Parachute Regiment: Arrest Debate

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Department: Northern Ireland Office

Parachute Regiment: Arrest

Lord Coaker Excerpts
Wednesday 18th November 2015

(9 years, 1 month ago)

Commons Chamber
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Ben Wallace Portrait Mr Wallace
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I hear what my hon. Friend says. He has been a doughty and outspoken champion of not only the Parachute Regiment and his constituents, but Britain’s armed forces. This is not easy for me either; I know what it is like to make those decisions under pressure. But we should not forget that the British Army is not above the law, and nor should it be. That is the difference between us and the terrorist; it is what makes ours a professional Army around the world, admired by many, and sets it apart from some of those more tin-pot armed forces elsewhere in the world.

The House will have heard what my hon. Friend said about the use of the royal prerogative of mercy. What I will say to that is: I cannot comment on these individual cases, as they are obviously a matter for an ongoing police inquiry. It is long way from following a line of inquiry to charging and conviction in a court. I am sure the House will reflect on his call, but the Government cannot comment on this current case, and the police must be allowed to do their job and uphold the rule of law—the rule of law that I went as a soldier to uphold in my time in Northern Ireland.

Lord Coaker Portrait Vernon Coaker (Gedling) (Lab)
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It is only right and proper at this time to pay tribute to our armed forces, who are at this very moment engaged in defending our freedoms and are in harm’s way. They operate to the very highest standards, and we should always remember the difficult circumstances in which they serve and have served. Does the Minister therefore agree with me that it is always difficult to criticise our armed forces if they fall below these high standards, but we cannot and must not fail to do so if evidence of wrongdoing should exist?

The Saville inquiry of 2010 was clear, and this is what the Prime Minister said:

“there is no doubt; there is nothing equivocal; there are no ambiguities. What happened on Bloody Sunday was both unjustified and unjustifiable. It was wrong.”—[Official Report, 15 June 2010; Vol. 511, c. 739.]

He also apologised on behalf of the British Government. The whole report made very uncomfortable reading for all of us, and of course we must never forget the victims and families of those who were killed, both on Bloody Sunday and throughout Northern Ireland on so many other occasions. Can the Minister confirm, so we are all clear, that evidence given at the Saville inquiry is precluded from being used in any court proceedings against a particular individual? Can he confirm therefore that the arrest of Soldier J was based on evidence gathered by the PSNI since January 2014, which is when it announced a new investigation? The PSNI has said that there will be no further arrests until the results of a judicial review brought by other affected soldiers is concluded. When does he expect that will be? Will he also tell us what work the Northern Ireland Office has undertaken pending the outcome of that review?

Yesterday, we heard the welcome announcement of agreement on many important issues at Stormont, which came after weeks of exhaustive discussions. It was, however, not possible within that agreement for the parties to agree on how legacy issues and the past should be dealt with. Will the Minister outline what steps the Government intend to take to continue to pursue such an agreement? Does the case of Soldier J, and potentially others that we are discussing here today, not emphasise once again the need for a comprehensive process to deal with these issues and outstanding cases, however difficult this may be? The whole House will agree that the independence of the police and the judiciary is central to any democracy, but a process has to be sought and agreed, however difficult.

Northern Ireland is coming out of conflict. Huge progress has been made. The Northern Ireland of today is hugely different from that of yesterday. All of us who have visited it on a regular basis have seen that for ourselves. We have seen the desire to build for the future, and the hopes that everyone has for the new generation. When the Minister answers my questions about this difficult issue, will he also agree that the continuing and emerging issues from the past have to be dealt with as they cannot be denied? Let us also not forget how far we have come. All parties, all communities and the people of Northern Ireland deserve huge credit for that.

Ben Wallace Portrait Mr Wallace
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I thank the hon. Gentleman for his questions. On the important issue of testimony, it was established during the Saville inquiry that the testimony of anyone giving evidence to that inquiry could not be used either as a basis for conviction or indeed to incriminate themselves. That was done so that we could find out as much as possible about what happened on that fateful day. That principle still stands, and the protection of a person’s evidence is still an issue. However, it does not preclude other evidence that is gathered later. I cannot comment on the current police investigation. It would be wrong for me to interfere with the PSNI, or indeed inquire too deeply, as it must be left to follow the course of its investigation.

On the issue of legacy, I wish to place on the record my admiration for my right hon. Friend the Secretary of State, the Northern Ireland parties and the Irish Government who, over 150 meetings in the past nine-and-a-half weeks—75 bilateral meetings and more than 35 round table meetings—resolved the current impasse in Northern Ireland. They have decided that the best future is to move forward and not back. It is regrettable that that legacy has been left out of the final agreement in so far as legislation is concerned. However, the agreement signed yesterday continues to commit the parties to produce solutions to deal with the legacy; the victims of the Northern Ireland troubles will demand that. We, as the United Kingdom Government, have committed to provide the funding for that legacy inquiry to take place, and I hope that sooner rather than later, we get to a point where the policy we are examining in the Northern Ireland (Stormont House Agreement) Bill can be enacted so that, in the end, we can achieve not only justice for victims, but closure from the troubles.