(7 months, 2 weeks ago)
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Jim Shannon (Strangford) (DUP)
First of all, may I thank Mr Speaker and the Table Office for allowing and facilitating this debate? It is with sadness, but also with determination and commitment, that I bring this matter to the House. I have spoken to the Minister of State, who I am pleased to see in his place; I gave him my speech beforehand and told him some of the things that I am asking for. With that purpose, we try to move forward to address these issues.
The debate refers to an event that took place 48 years ago. The reason it has taken so long is that the inquest happened only about two or three weeks ago. Although I asked for an urgent question on the Monday after that, I am very pleased to have this Adjournment debate.
This date is perhaps a poignant one because we understand that the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 has come into effect, which should mean the end of the probing of legacy issues. However, I am aware that the Police Ombudsman for Northern Ireland has said that her remit is to continue investigating former police officers for a further year. I am not sure why that remit continues, because people seeking truth and justice, including about Kingsmill and in other avenues, have been told that the date is passing. That is one of the questions that I have asked the Minister, and perhaps he could respond to it later.
It would appear that the vilification of the Royal Ulster Constabulary is to continue, with funding available, and I find that difficult to understand. My party—and, I believe, all Opposition parties—opposed the 2023 Act in its entirety, including on state bodies. My view was that the Government were seeking to cease any Police Ombudsman cases. I am afraid that that question must be answered, because there is an anomaly and a discrepancy there. Those who loved ones at Kingsmill and elsewhere must have their questions answered.
The Kingsmill massacre lives in the annals of history, along with the Darkley gospel hall attack, as the pinnacle of evil intention. There is absolutely no doubt about that in my mind or the minds of people outside this Chamber who are watching the debate. I want to give some details about what took place, because I think that they will illustrate the evilness of man.
The massacre took place on 5 January 1976, just after 5.30 pm. A red Ford Transit minibus was carrying textile workers home from their work along the rural road to Bessbrook. As the bus cleared the rise of a hill, it was stopped by a man in combat uniform standing on the road and flashing a torch. The workers assumed they were being stopped and searched by the British Army. As the bus stopped, eleven gunmen in combat uniform and with blackened faces emerged from the hedges. A man with a pronounced English accent—perhaps that put the bus driver at ease—began talking. He ordered the workers to get out of the bus and to line up facing it with their hands on the roof. He then asked, “Who is the Catholic in the bus?” Fearing that the gunmen were loyalists who had come to kill their Catholic colleague, his workmates tried to stop him from identifying himself. However, when Hughes stepped forward the gunman told him: “Get down the road and don’t look back.” The lead gunman then said, “Right,” and the others immediately opened fire on the workers. The eleven men were shot—[Interruption.]
The Minister of State, Northern Ireland Office (Mr Steve Baker)
I am extremely grateful to the hon. Gentleman for reminding us of just how wicked those events were, and for the passion with which he represents his constituents on these issues. I am clear that those were not the actions of soldiers in a war; they were the dishonourable crimes of cowardly terrorists. It is a matter of great regret that they have not expressed contrition or remorse, and that they did not confess to those crimes and suffer the justice that they were owed.
Jim Shannon
I thank the Minister for that intervention.
The eleven men were shot at very close range with automatic rifles, which included Armalites. It is clear that 10 men were murdered because they were Protestants —that is what it was about. [Interruption.] A total of 136 rounds were fired in less than a minute. The men were shot at waist height and fell to the ground. Some fell on top of each other, either dead or wounded. When the initial burst of gunfire stopped, the gunmen reloaded their weapons. The order was given to “Finish them off”—in other words, no survivors—and another burst of gunfire was fired into the heaped bodies of the workmen. One of the gunmen also walked among the dying men and shot each of them in the head with a pistol as they lay on the ground. Such horror; such barbarity; such evil.
Ten of the men died at the scene; I will name those 10, if I can. They were John Bryans, 46 years of age; Robert Chambers, 19 years of age; Reginald Chapman, 25 years of age; Walter Chapman, 23 years of age; Robert Freeburn, 50 years of age; Joseph Lemmon, 46 years of age; John McConville, 20 years of age; James McWhirter, 58 years of age; Robert Walker, 46 years of age; and Kenneth Worton, 24 years of age. Alan Black, who was only 32 at the time, was the only one who survived. He had been shot 18 times, and one of the bullets had grazed his head. He said:
“I didn’t even flinch because I knew if I moved there would be another one”—
only that time, it would not have grazed his head, but would have killed him. After carrying out the shooting, the gunmen calmly walked away. Shortly after, a married couple came upon the scene of the killings and began praying beside the victims.
Those are the undisputed facts of the case. However, what the inquiry has found is what was first suggested by the Historical Enquiries Team investigation in 2011: that although the IRA was supposedly on ceasefire at the time, it was in fact the Provisional IRA that carried out the atrocity. The coroner said in his findings:
“The attack was carried out by the IRA operating under the authority of the Army Council which had, in April 1975, given wide authorisation to IRA units”.
It was sanctioned at the highest level by IRA terrorist scumbags.
However, the coroner failed to name the three known IRA terrorist individuals who carried out the killings, who are now deceased themselves. He should have done so; it was common knowledge, but for the purposes of the coroner’s report, they should have been named. I think it is important that that is put on record: he failed to name and shame at least three known individuals, now themselves deceased. Those names were available in various media outlets, including the BBC.
Eleven automatic weapons were used to kill those 10 Protestant workmen. Those weapons were linked to 40 other serious republican terrorist crimes over a 15-year period, including the murder of two paratroopers in 1974 and the killing of Chief Superintendent Harry Breen and Superintendent Bob Buchanan in 1989. The coroner’s report further found that the organisation of the attack was planned well in advance in the Republic of Ireland. I have spoken to the Minister of State, and he knows that I am going to ask about this: the excuse within the findings, that the gardaí were not asked for information that they held at the time, is completely untenable. It further makes a mockery of the current legal proceedings and the Government’s legacy legislation that this clear evidence of the gardaí’s unwillingness to help with investigations, then and now, is so blatant. What police organisation would say, “You didn’t ask us for the information, so therefore we’ll not give it to you”? Police organisations—in this case, the Garda Síochána— should have worked alongside the Royal Ulster Constabulary and ensured that all the evidence they had was made available, but it clearly was not. There are questions to ask in relation to that.
The other thing that concerns me greatly—this is the second part of the questions that the Kingsmill families are asking—is that the coroner refused to disclose information contained in secret files provided to him by the security forces in closed hearings. The three people who carried out the attack had on-the-run certificates given to them so that they could get away with their past crimes. It grieves me greatly to have to record the heartache and pain that those families feel because some of those people have got off. Why and how could that be the case?
There is another point I want to raise with the Minister, and it is really important to do so simply because there are just so many questions to be asked. The findings omit any discourse on the perpetrators, when it was said in south Armagh at the time that the dogs on the street knew who had carried out this atrocity—the Kingsmill massacre—with the murder of 10 innocent Protestant people. Indeed, it is widely held that the perpetrators carry on-the-run letters. Some elected Members have publicly joked—I can think of one in particular who joked with loaves of Kingsmill bread on the anniversary. The families do not laugh: they carry the pain. Some of the families wonder why the investigation of this massacre has received nothing like the results of other investigations that have resulted in prosecutions.
I make the point to the Minister of State, whom I spoke to beforehand: why is it that this was planned in the Republic of Ireland and was carried out from the jurisdiction of the Republic of Ireland, and those people were able to cross the border with impunity and then the Garda Síochána did not seem to do anything about it. The Minister of State will know my own personal case, and indeed everyone in this House probably knows it. My cousin Kenneth was murdered by the IRA as well—
Mr Deputy Speaker (Mr Nigel Evans)
Order. If the hon. Member wishes to take the time to compose himself, I am quite happy to wait for him to do so. There is no pressure on him whatsoever. I know how emotional this is for him, and indeed for the House, so I am quite happy for him to compose himself.
Jim Shannon
Thank you, Mr Deputy Speaker.
My cousin Kenneth Smyth was murdered by the IRA on 10 December 1971. I use that as a comparison because it is true, and the three people who killed him escaped across the border, in the same way as the IRA men—11 of them—who killed the 10 Protestants at Kingsmill. There is a question to be answered, and there is a debt of justice. I am a believer, as you know, Mr Deputy Speaker, and I believe that people in the next world will have their justice, and we will have justice. However, I would like to see justice happening for the families in this world, and that is what I wish to see. On behalf of the Kingsmill families, I want the answer to the question: why was the Garda Síochána not forthcoming? On the murders of the two police constables, about which my party has certainly asked questions in the past, we want justice for them as well.
I have heard the cries for a public inquest, and it is very clear from what people are saying that they want to see that. I think it is right—very right—that the request should be forthcoming, yet it appears that the Northern Ireland Troubles (Legacy and Reconciliation) Act will halt this. However, as I indicated at the start of this all-too-brief contribution, the police ombudsman has highlighted that her role has been permitted to carry on for a further year, so why are the Kingsmill massacre families precluded?
A response to the coroner’s report, which I am going to quote in its entirety, states:
“It is for the reasons outlined above that Alan”,
who is the survivor,
“the Kingsmills families and”
others
“have called on the Secretary of State”—
in this case, it is the Minister of State who is answering on his behalf—
“to announce a full, independent Public Inquiry into the Kingsmills Massacre. We would like to have the support of our public representatives”.
I believe that the coroner’s finding has reaffirmed that call.
It is what we have all known for years, and there are many people in the Province who seek justice. Our family seeks justice, and the Kingsmill massacre families seek justice. There has to be a day of reckoning, and I would certainly like to see that day of reckoning happening in this world. The coroner’s finding reaffirmed what we have all known for many years, but that is all, and the families are asking for more. I ask this of the Minister of State, with great gentleness but firmness—he will not mind my doing so—and in a way that I hope underlines that the Kingsmill massacre families deserve more. I very humbly ask today for that inquiry and for that justice, with a public inquiry and with those questions answered for them. Thank you very much.
The Minister of State, Northern Ireland Office (Mr Steve Baker)
I am glad to respond to today’s debate on a subject that is as ever, as we have seen, very painful and difficult. The Government recognise that, as my hon. Friend the Member for Strangford (Jim Shannon) has shown, the victims are people who feel. They are people who grieve and as my hon. Friend—he is my hon. Friend—has vividly illustrated, the scars run deep and the pain that people suffer, even today, is very great and vivid. We certainly recognise that. People want facts and they want justice. I am extremely grateful to my hon. Friend for giving people voice today. He has done it with great skill, authenticity and passion. It is worth saying if he will allow me—I hope he will forgive me —that he is a strong and courageous man. I know that, and I myself feel that I reflect some of the passion that he does, even though I can never quite feel it.
I lived through the troubles as a boy, and as a young Royal Air Force officer in the ‘90s. Since I was on fast jets I was never posted to Northern Ireland, but I did have to check under my car every time I got in it in the ‘90s. People were shot dead—people who perhaps looked like me because we had short hair and looked military. I have not suffered losses as my hon. Friend has, and any of us who have any reason to consider the troubles and what they meant, must in great humility acknowledge the suffering of those who lost those they loved. Indeed, we have to acknowledge the contribution of those who served to defend us from great evils, about which he has elaborated.
I hope that today I will be able to answer my hon. Friend’s questions, and I am extremely grateful for advance sight of his remarks. I believe I will be able to satisfy him in at least some regard, and if I am not able to, I will be glad to meet him and discuss matters further. I come first to the findings of the inquest. The Kingsmill murders, in which the Provisional IRA shot dead 10 Protestant workmen and left one severely injured, is an appalling example of the pain and suffering inflicted on civilians during the troubles. We must never forget that it was the civilian population who suffered most in terms of lives lost from that period of violence, with close to 1,900 people killed. The victims and families of Kingsmill, including the sole survivor of the attack, Mr Alan Black, have fought for many decades to get information and accountability from those responsible.
The coroner for the inquest delivered clear and detailed findings, including: that Kingsmill was a horrific and overtly sectarian atrocity committed by the IRA under the authority of the Army Council, and the attack had absolutely no justification; that the attack had been planned well in advance, and an attack of such scale required a significant amount of planning; that the attack occurred in the aftermath of, and ostensibly as a response to the Reavey and O’Dowd murders, but the reality is that it had been planned long before they took place.
The coroner also said that the rumours concerning the involvement of Captain Robert Nairac in the Kingsmill attack are entirely false, and I would like to quote from the Judicial Communications Office:
“The Coroner was entirely satisfied that Captain Nairac had no role whatsoever in the Kingsmill atrocity. He said:
‘Captain Robert Nairac was a highly decorated soldier, and his memory is ill-served by those who persist in rumour mongering concerning his involvement in Kingsmill. Moreover, the false accusation serves to distract from the proper attribution of responsibility for those who carried out the attack. Rumours concerning the involvement of Captain Robert Nairac in the Kingsmill attack are entirely false.’”
The coroner also said that the attack was, at least in part, planned in Ireland. The border between Northern Ireland and Ireland was “exploited by terrorists” and allowed for
“planning, training, organisation, weapons storage and retreat at a safe physical and legal distance from the authorities that would be faced with investigating terrorist acts in Northern Ireland”.
Despite these findings I acknowledge, with regret, that there will be some unanswered questions for the families. That is unfortunately often the case in what are complex, sensitive, and decades-old troubles-related cases. One key reason why such questions remain unanswered in this case is what the coroner described as
“the absence of any disclosure or evidence from those who caused the deaths”.
The coroner said that the inquest
“did not receive disclosure from any individual concerned in the attack, nor their organisation, nor their political representatives.”
In fact, numerous calls to assist the inquest were met with silence. As a result, despite the savagery of the attack, the coroner found that there has been
“no acknowledgement by the IRA of the utter wrongness of the atrocity, its impact on those bereaved or the damage caused to the entire community”.
As we look forward to an amazing period of opportunity for Northern Ireland ahead of us, with the Executive restored and performing extremely well, there is a great role to be played as we move towards reconciliation by people who have the opportunity to express contrition and remorse. It is extremely difficult to forgive someone who claims that their actions were necessary and that they were soldiers in a war. They were not; they committed acts of terrorism, as this incident clearly illustrates. I encourage everyone involved to express contrition and remorse, to seek forgiveness and to help Northern Ireland to move on. That is in everyone’s interests, whatever their view on the constitutional question.
The hon. Gentleman asked me about the Police Ombudsman for Northern Ireland and letters of comfort. To address his point about the ombudsman’s work, I will provide clarification on what investigative bodies can still deliver. Section 38 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 specifically prohibits the commencement or continuation of any troubles-related criminal investigation from 1 May 2024, apart from those that will be conducted by the Independent Commission for Reconciliation and Information Recovery. That remains the case for all investigative bodies, including the Police Ombudsman for Northern Ireland.
In the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Commencement No. 2 and Transitional Provisions) Regulations 2024, which we laid yesterday, we included a transitional provision to clarify that in cases where an investigation had been completed prior to yesterday, 1 May, and only final administrative tasks remained outstanding, which may include activities such as report writing, family engagement or publication, they may be retained and completed by their original owner, but no further investigative work may now be done, except by the ICRIR in relation to troubles-era offences, and that includes the ombudsman. The transitional provision applies to any body that had such outstanding final administrative tasks on 1 May 2024, including Operation Kenova, the Police Service of Northern Ireland and the Police Ombudsman for Northern Ireland.
Jim Shannon
The issue for the families is that they are aware that the Garda Síochána had information pertinent to this atrocity—this massacre—of 10 innocents. The question that they are asking and that I am asking as a Member of Parliament, which I hope the Minister of State can respond to, is about evidence not available before that is available now. It could have a determining impact on decisions. I know I also asked on behalf of the families for a public inquiry, but if all the information and evidence that should have been available, but was not, is available now, it could put a different stain or paint a different colour on what happened. It could lead to those who were responsible being held accountable.
Mr Baker
I believe I will be able to cover all those points that the hon. Gentleman has raised as I go through my remarks. I hope you will not mind my saying, Mr Deputy Speaker, that we are not short of time. It is worth, for the hon. Gentleman and those watching, my giving a proper answer. I hope to do that, and I will certainly take further interventions from him as we go on.
In relation to alleged on-the-run letters in the hands of perpetrators, the then Secretary of State for Northern Ireland, my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) set out the Government’s position on the on-the-runs scheme fully in her statement to the House of Commons on 9 September 2014. That followed detailed consideration of the report by Lady Justice Hallett, which was published in July 2014. In her statement, the then Secretary of State was clear that the on-the-runs scheme was at an end and there was no basis for any reliance on letters received by so-called on-the-runs under the scheme. During legislative passage of the legacy Act, the Government again confirmed that position. I do not know who did or did not receive on-the-run letters. I will come on to that matter in a moment, but it will now be an operational matter for the ICRIR to consider. It is not something on which I can elaborate further.
Jim Shannon
If the responsibility falls on that body, is it in order to ask it to clarify the matter of the on-the-runs letters? That was clearly not done in the coroner’s report, but the families indicate clearly that it did have them.
Mr Baker
I would be grateful if families made reference to the ICRIR. Later, I shall publish a link to its website, which speaks about investigations. I have had a good look at the website in preparing for the debate—I will come on to that—and I will send that link to my hon. Friend, so that he can share it with people. Yes, people should certainly make a reference, and I hope that the ICRIR will feel able to satisfy them, but he will know that it is independent of Ministers, so that is not a matter for me, but for the commission.
I believe that Members of the House will share the Government’s disappointment that the inquest could not obtain the co-operation it desired from those implicated in, or with knowledge about, the atrocity, and who may have been able to provide additional information for the families involved. The Government have long recognised that truly effective information recovery requires the co-operation of the various different actors during the troubles. That is exactly why the new Independent Commission for Reconciliation and Information Recovery is supported by both a legislative requirement for full disclosure by the state, and by powers to compel witnesses to provide evidence. I am pleased that the ICRIR commenced its functions on 1 May, as expected.
Those powers mean that the independent commission will have the tools that it needs to obtain as much information as possible for individuals and families. In fact, the Northern Ireland High Court recently found that the disclosure powers held by the commission were not only compliant with the state’s international obligations, but could improve on current inquests mechanisms. Individuals suspected of holding information that might be pertinent to a review by the commission will now be required to co-operate with the commission or risk a significant sanction. Refusal to comply with a notice of disclosure by the commission is subject to a penalty notice of up to £5,000.
I turn to remarks by Peter Sheridan, the commissioner for investigations. In an article released by PA Media titled, “Chances of prosecutions from new legacy body ‘vanishingly small’”, Mr Sheridan said:
“I have heard across the board about how justice stops on the first of May. Actually, if people read the information, the opposite is true. I, as the commissioner for investigations, have the ability to do criminal justice-style investigations and report to the prosecution service either in England and Wales or here in Northern Ireland where we find evidence available.”
He further said:
“I want to be absolutely honest with victims and survivors on what is a vanishingly small possibility around criminal justice prosecutions. Not that there isn’t still hope, there could be evidence available that is enough to prosecute.
But he also explained:
“If you take Kenova, £40 million, eight years work and no prosecutions. So we have to be honest with people of what’s achievable about cases that are 20, 30, 40, 50 years old.”
That is the situation we face, and that is why we have instituted the commission. It will have the opportunity to engage in culpability investigations.
My hon. Friend and the families are keen for people to be named. Culpability investigations are described on the website. I understand my hon. Friend’s concern regarding the naming of individuals. It is important to note that there should be consideration of many issues, and judgments made, including about the safety of life. Such considerations will remain relevant as the process moves forward.
The ICRIR will seek to establish all the circumstances of the death or other harmful conduct, using its full range of statutory powers, including the ability to compel witnesses. The commission will, at the conclusion of its review, write a final report. It will make findings, on the balance of probabilities, on issues such as who and what was to blame; importantly, it will answer specific questions asked by families, where that is possible. However, the content of reports is an operational matter for the ICRIR. It is independent of Ministers, as is right and proper. I am confident that many people out there would not believe Ministers, so it is important that the ICRIR is independent. I encourage people to look at the website, and I will tweet the link later. I hope that the hon. Gentleman will feel able to share it with families.
Turning to the Irish Government, one of the coroner’s other key findings—the exploitation of the border in the planning, execution or aftermath of criminal activity, not just in this case but throughout the entirety of the troubles—is well established, as the hon. Gentleman indicated. As he will know well, there are many troubles-related cases in which criminal activity is suspected to have taken place across jurisdictions. For individuals and families who are the victims of such cases, effective information recovery will require the provision of information by the Irish authorities.
One such case is the Omagh bombing. The UK Government continue to press the Irish Government to co-operate fully with the inquiry on that, and, if necessary, to establish similar processes in Ireland, to facilitate the full provision of answers for the families affected. I repeat that invitation to the Irish Government today. They are very welcome to establish processes for co-operation with the commission, to the end that the hon. Gentleman mentioned. Where they have information that could help with information discovery and reconciliation, I encourage them to work with the commission.
To date, the Irish Government have declined to commit to co-operating with the commission to facilitate the provision of information to families who request it. The recent Northern Ireland High Court judgment found the commission to be operationally independent from Government and capable of conducting reviews in accordance with the state’s obligations under articles 2 and 3 of the European convention on human rights. We hope that that will lead to further engagement by the Irish Government with the commission. The approach taken by the Irish Government to co-operating with the Kingsmill inquest—the coroner expressed gratitude for the co-operation of the Irish authorities—should act as a useful template for future co-operation with both the Omagh bombing inquiry and the ICRIR.
I would like to put on record that the relationship between the UK Government and the Irish Government is, today, one of robust friendship. We are friends and partners, not rivals or opponents. We are going forward together in a spirit of constructive co-operation on a wide range of matters. I am proud to have played some part in making that possible. This would be a great time for our two nations to co-operate in detail on issues of the past, to help lay to rest various suspicions or expose wrongdoing, and so make progress.
Jim Shannon
I thank the Minister for that positive outlook. I brought this Adjournment debate on behalf of the families who lost 10 loved ones, and the survivor Alan Black. Could the Minister’s answer and the correspondence be conveyed to the Taoiseach down south and the necessary Minister there, with the message that we seek justice for the Kingsmill massacre families, to ensure that after 48 years, their case is answered?
Mr Baker
I would be astonished if the Irish Government were not following this debate live. We have friends in the embassy of Ireland and in the Government of Ireland whom we respect, and with whom we wish to continue to develop a friendship and co-operation. The relationship between the UK and Ireland is fundamental. For too long, we failed to look west, but we should have done. As is often said, one of the problems we face is that the Irish never forget the history, and the English never remember. We need to make the effort to remember, and to go forward as friends in a spirit of co-operation. It is precisely because we respect Ireland and its status as an independent nation making its own choices that we can really only plead, encourage and invite it to join us in working with the ICRIR.
The hon. Gentleman made the case on why An Garda Síochána was not forthcoming. I will just say that that will have been heard by the Irish Government, and I think he makes a powerful case for further co-operation. The Garda will have records that may assist in answering the kinds of questions that he raises. It is in their interests to defend their excellent reputation. In the interests of defending themselves, the records should be shared. I certainly wish to offer no criticism.
In closing, I express my sincere hope that the conclusion of the long-running Kingsmill inquest will bring some form of comfort to the families affected. Where questions remain, I urge the families seeking answers to make use of the powers of the new commission. The ICRIR is led by Sir Declan Morgan KC and staffed by dedicated individuals experienced in working on legacy and reconciliation issues, and the Government have full confidence in its ability to deliver for victims and survivors, including those affected by the awful, appalling and unjustifiable actions of the IRA at Kingsmill in January 1976.
Question put and agreed to.