Cross-border Crime

Jeffrey M Donaldson Excerpts

Wednesday 11th March 2015 Commons Chamber

[Dr McCrea]

I thank the hon. Lady for that helpful comment. I trust that that will be a warning to those participating in that illegal activity.

[Mr Jeffrey M. Donaldson (Lagan Valley) (DUP)]

I am sure my hon. Friend will mention this, but does he recognise that the criminality extends to drugs, cigarettes, alcohol and many other things in addition to fuel laundering? Does he also recognise that it is not the sole preserve of republican paramilitary organisations, but that some of the loyalist paramilitary organisations have moved into organised crime, and are corrupting our young people in many communities in Northern Ireland?

[Dr McCrea]

I concur. This is not an issue for just one community. However, there is an area of the Province along the border that lends itself greatly to cross-border crime, and republicans are up to their neck in that.

There is a query about whether fuel launderers are tipped off ahead of raids. After the 2013 major cross-border police raid on Thomas “Slab” Murphy as part of Operation Loft, the authorities at the time believed that the IRA chief of staff and his associates had been tipped off just hours before, as salvaged from the embers were the burnt remains of laptops, documents and computer discs. The status quo approach to tackling fuel smuggling and laundering is untenable. When the operators of filling stations are successfully prosecuted—this is not really happening at the moment—for selling illegal, laundered fuel, provision should be made in legislation to ensure that these outlets cannot simply be reopened again after a few weeks, as happens at the moment. The community is sickened by this.

The challenges we face are grave. We must take them head on and the Government ought to take them head on. These fraudsters must be stopped and the criminals must be put behind bars. However, a number of questions must be asked regarding Government proposals that are supposed to tackle this problem. Why are the Government continuing to designate the Dow fuel marker in legislation, when they knew a year ago that it was not fit for purpose? Why do the Government not support their own British science company, when its fuel markers are the only IMS-proven—invitation to make submissions—indelible markers recommended? Why did Her Majesty’s Revenue and Customs director, Mike Norgrove, give evidence to the 2012 Northern Ireland Affairs Committee inquiry that he would travel anywhere in the world to find a solution for fuel fraud, when he personally turned down an invitation a year earlier by the same British science company that saved the Brazilian Government billions of US dollars and reduced fuel fraud to less than 1% by 2012? Why would any Government allow billion-pound fraud to continue, when a British science forensic solution already exists? Even more troubling to me, however, is that I am told that a Treasury Minister wrote to the NIAC Chairman asking him to keep the Dow launderability confidential. We must do all within our power to stop illegally traded fuel raking in massive profits for the criminal gangs mentioned today.

Stormont House Agreement

Jeffrey M Donaldson Excerpts

Wednesday 7th January 2015 Commons Chamber

[Mrs Villiers]

Certainly, and it is crucial that the work on the disappeared is allowed to continue. Thankfully, it has been possible to find answers in relation to a number of cases. Sadly, many have so far not been resolved, but the good work done by the Independent Commission for the Location of Victims Remains is a good model on which to base the ICIR’s work for the future.

[Mr Jeffrey M. Donaldson (Lagan Valley) (DUP)]

Let me say to the hon. Member for Reigate (Crispin Blunt) that if he is faced with the choice of the Scottish nationalist party or a Unionist party, he may have cause to think again about the comments he just made.

The Secretary of State will join me in welcoming the progress we have made on dealing with our troubled past in Northern Ireland. She knows the hard work that was put in during the talks to achieve this outcome, which is a victim-centred outcome. However, many of those victims were victims of people operating from the jurisdiction of the Irish Republic; indeed, some were murdered in the Irish Republic. Will she ensure that the Irish Government hold good to the commitment and obligations they have undertaken in the agreement to co-operate fully with all the institutions dealing with the past and release all papers, documents and files held by Irish state forces that will assist in the apprehension of those responsible for those murders?

[Mrs Villiers]

I thank the right hon. Gentleman for his hugely important work in the cross-party talks and for delivering what I believe is a good agreement overall, although his input on the past has been particularly highly valued. It is important that all participants—the UK Government, the Irish Government and the Executive parties—play their part and live up to the obligations they have undertaken. Minister Flanagan has repeated on many occasions that his Government would co-operate with those institutions; I have every confidence that they will do so.

Northern Ireland (All-party Talks)

Jeffrey M Donaldson Excerpts

Monday 15th December 2014 Commons Chamber

[Mrs Villiers]

I have had those discussions at great length, including discussions about how to amend the petition of concern process. The Chairman of the Select Committee is right to acknowledge that the institutions set up to secure a peace settlement can often find it difficult to take difficult decisions, but they are capable of it; adaptations can be made. However, improving the way the institutions work will be an important part of an overall agreement.

[Mr Jeffrey M. Donaldson (Lagan Valley) (DUP)]

Of course these matters do not just affect the Northern Ireland parties; national issues and national security issues are at stake in the discussions on the past. On parades, we are still awaiting the Secretary of State’s announcement about what she is going to do on north Belfast and the Ligoniel parade. That could unlock the way for progress being made, so it is important that the UK Government—our Government—play their part in moving things forward as well. Although I welcome what the Opposition spokesman has said, I remind him that part of the reason for the mistrust at the moment is the previous Government’s actions in relation to on-the-runs.

[Mrs Villiers]

I can assure the right hon. Gentleman that the north Belfast panel will be constituted shortly. I agree that national security matters are at stake, not least because the current dispute over welfare reform and budgets means that the Police Service of Northern Ireland is facing significant funding cuts. Those cuts could impact on its ability to deliver community policing, which is an important part of our counter-terrorism strategy as a means of building support for policing within the community.

Hallett Report

Jeffrey M Donaldson Excerpts

Tuesday 9th September 2014 Commons Chamber

[Mrs Villiers]

The PSNI has told NIAC and the Policing Board that it is looking at all 187 “not wanted” indications. Lady Justice Hallett identified two cases in which she believed a mistake had been made and highlighted a further 36 cases processed by the Operation Rapid team between February 2007 and November 2008 in which she said there was a risk that an inappropriate threshold might have been applied. There might therefore be at least 38 cases where there is reason to question the original conclusions. It will be known whether that is the situation in further cases only once the PSNI completes its investigations, but given the systemic failings, there must be a risk that errors occurred in other cases as well.

[Mr Jeffrey M. Donaldson (Lagan Valley) (DUP)]

The Secretary of State will be aware that some of the names proposed for the scheme came from the Irish authorities. Given former Irish Justice Minister Michael McDowell’s recent comment that the Irish Government were not pursuing those responsible for terrorist actions in their jurisdiction, what is her current understanding of that Government’s position?

[Mrs Villiers]

I have spoken to Charlie Flanagan, the Irish Foreign Minister, about this matter, and he has given me the clearest assurances that there was no policy to refrain from prosecuting terrorist offences, that the statements and speculation were groundless and that if there was evidence in the Irish justice system to justify arrest and prosecution, that would happen.

Hallett Review

Jeffrey M Donaldson Excerpts

Thursday 17th July 2014 Commons Chamber

[Mrs Villiers]

I am certainly happy to come back to the House to discuss the implementation of the Hallett recommendations. The hon. Lady will know that I fully support the all-party talks and agree on the importance of their resumption. She will also know that the Prime Minister shares that view, because she will have heard that in her conversation with him yesterday.

[Mr Jeffrey M. Donaldson (Lagan Valley) (DUP)]

Three of the people proposed for this scheme were proposed by the Garda Siochana. Will the Secretary of State explain how the Irish police service was aware of this scheme, yet Ministers in the Northern Ireland Government were not? Secondly, I understand that up to 15 names were proposed by the Northern Ireland Prison Service. Will she explain the role of the prison service in relation to this scheme, what officials were involved and how they will be held to account?

[Mrs Villiers]

As regards the names that came from the Irish Government, the Irish Government were involved at various points in the peace process on a number of matters, including this one. As I have said, I regret that Executive Ministers were not briefed at the time. On the prison service, it is not entirely clear how that came about, but it seems that the prison service had a number of individuals on its files who had escaped from prison, and the reason they ended up on the OTR scheme was to establish whether they needed to be sought for a return to prison. It was to clarify the position for the prison service.

Oral Answers to Questions

Jeffrey M Donaldson Excerpts

Wednesday 11th June 2014 Commons Chamber

[Mr Robathan]

It has been said that serious gaps are emerging. As the hon. Gentleman will understand, these are devolved matters, but we are keen that the National Crime Agency should be able to pursue organised and serious crime in Northern Ireland, and there is no difference between us on that at all. Two parties in the Executive are holding things up, however, and I ask why they are doing that and why we do not all want to pursue serious criminality in the Province.

[Mr Jeffrey M. Donaldson (Lagan Valley) (DUP)]

3. When she plans to report to the House on her Department’s inquiry into the administrative scheme for on-the-runs.

[The Secretary of State for Northern Ireland (Mrs Theresa Villiers)]

While Lady Justice Hallett is making progress on her report, she has informed me that it will not be ready for publication until shortly after the 30 June deadline.

[Mr Donaldson]

The Secretary of State will be aware of deep concern in Northern Ireland about revelations that a number of terrorist suspects were granted the royal prerogative of mercy—in other words, pardons— for serious terrorist crimes. Will the report on the on-the-runs include information about those who have been granted such so-called pardons?

[Mrs Villiers]

It is an independent report so I do not know what it will contain, but given the concerns raised about the use of the royal prerogative of mercy, I expect that aspects of that issue will be covered in Lady Justice Hallett’s report. I emphasise that this Government have not used the RPM in Northern Ireland, and it was used by the previous Government on only 18 occasions. Sixteen of those involved terrorism, but in all cases it was used to shorten sentences, not to cancel the offence.

Haass Talks

Jeffrey M Donaldson Excerpts

Wednesday 8th January 2014 Commons Chamber

[Mrs Villiers]

My hon. Friend is absolutely right. Rebalancing the economy in Northern Ireland by boosting the private sector is crucial. That is why we are pressing ahead with implementing our side of the economic pact. I will continue to work with the Northern Ireland Executive in taking forward their obligations in the economic pact. I am delighted to say that the first tranche of the new capital borrowing powers that have been granted as a result of the pact will in due course support a new shared education campus in Lisanelly, which will give many more children the chance to share part of their education with kids from different community backgrounds and traditions.

[Mr Jeffrey M. Donaldson (Lagan Valley) (DUP)]

As the Secretary of State will know, 90% of the deaths in Northern Ireland during the troubles were caused by paramilitary and terrorist organisations, and yet much of the focus is on what the state did. We cannot have a process that is disproportionate, that seeks to rewrite the history of the troubles and to sanitise terrorism, and that ignores the needs of the vast majority of innocent victims who were murdered by the terrorists.

[Mrs Villiers]

I certainly agree that the processes on the past need to be balanced and must recognise the proper attributions of responsibility for the deaths during the troubles. I acknowledge that that is one of the most important things to get right. I am impressed by the degree of progress that has been made by the political parties. They have come a great deal closer to an agreement on the past than I ever expected. I hope that in due course we will reach an agreement and a conclusion on that matter.

Northern Ireland

Jeffrey M Donaldson Excerpts

Wednesday 23rd October 2013 Commons Chamber

[Mr Jeffrey M. Donaldson (Lagan Valley) (DUP)]

I beg to move,

That this House notes the ongoing discussions in Northern Ireland chaired by Dr Richard Haass on a number of important issues including the legacy of the Troubles; recognises the deep sense of loss still felt by the innocent victims of violence and their continuing quest for truth and justice; acknowledges the valour and sacrifice of the men and women who served and continue to serve in the armed forces, the police and the prison service in Northern Ireland; and is resolved to ensure that those who engaged in or supported acts of terrorism will not succeed in rewriting the narrative of this troubled period in Northern Ireland’s history.

It is a privilege to move the motion standing in the name of my right hon. Friend the Member for Belfast North (Mr Dodds) and other colleagues on dealing with the past in Northern Ireland. First, I wish to record an apology on behalf of my right hon. Friend. As Members will be aware, he is attending a memorial service in his constituency to mark the 20th anniversary of the Shankill bomb on 23 October 1993, in which nine innocent people tragically lost their lives.

Today we remember the families of John Desmond Frizzel, aged 63, in whose fish shop the bomb was exploded; his daughter Sharon McBride, aged 29, married to Alan with one child; George Williamson, 63 years old, married with two children, and his wife Gillian Williamson, 49 years old; Evelyn Baird, 27 years old, married with two children; her daughter Michelle Baird, seven years old, a schoolchild; Leanne Murray, 13 years old, a schoolchild; Michael Morrison, 27 years old, married with three children; and Wilma McKee, 38 years old, married with two children.

Today I am sure that all right hon. and hon. Members will join me in saying that the tragic loss and pain suffered by those families and the thousands of innocent victims—whether Protestant, Roman Catholic or of other faiths—killed or maimed in Northern Ireland, here in Great Britain or elsewhere during our troubled past will never be forgotten by those of us who cherish the value of human life, reject violence and pursue peace as the only way forward for Northern Ireland. Today we especially remember the families of the victims of the Shankill bomb.

I also wish to acknowledge the presence of the Secretary of State. I am aware that she had other obligations and commitments this week outside of the United Kingdom, and we appreciate her presence today.

Discussions between the political parties at Stormont have failed to achieve sufficient consensus on dealing with the legacy of the troubled past to which I have referred. Therefore, the First Minister and Deputy First Minister have invited Dr Richard Haass to chair discussions about this and related matters such as parades and protests, flags, emblems and symbols. Dr Haass is assisted in this work by a small team, including Meghan O’Sullivan, who is his vice-chair of the talks presently under way.

I also acknowledge the work of the previous Consultative Group on the Past, led by Lord Eames and Denis Bradley, and the recommendations set out in its report. However, I must place on record the fact that many of those recommendations were rejected at the time, not least because of the schism that exists at the very heart of the debate on the past and the definition of a victim.

The Democratic Unionist party remains firmly of the view that we cannot equate the perpetrators of terrorist violence with their innocent victims, yet that is precisely what the current law does in Northern Ireland under the Victims and Survivors (Northern Ireland) Order 2006. This is a law that the DUP seeks to change, and for that reason I have proposed a private Member’s Bill that is due to be given its Second Reading in December. My Bill would ensure that an individual killed or injured as a result of their own act of terrorism or convicted of a terrorism-related offence as defined in law would not be classified as a victim for the purposes of deriving any benefit from schemes designed to assist victims and survivors.

I referred at the outset to the Shankill bomb and the innocent people murdered by the IRA in that incident. One of the IRA terrorists on that day, the bomber Thomas Begley, was killed when the bomb exploded, and his accomplice Sean Kelly was seriously injured. When convicted of this heinous crime, Sean Kelly was given nine life sentences—one life sentence for each life he had destroyed—yet under the early release scheme that formed part of the Belfast agreement, Kelly was released after serving just seven years in prison. That is less than one year for each life that he destroyed that day on the Shankill road.

That is an enormous burden for the families of those victims to bear. Michelle Williamson, whose father and mother were murdered by Sean Kelly, campaigned vigorously to prevent his release. Regrettably, Kelly walked free. To have this injustice compounded by the fact that the law currently defines the IRA bombers Sean Kelly and Thomas Begley as victims in just the same way as the nine innocent people who died that day on the Shankill road are defined as victims is an outrage. It is an affront to decency and the rule of law, and it is something that this Parliament should act to change. For the sake of the nine innocent people who died on that terrible day 20 years ago to this day, I trust and pray that parties throughout the House will support the necessary change to the legislation.

That is fundamental to finding an agreed way forward on dealing with the legacy of the past in Northern Ireland. On the definition, let me be clear: whether the innocent victims were murdered by those IRA bombers or by the Ulster Volunteer Force gang known as the Shankill Butchers that operated on the Shankill road, or whether the victims were Protestant or Roman Catholic or of other faiths or none, it does not matter. There cannot be equivocation between the innocent victims of terrorism and those who perpetrated those acts of terrorism. The principle applies in all cases. Those who commission or commit murder cannot be equated in a definition with their innocent victims.

Of course, this is not the only challenge we face in dealing with the legacy of the past. This summer has been a stark reminder of the difficulties surrounding very sensitive issues that we desperately need to address and resolve. I am bound to say, in the absence of the Sinn Fein Members elected to this House, that their attitude in the summer and recently has not helped to create an atmosphere in which we can make progress.

I refer specifically to an event that occurred in Castlederg in August when we witnessed a blatant glorification of terrorism by senior members of Sinn Fein. Castlederg is a small town in County Tyrone near the border with the Irish Republic. Many terrorist atrocities were committed there during what we call the troubles. The IRA waged a vicious sectarian campaign against the local Protestant community and especially targeted the security forces.

This August, republicans held a commemoration event in Castlederg to unveil a memorial to two IRA terrorists, Seamus Harvey and Gerard McGlynn, who 40 years ago, like Thomas Begley, were killed by their own bomb. I cannot understate the insensitivity of this event. Initially, republicans even sought, as part of the commemoration, to have a parade past some of the locations where the IRA had murdered people in Castlederg.

The speeches that were made on that day, most notably by the Sinn Fein Member of the Legislative Assembly, Gerry Kelly, were undoubtedly interpreted as a glorification of terrorism, and rightly so. Mr Kelly was convicted of trying to blow up the Old Bailey in London in March 1973. In his speech, he asserted that his actions were not acts of terrorism. I ask every Member of this House the following question: if a gang that includes Mr Kelly plants a bomb outside a courthouse in a public place and that bomb explodes, killing one person and injuring more than 200 people, is that an act of terrorism or something else? My understanding is that that is an act of terrorism as defined by the law of the United Kingdom and international law. We have the ridiculous situation whereby republicans are trying to redefine what terrorism is and to recast the actions that they perpetrated during the troubles. They are trying to explain away the heinous nature of those actions by some form of twisted justification. That will not do and we will not stand for it. There can be no redefinition of terrorism in Northern Ireland.

[Mr John Baron (Basildon and Billericay) (Con)]

I congratulate the right hon. Gentleman and his colleagues on raising this important issue. It is important that we do not paper over the fact that terrorists committed horrendous crimes during the troubles. We should all congratulate the civilians and soldiers on their courage and steadfastness at that time. Will he admit that it is important to remember those terrorist acts if only because, in remembering the horrendous nature of those crimes, the Province stands a better chance of having a brighter future?

[Mr Donaldson]

The hon. Gentleman is absolutely correct and I will speak about commemoration and dealing with the legacy of the past in a moment.

[Kate Hoey (Vauxhall) (Lab)]

I congratulate the right hon. Gentleman and his party on calling this debate. He mentioned the fact that Sinn Fein MPs do not take their seats. Does he think that it is time for this House to get to grips with that issue? There is an idea that we cannot have that debate in this House. However, those MPs still receive allowances and support. Is it not time that we all stood up to the blackmail, almost, that we have from the Sinn Fein MPs, who think that they are entitled to decide whether they come here or not, and yet—

--- Later in debate ---

[Mr Donaldson]

I concur entirely with the hon. Lady’s remarks. She can be assured that that issue will be raised on another day in the House of Commons.

On the same day that the IRA commemoration took place in Castlederg, 11 August, there was a memorial service in Omagh to commemorate the Omagh bombing of August 1998, in which 29 innocent people lost their lives. Sinn Fein members were present at that event in Omagh. I pose a simple question: how can the same party, on the same day, in the same county engage in an act of glorification of terrorism in one town and stand alongside the victims of a similar atrocity in another town, and claim that there is no double standard?

[Dr William McCrea (South Antrim) (DUP)]

For 14 years, I represented Omagh and Castlederg in the House of Commons. Sinn Fein have a twisted mentality that means that they can easily do that, because they were not associated with the Omagh bomb and they close their minds to all the other bombings, including Teebane and the many other atrocities across the Province.

[Mr Donaldson]

I thank my hon. Friend for those words. I pay tribute to the way in which he has represented people in Northern Ireland over many years. The personal cost that he and his family have borne for that representation is often overlooked. He is absolutely correct.

We cannot equivocate on this matter. The finger would be pointed in our direction if we sought to justify an act of terrorism by one paramilitary organisation in Northern Ireland while condemning the same kind of action by another paramilitary organisation. The two bombers whom Sinn Fein commemorated in Castlederg were transporting a bomb that was designed to murder innocent people in a country town. The people whom they condemned in Omagh on the same day were doing the same thing: they transported a bomb into the heart of a town in the same county of Tyrone and it was designed to murder innocent people. What happened in Castlederg and what happened in Omagh must be condemned equally. It is time that Sinn Fein grew up and recognised that wrong is wrong, no matter who the perpetrator. There can be no rewriting of the history of the troubles in Northern Ireland.

[Lady Hermon (North Down) (Ind)]

I am most grateful to the right hon. Gentleman for allowing me to intervene, particularly given that I was a few minutes late for the debate, for which I apologise to all Members. I invite him to confirm to the House, as I am sure he will do gladly, that his party leader, who serves the entire community in Northern Ireland as First Minister, has brought those criticisms of Sinn Fein’s behaviour to the attention of his Deputy First Minister, Martin McGuinness. I would like that assurance.

[Mr Donaldson]

I know that the hon. Lady takes a keen interest in all these matters. I confirm to the House that our party leader, the First Minister, Peter Robinson, has on numerous occasions brought to the attention of the Deputy First Minister the inconsistency and double standards adopted by Sinn Fein in these matters, and the damage that that does to the building of community relations and the development of reconciliation in Northern Ireland. Sinn Fein needs to address this issue.

We will not stand for a process that seeks to paint the forces of the state as the bad guys and the terrorists as the good guys. I remind the House that the Sutton index, which tabulates and records all the deaths associated with the troubles in Northern Ireland, is very clear that of the 3,531 deaths recorded to date, the Army was responsible for 297. Many of those were entirely lawful and legitimate, and were carried out by soldiers acting in the course of their duty to protect human life. The Ulster Defence Regiment, in which I was proud to serve, was responsible for eight deaths. When one hears the attacks that are made against the integrity, valour and sacrifice of the Ulster Defence Regiment, one would think that it was responsible for many more. I reiterate that those deaths were the result of soldiers acting in the course of duty. The Royal Ulster Constabulary, which is also demonised at times by Irish republicans, was responsible for 55 deaths. Interestingly, the Garda, the Irish police, were responsible for four deaths and the Irish army for one.

Let us look at the record of the paramilitary organisations. On the republican side, the Irish National Liberation Army and the Irish People’s Liberation Organisation, which were part of the same grouping, were responsible for 135 deaths and the Provisional IRA was responsible for 1,707 deaths. The Ulster Defence Association and the Ulster Freedom Fighters were responsible for 260 deaths, and the Ulster Volunteer Force was responsible for 430 deaths.

Let me say that every death associated with the troubles in Northern Ireland is regrettable. I do not seek, in any sense, to diminish the sense of loss that people feel when they lose someone.

[Mr Gregory Campbell (East Londonderry) (DUP)]

My right hon. Friend is outlining the distinction between the various paramilitary groups of all kinds and the security forces. Does he agree that there is one massive and very simple distinction: the forces of law and order were committed to maintaining law and order, whatever may be said about a tiny percentage of their number who exceeded lawful authority, while the paramilitary groups were set up precisely to kill, murder and create mayhem, which they did for many years until they were prevented from continuing to do so?

[Mr Donaldson]

I thank my hon. Friend; he is absolutely correct and I need not add anything to what he said.

The reality is that republican terrorists were responsible for 60% of the totality of deaths during the troubles in Northern Ireland. Loyalist paramilitaries were responsible for 30%, and forces associated with the state—whether in the Republic of Ireland or the United Kingdom—were responsible for 10% of those deaths. As my hon. Friend stated clearly, the vast majority of those killings were within the law and carried out in the course of duty by soldiers and police officers protecting the community.

However, when we look at the current process for dealing with the past, whether the Historical Enquiries Team, the Office of the Police Ombudsman for Northern Ireland, or an inquest or inquiries funded by the state, the vast majority of resources to examine the past in Northern Ireland are devoted to the 10% of killings, with a scant amount devoted to the 90% of killings carried out by paramilitary organisations on both sides. That cannot continue as it only adds to the sense of disillusionment felt by many people about the current process in Northern Ireland. It is one-sided, biased, and is assisting Irish republicans to rewrite what is called the narrative of the troubles. That has to stop. We must find a process to ensure that attention goes to the more than 3,000 unsolved murders in Northern Ireland, the vast majority of which were committed by illegal paramilitary organisations on both sides. The victims of those atrocities deserve better than they are getting at the moment.

[Sammy Wilson (East Antrim) (DUP)]

Does my right hon. Friend agree that that is reinforced by successive Governments who have permitted, endorsed and financed inquiry after inquiry into the role of the security forces during the troubles in Northern Ireland, while at the same time there is no such inquiry into the role of republican paramilitaries?

[Mr Donaldson]

My hon. Friend is absolutely right. We hear republicans talk about a truth process and the need for truth, yet when the challenge has been brought to their door, I think, for example, of the Saville inquiry into the events in Londonderry in 1972. When Martin McGuinness, now Deputy First Minister of Northern Ireland, gave evidence to that inquiry, he refused to tell the truth, the whole truth and nothing but the truth, citing some IRA code that he had signed up to when he joined the Provisional IRA.

Sinn Fein agreed to co-operate with the Smithwick inquiry, which is investigating circumstances surrounding the murders of the two most senior officers of the Royal Ulster Constabulary—Harry Breen and Bob Buchanan—killed by the IRA in south Armagh. Sinn Fein agreed to assist the inquiry with its investigation, and designated two IRA members from south Armagh to meet lawyers representing the Smithwick inquiry. It was a farce. The two IRA members arrived at the meeting; lawyers were present, there was a discussion, and questions were asked. Each time a question was asked that might in some remote way have caused the IRA members to implicate any member of the IRA in any way whatsoever, they left the room, made a phone call, came back in and said, “We cannot answer that question.”

That was a private meeting with lawyers. It was not on the public record or in the public domain, yet even in those circumstances the IRA could not tell the truth about what happened and the circumstances surrounding the murder of the two most senior RUC officers to be killed in the troubles. What hope do we have of getting the truth from Irish republicans when their leadership, when called on to tell the truth, cannot do it, and when those members who have been designated by the leadership to tell the truth also refuse to do so? The problem for me is that when the state is called on to tell the truth, records are brought out, filing cabinets opened, and it is all laid bare.

[Ms Margaret Ritchie (South Down) (SDLP)]

I thank the right hon. Member for Lagan Valley (Mr Donaldson) for initiating this important debate on dealing with the past. Is he aware of the several hundreds of files lodged in a place in Derbyshire that have not yet been released to the Historical Enquiries Team? Those would bring great benefit to the Police Service of Northern Ireland in investigating many unsolved crimes.

--- Later in debate ---

[Mr Donaldson]

I thank the hon. Member for South Down (Ms Ritchie)—that beautiful part of Northern Ireland—for her intervention, but I think she would be better directing that question to the Secretary of State. Of course the state has a duty to co-operate, but the difficulty I have is that paramilitary organisations are not under any such duty to co-operate, and show no indication whatsoever of a willingness to co-operate in providing the truth. Through the Historical Enquiries Team, a number of cases have been reviewed. Have republicans come forward at any stage in that process to assist the families of those victims with information that might help them get to the truth? No, they have not in any case.

[Jim Shannon (Strangford) (DUP)]

For the record, there have been occasions when the authorities have inadvertently given evidence or information that they should not have given, thereby disclosing people who were involved in helping the security forces. On occasion evidence has been given that should not have been given, and compromised people who were helping the security forces.

[Mr Donaldson]

Indeed, and I am sure my hon. Friend will wish to elaborate on that important point in his remarks. The extent to which the state is co-operating, whether with an inquest, the police ombudsman, or through the Historical Enquiries Team, could potentially compromise the modus operandi of the security services, and others who are tasked with protecting the community, not only now but in the future.

Before drawing my remarks to a close I want to place on record some principles that I feel are important as we seek to address the legacy of the past in these talks with Richard Haass. The first principle is that victims have the right to justice and must continue to have that right. Last Monday, as part of the Haass process, I met a number of victims at Stormont. I want to quote the words of one young woman, whose brother I had the honour to serve with in the Ulster Defence Regiment. He was a young man called Alan Johnston from Kilkeel, my home town, and I served with him in the 3rd (County Down) Battalion, Ulster Defence Regiment. He was murdered one morning on his way to work with his lunchbox under his arm. He was a joiner and a part-time soldier, cut down by the IRA. His sister said this:

“A denial of justice would only serve to re-victimise the innocent victims.”

I agree with her. It would be wrong to deny victims the right to justice.

[Paul Goggins (Wythenshawe and Sale East) (Lab)]

I congratulate the right hon. Gentleman and his party on raising this important issue. He referred to his meeting with victims as part of the Haass process. Does he agree it is important that Dr Haass takes an inclusive approach to the process, and engages not just with the parties but also with victims and survivors?

[Mr Donaldson]

I commend the right hon. Gentleman on the excellent work he did in Northern Ireland when he was a Minister. He is right, and I assure him that Dr Haass is meeting a wide range of people—as is Meghan O’Sullivan—including the victims. Indeed, some of the victims we saw on Monday had already met Dr Haass. It is important that their voice is heard in this debate.

The second principle I want to be clear about is that there must be no amnesty for the perpetrators of terrorist violence. Thirdly, as I have already stated at length, the definition of a victim of the troubles in Northern Ireland should exclude those who were killed or injured as a result of engaging in an act of terrorism, or convicted of a terrorist-related offence. We hope that that will be taken forward either in this House, or through the Haass process. Fourthly, the glorification of terrorism should not be facilitated or allowed, and if the law needs to be strengthened in that regard, it should be strengthened. This is a free country and a democracy, and we are proud of freedom of speech, but there are times when we have to step in and say that what people say and how they behave is irresponsible, provocative and should stop.

The Democratic Unionist party is strongly opposed to the establishment of any kind of one-sided and unbalanced inquiry process. Any evidentiary process such as a truth commission will inevitably focus on the state, because the paramilitary organisations did not keep records or documents and, as I have stated, are unlikely to tell the truth. Such a process would create an unfair narrative of the past, in which the true perpetrators of the vast majority of the deaths and injuries—more than 90%—will seek to legitimise their actions. They would not be held to account or held responsible for what they have done.

The needs of the victims and survivors must be met as far as possible. Their loss and circumstances should be treated with respect and sensitivity. They deserve and need proper recognition. Victims should have the opportunity to tell their story without it having to be intertwined with the voices of the perpetrators. Innocent victims should be remembered through a significant act of remembrance and commemoration, and, potentially, through a significant regional memorial in Northern Ireland. That could take the form of a memorial garden to the innocent victims of terrorism.

In conclusion, the narrative of the past should reflect core values, including that terrorism was and is wrong, and that it is not a legitimate method of obtaining a political or other objective. The narrative must clearly reflect the fact that approximately 90% of the deaths were the result of terrorist actions, and that the majority of those were by republican groups, so we are very clear that we condemn murder on all sides.

All hon. Members have a responsibility to address the issues relating to our troubled past. The Government have a responsibility—I hope the Secretary of State tells us what role the Government will play—and the process cannot be down to the political parties in Northern Ireland. Equally, the Irish Government have a responsibility. Some of the atrocities were committed in the Irish Republic; some were committed by those acting from the territory of the Irish Republic. The Irish Government have questions to answer about the arming of the IRA in the early days of the troubles, their extradition policy, and their failure at times to co-operate fully with the RUC in a way that would have brought to justice those responsible for terrorist actions in Northern Ireland. The Irish Government therefore have a role and a responsibility in the process.

Finally, I pay tribute to those who have served this country and protected the community, whether they were in the Royal Ulster Constabulary or, as it is today, the Police Service of Northern Ireland; in the armed forces and the regiments that came faithfully to Northern Ireland to serve and protect the community, some of whom are current Members of the House; or in the Ulster Defence Regiment, the locally recruited regiment of the Army, and its successor, the Royal Irish Regiment.

It is worth reminding the House that the RUC was awarded the George cross by Her Majesty the Queen, as a recognition of the collective courage and dedication to duty of all who served in the RUC and accepted the danger and stress it brought to them and their families. The Ulster Defence Regiment and the Royal Irish Regiment were awarded the conspicuous gallantry cross by Her Majesty the Queen in recognition of their valour and sacrifice over the years in Northern Ireland. It pains me when I hear nationalist parties attacking the RUC, the UDR and the Royal Irish Regiment in the way they do—without any balance in their approach to the service that those men and women provided in protecting the community.

I trust that the House will support the motion.

--- Later in debate ---

[Dr McDonnell]

I could not agree more with the hon. Gentleman. All the difficulties have been resolved in Derry. Everything is now a celebration, and the contention surrounding the parades has gone. Derry’s month as UK City of Culture has been an outstanding success story. I congratulate the people of Derry, and, indeed, my hon. Friend the Member for Foyle (Mark Durkan), who represents them.

We in the SDLP seek from Dr Haass—in broad terms—a bigger and better agreement. We want an agreement that transcends the narrow issues of parades and flags, and addresses the past in an expansive way; an agreement that celebrates rather than denigrates the expression of culture, allegiance and political identity across the communities in Northern Ireland; an agreement that promotes healing and reconciliation, and enables us to grow up politically and develop mature politics in the atmosphere of growing mutual respect that was promised in the Good Friday agreement, after which—in 1998—the people voted for

“reconciliation, tolerance and mutual trust”

and for

“partnership, equality and mutual respect”.

Only a radical change of attitude all round that embraces the values and ambitions of that agreement will deliver the successful outcome that Northern Ireland needs so much. Surely, given ambition, flexibility and resolve, that much is not beyond our reach. We in the SDLP are up for the challenge posed by Dr Haass and Professor Meghan O’Sullivan.

In recent weeks—I put my hand up at this point, as indeed we all must, because we have all made mistakes and must now join others in making progress—we have sought to make our small contribution to the healing process by addressing an issue that has been raised in the House from time to time. Some months ago, our councillors in Newry voted to retain the name of a local play park that the council had named after an IRA hunger striker 10 years earlier. Our councillors genuinely believed that if the name were allowed to remain, a line would be drawn in the sand and no other public spaces would be similarly named in future. In local terms, perhaps, that was a pragmatic decision—it was, perhaps, understandable in terms of local government. Our representatives acted entirely in good faith. They reassured me, one and all, that it was neither in their thinking nor was it their intention to cause hurt or distress to anyone. I want now to reaffirm the SDLP’s position. Our position is that no public place or public space should be named after any person involved in state or paramilitary violence of any sort.

The issues addressed in the Haass process can be resolved only on the basis of mutual respect, equality and parity of esteem. The SDLP will not be found wanting in generosity or determination to bring about a comprehensive agreement that will be an example to divided communities everywhere. The atmosphere for these talks would be greatly improved, and Belfast traders would breathe a huge sigh of relief, if the loyalist flag protesters called off their planned demonstrations in the city in the run-up to Christmas and if the Orange Order agreed to call a halt to its continuing irresponsible protests at Ardoyne, which are resulting in a policing operation that the PSNI estimates is costing £50,000 a day—which amounts to £5 million over the period. That would have paid for 200 or more young teachers, 200 nurses and perhaps even 200 extra police that we so badly need

[Mr Donaldson]

The point the hon. Gentleman makes about the economy is an important one. Is it not therefore a matter of regret—this is not an issue for this House but it is nevertheless worth placing on the record—that yesterday the Minister for the Environment, who belongs to the SDLP, refused to move a Bill that could transform our planning system and help attract a lot more investment into Northern Ireland? Should not the SDLP act on its own words?

[Dr McDonnell]

At this point, may I welcome you, Madam Deputy Speaker, to your place and say what a privilege it is to speak in this Chamber under your chairmanship?

I will respond later to the comment that was just made, because it is a clear example of what is wrong, rather than what is right.

The past is a more intractable and complex issue than flags and parades and it casts a long shadow in Northern Ireland. By far the best and most coherent blueprint for tackling the past is the report of Lord Eames and Denis Bradley. The group jointly chaired by Lord Eames and Denis Bradley carried out an immense amount of work, publishing a report that ran to almost 200 pages and carried more than 30 main recommendations. It is unacceptable that such a balanced and carefully considered document should apparently be forgotten—gathering dust on a shelf somewhere—because of the controversy that attached to one of its recommendations in relation to ex gratia payments. The SDLP believes Eames-Bradley still has much to commend it. All would benefit from giving it the reconsideration it has well-earned and is due, while, of course, bringing additional ideas of their own to the table.

There are many among us who would wish to forget the past, but there are many victims out there whose lives have been wrecked and who cannot move on without closure.

Oral Answers to Questions

Jeffrey M Donaldson Excerpts

Wednesday 16th October 2013 Commons Chamber

[Mrs Villiers]

I know that the Northern Ireland Affairs Committee has a strong view on air passenger duty. I understand the concerns about competitiveness and the recent announcements by the Irish Government. The Government have not had a request from the Northern Ireland Executive to devolve short-haul APD. We would consider such a request seriously, but it would be an expensive change to make.

[Mr Jeffrey M. Donaldson (Lagan Valley) (DUP)]

The Secretary of State will join me in welcoming the visit to the House today by the Northern Ireland Assembly and Business Trust, an effective organisation that brings political and business leaders together. How does it strengthen the Northern Ireland economy to centralise jobs in the Driver and Vehicle Licensing Agency in Swansea, resulting in the loss of hundreds of jobs and millions of pounds from our local economy?

[Mrs Villiers]

The issue is a difficult one. The Government must look carefully at proposed efficiency measures. I know that the Under-Secretary of State for Transport, my hon. Friend the Member for Scarborough and Whitby (Mr Goodwill) is looking with care at the proposal, and I have had a lengthy conversation with him, as I did with his predecessor. He is very much aware of the issues, and I have made it plain that it is important to consider the onward economic impacts in Coleraine of the decision that he will be making in due course.

Northern Ireland

Jeffrey M Donaldson Excerpts

Tuesday 16th July 2013 Commons Chamber

[Mr Speaker]

Order. Before I call the right hon. Member for Lagan Valley (Mr Donaldson), I too wish a full and speedy recovery to the right hon. Member for Belfast North (Mr Dodds). I think I speak for colleagues in saying that we look forward to welcoming him back to his place before very long.

[Mr Jeffrey M. Donaldson (Lagan Valley) (DUP)]

Thank you for those kind words, Mr Speaker. I am sure that my right hon. Friend the Member for Belfast North (Mr Dodds) will have heard them as he recovers this afternoon. I also thank the Secretary of State, the Opposition spokesman, the Chairman of the Select Committee, the hon. Member for Tewkesbury (Mr Robertson), and all hon. Members who have spoken to me and my colleagues in recent days for their kind comments. I am confident that my right hon. Friend will be back with us before long.

We on this side of the House unequivocally condemn the violence that has occurred in recent days, and in the past, on the whole issue of parades. No violence can be justified in these circumstances. We stand firmly for the rule of law. Does the Secretary of State agree that it is important that the rule of law is applied fairly and impartially, and that whether it is a loyalist rioter or a Sinn Fein MLA obstructing the police in the course of their duty, the law must be applied equally, fairly and impartially?

We pay tribute to the police officers who have been injured and wish them a speedy recovery. We support the police, just as we support the rule of law. We do, however, have issues regarding the consistent lack of intervention by the police in the Short Strand area of east Belfast, where they have failed to protect people lawfully processing on the public highway. We need to examine why adequate protection is not afforded to those parading peacefully and lawfully. That is not, in any sense, to condone violence resulting from people being put under attack.

We have grave concerns about the operation of the Parades Commission. There is no doubt that the clear perception among many people in Northern Ireland is that the decision on the Ardoyne parade rewarded the violence of the previous year, to which the Secretary of State alluded in her remarks. That violence included dissident republicans opening fire on the police in the Ardoyne, and a huge of amount of petrol bombs and other devices being thrown at the police. We must not have a situation, in any circumstances, where violence is seen to be rewarded.

Finally, on the all-party working group, in which I have been asked to participate on behalf of my party, we are committed to finding ways forward on all of these contentious issues, including parades. However, may I say to the Secretary of State that if a shared future is to mean anything, it has to include shared space? If we have a situation in Northern Ireland where there are no-go areas, where one side of the community is not welcome, that is not a shared future and not shared space.

[Mrs Villiers]

I reiterate my sympathies to the right hon. Member for Belfast North, who was doing such brave work to try to look after his constituents and found himself the victim of unacceptable violence. Of course I agree with the right hon. Member for Lagan Valley (Mr Donaldson) that the rule of law should be applied impartially, and I am absolutely convinced that the PSNI does that. I note his comments on what he perceives as the handling of the Short Strand area. Again, I hope I can provide reassurance that proportionality and fairness is at the heart of everything the PSNI does, whether in Short Strand or elsewhere. I note his comments on the Parades Commission. As I said, I understand the concerns about its decision, and I know that the debate continues on the future of the Parades Commission. I think the way forward to resolve these problems is through local dialogue, but channelling efforts, enthusiasm and energy into looking at options for future reform through the Richard Haass working group is also an important way forward. I also agree that in a shared future we need shared space. We need to find a way to ensure that different traditions can be celebrated in an atmosphere of mutual respect and understanding.