Pat Finucane

Owen Paterson Excerpts

Wednesday 12th October 2011 Commons Chamber

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

With permission, I would like to make a statement. Following my statement to the House last November in relation to the murder of Mr Patrick Finucane, I have considered this case very carefully. I want to set out today how the Government intend to proceed.

The murder of Mr Finucane, a Belfast solicitor, in front of his family on 12 February 1989 was a terrible crime. There have been long-standing allegations of security force collusion in his murder. The former Metropolitan Police Commissioner Lord Stevens was asked to investigate the murder in 1999. He published his overview report in 2003, concluding that there was “collusion”, that the murder “could have been prevented” and that the original investigation of the murder

“should have resulted in the early arrest and detection of his killers.”

When he was asked by the previous Government to consider the question of a public inquiry, Judge Cory found in 2004

“strong evidence that collusive acts were committed by the Army…the RUC…and the Security Service.”

My right hon. Friend the Prime Minister invited the family to Downing street yesterday so that he could apologise to them in person and on behalf of the Government for state collusion in the murder of Patrick Finucane.

The Government accept the clear conclusions of Lord Stevens and Judge Cory that there was collusion. I want to reiterate the Government’s apology in the House today. The Government are deeply sorry for what happened. Despite the clear conclusions of previous investigations and reports, there is still only limited information in the public domain. That is why my right hon. Friend the Prime Minister and I have committed to establishing a further process to ensure that the truth is revealed. Accepting collusion is not sufficient in itself. The public now need to know the extent and nature of that collusion. I have, therefore, asked the distinguished former United Nations war crimes prosecutor Sir Desmond de Silva QC to conduct an independent review to produce a full public account of any state involvement in the murder.

Sir Desmond is an internationally respected QC who will carry out his work completely independently of Government. He has worked for the United Nations on major international issues in Serbia and Sierra Leone. In 2005, Kofi Annan appointed him to be chief prosecutor for the Special Court for Sierra Leone. In 2010, he was appointed by the United Nations Human Rights Council to the independent fact-finding mission to investigate the Israeli interception of a Gaza aid flotilla. His track record in carrying out this work speaks for itself.

Sir Desmond’s terms of reference are to draw

“from the extensive investigations that have already taken place, to produce a full public account of any involvement by the Army, the Royal Ulster Constabulary, the Security Service or other UK Government body in the murder of Patrick Finucane. The review will have full access to the Stevens archive and all Government papers, including any Ministry of Defence, Security Service, Home Office, Cabinet Office or Northern Ireland Office files that”

Sir Desmond believes

“are relevant.”

The account will be provided to me

“by December 2012, for the purpose of its publication.”

I have agreed the terms of reference with Sir Desmond, and I would stress that he is being given unrestricted access to these documents. He will be free to meet any individuals who can assist him in his task. It is, of course, open to him to invite or consider submissions as he sees fit.

The review will have the full support and co-operation of all Government Departments and agencies in carrying out its work. I have spoken to the Chief Constable, who has given his assurance that Sir Desmond will have the full co-operation of the Police Service of Northern Ireland. This Government have demonstrated in the Bloody Sunday, Billy Wright and Rosemary Nelson cases that we will publish independent reports without delay. The same checking and publication arrangements will be put in place.

This has been an exceptionally long-running issue. The previous Government sought to resolve the issue after the 2004 commitment to hold an inquiry but were unable to reach an agreed way forward with the family. I am disappointed that the family did not feel able to support the process that my right hon. Friend the Prime Minister and I outlined to them yesterday. I fully recognise that the family have pursued their long campaign to find out the truth with great determination. We do not need a statutory inquiry to tell us that there was collusion. We accept that, and my apology in the House today reflects this. The task now is to uncover the details of this murder. The public should not be kept waiting for many more years for the truth to be revealed.

The Government have taken a bold step by asking an internationally respected figure to produce a full public account. Details in papers and statements that have been kept secret for decades will finally be exposed. The House will be aware of the extensive investigations that have already taken place in this case. I am clear that we do not need to repeat all the work that Lord Stevens has already carried out for the truth to be revealed. The investigations into the murder of Patrick Finucane have produced a huge amount of material. One man, Kenneth Barrett, was prosecuted and convicted of the murder in 2004. Taken together, the Stevens investigations took 9,256 witness statements. The Stevens documentary archive extends to more than 1 million pages; 16,194 exhibits were seized. This was one of the largest police investigations in UK history.

Lord Stevens carried out a police investigation to bring forward evidence for prosecutions. A 19-page summary report was produced in 2003, but the Stevens investigation was not designed to provide a public account of what happened. That is why Sir Desmond de Silva will now have full access to the Stevens files and all Government papers to ensure that the full facts are finally set out. The House will not want to pre-empt the details of Sir Desmond’s report. When the report is published, the Government will not hide from the truth, however difficult.

I strongly believe that this will be the quickest and most effective way of getting to the truth. Experience has shown that public inquiries into the events of the troubles take many years and can be subject to prolonged litigation, which delays the truth emerging. As my right hon. Friend the Prime Minister and I have made clear for some time, we do not believe that more costly and open-ended inquiries are the right way to deal with Northern Ireland’s past.

I am acutely conscious that the conflict in Northern Ireland saw over 3,500 people from all parts of the community killed and tens of thousands more injured. We should never forget the many terrible atrocities that took place. More than 1,000 of those killed were members of the security forces. I want to be clear that the overwhelming majority of those who served in the security forces in Northern Ireland did so with outstanding courage, professionalism and even-handedness in upholding democracy and the rule of law. The whole House will agree that we owe them an enormous debt of gratitude.

The murder of Patrick Finucane has been one of the longest-running and most contentious issues in Northern Ireland’s recent history. The appointment of an internationally respected and wholly independent figure to produce a full public account demonstrates the Government’s determination that the truth about this murder should be finally revealed. The House will recognise the spirit of openness and frankness with which we are dealing with this difficult issue. I would encourage everyone to judge the process we have established by its results. I commend this statement to the House.

[Vernon Coaker (Gedling) (Lab)]

May I first thank the Secretary of State for early sight of his statement and for the welcome that he has on many occasions extended to me in my new post? I greatly appreciate it, as I do the welcome I have received from many others, too. I am delighted to have been appointed the shadow Secretary of State for Northern Ireland and I look forward to working in a bipartisan way with the Secretary of State whenever possible, as well as to working closely with the Northern Ireland Executive, and all their parties and representatives. I will, however, hold the Government to account and challenge them, where necessary.

Every community in Northern Ireland has suffered outrages, atrocities and murders, but today we are reflecting on the murder of Pat Finucane. His wife was wounded in the attack and his three children witnessed what no child ever should—the murder of their father.

Thirteen months ago, my right hon. Friend the Member for St Helens South and Whiston (Mr Woodward), to whom I pay tribute today for all the work he did in Northern Ireland, asked the Secretary of State to honour the commitments of a previous Prime Minister and previous Secretaries of State to hold an inquiry into the murder of Pat Finucane. That commitment was made as a result of an agreement between the British and Irish Governments at Weston Park in 2001. If peace and reconciliation are to be taken forward, we need to respect such agreements. The progress that has been made in Northern Ireland is built on trust. As we have heard from Judge Cory’s report, public inquiries have been held into the cases of Robert Hamill, Rosemary Nelson and Billy Wright, but not into that of Pat Finucane.

It was a source of great regret to us, as the last Government, that we were not able to agree terms of reference with the Finucane family for an inquiry to take place under the Inquiries Act 2005, but today the Secretary of State has told us of his decision that there will no inquiry at all. Instead the Government have announced an inadequate review, although the whole country will welcome the apology. We are disappointed by that decision, and think that the Secretary of State should honour commitments that have been made.

The incredible scenes yesterday of the Finucane family at Downing street expressing their feelings of anger and outrage at having been completely let down by the Government show that this is no way in which to deal with such a difficult and sensitive issue. Will the Secretary of State tell us why he allowed the Finucane family to believe for so long that an inquiry would be offered to them? What discussions did he have with them before informing them of his decision? What advice did he give the Prime Minister that led the Prime Minister to invite the family to Downing street? They clearly believed that they would be offered something that would be acceptable to them; otherwise, why raise false hopes? What discussions had the Secretary of State had with his counterpart in the Irish Government before he made his decision?

Why, on the day on which the Irish Government extended by six months the Smithwick inquiry into the murders of Chief Superintendent Breen and Superintendent Buchanan regarding alleged Garda collusion, did the Secretary of State choose to deny an inquiry to the Finucane family? Does he accept that, while any form of inquiry takes time and carries a financial cost, it is possible for such inquiries to be both reasonable and not, in themselves, a barrier to the pursuit of justice? As for the proposed review of the Finucane papers, will he tell us how representations—including any from the family—can be made, what the expected cost of such a review will be, where the hearings will be held, whether any will be held in secret, and whether witnesses will be called?

Everything that has been achieved in Northern Ireland since the mid-1990s has been achieved with consensus. The Belfast, St Andrews and Hillsborough Castle agreements were all achieved by means of consensus. The Northern Ireland Executive operate by consensus. There are many horrors from the past, many atrocities, many outrages on the part of both loyalist and republican terrorists, but there is an opportunity for Northern Ireland to escape the grip of the past by confronting the truth about past events. Will the Secretary of State therefore tell us what the Government’s policy is for dealing with the past? Having denied a public inquiry into the death of Pat Finucane, will he tell us what additional resources he will provide for the Historical Enquiries Team?

The people of Northern Ireland have made real progress, but we must never take such progress for granted. It has taken real effort, commitment and trust. I agree with the Prime Minister: let us do the right thing. May I ask the Secretary of State to think again about an inquiry into the murder of Pat Finucane because it is the right thing to do? Seeking the truth and honouring agreements means that the cause of justice is served, and with it the cause of a better future for Northern Ireland.

[Mr Paterson]

Let me begin by congratulating the hon. Member for Gedling (Vernon Coaker) on his appointment to a difficult and important position. I warmly welcome his view that we should approach Northern Ireland issues in a bipartisan manner. He is sitting next to the right hon. Member for Neath (Mr Hain). The right hon. Gentleman, the right hon. Member for Torfaen (Paul Murphy) and the right hon. Member for St Helens South and Whiston (Mr Woodward)—who are also present—all played a distinguished part in bringing Northern Ireland to where it is now, continuing work which, in fairness, began under Sir John Major, whose role is often forgotten. I very much hope that we shall continue to work closely with one another. We met privately on Monday, and we have talked today. My door is always open, and I hope that we shall discuss these matters together.

The hon. Gentleman asked about the chronology. I wrote to the Finucane family within weeks—on 28 June last year—asking to meet them. I met Mrs Finucane in November last year, and I think I was the first Secretary of State to meet her since the right hon. Member for Neath met her in 2006. I said then that we had inherited an impasse. We entirely respected the position of the Labour Government, who had committed themselves to a public inquiry, but the right hon. Member for Torfaen had introduced the Inquiries Act 2005, and there appeared to be a jam. We wanted to unlock that jam, and we went into the process in a genuinely open-minded way.

On 11 November last year I issued a written ministerial statement, which the hon. Gentleman will have read, setting out various criteria against which we would make a judgment and inviting representations. It was a very open process, and we took representations. We were still in discussion with the family at the end of the two months, and we extended the period for a further two months. Until yesterday, I last saw Mrs Finucane in Washington on St Patrick’s day. I gave her an assurance that we wanted to come to a conclusion and resolve the impasse, but we could not do so during the Assembly election period. I promised that that would happen soon after.

It has taken longer, however. This has not been an easy issue to resolve, but what we have done is incredibly bold. We believe that by inviting the family to Downing street so that the Prime Minister can make an apology in person, we have moved the whole argument on.

The original justification for a public inquiry was, bluntly, to put the British Government on the spot and to prove that collusion had happened. We have accepted Stevens and Cory, and by making this bold apology—the Prime Minister made it in a full and frank manner, and I have repeated it today on the Floor of the House—we believe we have created an opportunity to move the argument on.

The question now is how do we get to the truth. That was clearly stated towards the end of today’s Prime Minister’s questions. As we have made clear in the build-up to this statement, we firmly believe that costly open-ended inquiries are not necessarily the best way to get to the truth. Speed is also an issue. Past inquiries have taken a long time. The hon. Member for Gedling mentioned Smithwick. That offers a classic example of the trouble we can get into with an inquiry. It had to be extended. The new Government tried to get an interim report in June and to limit the process to November, but it looks as though they will have to extend that.

What we have done is radical and bold. We have made a full apology, and we now have an opportunity to put in place a new process. There are 1 million documents and there will be more than 9,000 witness statements. That is where the truth lies, and we want to get the truth out. I hope that, on reflection, the hon. Gentleman will come round to agreeing that our approach is novel, bold and brave. It will cost approximately £1.5 million. The main offices will be in London, but obviously that is up to Sir Desmond, and he will certainly be visiting Belfast.

I met Sir Desmond this morning. I have appointed him, and his letter of appointment will be in the Library. He is very keen to get going and to meet the family. How he relates to the family and others is entirely up to him. He can invite people to attend. He does not have the power to demand that witnesses attend, but he will have powers—real powers, I hope—to get access to a huge archive of data. That is where the truth lies—we know the truth is in there—and we now all have an interest in getting to the truth.

The hon. Gentleman also asked about the past. As he knows, that is, sadly, a fraught issue. The Minister of State and I have been holding talks since we came into office last June; we have talked to all the political parties and to numerous interest groups. I know about the debate in the Assembly this week. Sadly, as the hon. Gentleman will find out when he goes there on Thursday, there is no consensus on the past. He mentioned the Historical Enquiries Team, which is looking into 3,268 deaths. We are very supportive of it and have always supported it, and we know that it is giving extraordinarily high levels of satisfaction to the families who have so far received reports, but oversight of it is a devolved responsibility, so the hon. Gentleman should discuss funding issues with the Northern Ireland Justice Minister, David Ford.

The Government in Westminster do not own the past. The solution to the past lies very much in the hands of local politicians. We will help to facilitate things, however. I will continue our talks and I will make further statements on our approach soon.

[Mr Laurence Robertson (Tewkesbury) (Con)]

I thank the Secretary of State for providing me with early sight of the statement, and I agree with him that accepting that there was collusion is not in itself enough, and that we need to get to the truth of who did what. If that is established, will he confirm that any necessary prosecutions will go ahead? Although it is totally right that we praise the quality of the people who served in the security forces in the past and the outstanding way in which they carry out their work now, we must find out the truth in order to protect the image of those people, who deservedly have a high reputation.

I do not believe that it was necessary to spend so much money on past inquiries. It was the Prime Minister’s response to the Saville inquiry that satisfied people in Northern Ireland. Since then, we have had inquiries that were, perhaps, expensive and that did not reach the truth. I therefore support the Secretary of State’s decision and agree that what is important is not how we get to the truth, but actually getting to the truth.

[Mr Paterson]

I am grateful to the Select Committee Chairman for his support for what we propose to do. Decisions on prosecutions are entirely in the hands of the local Director of Public Prosecutions, so if this review reveals information that justifies the DPP taking action, that is entirely down to him. As I am sure the Chairman knows, on seeing the Stevens papers the previous DPP found that not enough cases met the threshold requirements. I entirely endorse the Chairman’s comments on getting to the truth so that we can honour the vast majority of those who worked in the security forces, bravely defending law and order and democracy. That is exactly what we want to do. There is no offence of collusion, so we need to get to the detail, and I am confident Sir Desmond will do so.

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

I thank the Secretary of State for his statement. He said: “The public now need to know the extent and nature of that collusion” and the “task now is to uncover the details of this murder.” How can that possibly be achieved when Sir Desmond cannot compel witnesses to give evidence to his inquiry—which is not really an inquiry? That has created grave disappointment in Northern Ireland. I ask the Secretary of State to review yesterday’s decision and to establish an independent public inquiry that will empower witnesses to give evidence about the true nature and extent of collusion.

[Mr Paterson]

I am grateful to the hon. Lady for her question. However, the simple answer to it is no; we are cracking on. We think we have found a solution to the conundrum that was not resolved by the last Government. They had the clear policy of holding a public inquiry, but that was not acceptable under the 2005 Act. We think that through our bold measure of a public and personal apology to the family and going ahead with a review of this huge archive—1 million pages, 9,000-plus witness statements, 16,000 exhibits—we will get to the truth. We strongly believe that this is the right course of action, and that we can then move on from this impasse, which we must do because the situation has been festering.

[Stephen Lloyd (Eastbourne) (LD)]

I welcome the Secretary of State’s announcement and share his view that the independent review should be conducted by such an honourable, experienced and reputable figure as Sir Desmond de Silva; I believe this is the right way forward. I also appreciate the Secretary of State’s commitment that all arms of the Government will offer unrestricted access to Sir Desmond. The murder of Patrick Finucane was a desperate and despicable act and I applaud the Government’s determination to get to the truth. Finally, may I ask the Secretary of State to keep the House informed of the progress of Sir Desmond’s investigation?

[Mr Paterson]

I welcome the hon. Gentleman’s comments. Sir Desmond is an independent figure, and it is not for us to interfere in any way in how he conducts the review and the manner in which he proceeds. We have to get the message across that he is an independent figure, and a man of extraordinary integrity and international standing. He is not going to take any advice or accept any interference from the Government. That is not his role. We have appointed him, he is independent, and it is up to him to report back to us in December 2012.

[Mr Shaun Woodward (St Helens South and Whiston) (Lab)]

I have no doubt that the Secretary of State means well, but I think he is wrong. The inquiry was set up by Tony Blair as part of the peace process, and in breaking the promise that we gave, we are damaging the very foundations of that process. The independent inquiry was fair to everyone; it was fair to the family and the soldiers.

Let me set out my fear. The Secretary of State has said today that he has reached a verdict: there was state collusion. No account has been given of the process by which that verdict has now been reached, however, and we do not know collusion by whom or collusion about what. In this process, we must be fair to the armed forces: we must be fair to those soldiers and members of the police who may need legal representation now. What are they meant to do? Will the Secretary of State guarantee that any men and women who may face prosecution in the future because of his verdict today will be able to have a fair trial?

[Mr Paterson]

I am sorry that the right hon. Gentleman has not supported what we have done. I pay tribute to his work as Secretary of State. He managed to pull off the great coup of seeing the final plank of devolution put in place. Getting the devolution of policing and justice was not an easy task. We worked together, supporting him strongly at the time, and it was a considerable achievement. The House should recognise that and be grateful.

Obviously, given the right hon. Gentleman’s knowledge, I am disappointed by his comments. I do not wish to make a tiresome point, but I did write to Mrs Finucane and met her—he did not. He had three years to resolve this and did not do so. We talked about it privately and we both know how extraordinarily difficult the conundrum was. He stuck to the line, which we have heard again from his successor—it is totally understandable and coherent—that a public inquiry was offered, under the Inquiries Act 2005. We inherited a logjam; I really felt that this issue was festering. People must get hold of the boldness of what we have done. The Prime Minister has invited the family in to apologise in person. We are going to have a really thorough review. Sir Desmond is not a patsy; he is a man of extraordinary integrity and international repute. I fear that the report may be very difficult for us, but we will come to the House, as we did with Saville, with Nelson and with Wright, and make appropriate comments.

The right hon. Gentleman mentions individuals. Stevens, after probably the longest criminal investigation in British history, said clearly in his report:

“I have uncovered enough evidence to lead me to believe that”—

the murder—

of Patrick Finucane…could have been prevented.”

He continued:

“I conclude there was collusion in”—

the murder—

“and the circumstances surrounding”

it. The problem is that there is no offence of collusion, which is why we have appointed Sir Desmond. As I said in answer to a previous question, should evidence come forward that, in the opinion of the DPP, goes over the threshold, the legal process will take its course.

[Sir Peter Bottomley (Worthing West) (Con)]

This widespread though not unanimous support for the statement by the Secretary of State and the Prime Minister has been seen before when other Prime Ministers and Secretaries of State have taken initiatives to break logjams. I put it to the Secretary of State that getting to the truth is an important part of coming to terms with history. May I end by saying that we should respect and support lawyers, journalists and families who stand by those who are victims or potential victims, those who are accused and even those who have been convicted, because representing the unpopular and the marginal is an important part of an open and democratic society?

[Mr Paterson]

I welcome my hon. Friend’s comments. He served as a Northern Ireland Minister and is aware of the sensitivities of issues in Northern Ireland. He is absolutely right to say that lawyers and politicians who stand up for unpopular, controversial views have every right to speak and every right to life. That is why this murder is shocking, and it is why we want to get to the truth and find out what happened.

[Mr Nigel Dodds (Belfast North) (DUP)]

I begin by welcoming the hon. Member for Gedling (Vernon Coaker) to his post as shadow Secretary of State, and I look forward to working with him. He has good experience of Northern Ireland and I am sure that we will have useful exchanges in the weeks and months ahead.

I welcome what the Secretary of State has said today in the House. The murder of Pat Finucane in my constituency was an atrocious, terrible, despicable crime. Every person involved, either in carrying out that murder or complicit in it, deserves to be brought to justice—let there be no mistake and equivalence on this issue. Does the Secretary of State accept that across Northern Ireland reasonable people on all sides agree that the idea of more costly, open-ended inquiries into such crimes is simply not reasonable, not least on the grounds of expense, but also because it has been proved that they do not bring closure and elevate certain crimes above others? He has already referred to the fact that more than 3,000 people have been murdered, 1,000 of them in the security forces. We owe it to all the victims to ensure that all murders are investigated, that their relatives are equally cherished and that there is justice for everyone. In going forward, an absolute assurance must be given for those who have died that the interests of terrorists and those who carried out terrorism are not elevated to the same status as those who protected communities and who were totally innocent.

[Mr Paterson]

I am grateful to the right hon. Gentleman for his comments and for welcoming our proposals, and I admired his wholehearted denunciation of this terrible crime. I agree with him; I think that the approach of the Historical Enquiries Team is correct. It is treating every one of these appalling deaths—3,268 deaths is a dreadful number—in an equal manner. In some cases, its attempts meet with great difficulty, as there is limited evidence—limited forensics, no DNA and so on. I admire the consistent record of satisfaction that the HET has given to the families who have received reports so far.

[Tony Baldry (Banbury) (Con)]

I commend my right hon. Friend’s selection of Sir Desmond de Silva for the task. Sir Desmond is an outstanding international lawyer. He prosecuted war crimes in Sierra Leone in very difficult circumstances, and it is worth the House recalling that he managed to indict Charles Taylor for war crimes, establishing for the first time under international law that Heads of State did not have immunity from prosecution for war crimes. Sir Desmond is a fearless lawyer. May I ask my right hon. Friend for some clarification? Will Sir Desmond be treated by the machinery of government, and by everyone involved, with the courtesy that would be extended to a High Court judge? What exactly are his powers?

[Mr Paterson]

I am grateful to my hon. Friend for his welcome of Sir Desmond’s appointment and I wholly endorse the description of him as fearless. The House perhaps does not know that as a young barrister, aged 28, Sir Desmond represented 16 individuals facing death at the gallows, and that he saw off several assassination attempts and the 16 people were acquitted. He is someone of real international integrity and repute. I did say that I would place his letter of appointment in the Library, and it is for a distinguished lawyer such as my hon. Friend to decide whether the powers are similar to those of judges or other lawyers. The Government have said that we will make available all the papers that Sir Desmond wishes to see, and I do not think that I can make a more open or clear statement than that.

[Paul Murphy (Torfaen) (Lab)]

In 2004, I announced the inquiries into the deaths of Nelson, Billy Wright and Hamill, and in September of that year I also announced an inquiry into the Pat Finucane case. It seems to me that we were under an obligation to do that because of agreements that had been held, and anything that falls short of that obviously will not get the support of the Finucane family. They did not support the idea of an inquiry under the 2005 legislation, but they certainly will not support this so-called “inquiry”. However distinguished the lawyer, it simply is not going to work. I urge the Secretary of State to think again.

[Mr Paterson]

I am grateful to the right hon. Gentleman for his question. I pay tribute, again, to his distinguished work in Northern Ireland, but I would remind him of the position that I just described to one of his successors, the right hon. Member for St Helens South and Whiston (Mr Woodward). We were facing an impasse. We fully respected what he had done and the reasons for introducing the 2005 Act, following the Saville inquiry, which was getting out of control—everyone understood that. We understood the commitment he made at Weston Park, but this was going nowhere. It is no good having a Mexican stand-off, with things going nowhere, because we want to move Northern Ireland on. This is an extraordinarily fraught and difficult case. I think that we have been very bold and courageous in making this apology—a full, frank apology to the family, given face to face with the Prime Minister of the United Kingdom in Downing street—and then working with the family to establish the truth.

[Kris Hopkins (Keighley) (Con)]

I welcome the Secretary of State’s statement and the leadership offered by the Prime Minister, as well as his bold apology. I think it is absolutely right that we do that. I offer my sympathies to the Finucane family, as I do to the 3,500 other families out there who lost loved ones in a tragic period of the history of these islands. The truth is important, but I have a school in Ilkley that needs to be rebuilt, and after the obscene amount of money that has been spent on previous inquiries, I say to the Secretary of State that I would rather see taxpayers’ money spent there than on filling the pockets of lawyers in Belfast. Does he agree with me?

--- Later in debate ---

[Mr Paterson]

I thank my hon. Friend for his question and pay tribute to him as someone who served in the armed forces in Northern Ireland at a very difficult time, trying to maintain the peace and to preserve law and order and democracy. He and I, as Conservatives, were elected on a platform of no more costly and open-ended inquiries and we are quite clear about that. I am more concerned, however, about the effectiveness of the inquiries. My worry, having met Mrs Finucane, is the time they take and the complication that they cause. I believe that our solution will get to the truth quicker than a public inquiry would have done.

[Mark Durkan (Foyle) (SDLP)]

We all feel for Geraldine Finucane and her family today after what they found to be a pretty insulting and insensitive experience yesterday with the let-down in Downing street. We also feel for all the victims of the troubles, many of whom still deserve truth and not just from the state. Will the Secretary of State explain how the Finucane family clearly had a different understanding or impression of what was going to be offered yesterday? Will he also explain whether the Irish Government were fully briefed as the full partners of the Weston Park commitments on what was afoot and what was to unfold? Will the Secretary of State stop patronising the family and this House by talking about a bold move to resolve an impasse, because all he has done is bypass the case for an inquiry by setting up a twilight-zone review that will not be able to compel witnesses?

[Mr Paterson]

I resent that statement. I wrote to Mrs Finucane on 28 June, three weeks after we came to power, inviting her in. Unlike my predecessor, I had a meeting with her and her son and we set out very clearly in a written statement, which the hon. Gentleman saw on 11 November 2010, the criteria against which we could make a decision. It is most unfortunate—and we were genuinely very disappointed yesterday at the reaction, because we have looked at all sorts of options and we have been working on this. We made it clear—[Interruption.] We made it clear in our statement to the House that there was a range of criteria against which we would make a decision, bearing in mind the commitments and the position of the family. We talked about delays, we mentioned the political developments that have happened since in Northern Ireland. A whole range of criteria were very clearly laid out in a transparent manner in a written ministerial statement and at no stage did we give them any misleading information about where our decision was going. There has been nothing said in public.

I am in regular contact with the Irish Government. I was in Dublin last week, where I saw the Tanaiste, and the Prime Minister spoke to the Taoiseach yesterday. I spoke to the Tanaiste twice, I spoke to the Minister for Justice and Equality and I am in regular contact with the Irish ambassador. We are in regular contact and they knew that we were getting nearer a solution, but it is an incredibly sensitive subject and we made it quite clear to everyone that we had to talk to the family first.

[Gavin Williamson (South Staffordshire) (Con)]

I welcome my right hon. Friend’s statement. Will he confirm that all the material and all the conclusions of Sir Desmond’s report will be made fully available to this House and the public regardless of how embarrassing that might be to Her Majesty’s Government?

--- Later in debate ---

[Mr Paterson]

I am grateful to my hon. Friend for that question. We are absolutely clear. We have been quite open about previous reports—Saville, Nelson, Billy Wright. They were uncomfortable, difficult reports but we came straight to the House of Commons as soon as we could and made a statement. We intend to do that, whatever Sir Desmond uncovers.

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

As others have said, the path to peace in Northern Ireland has been based on a willingness to negotiate and to honour agreements. I regret, as others do, the fact that the Finucane family would not accept a public inquiry under the Inquiries Act, but does the Secretary of State not accept—I say this not to score points, but as a genuine supporter of the peace process in Northern Ireland—that there is a real risk that public confidence in the Government’s good faith will have been undermined by this decision and that cracking on, as he put it, is not always the best way in Northern Ireland? What I learned there was that it is never too late, and I urge him again to reconsider.

[Mr Paterson]

I thank the right hon. Gentleman for that question and give credit to him for the work he did in his years as Minister with responsibility for security in Northern Ireland. We remain in touch—we even saw each other at the Conservative party conference last week, which he might be embarrassed to have on the record—and I am sorry that he does not agree. We had a problem. It was no good saying that we had inherited the Labour position of offering an inquiry under the Inquiries Act, which the family would not accept. We had to do something. We had to look at a way of resolving the issue, as we want to move on. I made it very clear to Mrs Finucane when I met her that we wanted to find a solution. Our solution was not to carry on with the impasse but to be imaginative. As I have said, I think our solution is bold and brave. I have great confidence that Sir Desmond will get to the truth and that we will come back here in December 2012 with a very robust report that will help move Northern Ireland on. It is not satisfactory that we do not know what happened in this case.

[Several hon. Members]

rose—

[Mel Stride (Central Devon) (Con)]

Thank you, Mr Speaker. I shall indeed be brief. I welcome my right hon. Friend’s statement, not least his reiteration of the apology to the Finucane family for collusion. Will he confirm that although we will not be seeking uncosted and open inquiries in the future, sufficient resources, as deemed by Sir Desmond, will be made available to enable a full and serious review?

[Mr Paterson]

We have discussed things with Sir Desmond and we are confident that we will provide adequate resources to enable him to complete his task by December 2012.

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

I first pay tribute to the hundreds of thousands of security forces who served in Northern Ireland with great professionalism and bravery. Last week, my family received the review summary report on the brutal murder of my loved ones, Robert and Rachel McLernon, on 7 February 1976. We are studying that at this present time. Does the Secretary of State agree with me that all innocent victims of violence—including those at Darkley, Teebane, La Mon and so on—have a right to justice rather than our yielding to the endless demands of a select few?

[Mr Paterson]

I am grateful to the hon. Gentleman for his question and I wholly endorse his comments on those who served. I have already said in previous responses that I admire the work of the Historical Enquiries Team, which treats every one of these victims the same and does its very best under difficult circumstances and sometimes, tragically, with limited evidence, to get as near as it can to the truth.

[John Healey (Wentworth and Dearne) (Lab)]

Does the Secretary of State accept that the Government might have got this badly wrong? Will he also concede today that it was a crass misjudgment to invite the Finucane family across yesterday, raising hopes and expectations, only to tell them that the pledge of a proper public inquiry had been withdrawn? So that the House can be clear about the responsibility, was the misjudged decision his or the Prime Minister’s?

[Mr Paterson]

I regret the tone of that question. Sadly, the right hon. Gentleman has completely missed the point. We came in and inherited an impasse—I do not want to vex you, Mr Speaker, by repeating this. The previous Government, whom the right hon. Gentleman supported, was going nowhere on this and we had to break the logjam. I made the approach, I met the family, I put out the written statement and I discussed this with the Prime Minister. We are a collegiate Government and we worked this out together, but it was the Prime Minister’s personal apology in Downing street that was a very bold gesture to move this on.

[Mr Speaker]

I am pleased to tell the Secretary of State that I am not vexed.

[Dr Alasdair McDonnell (Belfast South) (SDLP)]

Does the Secretary of State accept that cracking on in the wrong direction may not be the right thing to do and that this tragic case has roots that lead right back to this House and a previous Government? A Home Office Minister in this House pointed the finger at lawyers a few days before Pat Finucane was murdered and that was sufficient endorsement for a few people—elements in the police and security forces—to send out lunatics in the loyalist paramilitaries to plan the murder of three lawyers, two of whom, now deceased, were friends of mine. The dogs in the street knew this at the time. In doing that, disrepute was brought on hon. Members across the House and those elsewhere who were members of the security forces and of the Royal Ulster Constabulary.

We now accept that there was collusion. May I ask the Secretary of State whether the proposed review will confine itself to the narrow details of the murder of Pat Finucane, or will it include investigations into the wider collusion and plotting to kill those other lawyers? Does he know of the destruction of any papers? He will be aware that papers are brought in. I am concerned that Sir Desmond, who is a very honourable and highly reputable man, does not have the power to summon people and papers; his teeth have been removed and many of the papers have been taken out.

[Mr Paterson]

I am not sure whether the hon. Gentleman was present when I read out the terms of reference, but they are very clear that the review is to draw on the extensive investigations that have already taken place—I have listed the organisations—into the murder of Pat Finucane. That is quite clear.

[Mr Tom Watson (West Bromwich East) (Lab)]

The former intelligence officer and private investigator Philip Campbell Smith has admitted to hacking the computer of another intelligence officer on behalf of Alex Marunchak of News International. Campbell Smith was arrested for witness intimidation of the very same intelligence officer, who was supposedly the only officer from the intelligence community co-operating with the Stevens inquiry into the death of Pat Finucane. It is alleged that when he was interviewed by the police he admitted that a special branch officer working on the Stevens investigation gave that personal information. I welcome the Secretary of State’s commitment to allowing Sir Desmond access, presumably, to the police statement that was given, but if Sir Desmond wants to interview that special branch officer and that officer refuses, what powers will Sir Desmond have to get to the truth?

[Mr Paterson]

I am grateful for that question, and the hon. Gentleman has made some interesting comments. These are issues for Sir Desmond to resolve, but we believe that he will find the truth in the 9,000 statements taken under caution. We should not be under any illusion that some of the previous public inquiries got all witnesses to come forward. Indeed, the hon. Member for North Antrim (Ian Paisley) did not turn up to an inquiry and was fined £5,000 because, on a point of principle, he did not want to give information. We need to get away from the idea that a public inquiry will always bring witnesses forward and will always be more effective. We have 9,000 witness statements and 1 million pages to investigate as a route to the truth. I think that is a quicker way of doing things.

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

I welcome the Secretary of State’s statement and his recommitment to recognising the dedication and bravery of the security forces, 99.9% of whom have obeyed, kept and upheld the law. Nothing that is said today should sully the names of those people. Does the Secretary of State understand that in Northern Ireland the track record of public inquiries is not perceived as good? Even where Governments have indicated that inquiries should not be expensive, they have been, and where Governments have said that they should bring closure, they have not brought closure. Does he accept that today’s statement and announcement should mean that we start spending scarce resources on the future rather than wasting them on the past?

[Mr Paterson]

I am grateful to the hon. Gentleman for his comments. We were quite clear before, during and after the election that we believe there should not be any more costly and open-ended inquiries. We believe this is a swifter and better route and I agree that if we can resolve some of these outstanding issues—I have gone on about the impasse—we can all begin to address problems of the present and the future. That is what we are trying to do.

[Mr David Winnick (Walsall North) (Lab)]

All the atrocities committed were condemned at the time, during the 1980s and 1990s, and there was no selective condemnation. Whatever the sources of the murders, they were condemned by both sides of the House. However, will the Secretary of State recognise that this case is different, because of the extent of collusion by the state, and that the integrity of the state itself is in question. Bearing in mind that there have been two previous one-person inquiries—by Stevens and Judge Cory—that have not reached a satisfactory conclusion, is it not understandable that the family who have fought so hard for justice are so disappointed by the decision that has been reached?

[Mr Paterson]

Again, I say that we accept the verdict of Stevens that there was collusion and we have apologised. What we have set out today is a swift route to the truth.

[Sammy Wilson (East Antrim) (DUP)]

May I welcome the Secretary of State’s statement and express my disappointment that the anger that has been expressed by the family is being used to indicate that the peace process in Northern Ireland is so fragile that it will somehow fall apart as a result of the disappointment of one family? The Secretary of State has given us details about the inquiry, but will he also tell us the cost of the inquiry so far and give us an assurance that this marks a permanent end to the expensive public inquiry process of dealing with the past, which has done nothing to heal wounds but has filled the wallets of lawyers?

[Mr Paterson]

I thank the hon. Gentleman for his support. This is not an inquiry—it is a review—and I appointed Sir Desmond only this morning. To repeat, we estimate the cost to be £1.5 million. I entirely endorse the hon. Gentleman’s opinion that we need to move on. Let me pick up on an earlier comment. A few weeks ago, I was in Enniskillen, where I met about 100 young people who were asked their three priorities. Not one of them mentioned the past. I think there is a generational issue here. For those affected—the 3,268 people and any of their relatives and for the Finucane family—these events are absolutely, shatteringly appalling. Their whole adult lives have been dominated by them and we have to recognise that, but there is a new generation coming through and we have to think about them. That is why we have to resolve these outstanding issues and move on.

[John McDonnell (Hayes and Harlington) (Lab)]

Soon after I was elected in 1997, I led an Adjournment debate on the Finucane case and I do not doubt the Minister’s wish to move on. However, one thing I learned in that debate and afterwards was that unless the family sanctions the process of moving on, this will be a futile exercise. No one doubts the abilities of Sir Desmond de Silva, but, as has been pointed out, he will not have the legally enforceable right either to access papers or to demand the appearance of witnesses. I believe that unless the process has the family’s approval it will be tainted from the outset. The family was shocked yesterday. May I ask the Minister, before he takes the next step, to take a pause to allow the family to consider its position, come back and enter into more dialogue with the Government before we blunder into yet another mistake?

[Mr Paterson]

I am sorry that the hon. Gentleman takes that attitude. I do not want to repeat myself too often, but we inherited an impasse. The solution proposed by his Government was going nowhere; indeed, it was not a solution and this was festering. We fully appreciate the horror of this murder and the international significance of it. We honestly believe that getting the Prime Minister to invite the family over and meet them in person was a bold, brave move, and we sincerely believe that the appointment of this international lawyer of impeccable integrity will get to the truth faster than would have happened under a statutory inquiry, which the family would not have accepted.

[Mr David Anderson (Blaydon) (Lab)]

It seems strange for the Secretary of State to say that the truth lies in the archives. It would then have lain in the archives for over 22 years; if the truth is there, why is someone not already in jail? Witnesses need to be called in a proper way, and that could happen only through a public inquiry. Clearly, this is more about the Conservative party looking to its manifesto and saving money than about justice being done.

[Mr Paterson]

I regret the tone of that contribution, which reduces the level of our debate, and I wholly reject what the hon. Gentleman says. I believe that the Prime Minister took a bold step. I think that the hon. Gentleman’s views will be refuted in December 2012.

[Ian Mearns (Gateshead) (Lab)]

The Secretary of State said that his party was elected on a platform of no more expensive or open-ended inquiries, but I am not convinced that the coalition came into government with that stance. I welcome the fact that the Prime Minister has apologised for state collusion in the murder of Pat Finucane, but I was a bit disconcerted when the Secretary of State said in his statement that collusion was not itself a criminal offence. Representatives of the state have acted criminally; a criminal investigation should ensue. Prosecution of those complicit in the murder of Pat Finucane should come after that. May we have some guarantees that that will take place?

[Mr Paterson]

I am sure that the hon. Gentleman understands that the Director of Public Prosecutions is, and should remain, wholly independent of Government. The previous DPP found that some cases did not achieve the necessary threshold. Obviously, should Sir Desmond reveal evidence in his report, in line with the independence vested in him, it will be entirely for the DPP to investigate and pursue it.

Northern Ireland Human Rights Commission (Annual Report 2010-11)

Owen Paterson Excerpts

Tuesday 13th September 2011 Written Statements

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

I have today laid before this House a copy of the Northern Ireland Human Rights Commission’s annual report and accounts 2010-11, in accordance with schedule 7 paragraphs 5(2) and 7(3)(b) of the Northern Ireland Act 1998.

This is the 12th annual report published by the Commission.

Chief Electoral Officer for Northern Ireland (Report 2010-11)

Owen Paterson Excerpts

Tuesday 6th September 2011 Written Statements

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

The Chief Electoral Officer for Northern Ireland is responsible for all aspects of electoral administration in Northern Ireland, including the successful running of the parliamentary general election held on 6 May 2010. Section 14 of the Electoral Law Act (Northern Ireland) 1962—as amended by section 9 of the Northern Ireland (Miscellaneous Provisions) Act 2006—provides that the Chief Electoral Officer must submit an annual report to the Secretary of State. The annual report of the Chief Electoral Officer for Northern Ireland for the year 2010-11 has been laid before Parliament today.

Northern Ireland Human Rights Commission

Owen Paterson Excerpts

Monday 18th July 2011 Written Statements

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

Following an open recruitment process based on merit I have appointed Professor Michael O’Flaherty as the new Chief Commissioner of the Northern Ireland Human Rights Commission. I am also appointing seven new Commissioners to the Northern Ireland Human Rights Commission—Grainia Long, Christine Collins, John Corey, Milton Kerr, Alan McBride, Marion Reynolds and Paul Yam. The new Chief Commissioner and seven new Commissioners will take up their posts in the early autumn.

The Northern Ireland Human Rights Commission is a key part of the architecture of human rights protections in Northern Ireland, and an important feature of the Belfast agreement. The Commission is now facing new challenges, not least in fulfilling its remit in a testing economic environment.

I am confident that these new appointments will ensure that the Commission will make a significant contribution to the advancement and protection of human rights in Northern Ireland in the coming months and years.

Oral Answers to Questions

Owen Paterson Excerpts

Wednesday 6th July 2011 Commons Chamber

[Glyn Davies (Montgomeryshire) (Con)]

8. What recent assessment he has made of the threat to security in Northern Ireland posed by residual terrorist groups.

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

With your permission, Mr Speaker, I believe that the House will want to pay tribute to Sir Oliver Napier, whose funeral was held yesterday. He was a founding father and leader of the Alliance party, and a member of the power-sharing Executive in 1974. He led the way towards inclusive politics, and was widely respected across the entire community. He will be much missed.

The threat level in Northern Ireland remains at severe. Despite the overwhelming community rejection of violence, the terrorist groups continue to pose an indiscriminate threat to the safety of police officers and the general public, who want their lives to be free of fear, disruption and intimidation.

[Graham Evans]

The violent scenes that we have witnessed in part of east Belfast in recent days are obviously a matter of great concern. Will my right hon. Friend join me in sending our support and gratitude to the Police Service of Northern Ireland for its restraint, courage and success in combating that disorder as well as the continuing terrorist threat in Northern Ireland?

[Mr Paterson]

I am grateful to my hon. Friend for his question and I wholly endorse his comments. I happily put on record the Government’s deep appreciation of the restraint and skill with which the PSNI handled the recent disturbances.

However, I would put out a public appeal to all those who are considering expressing their views over the next few days. They, too, should show restraint. I remind them that the rule of law will prevail, and that this week, significant prosecutions have resulted from charges against those who broke the law a year ago.

[Jake Berry]

Does my right hon. Friend agree that close co-operation between the PSNI, the Garda, and Ministers here, in Belfast and in Dublin, is essential in combating the ongoing terrorist threat? Will he join me in congratulating the Garda on its recent discovery of an arms cache and arrests in County Louth?

[Mr Paterson]

It is almost impossible to stress how closely we are now working. Last week, I met Eamon Gilmore, the Tánaiste and Minister for Foreign Affairs and Trade, and I had several discussions in the last week with the Minister for Justice, Equality and Defence. I also recently saw the Garda commissioner. The Garda is to be wholly congratulated on its recent raid at Hackballscross in County Louth, where a significant amount of lethal matériel was apprehended. I am delighted to confirm that the co-operation with the PSNI gets better from month to month.

[Karl MᶜCartney]

Does my right hon. Friend agree that at a time of such pressure on the public finances, the exceptional deal to the give the PSNI an extra £200 million over the next four years is a clear demonstration that this Government will always stand by Northern Ireland?

[Mr Paterson]

I am grateful to my hon. Friend for giving me the chance to remind the House that we endorsed £50 million last year and a further unprecedented £200 million over the next four years. We are absolutely determined to bear down on the current threat, and I am delighted that Matt Baggot, the Chief Constable, to whom I spoke this morning, confirmed that we

“have the resources, the resilience and…the commitment”

to meet that threat.

[Glyn Davies]

All of us in the House are concerned about the recent violence in east Belfast and acknowledge the challenges facing the PSNI. Does my right hon. Friend agree that there is a very significant role for the Northern Ireland Executive in tackling the underlying causes that fuel that violence?

[Mr Paterson]

I am grateful to my hon. Friend and constituency neighbour for his question. The problem cannot be contained by security activity alone, however well co-ordinated and well funded by the PSNI and the Garda. Ultimately, this must be sorted out on the ground, by local politicians working with local people. That was confirmed in the Independent Monitoring Commission report that said:

“The main responsibility for dealing with these challenges rests with the Assembly, the Executive and local politicians, working in conjunction with community leaders, churches, the law enforcement and other public institutions, and ultimately, with the…whole community”.

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

In 2004, Jane Kennedy, the then Northern Ireland Office Minister, told the House that an inventory of all decommissioned weapons would be published when the Independent International Commission on Decommissioning had completed its work. The IICD stood down on Monday, but no inventory was published. Will the Secretary of State tell the House why that pledge was not honoured, and does he accept that that will affect public confidence?

[Mr Paterson]

The IICD made it clear why it did not publish an inventory. We would like to be in the position to publish this data, as the then Member for Liverpool, Wavertree, Jane Kennedy, was back in 2003-04, but the success of the IICD has been its independence, and it is for it to decide—it is entirely within its remit—where it puts this information. It is now in the hands of the US Secretary of State and cannot be divulged without the prior agreement of the Irish and British Governments.

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

I acknowledge the information that the Secretary of State has just given us about dissident activity, the report published by the Independent Monitoring Commission last Monday and the fact that the level of dissident activity is now higher than when it published its first report in 2004. The report stated that loyalist groups were finding it difficult to contemplate going out of business. In that context, does he agree that whatever we do to bring the paramilitary activity to a peaceful conclusion, it will not be achieved by throwing money at gang leaders, as has been suggested in east Belfast over the past few weeks?

[Mr Paterson]

I just quoted from the IMC report showing that these problems will not be resolved by one simple solution. They have to be resolved on the ground by working with local people at the closest level. That means down to community groups and local politicians. It is not for us to lay down the law from Westminster. That is now in local hands.

[Mr Laurence Robertson (Tewkesbury) (Con)]

Will the Secretary of State give us some guidance on the extent to which the police and his office are getting co-operation from all communities in identifying those responsible for the ongoing terrorist activities on both sides of the divide?

[Mr Paterson]

I am grateful to the Chairman of the Northern Ireland Affairs Committee. The police are conducting a review and a serious investigation into the disturbances last week, and it would be wrong to pre-empt what they discover. However, once we have the information from the police, we will make further decisions.

[Chris Evans (Islwyn) (Lab/Co-op)]

2. What assessment he has made of the effects on the service sector in Northern Ireland of reductions in Government spending.

--- Later in debate ---

[Mrs Mary Glindon (North Tyneside) (Lab)]

5. What assessment he has made of the role of dissident republicans in recent disturbances in the Short Strand area of Belfast; and if he will make a statement.

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

The Government utterly condemn all those involved in the localised violence in part of east Belfast a fortnight ago. It would be unwise for me to comment on the role played by specific groups while the police investigation is ongoing, but I know that the Police Service of Northern Ireland is determined to bring those responsible to justice.

[Mrs Glindon]

Will the Minister accept that the unanimous condemnation by all the parties in Stormont shows that dissidents of all traditions might have the power to damage the peace process but not to derail it?

[Mr Paterson]

I am happy to concur wholeheartedly with the hon. Lady’s comment. Northern Ireland has moved on by a huge distance, and everyone can now express their legitimate political aims and pursue them by democratic means. There is absolutely no place for political violence in Northern Ireland today.

[Stephen Pound (Ealing North) (Lab)]

On behalf of the whole House, may I congratulate the Minister of State on his upgrading of my right hon. Friend the Member for St Helens South and Whiston (Mr Woodward) to his new role of Secretary of State for Northern Ireland? I am not entirely sure whether that was a prediction, but it is certainly one that we would support. Further to the question from my hon. Friend the Member for North Tyneside (Mrs Glindon), the Secretary of State will be aware that even below the most placid surface, dark cold undercurrents flow, and that we have to address the issue of the sectarian legacy. What is he doing to support groups such as Co-operation Ireland and other peace-builders?

[Mr Paterson]

I am grateful to the shadow Minister, who is on perky form this morning. I have regular meetings with the chairman of Co-operation Ireland; I am actually seeing him again today. However, dealing with community groups is very much in local hands. I have had recent discussions with the First Minister and the Deputy First Minister, and I am seeing both of them again tomorrow. This is very much a local issue to be sorted out on the ground according to local circumstances. [Interruption.]

[Mr Speaker]

Order. There are far too many private conversations taking place in the Chamber. We need to be able to hear the Secretary of State.

[Jim Shannon (Strangford) (DUP)]

Given the ease with which guns were produced at the Short Strand interface, does the Secretary of State understand the annoyance and anger at the fact that the inventory of the weapons destroyed by the Independent International Commission on Decommissioning was not made known? Does he agree that the people of Northern Ireland have a right to know the full extent of the destruction of weaponry that has taken place? The Conservatives and Labour have agreed on that, and the inventory has also been lodged in Washington.

[Mr Paterson]

I am fully aware of the concerns behind the hon. Gentleman’s question, but we have to take the advice of those very experienced independent professionals, who have pulled off an extraordinary task. I pay tribute to General de Chastelain and his colleagues for what they did, and if it is their professional opinion today that it would not be helpful to publish that inventory, we have to take that advice seriously, as do the Irish Government. That is why the inventory has been placed with the American Secretary of State, where it will rest. No one will see it until the British and Irish Governments together decide that the time is appropriate.

[Toby Perkins (Chesterfield) (Lab)]

9. What assessment he has made of the effect on economic growth in Northern Ireland of reductions in public expenditure.

--- Later in debate ---

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

Northern Ireland is an excellent place to do business and enjoys world-class aerospace, engineering and health technology companies, but the Northern Ireland economy is still too over-reliant on the public sector, so we are working together with the Northern Ireland Executive to help rebalance it and to boost private sector growth.

[Mr Holloway]

Will my right hon. Friend ensure that internal squabbles in the Assembly do not undermine the consultation?

[Mr Paterson]

I am delighted to report that the consultation, which ends on Friday, has received the overwhelming endorsement of all five political parties. The leaders in the Executive came to Kelvatek for the launch of that very successful consultation. My right hon. Friends the Prime Minister and the Chancellor of the Exchequer have been to Northern Ireland to see what is happening for themselves—as has my hon. Friend the Exchequer Secretary, who is going again tomorrow—and we will respond in the autumn.

[Sammy Wilson (East Antrim) (DUP)]

Does the Secretary of State agree that if the Northern Ireland economy is to be helped through the devolution of corporation tax, that must come at a fair, reasonable and acceptable price rather than a price that is detrimental to economic growth?

[Mr Paterson]

As the hon. Gentleman knows, the Treasury document makes it clear that every 2.5% reduction in corporation tax requires a £60 million to £90 million reduction in the block grant. That constitutes 0.5% of the block grant, which many economists and businesses consider to be a very modest investment.

The Prime Minister was asked—

Independent International Commission on Decommissioning (Final Report)

Owen Paterson Excerpts

Monday 4th July 2011 Written Statements

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

The final report of the Independent International Commission on Decommissioning (IICD), prepared at the request of the British and Irish Governments, has been published today by both Governments. I have placed a copy of the report in the Library.

This final report reflects on the IICD’s 12 years in operation from September 1997 to the ending of the decommissioning amnesty in February 2010. It provides an account of arms decommissioned by paramilitary organisations, a summary of key factors that enabled the commission to deliver its objectives and highlights the lessons learnt.

The commission’s remit was to provide a mechanism, entirely independent of Government, to execute the decommissioning of paramilitary arms in a manner that rendered them permanently inaccessible or unusable. The task was difficult and the commissioners worked tirelessly to achieve it. There is no doubt that their independence and high level of commitment were crucial in gaining the confidence of paramilitary organisations. The resulting major acts of decommissioning they secured have contributed to making Northern Ireland a more peaceful, stable and inclusive society.

Many will be expecting an inventory to be included in the report. The IICD did not provide the British and Irish Governments with an inventory when they submitted their final report. This was rightly a decision taken independently by the commission. The commissioners say in their final report that

“providing details now of what paramilitary arms have been put beyond use, could, in our opinion, encourage attacks on those groups which have taken risks for peace. This is true of both loyalists and republican paramilitary groups. We would not wish, inadvertently, to discourage future decommissioning events by groups that are actively engaged today, nor to deter groups that have decommissioned their arms from handing over any arms that may subsequently come to light” (paragraph 30).

The IICD has made arrangements for the safe retention of the records of decommissioned arms by the United States Department of State in Washington who will hold them securely.

Sadly, as recent violent events revealed, there remain those who have rejected peace and politics and who want to drag Northern Ireland back to its troubled past. However, the majority of paramilitary organisations have decided to pursue their goals by political and democratic means exclusively. The IICD’s final report is a valuable insight into how this has been achieved. Northern Ireland has made great strides towards stable, local democracy and I wish to place on record my immense gratitude to the Commission and their staff for their enormous contribution and longstanding commitment to their work.

Independent Monitoring Commission (Final Report)

Owen Paterson Excerpts

Monday 4th July 2011 Written Statements

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

The 26th and final report of the Independent Monitoring Commission (IMC), prepared at the request of the British and Irish Governments, has been published today by both Governments. I am laying the report before Parliament.

The IMC was set up in 2004. The commission’s remit was to independently monitor and report on paramilitary activities, on security normalisation, and any claims that any Minister or party in the Northern Ireland Assembly was not committed to democratic means.

During the seven years over which the IMC carried out this role, the level and nature of paramilitary activity has changed significantly. Operation Banner was successfully completed and the political situation in Northern Ireland has been transformed with devolution now complete and the Northern Ireland Assembly entering its second term.

The IMC has played a significant part in supporting and enabling historic changes over the years. Its independence has been vital in gaining the confidence of all those it worked with and is clearly illustrated in what they have delivered. I would like to place on record my deep gratitude to the IMC commissioners and staff for their sustained commitment over the past seven years.

The commission’s final report documents the changes that have taken place during this period and provides an assessment of the factors that helped it in delivering its remit and the lessons learnt. It is a valuable document which will be of interest to those who are, have been and continue to be involved in the peace and political process in Northern Ireland as well as to those who are involved in conflict transformation more widely. I am grateful to the IMC for its detailed and thorough report.

As the IMC themselves note, while the commission has completed its remit, the security position In Northern Ireland is far from ideal. As the violence in a part of East Belfast recently revealed, there remain those who have rejected peace and politics and who actively work to undermine it. The Government remain committed to doing all they can to end violence and to enable all the people of Northern Ireland to live peacefully and safely as is their right. I am conscious that Parliament and the public will wish to be kept informed of progress on a regular basis. I therefore intend to make statements to Parliament every six months summarising the threat, in keeping with the time scales on which the IMC used to issue its reports.

Rosemary Nelson Inquiry Report

Owen Paterson Excerpts

Monday 23rd May 2011 Commons Chamber

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

With permission, Mr Speaker, I would like to make a statement on the report into the death of Rosemary Nelson, which is being published this afternoon. Mrs Nelson, a solicitor, was murdered close to her home in Lurgan, County Armagh, on 15 March 1999 when a bomb attached to her car exploded. Responsibility for the murder was claimed by the so-called “loyalist” paramilitary group, the Red Hand Defenders.

I will first set out the report’s main conclusions before moving on to outline its findings on the Royal Ulster Constabulary, the Northern Ireland Office and the murder investigation. I will also set out the context in which this tragic event happened. The inquiry was established by the previous Government and was asked to determine

“whether any wrongful act or omission by or within the Royal Ulster Constabulary, Northern Ireland Office, Army or other state agency facilitated her death or obstructed the investigation of it, or whether attempts were made to do so; whether any such act or omission was intentional or negligent; whether the investigation of her death was carried out with due diligence; and to make recommendations.”

I would like to put on the record my thanks to Sir Michael Morland and his fellow panel members Dame Valerie Strachan and Sir Anthony Burden for their work. They have produced a detailed account of the circumstances surrounding this despicable and cowardly murder. This is a lengthy report that has cost £46.5 million and taken six years to complete. I am sure that the whole House will want to join me in hoping that it brings a measure of resolution to Rosemary Nelson’s family.

The report finds that

“There is no evidence of any act by or within any of the state agencies we have examined (the Royal Ulster Constabulary, the Northern Ireland Office, the Army or the Security Service) which directly facilitated Rosemary Nelson’s murder”.

The report goes on to say that

“we cannot exclude the possibility of a rogue member or members of the RUC or the Army in some way assisting the murderers to target Rosemary Nelson”,

although the panel does not provide specific evidence on this.

Those who are looking for evidence that the state conspired in or planned the death of Rosemary Nelson will not find it in this report. It does say that

“there were omissions by state agencies, which rendered Rosemary Nelson more at risk and more vulnerable; the combined effect of these omissions by the RUC and the NIO was that the state failed to take reasonable and proportionate steps to safeguard the life of Rosemary Nelson. If Rosemary Nelson had been given advice about her safety and offered security measures, then assuming that she had accepted such advice and security measures, the risk to her life and her vulnerability would have been reduced”.

The report does however recognise that

“There is nothing that any organisation can do that will infallibly prevent a murder. What can be reasonably looked for is a reduction in the risk”.

I am profoundly sorry that omissions by the state rendered Rosemary Nelson more at risk and more vulnerable. It is also deeply regrettable that, despite a very thorough police investigation, no one has been charged for this terrible crime.

On the investigation into the murder, which was led by a senior police officer from outside Northern Ireland, the report describes it as “exhaustive, energetic and enterprising”, concluding that

“there is no evidence of any deliberate attempt by any of the organs of the state corporately to obstruct the investigation”.

On the Royal Ulster Constabulary, the panel finds that

“some members of the RUC publicly abused and assaulted Rosemary Nelson on the Garvaghy Road in Portadown in 1997, having the effect of legitimising her as a target.”

The report states that

“we believe that there was some leakage of intelligence which we believe found its way outside the RUC”;

that

“the leakage increased the danger to Rosemary Nelson’s life”;

and that

“some members of the RUC made abusive and/or threatening remarks about Rosemary Nelson to her clients.”

In addition, the report states that

“in assessing whether or not Rosemary Nelson’s life was at risk, RUC Special Branch failed to take into account all the intelligence and the open information available to them…RUC management negligently failed to intervene to prevent their officers from uttering abuse and threats to defence solicitors, including Rosemary Nelson…Local RUC management failed to follow through promised action to pay special attention to Rosemary Nelson’s office and home addresses…there was no analysis or evaluation of intelligence relevant to Rosemary Nelson…there was a corporate failure by the RUC to warn Rosemary Nelson of her vulnerability and offer her security advice”.

In relation to the Northern Ireland Office, the report concludes that

“the NIO did not press the RUC hard enough for full replies to their questions concerning Rosemary Nelson's personal security…the NIO should have proactively questioned the RUC as to what factors were considered in producing a threat assessment…the NIO dealt in a mechanistic way with correspondence from Non-Governmental Organisations raising concerns about Rosemary Nelson's safety.”

The panel, in its findings relating to the accusations of obstruction by the state in the murder investigation, identifies:

“Special Branch gave levels of information unprecedented in the history of the RUC to the Murder Investigation Team”.

The panel also finds that the investigation team had wide-ranging terms of reference and was generously resourced, but that special branch co-operation was incomplete. Special branch was, it states,

“over-possessive about their intelligence…unjustifiably resentful and defensive about any enquiry which they interpreted as treating them as potential suspects…omitted to disclose all items of relevant intelligence”.

The panel concludes, however, that

“in the main, the investigation was carried out to a high standard, in very difficult conditions”,

and says:

“Overall, the investigation of the murder was carried out with due diligence”.

The panel has chosen not to make any recommendations, pointing to

“fundamental changes to the organisations that we have been examining and to the context within which they worked”.

In particular, the panel notes:

“The Royal Ulster Constabulary has now been replaced by the PSNI, on the lines envisaged by the Patten Commission. Many of the reforms were first proposed, and subsequently implemented, by Sir Ronnie Flanagan…Complaints against the police are now investigated by the independent Police Ombudsman for Northern Ireland, so the PSNI is not in the position of having to investigate complaints about its own officers…After the murder of Rosemary Nelson, the Key Persons Protection Scheme was amended: defence solicitors were included among those who could qualify for the scheme”.

The report concludes that

“we consider that these changes effectively deal with the systemic problems that we saw in the way that the organisations operated”.

The three panel members say in their foreword:

“We recognise that the context in which these events happened was extraordinarily difficult. We do not underestimate the problems and personal danger faced by the agencies and individuals whose work we have been examining. For example, during the Troubles, over 300 RUC officers lost their lives and over 7000 were injured; over 700 British military personnel were killed and over 6000 were injured”.

At times, such personnel stood quite literally between the rule of law and the descent into anarchy. All of us owe them an immense debt of gratitude, and that is something that this Government will never forget.

The report does make criticisms of the RUC, and we should not seek to gloss over them. But it would be wrong for the criticisms in the report to be used in any way to denigrate the overall record, courage and sacrifice of the RUC. Despite the enormous progress heralded by the agreement, Northern Ireland was still emerging from 30 years of terrorist violence in 1999. With both loyalist and republican dissidents continuing to carry out attacks, the security situation remained dangerous. As the report says,

“there were violent groups who were implacably opposed to the Peace Process who were prepared to commit sectarian murder”.

In conclusion, it is clear that just as Lord Saville found no evidence of a conspiracy by the British state, and just as Lord MacLean found no evidence of state collusion in the murder of Billy Wright, so this panel finds no evidence of any act by the state which directly facilitated Rosemary Nelson’s murder.

This report is a detailed and authoritative account of the circumstances surrounding Rosemary Nelson’s horrific death. Politically motivated violence can never be justified. The whole House will wish to join me in condemning her vile murder and also extending our deepest sympathies to her family. I commend this statement to the House.

[Mr Shaun Woodward (St Helens South and Whiston) (Lab)]

Rosemary Nelson was a prominent and diligent human rights lawyer who worked hard to protect the rights of her clients. Rosemary Nelson was also a mother, a wife, a daughter, a sister and a friend to many. She was killed by a loyalist paramilitary group shortly after midday on 15 March 1999. I join others in this House in offering my deepest sympathy to her family and her friends.

Today we have the final determinations of the inquiry. I thank the Secretary of State for a copy of his statement on those determinations and an advance opportunity to read the inquiry report. I also pay tribute to the inquiry chairman, Sir Michael Morland, to his panel members, and to the supporting Law Officers and officials.

The Secretary of State and I have both read the conclusion of the inquiry report, but I am afraid that I am unable to draw the same comfort about the findings and implications as he has done in his statement. The inquiry raises very serious issues about the police and about the Northern Ireland Office. In recognising this inquiry’s criticisms about policing, the inquiry does not take away our profound admiration for the outstanding courage and bravery of the men and women of the police family—and that of course includes the RUC—and of the Northern Ireland Office, at which I have had the privilege to be Secretary of State. I record again my thanks for the outstanding professionalism and fairness with which it was my experience to work at first hand.

However, this inquiry makes uncomfortable reading for both agencies. These agencies have undoubtedly, by what they have done, ensured that many lives have been protected from terrorist target. Indeed, we will never know just how many people might have been killed or how many people alive today were targets. However, we can be grateful to these agencies and at the same time set apart wrongdoing and failings. What is clear is that in the case of Rosemary Nelson, her death was not inevitable. The Secretary of State quoted from the report:

“There is nothing that any organisation can do that will infallibly prevent a murder. What can be reasonably looked for is a reduction in the risk”.

Well, that reduction was not reasonable. The risk could have been reduced, and it was not reduced. There were failings.

It is important to separate out the investigation into Mrs Nelson’s murder, which the inquiry described as “exhaustive, energetic and enterprising”, although

“not perfect in every respect”,

and, equally importantly, the fact that the inquiry found “no evidence of any” organisations of the state attempting

“to obstruct the investigation of the murder”.

We can distinguish this from the failure of measures to protect her life which brought about her murder. Here we have very uncomfortable reading—more uncomfortable than I think the Secretary of State recognises. It is uncomfortable for the RUC and the NIO of that time. Having reached that view, questions should also be asked about the process of threat assessments even today.

The report disturbs me. Given what was known, why was Rosemary Nelson not protected? That is our question. The report states:

“She was a very public figure and thence an obvious trophy target.”

The inquiry concluded:

“Any reasonable, thorough and objective assessment could only have reached the conclusion that general intelligence, circumstances and recent events indicated that Rosemary Nelson was at significant risk.”

On the RUC, the inquiry found that “management negligently failed”, that “local RUC management failed”, that there was

“no analysis or evaluation of intelligence in relation to Rosemary Nelson”,

and that there was

“corporate failure to warn Rosemary Nelson of her vulnerability.”

Of the NIO, the inquiry found that there were omissions rather than commission. The NIO did not press the RUC hard enough for full replies on Mrs Nelson’s security, it did not press the police on disparities between what the NIO was being told about the threat and what the RUC had concluded in its threat assessments, and it was too mechanistic. Crucially, the inquiry says of the NIO that

“there is no evidence of any internal policy discussion about the treatment of defence lawyers in general or Rosemary Nelson in particular.”

All this taken together is damning. As the inquiry concludes:

“The combined effect of these omissions by the RUC and the NIO was that the state failed to take reasonable and proportionate steps to safeguard the life of Rosemary Nelson.”

It continues:

“If Rosemary Nelson had been given advice about her safety and offered security measures, then assuming she accepted such advice and security measures, the risk to her life and her vulnerability would have been reduced.”

A worrying feature of the report is the incompleteness, or what some might see as evasiveness, in giving proper answers to reasonable questions from the inquiry. The inquiry states that it was not told that special branch

“did not maintain a paper file on Rosemary Nelson”.

Indeed, when Colin Port, who led the investigation into the murder asked about that,

“he was given an incomplete answer, and as regards whether Rosemary Nelson had an SB number, an incorrect one.”

In fact, the inquiry found that Mrs Nelson had not one number, but two. It was told that if she had had a special branch number, a special branch file would most likely have been created. The inquiry generously says:

“We cannot exclude the possibility that a paper file on Rosemary Nelson did at one time exist, but was lost or destroyed.”

It beggars belief, given that no one has yet been convicted of Mrs Nelson’s murder, that files of the state could have been allowed to be destroyed or lost during an ongoing murder investigation. That matters, because it is clear that specific views were formed by police officers that would undoubtedly have added to the risks to Mrs Nelson had they reached wider circulation.

The report needs to be read carefully. The inquiry found—you will be worried by this, Mr Speaker—that special branch in the south region, in the preparation for an application for a warrant to be signed by the Secretary of State, but which was not ultimately authorised, said of Mrs Nelson and the Provisional IRA that

“she openly supports their cause and intelligence states she has flouted the law”,

and that

“Nelson uses her legal training to assist PIRA in every way she can and it is clear Nelson is a dedicated Republican”.

That is why the conclusions of the report are so disturbing.

We may never be sure of the specific consequences of these failings. However, the inquiry states that there was an incident of abuse and assault on Mrs Nelson by members of the RUC, that there was a

“leakage of intelligence which we believe found its way outside the RUC.”

It states that the leakage and threatening remarks

“would have had the subsequent effect of legitimising her as a target in the eyes of Loyalist terrorists.”

--- Later in debate ---

[Mr Woodward]

I will, Mr Speaker.

The question that the Secretary of State must address is whether those acts of omission, negligence, failure and prejudice and a mechanistic Northern Ireland Office mean that we are in a very different position from the conclusion of the Wright inquiry, contrary to his statement today. I urge him to examine Justice Cory’s original proposals for the inquiries. Collusion is not just a matter of commission; it may also be an issue of omission. This does not prove collusion, but today the Secretary of State has been too hasty in his dismissal.

[Mr Paterson]

I have to say that I regret the shadow Secretary of State’s tone. I made it quite clear in my statement that there were criticisms of state agencies, and on his basic question—if there was a question—of why Mrs Nelson was not protected, I made it quite clear that there were analyses of her security status by the RUC and she was twice deemed not to be at risk. However, the key point is that she did not ask for protection.

It is not for me, who read the report overnight, or the right hon. Gentleman, who has had a shorter time than I had to read it, to second-guess this enormous work. What comes out quite clearly from this very lengthy report is that there were omissions, and that if they had not happened, the risk to Mrs Nelson would have been reduced. However, the report is quite clear that, sadly:

“There is nothing that any organisation can do that will infallibly prevent a murder. What can be reasonably looked for is a reduction in the risk.”

It is the fact that we did not reduce the risk—his Government was in charge at the time—for which I have apologised on behalf of the British state.

[Mr Laurence Robertson (Tewkesbury) (Con)]

May I thank the Secretary of State for advance sight of the report and his statement? Does he agree that anybody who has had the privilege of meeting the excellent police officers who protect people in Northern Ireland against vicious terrorist attacks will know that they are the most professional and dedicated people anybody could ever wish to see?

With regard to the criticisms of the RUC, is the Secretary of State now satisfied as far as he can be that measures are in place for anybody who might be perceived to be in danger in Northern Ireland, given the worrying terrorist threat that still exists?

[Mr Paterson]

I am very grateful to the Chairman of the Northern Ireland Affairs Committee for the tone of his question. As the report makes quite clear, all the main agencies have now been changed. We are confident that the home protection scheme offers a completely different type of protection from that described in the report.

[Paul Murphy (Torfaen) (Lab)]

I vividly recall the tragic death of Mrs Nelson, and indeed attending her funeral. It fell upon me, some years later, to set up this inquiry. The Secretary of State and my right hon. Friend the Member for St Helens South and Whiston (Mr Woodward) were right to praise the police service in Northern Ireland for all the great work that it does, but the report is a sorry and tragic one. Does the Secretary of State not agree that ultimately, the state simply did not protect Mrs Nelson enough, and that we must learn lessons from that? The acts of omission that occurred were tragic, and they should never, ever occur again.

[Mr Paterson]

I am grateful to the right hon. Gentleman for his question, and I pay tribute to him for his service as Secretary of State. He is absolutely right that the report makes it quite clear that there were omissions, and that if the Northern Ireland Office or the RUC had done certain things, the risk would have been reduced. However, it was also incumbent on Mrs Nelson to accept security advice at the time and ask for security help. I made it clear in my statement that I regret that those omissions meant that the risk was not reduced, but we have to face the fact that under the circumstances, it was impossible to eliminate the risk.

[Patrick Mercer (Newark) (Con)]

May I associate myself with both the tone and the content of the Secretary of State’s comments, and with the congratulations that both he and the shadow Secretary of State have given to the Royal Ulster Constabulary?

To follow on from the last question, can the Secretary of State assure us that the current scheme for protecting those who are vulnerable in a similar way to Rosemary Nelson extends both north and south of the border?

[Mr Paterson]

I am grateful to my hon. Friend for the question, but we have jurisdiction in Northern Ireland and not in southern Ireland.

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

I thank the Secretary of State for an advance copy of his report. Having known Rosemary Nelson when we were both students at Queen’s university, Belfast in the mid-1970s, I find this report very disturbing indeed. In particular, it states that

“we cannot exclude the possibility of a rogue member or members of the RUC or the Army in some way assisting the murderers to target Rosemary Nelson”.

Does the Secretary of State not agree that that is tantamount to collusion between loyalist paramilitaries and members of the then security services? Will he provide an assurance to Members of this House and to Rosemary’s family that all efforts will be made to pursue those who were responsible for this terrible murder, and that they will be held accountable in the due process of the law as quickly and expeditiously as possible?

[Mr Paterson]

I am grateful to the hon. Lady for her question, but I must repeat what the report said. This 500-page report took six years and cost £46.5 million, and was conducted by three eminent panellists. They conclude:

“There is no evidence of any act by or within any of the state agencies we have examined (the Royal Ulster Constabulary, the Northern Ireland Office, the Army or the Security Service) which directly facilitated Rosemary Nelson’s murder”.

The report makes no recommendations such as the hon. Lady suggests.

[Kris Hopkins (Keighley) (Con)]

I agree with the content of the Secretary of State’s statement, and I support his tone—it was extremely appropriate that he spoke in such a way. I do not excuse in any way anybody who did a wrong thing, but I served with members of the RUC—they were extremely brave individuals in their commitment to the service, both on and off duty. Does he agree that the PSNI is a very different creature to the policing arrangements of 1999, and that we, and people on both sides of the community, should take comfort in that?

[Mr Paterson]

My hon. Friend is absolutely right. I paid full tribute to the RUC in my statement, but we do the RUC no favours by glossing over any failings. The report makes trenchant criticisms of those failings, but my hon. Friend is right that policing is quite different today. It has a much broader base of support, and is responsible to a locally elected Minister and Policing Board. That is why the report makes no specific recommendations.

[David Simpson (Upper Bann) (DUP)]

This murder took place in my constituency. Today we have the report, which shows no evidence of collusion in relation to that murder. However, in the same area, 18 RUC officers were butchered by the Provisional IRA. We have had Teebane, La Mon and numerous other atrocities in Northern Ireland. We hear on the rumour mill that another inquiry—into Pat Finucane—could be announced. If so, will the Secretary of State also ensure an inquiry into the 18 deaths of RUC officers that occurred at La Mon and into other atrocities, in the interests of equality?

[Mr Paterson]

I am grateful to the hon. Gentleman for his question. I am fully conscious of the tragedies in his constituency and the area where he lives. In June 1997, very shortly before the events dealt with in the report, Constables Johnston and Graham were murdered in Lurgan. On the Finucane inquiry, I made a written statement to the House in November, and there was an extended period of reflection while we took in representations. I shall make an announcement soon.

[Stephen Lloyd (Eastbourne) (LD)]

I respect the Secretary of State’s apology. Clearly the Government, to some degree, failed to protect one of our citizens, so it is only right that they apologise. It was the right decision, and I respect the tenor of his apology. It was a desperate time, and Rosemary Nelson’s murder was a desperate act. However, will he give an assurance that the economic cuts faced by Northern Ireland will have no negative impact on the key persons protection scheme? It has been amended and improved since Rosemary Nelson’s desperate murder, but it is vital that it is maintained.

--- Later in debate ---

[Mr Paterson]

The KPPS has been replaced by the home protection scheme, which is now administered by my right hon. Friend the Minister of State, Northern Ireland Office, who works diligently on this and assesses each case with great care. I am surprised that my hon. Friend used the word “cuts”, because this time last year we negotiated with the Treasury an extra £50 million, and since then we have negotiated a further £200 million. The Government have promised to stand by Northern Ireland and do what is necessary to bear down on the current security threat.

[Naomi Long (Belfast East) (Alliance)]

I thank the Secretary of State for advance sight of the report, and for his measured and balanced statement. Rosemary Nelson’s murder was a brutal and callous act, and our thoughts and prayers are with her family, friends and colleagues on the release of this sobering report. My thoughts are also with the many other victims and survivors of the troubles in Northern Ireland who fear they will never have justice or even the truth about the circumstances surrounding their own situations. Does he agree that we need an inclusive and comprehensive mechanism to deal with the past and its legacy so that we can build a more stable future for Northern Ireland?

[Mr Paterson]

I am grateful for the tone of the hon. Lady’s question, which I entirely endorse. One of the other major changes, which is not mentioned in the report, is the establishment of the Historical Enquiries Team, which is looking methodically at the 3,268 cases in which people tragically lost their lives leading up to the agreement. That forms a good basis for working on the terrible losses of the past. She knows that I am considering a range of options and talking to a wide number of people. We will bring forward proposals when we think we can achieve some sort of consensus, but she knows more than anyone how difficult that will be.

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

The Secretary of State’s statement identified failures by individuals in the RUC who intimidated and harassed Mrs Nelson or leaked information, and obviously there were failures by some civil servants in not pressing the RUC. Will he ask his permanent secretary to take disciplinary action against any of those civil servants still working in the Northern Ireland Office, and will he confirm whether all the individuals in the RUC whom the panel identified as having committed this harassment or leaked this information have now left the PSNI?

[Mr Paterson]

I thank the hon. Gentleman for his question and suggest that he read the report, which does not make such recommendations.

Rosemary Nelson Inquiry Report

Owen Paterson Excerpts

Monday 9th May 2011 Written Statements

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

I am pleased to inform the House that the report of the Rosemary Nelson inquiry, chaired by Sir Michael Morland, will be published on Monday 23 May 2011.

In my written statement to this House on 5 April 2011, Official Report, column 61WS, I confirmed that the process to check the report in order to meet the obligations on me in relation to article 2 of the European Convention on Human Rights and national security had been completed, and that the report could be published in full. I have advised Sir Michael Morland of this. Monday 23 May is the earliest date on which the report can be published given the recent Assembly Elections in Northern Ireland and the need to make the relevant arrangements for publication.

I will make a statement to this House at the time the report is published. With the permission of the Speaker, I confirm that I will allow an opportunity for members of the family of Rosemary Nelson, as well as the other represented parties at the inquiry, to see the report privately and be briefed by their lawyers on its contents, some hours before the report is published. Some Members of this House will similarly have an opportunity to see the report in advance of publication, to enable them to respond to the statement made to this House at the time of publication.

Murder of PC Ronan Kerr

Owen Paterson Excerpts

Monday 4th April 2011 Commons Chamber

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

With permission, Mr Speaker, I would like to make a statement about the murder of Police Constable Ronan Kerr in Omagh on Saturday afternoon. Shortly before 4 pm, a device exploded, destroying his car in Highfield close, a quiet residential neighbourhood in the town: 25-year-old Constable Kerr died as a result of his injuries. I am sure that the whole House will join me in sending our deepest sympathies and heartfelt condolences to the family, friends and colleagues of this brave young officer. He was a local man who, having gained a university degree, decided upon a career in the Police Service of Northern Ireland. He dedicated his life to the service of the whole community; the terrorists who murdered him want to destroy that community. The contrast could not be clearer.

These terrorists continue to target police officers and endanger the lives of the public. We all pay tribute to the PSNI and the Garda for their remarkable commitment and for their success in thwarting a number of recent attacks. Working seamlessly together, last year they charged 80 people with terrorist offences, compared with 17 in 2009. However, regrettably, on Saturday a device exploded, killing Constable Kerr. His murder was a revolting and cowardly act perpetrated by individuals intent on defying the wishes of the people.

Following Saturday’s attack, the PSNI immediately began a painstaking murder inquiry. The House will understand that that meticulous work is still in the early stages. I saw the Chief Constable yesterday and I know that the PSNI, working closely with the Garda Siochana, will not rest until these evil people are brought to justice. I reiterate in the strongest terms the Chief Constable’s appeal for anyone with any information to bring it to the police.

The PSNI has support from right across the community and is responsible to locally elected politicians. Just over a year ago, we strongly supported the previous Government’s determination to devolve policing and justice, and we backed the very significant financial package that accompanied that devolution. After the election we endorsed proposals for a further £50 million for the PSNI, specifically to confront the terrorist threat. In the national security strategy, published last October, we made countering terrorist groups a tier 1 priority. We have agreed an exceptional £200 million of additional funding over four years, as requested by the Chief Constable, so that he can plan ahead with certainty.

As the Prime Minister said on Saturday,

“the British Government stands fully behind the Chief Constable and his officers as they work to protect Northern Ireland from terrorism”.

That cannot be done by a security response alone, crucial though that is. It can be resolved in the long term only by the community itself, together with strong leadership by local politicians. That leadership was evident again this morning when the First and Deputy First Ministers and the Justice Minister stood as one with the Chief Constable to reiterate their determination that these terrorists will never succeed. They all called for the active support of the PSNI. They spoke for the people of Northern Ireland, and their condemnation of this grotesque murder has been echoed in London, Dublin and Washington.

Our clear and united message to these terrorists is that they will not destabilise the power-sharing institutions at Stormont, they will not deter young Catholic men and women from joining the police service, and they will not drag Northern Ireland back to the past.

Thirteen years ago, the agreement was endorsed by overwhelming majorities in Northern Ireland and the Republic of Ireland. That was the true democratic voice of the people of Ireland, north and south. They, above all, will ensure that the terrorists fail. The visit of Her Majesty the Queen will shortly reinforce the fact that relations within these islands have never been stronger.

Today, politics in Northern Ireland is stable. The democratic process is established. An Assembly has completed its first full term in decades. At the elections in May, voters will choose their politicians to serve in the new Assembly based on everyday bread-and-butter issues. That is democracy in action.

Those who murdered police Constable Ronan Kerr fear democracy. The Omagh bomb in 1998 did not destroy the peace process. The terrorists failed then and they will fail now. They will not deflect us from our shared determination to build a peaceful, stable and prosperous Northern Ireland for everyone.

In the powerful and moving words of Constable Kerr’s mother yesterday:

“We were so proud of Ronan and all that he stood for. Don’t let his death be in vain.”

[Mr Shaun Woodward (St Helens South and Whiston) (Lab)]

I thank the Secretary of State for his statement. The House can only echo and underline the sincerity and unity with which the leaders of all Northern Ireland’s political parties—nationalist, republican and Unionist—have spoken. The Opposition are part of that single voice, which reverberated around the world this weekend.

We remember Constable Ronan Kerr with profound respect. Our hearts go out to his mother and family, and to the people of Omagh, for whom the brutal assassination reopens a deep wound. We think, too, of the police family of Northern Ireland, who today deeply mourn their colleague, but will be at work, the gravest risks to each no less, serving the community selflessly.

The men and women of the PSNI do not see themselves as extraordinary, but in what we ask of them, in the gravest risks that they daily face, we know them as extraordinary. In his courage and service, Ronan Kerr exemplified that spirit. His commitment to working for one community—Protestant and Catholic—stands in absolute juxtaposition to the deluded and demonic deeds of those who targeted him.

However futile their actions, those behind the psychotic acts of violence seek to bring fear and terror back to the streets of Northern Ireland. Constable Kerr was not an isolated target, nor was the attack random. His death is profoundly shocking, but an attack on a police officer is not a surprise.

When the Belfast agreement was signed, as the head of MI5 acknowledged last year, we all hoped that the residual threat from terrorism in Northern Ireland would remain low and gradually decline. Regrettably, optimism must give way to realism. The threat is not low: today it is severe. It is more serious today than in nearly 15 years and it is ongoing. A serious terrorist incident was attempted almost every week last year—a dramatic and regrettable escalation on previous years. Those people have improved capacity, increasingly sophisticated technical and engineering capability, and they aspire to extend their reach.

Today’s terrorists may have little or no community support, but we make a grave mistake if we do not recognise that, in addition to those who refused to accept the peace agenda, a new generation is growing up, delusionally embracing a new wave of criminal and deadly violence. Their numbers grow significantly. Bordering on psychotic, their ambition is to instil fear through attempted bombings and murders. Their aspirations extend beyond Northern Ireland to Britain.

Excepting national security, responsibility today for policing and justice is devolved to Stormont. However, devolution does not absolve us at Westminster of our broader responsibilities to the people of Northern Ireland. The Secretary of State recently succeeded in persuading the Treasury to provide additional resources from the reserve. He is to be congratulated on that. That, of course, was before this attack.

If the Chief Constable should require—to fulfil the ongoing demands of community policing for the public and, of course, for the safety of his officers—further additional resources for overtime, forensics, vehicles and other items to meet the threat, will the Secretary of State reassure the House that they will be agreed and made available without delay?

To tackle today’s threat, we must ensure that we not only contain the existing terrorists, but do all we can to stop alienated young people being drawn into that pattern of crime. The Secretary of State will know of the work of Co-operation Ireland, which is urgently seeking additional financial support for its critical work from, among others, the British Government. He knows the former deputy Chief Constable, Peter Sheridan, who leads that work. The organisation has made cutting-edge proposals, tackling the sectarian legacy but also dealing with real problems in the present. Will the Secretary of State consider the proposals sympathetically and renew his support for additional funding with the Chancellor?

The Home Secretary raised the threat level in Great Britain last September. To ensure that we are guided not by optimism, but by realism, will the Secretary of State reassure the House that the Government will learn from not only the mistakes that we made in the past, but the security measures that we got right?

Will the Secretary of State confirm that he is satisfied from discussions with the Home Secretary that here in Britain police forces have and will continue to have the resources they need to address the threat appropriately? Will he also confirm that, at all levels of Government, there is no complacency? Prevention should be our guide.

On national security, and if we are to learn, as the head of MI5 said, from “the pattern of history”, will the Secretary of State tell the House that he is fully satisfied with the co-operation between the PSNI and forces here in Britain, including on timely and comprehensive sharing of information?

Without capability, the threat from terrorists will be significantly contained. Those who supply the criminals must also be brought to justice. Will the Secretary of State confirm that anyone involved today or in the past in the supply of weapons or explosives will not be given immunity from prosecution? Will he confirm that, should the PSNI wish to conduct interviews with any foreign nationals currently in Britain, the Government would immediately help facilitate that?

Hon. Members will have seen the statement that Constable Kerr’s mother made on television last night. Yesterday was mothering Sunday. When so many sons and daughters remembered what their mothers had given for them, Constable Kerr’s mother, in her darkest hours of grief, shared with our country what her precious son meant to her and her family. We all have a duty to ensure that Ronan’s death will not be in vain. Let us be judged on what we now do.

[Mr Paterson]

I thank the right hon. Gentleman for his comments and support, which send a strong signal across the world that the House is united on the issue.

The right hon. Gentleman mentioned contingency. We have made it clear that, as under the arrangements that he fixed with the Executive at the time, should the threat increase, we are prepared to consider the reserve, but let us look at what we have done. We confirmed £50 million last year and got an exceptional £200-million programme agreed this year for the next four years. Today, the Chief Constable said:

“We have the resources, we have the resilience and we have the commitment.”

As I said in the statement, we are supportive of work with community groups, and I spoke to the chairman of Co-operation Ireland this morning. We will consider a range of alternatives because, as I made clear, there is not just a security solution.

My right hon. Friend the Home Secretary has made counter-terrorism a priority, and budgets are protected. I am absolutely confident that there is increasing and improved co-ordination between the PSNI and GB-based forces. She came to Belfast to discuss that with the Chief Constable a few months ago.

Finally, I assure the right hon. Gentleman that no immunity has been given to anyone. If he were present for the statement from my right hon. Friend the Foreign Secretary, he would have heard him say quite clearly that Musa Kusa is not being offered any immunity from British or international justice. He also said during his statement that we believe in the rule of law.

[Several hon. Members]

rose—

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[Mr Laurence Robertson (Tewkesbury) (Con)]

May I thank the Secretary of State for the advance copy of his statement, and on behalf of the Northern Ireland Affairs Committee join him in condemning this evil and cowardly murder? I do not believe that those people have any legitimate political aims, but, if they do, is it not worth drawing a parallel and reminding them that a murderous campaign by the IRA made any change in the jurisdiction and constitutional position of Northern Ireland less, rather than more, likely?

[Mr Paterson]

I am grateful to the Chairman of the Select Committee for his comments and for the Committee’s support on this issue. We are quite clear that there are now mechanisms for everyone in Northern Ireland to pursue their legitimate political ambitions by peaceful, democratic means. There is absolutely no excuse, and no place for violence that is in theory for a political cause.

[Mr Nigel Dodds (Belfast North) (DUP)]

Our sympathies and prayers are with the Kerr family at this terrible time. I spoke to Mrs Kerr yesterday in her family home. Her courage and bravery, and that of her son Ronan, stand in stark contrast to the cowardly callousness of those who murdered him. At this time, does the Secretary of State agree that the best answer, as I said at Prime Minister’s questions only last Wednesday, is for the people of Northern Ireland to stand together, as they are standing together, as one community, to reject these men of violence, and to keep Northern Ireland moving forward? That is the clear, united voice coming from Northern Ireland and this House today, and Ronan’s death will not be in vain.

[Mr Paterson]

I wholeheartedly concur with the right hon. Gentleman’s comments. For Mrs Kerr, yesterday afternoon, under those circumstances, on mother’s day, to welcome politicians to her house and to come out after that to make the statement that she made, was a quite remarkable moment. We all owe it to her to do exactly as the right hon. Gentleman says—to rally round together. I encourage everyone to participate, campaign and vote in the coming elections in Northern Ireland, to show that that is the way for Northern Ireland to progress.

[Kris Hopkins (Keighley) (Con)]

May I offer my condolences to the family, friends and colleagues of Constable Ronan Kerr? Will the Secretary of State join me in continuing to support, honour and celebrate the brave men and women of the PSNI, which can today proudly and rightly say that it is drawn from all communities in Northern Ireland?

[Mr Paterson]

I am happy to confirm to my hon. Friend that we now have a police service that is well manned with personnel from right across the community, with strong local support, and one that is endorsed by all the main political parties. That is a major force for good.

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

I thank the Secretary of State for his statement. As the only leader of a Northern Ireland party who is a Member of this House, I wish to add the voice of the Social Democratic and Labour party to those who have condemned this murder, and who are determined that its perpetrators are brought to justice. I was happy yesterday to speak to Mrs Nuala Kerr, and to her two sons and daughter, to convey those sympathies on behalf of the wider community and my party.

Such killing was always wrong. It was wrong even when there was some political support for such violence. While we grieve for Constable Kerr and remember Constable Carroll, let us include in our prayers all those who have died throughout Northern Ireland.

Given the level of infiltration of the dissident groups by the security services, will the Secretary of State give a firm assurance that the PSNI will receive every scrap of information and intelligence that is held by the security services that could be relevant to its investigation of this appalling murder of Constable Ronan Kerr? May I join other hon. Members in urging all members of the wider community in Northern Ireland who have information to pass it on to the PSNI in order to assist with the inquiry?

[Mr Deputy Speaker (Mr Lindsay Hoyle)]

Order. We must have much shorter questions, although I understand their importance.

[Mr Paterson]

I wholeheartedly concur with the hon. Lady’s comments. Her party has a proud record of pursuing its political ambitions by democratic means through the most difficult times. She asked about the security services. I shall repeat the comments of Lord Carlile, who is an independent assessor of these matters:

“MI5 and the PSNI are working very closely together and one really could not have more work being done and more energetically to try and deal with what is a very difficult threat”.

[Tom Brake (Carshalton and Wallington) (LD)]

Will the Secretary of State join me in commending Nuala Kerr for the conspicuous and formidable moral leadership she has shown since the callous and senseless murder of her son, and in urging all politicians to demonstrate the same conspicuous and formidable moral leadership in dealing with the terrorists who murdered her son?

[Mr Paterson]

I am grateful to my hon. Friend for that strong comment. I entirely concur with what he said about Mrs Kerr, and I remind everyone of what she said yesterday.

“We all need to stand up and be counted and to strive for equality…We don’t want to go back into the dark days again of fear and terror.”

[Naomi Long (Belfast East) (Alliance)]

May I add my sincere sympathies to those expressed by the Secretary of State to the family, colleagues and friends of Constable Ronan Kerr. I also add to the Secretary of State’s call to those who have information that could lead to those who perpetrated the attack being brought to justice. Their destructive and murderous attack is in stark contrast to the constructive role that the PSNI plays in our community in trying to build for the future.

Does the Secretary of State agree that this was an attempt to drive young Catholics out of the PSNI, and to drive a wedge between it and the community? Does he agree that the best way to avoid that is for us to stand shoulder to shoulder with those police officers and give them our full support?

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[Mr Paterson]

I am very grateful for the hon. Lady’s supportive comments. She rightly paid tribute to the Kerr family. I again quote Mrs Kerr, who yesterday said:

“I urge all Catholic members not to be deterred”.

I do not believe that they will be.

[Mr Ben Wallace (Wyre and Preston North) (Con)]

The thing that sets the Provisional IRA apart from the dissident republicans is that in the early 1990s the Provisional IRA recognised that above what it wanted was what the public and community wanted, and that the community did not want violence as a way of solving the troubles. Will the Secretary of State take this opportunity to tell us whether the whole Catholic community is fully behind the family of Constable Kerr, and will he consider redoubling his efforts to ensure that more Catholics join the PSNI?

[Mr Paterson]

My hon. Friend gives me an excellent opportunity to confirm that to my knowledge there is overwhelming support for the legitimate institutions and for the legitimate, peaceful parties—I cite as an example the minute’s silence at the Gaelic Athletics Association game yesterday in Tyrone, which is a very strong republican area. There is absolutely no place for political violence in Northern Ireland.

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

May I also join the Secretary of State in extending my deepest sympathy to Mrs Kerr and her family? Does he share my concern that, more than two years on, those who were charged with the murder of Constable Stephen Carroll are still to come to trial? Will he take this opportunity to voice his strong support for Minister Ford’s efforts to speed up the justice system in Northern Ireland, so that those who go out to murder police officers will be reminded not only that they will be caught, but that if they are convicted they will spend most if not the whole of the rest of their lives in prison?

[Mr Paterson]

The right hon. Gentleman will have direct experience of these matters and I know that there has been frustration in the past about the slowness of the system, so I congratulate Justice Minister Ford on having introduced measures to speed things up. I also point out that there were 17 charges in 2009, that the number jumped to 80 in 2010 and that there have already been 16 charges this year, so we are definitely bringing in measures to speed things up.

[Patrick Mercer (Newark) (Con)]

The death of Constable Kerr is obviously an extremely sad event, but will the Secretary of State join me in congratulating the policemen and soldiers who cleared a 40 lb anti-personnel device this time last week in the centre of Londonderry, and will he explain whether he believes that the two incidents are linked?

[Mr Paterson]

I thank my hon. Friend for that question and I am happy to put on the record my wholehearted congratulations—I touched on this in my statement—of the work not just of the PSNI but of the Garda Siochana, who are working extremely closely. I think we should pay tribute to the co-operation we are getting from the Dublin Government, from both parties. I have talked to Eamon Gilmore—the Minister for Foreign Affairs and Trade and the Tanaiste—and to Alan Shatter, the Minister for Justice, Equality and Defence. Today, I also talked to Martin Callinan, the Commissioner, and I confirm that we are working extremely closely. My hon. Friend is right that there has been a succession of events, week after week; I would not want to comment today on whether they are linked to this one, but we are determined to work together and bear down on these dangerous people.

[Jim Shannon (Strangford) (DUP)]

I congratulate the Secretary of State on his leadership at this time, which is much appreciated by MPs from Northern Ireland. We do not want to be dragged back to the past and the dark history that we had for many years. I am aware that there has been a large reduction in the number of police officers, which might have fallen to approximately 7,000. What steps will the Secretary of State be taking in relation to resources and training to ensure that the stipulated 7,500 figure is reached through the urgent and immediate training of officers to ensure that we have significant and adequate police coverage on the ground?

[Mr Paterson]

On police numbers, we have contributed major extra funds this year, as requested by the Chief Constable. I repeat what he said today:

“We have the resources, we have the resilience and we have the commitment.”

How he divides up the funds that have been provided to him and the Justice Minister is a matter for him. Those are operational matters and not for me to answer from here.

[Mark Durkan (Foyle) (SDLP)]

I thank the Secretary of State for the statement that he has unfortunately had to make today. Our thoughts are with the Kerr family, the policing family and all those for whom the awful events of the weekend have been a dreadful reminder of their own trauma. The Secretary of State rightly commended the strength of political unity. Does he agree that it is hugely important, in the context of the election campaign, that all parties make it clear that there is no political difficulty or difference that these terrorists can exploit for their warped agenda? Does he agree that Constable Kerr was a patriot and that those who killed him were not? He was a patriot who was honouring his country in the service of all in his community.

--- Later in debate ---

[Mr Paterson]

I am very grateful to the hon. Gentleman for his question. I entirely endorse his comments about Constable Kerr, who could have pursued another career. He had a university degree in a totally separate subject but he decided to work in his community for the benefit of the community. I entirely endorse the hon. Gentleman’s comments about the behaviour of local politicians and local parties. The election campaign of the next few weeks is a glorious opportunity to rebut everything that these violent terrorists stand for. The election should be entirely about day-to-day issues. As I have said, I encourage every voter to participate and turn out. I encourage them to put these people in their place and show them that they have absolutely no representation or support anywhere in the community in Northern Ireland.

[Mr David Winnick (Walsall North) (Lab)]

If the Provisional IRA could not achieve its aims over 30 years, despite all the crimes and atrocities it committed, why should the dissident republicans believe they can succeed?

[Mr Paterson]

I am grateful for the hon. Gentleman’s question. To put it bluntly, they will not succeed, but one has to ask what on earth they think they achieved by ending this bright young man’s career just as it began.

[Mr David Hanson (Delyn) (Lab)]

Will the Secretary of State welcome the strong support from Secretary of State Clinton in her condemnation of this brutal murder? Will he assure the people of America that there is no support in the United Kingdom, in Northern Ireland, in the Republic or in the American Government for these brutal murderers who should be brought to justice as a matter of urgency?

[Mr Paterson]

I am grateful to the right hon. Gentleman for his question. We have had unstinting support from both parties in Washington and I was touched that Hillary Clinton, given everything else that is going on in the world, put out a very strong statement condemning this “cowardly act”, which she said represented the “failures of the past”. She said that the perpetrators’ actions

“run counter to the achievements, aspirations and collective will of the people of Northern Ireland”.

I spoke to Congressman King last night, who is the chairman of the Friends of Ireland group. He, too, has put out an extremely strong statement, which we all welcome.