Northern Ireland: On-the-Runs Scheme

Lord Rogan Excerpts

Tuesday 27th January 2015 Lords Chamber

[Lord Rogan (UUP)]

My Lords, will the Minister confirm that the letter to the suspect in the Gareth O’Connor case was delivered to him by Gerry Kelly? If this is so, why was Gerry Kelly used as the postman, and how did he know the name and address of the suspect? How many other OTR letters have been given to Kelly for delivery? Further, how many other OTR letters have been given to the IRA/Sinn Fein leaders, Gerry Adams and Martin McGuinness, for delivery?

[Baroness Randerson]

The noble Lord asked about the issues associated with the OTR administrative system in general. I can do no better than to refer him to the Hallett review, which set out in detail a description of the situation. This was a system set up under the previous Government. In so far as we are able, this Government have given the full information that we are aware of in relation to the Hallett review.

Hallett Review

Lord Rogan Excerpts

Thursday 17th July 2014 Lords Chamber

[Baroness Randerson]

My noble friend asked about the royal prerogative of mercy and the failure to keep lists. In fact the royal prerogative of mercy is not used only in relation to terrorism cases. It is used very much more widely and it was used much more frequently in the past. Legislation has changed and enables the justice system now to deal with issues such as early release from prison in a different manner. It has simply not been the custom to keep lists of this nature, and I would say that in regard to the Northern Ireland Office investigations, it is not the case that the problem related entirely to the time of the peace settlement and the time of devolution. It predates and goes well back into the last century.

My noble friend referred to poor administration and organisation. The report by Lady Justice Hallett is very clear about the areas of poor administration. The key point she makes is that it was a system that evolved and was not created. The Government acknowledge that as time went on and the scheme developed and grew, failure to take the opportunity to review, update or risk assess the scheme added to the problems of the scheme.

My noble friend asked whether the Government were thinking of withdrawing the letters because of the dangers of impairing prosecution. Lady Justice Hallett recommended that the Northern Ireland Office should seek legal advice in conjunction with the police and prosecuting authorities on what to do in cases where errors may have been made. That process is already under way. The Police Service of Northern Ireland is reviewing all the cases. Lady Justice Hallett makes clear that that review will be thorough and will take years rather than months. However, she made clear that the judgment in the Downey case stood on its own facts; it was a judgment in the first instance which should not be applied to any other examples, and was not binding in any other cases.

I think my noble friend did us all a great service in drawing our attention again to the victims in this, for whose families today will not be easy. It is important to remember the names of those who died: Lieutenant Anthony Daly, Trooper Simon Tipper, Lance Corporal Jeffrey Vernon Young and Squadron Quartermaster Corporal Major Roy Bright. It is important that, as we have these discussions here today, we hold them in our minds and thoughts.

[Lord Rogan (UUP)]

My Lords, I also welcome the Statement. As we read the Hallett review, I agree with the noble Baroness that we should never forget the innocent victims.

Unlike the noble Lord, Lord Alderdice, I will be critical. This has been a sorry debacle, which has given no credit to the Blair Government—or, indeed, the current Secretary of State for Northern Ireland. For many months now, it has undermined confidence in the rule of law. The people of Northern Ireland have seen that members of a specific terrorist organisation appear to have been given, at the very least, a letter of comfort that indicates that all is forgotten and they can come home to the United Kingdom in the knowledge that they will be free from prosecution and can live a life of comfort—unlike their victims. That clearly was the implication and interpretation given to the leadership of Sinn Fein/IRA, who requested these letters in the first instance.

Much has been said about transparency, or the lack of it, regarding this matter. I will ask the Minister a specific question. Can she inform the House why and when the Government of the Irish Republic were made aware of this scheme, and why the Northern Ireland Executive and parties in Westminster were not so informed?

[Baroness Randerson]

The noble Lord referred to the nature of the scheme, and for the absolute clarity of the House here today, I will repeat that this was not an amnesty and it was not intended to be an amnesty. Lady Justice Hallett is quite clear on that. The Downey judgment was the result of an error in an individual case that should not have occurred, not as a result of the general design of the scheme.

The noble Lord asked a specific question about the Irish Government. The Irish Government had been involved in discussions with the UK Government over the period of the peace process. They had been closely involved in discussions and, for that reason, they were aware of the scheme. I repeat that, of course, the devolved Executive of Northern Ireland should also have been consulted and informed, and should have known about it in an official format.

Northern Ireland

Lord Rogan Excerpts

Tuesday 16th July 2013 Lords Chamber

[Baroness Randerson]

The Parades Commission makes its decisions based on the evidence before it and according to the protocols it follows. As I have said, the Parades Commission is independent, it is at arm’s length from Government and it is the duly constituted authority undertaking an extraordinarily difficult, problematic task. It has to deal with that to the best of its understanding. I hope that noble Lords will accept that the work of the Parades Commission is very difficult indeed. I thank the noble Lord for his question.

[Lord Rogan]

My Lords, I, too, join in condemning the widespread violence, and in expressing my sympathy and support for the police officers of Northern Ireland. I should like to pay tribute to the valiant work of the Police Service of Northern Ireland over recent days and weeks. Its officers have shown their professionalism and personal courage in defending the rule of law and protecting society. I come from a police family. I have many relatives who served in the RUC. I personally served as a special constable for many years, and today, I have a son and daughter-in-law who stood on the streets of Belfast hour after hour over the past few days. So let us also recognise the support and the encouragement these officers receive from their families at home, wondering night by night in what condition their loved ones will return.

Since assuming office, the Secretary of State has been less than visible. The noble Lord, Lord Dubs, made a very interesting contribution. Can the Minister emphasise to the Secretary of State how crucial it is that she engage with, and be seen to engage with, the authorities in Northern Ireland to help alleviate the social, economic and cultural problems which contribute to the volatile situation in unionist working class areas?

[Baroness Randerson]

I thank the noble Lord for his moving tribute to the police. That tribute to their bravery, from first-hand experience, is very significant and says far more than anything that I could say standing here today.

The noble Lord referred to the significance of the leadership provided by the Secretary of State. It is important to remember that many of the levers that used to be within the hands of the Secretary of State no longer are, as policing and justice are devolved. However, the Secretary of State retains the ability to intervene if, following the determination of the Parades Commission, the chief constable of the PSNI had believed that he could not cope with the situation. However, he never felt that.

Perhaps I may make a very important point. The Secretary of State had the Justice Minister, the PSNI and the Parades Commission around the table for discussions prior to 12 July. Those were significant discussions and very important leadership was shown. The Secretary of State was there throughout the weekend and she is there on a very regular basis. There is no question of her lacking active engagement in this issue.

Northern Ireland

Lord Rogan Excerpts

Thursday 10th January 2013 Lords Chamber

[Baroness Randerson]

I thank the noble Lord for his comments, particularly those on the courage of the PSNI. The Government fully appreciate that there are complex issues behind these protests and that it is about more than just flags in many cases, not least about issues of deprivation. Ironically, the more unrest there is in Northern Ireland, the less likelihood there will be of further economic investment, so it becomes a real problem.

The noble Lord referred to the Assembly agreement, with which he was intimately involved, on the flying of flags. I believe that Lisburn city hall uses a similar method. There are a variety of agreements on the flying of flags. However, these decisions must be made in Northern Ireland. They are devolved, democratic decisions to be made in Northern Ireland and cannot be made by the UK Government.

We have to keep repeating the importance of democracy in relation to Northern Ireland. Democracy must be our watchword. I will of course take the noble Lord’s words to my right honourable friend the Secretary of State. It is important that your Lordships are fully involved and fully briefed where possible on issues relating to Northern Ireland. I will ensure that those comments are repeated to my right honourable friend.

Finally, the roles of the British Government and the Irish Government remain crucial in supporting and encouraging the Northern Ireland Executive but it would be counterproductive on many issues for the British Government to intervene on matters which are devolved and must remain devolved.

[Lord Rogan]

My Lords, I thank the Minister for repeating the Statement. I and my party condemn utterly the rioting and the violence and the threats and attacks against elected representatives. I again plead that these stop immediately. Rioting is wrong. It destroys the very position and arguments being put forward by the protestors. Furthermore, some 60-plus police officers who nightly are standing on the streets of Northern Ireland holding the line against violence have been injured. I join the Minister in praising and paying tribute to the bravery and the professionalism of the PSNI officers on the ground in these difficult days. If these riots should continue and escalate, as I fear they might, and the PSNI chief constable asks for further resources, be they financial or police personnel from the mainland, will these resources be readily available?

[Baroness Randerson]

I thank the noble Lord for his question. I wholeheartedly agree with his thoughts in terms of the fact that rioting destroys the arguments that the protestors purport to be making. The danger of escalation is very real and the situation is very serious. As far as I know, the chief constable has not asked for additional resources but the UK Government have always stood ready to provide what Northern Ireland needs for its security. I am aware that the chief constable will be assessing the impact of these nights of violence on his resources as the year progresses.

Northern Ireland: Recent Events

Lord Rogan Excerpts

Tuesday 11th December 2012 Lords Chamber

[Lord Kilclooney]

My Lords, I am a member of the Cross-Bench group.

[Lord Rogan]

I am a member of the Cross-Bench group.

[Lord Kilclooney]

He sits on the Cross-Bench group but he is not a member of our group.

[Lord Rogan]

My Lords, I, too, thank the Minister for repeating the Statement. Has she noticed that the Ulster Unionist Party has condemned in the strongest possible terms the harassment of and violence towards police officers and elected representatives? Anyone who engages in this illegal activity on our streets fails to understand the values that are encapsulated in the union flag. In doing what they did, they lose the very argument that they want to promote.

Does the Minister agree that it is not sufficient to condemn the violence? One must look at the underlying causes which triggered this violence. It is not just the removal of the union flag from Belfast City Hall where it had flown continuously since 1906. It is about a people who feel that bit by bit they are having their Britishness stripped away from them. It is also about a people who perceive themselves as becoming second-class citizens in their country. These are deeply held beliefs, whether they are real or imaginary. The Government must recognise them and begin to address them.

Police officers who were simply doing their duty of protecting the community under extremely difficult conditions have been subjected to outrageous attacks. Rather than being attacked, these officers deserve our thanks and support for standing between us and anarchy.

[Baroness Randerson]

I thank the noble Lord for his comments. He refers to the underlying causes. I would point out that culture changes and identity develops over a period of time. Indeed, the people of Northern Ireland have seen considerable development in their political culture in the past few years. I would also like to point out the association between the violence and the areas where there is social deprivation in Belfast in particular. That is why it is so tragic. Every time a picture on television of rioting in Northern Ireland crosses the world it does economic harm to Northern Ireland and hits its opportunity to develop a better world, particularly for its young people.