on, its public face is still marred by its association with violence.
I will turn briefly to the use of non-jury trials in Northern Ireland, an important point raised by the right hon. Gentleman in his speech. As he knows, there is now no system of Diplock courts in Northern Ireland, as they were abolished in 2007. What we have in Northern Ireland is a system that allows for non-jury trials in specific circumstances where it is deemed necessary to secure a fair trial. The decision is not taken lightly, and it is made by the Director of Public Prosecutions in Northern Ireland based on the facts of the case in question. That was the case with the trial of those accused in relation to the Massereene shootings.
Although there is rightly a general presumption in favour of a jury trial, the non-jury system is generally recognised as removing the risk of perverse verdicts by reason of intimidation or bias. Furthermore, non-jury trials have the advantage of a written judgment explaining the reasons for conviction or acquittal and are an effective way of securing a fair trial for all parties and mitigating the risk of intimidation or subversion of the judicial process. However, the current non-jury trial provisions are due to expire in July 2015, and my right hon. Friend the Secretary of State for Northern Ireland will review the current provisions in the coming months.
The right hon. Gentleman mentioned the support being provided to the families—
Mr Philip Hollobone (in the Chair)
Order. I am sorry to interrupt the Minister. I thank all Members who have attended this important debate.