High Court Judgment (John Downey)

Alasdair McDonnell Excerpts

Thursday 27th March 2014 Commons Chamber

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

I, like others, welcome the opportunity to speak in the debate. I thank those responsible for making it happen. I wish to extend my sympathy again, and that of my party, to the relatives and friends of those killed in the Hyde park bombs, and beyond that to all victims and survivors generally. I do not wish to retread all the ground well covered by others, in particular by my hon. Friend the Member for Foyle (Mark Durkan).

My main concern is that we must deal with the real issues raised by the Downey case in a mature and responsible way that does not do any further damage to the potential for political progress in Northern Ireland that is necessary at this time. It is now very clear that serious errors were made in the management of Operation Rapid, and that those errors compromised victims’ rights to justice. The way this process was administered came at the expense of establishing an honest and robust system that could have dealt adequately with any anomalies that were out there in relation to on-the-runs or others. That could have been done in an accountable and transparent manner.

It is in the interests of the public and the victims to provide honesty and clarity on all aspects of the establishment of this so-called administrative scheme. People I have talked to want to know what went on. They want to know how those involved were selected to qualify for a letter and how some others in similar circumstances did not qualify. Indeed, they want to know—Members have referred to this already—why some people needed a royal pardon. Were they wanted for questioning, but did not quite qualify for the letters? There are many unanswered questions, and people out there want answers, because confidence in politics has been damaged and we need to restore it.

We in the SDLP have repeatedly made clear our concerns about the letters and the whole shady process that followed the collapse of the so-called on-the-run Bill in 2006. Many aspects of the process that led to the collapse of the Downey trial remain extremely unclear. Answers must be given about how it all happened, why it happened and who made it happen. I cannot accept—I do not think any of us can—any disingenuous suggestion or bogus claim that somehow, by a system of osmosis, we were all aware of everything that happened after the collapse of that Bill or that we should have been, even though we are told that it had to be secret. They cannot have it both ways. Claims have been cast around and about in some quarters that information was available to those who wanted or needed it. I want to refute that and state clearly and unambiguously that it is totally inaccurate. None of us who was near, around or about politics at the time was aware of the size and shape of the problem. We certainly knew there was an issue with on-the-runs—a concern, a problem, an anomaly—but nobody knew what was going on in the undergrowth.

This whole process has defied the public’s most basic political expectations of openness, transparency and good governance. It comes as little surprise to me, and should come as little surprise to anybody else, that so much stress has been caused since this shady process began to unravel. I hope that the review led by Justice Hallett will begin to shed some light on how the process was so appallingly badly handled. As a member of the Northern Ireland Committee, I will be doing all I can to pursue the truth—the whole truth—through the inquiries that have been set up. We have a responsibility to investigate, but, I believe—and I would urge others to do so—in a responsible manner. As far as I am concerned, there is no room for political manoeuvring or grandstanding. We need to use the opportunities afforded to us to address concerns properly and answer the questions of victims, survivors and their families, who are vulnerable and at the receiving end of this whole affair.

In Northern Ireland, victims issues are deeply sensitive. There must always be empathy, respect and sensitivity given to victims, most of whom have suffered in silence for many years. Neither empathy, respect nor sensitivity has been evident in the Downey case or the manner in which it has been handled. It is my view that victims and survivors are our first priority and should never be made to feel that they are being treated as an irritation or a problem that can be wished away in the interest of political expediency. We in the SDLP will try to treat victims with respect at all times. Any process that we support to deal with the past will have victims at the centre and be keenly sensitive to their concerns. For many victims, the Downey case has confirmed their worst fears and further undermined their lack of confidence in the whole process of truth, justice and reconciliation.

Let me turn for a couple of moments to the Haass process and the future, which is as important as the past. Like others, I am concerned to ensure that we do not allow ourselves to be prisoners of the past, yet at the same time we have to deal with the hangover and the problems of the past. Some have already tried to use the Downey case as an excuse to walk away from the party leaders’ negotiations that followed the Haass discussions. We cannot let this episode become an excuse to do any further damage or walk away from the negotiating table that Richard Haass helped to create. The aftermath of the Haass process is still in effect today and continues as leaders of the main parties in Northern Ireland are meeting. We are dealing with the very real challenges of the past, parading and flags. Those challenges are still with us. They have been there a long time and will remain for as long as we fail to face up to them.

Individual politicians and political parties have little right to keep complaining about issues if they refuse to take responsibility or commit to finding solutions to major problems.

Through the Haass process, we arrived at a number of positive options and concrete solutions to many of the difficult challenges that face us, especially when it comes to dealing with our past. Lord Eames said last week that issues relating to the past, parading and flags were all intertwined, and that if we solved one of them, we would begin to solve the others as well. It is essential for all of us in Northern Ireland to do all that we can to reach honourable compromises on all these issues. We cannot let the Downey case be used as an excuse for not dealing with the past; indeed, it seems to me to demonstrate the very reason why we must actively, honestly and honourably deal with the past and get to grips with it. It provides us with the impetus that will enable us to get our feet firmly back under the negotiating table and make the hard yards on the hardest of problems. It is unfortunate that the Ulster Unionist party has signalled its intention to detach itself from those negotiations.

We need honest engagement and honourable compromise, now and in the future, more than ever before. The problems that we have out there will not go away until we face them in a mature and honest way. The Downey issue is a perfect illustration of the fact that, while covert side deals and shabby quick fixes can be used for short-term purposes, they are very damaging in the long term. What we badly need are honest, open and transparent discussions with honourable conclusions.

During our efforts in the peace process over the last 20 years, we have benefited from an enormous amount of good will throughout the world. We must not squander that by failing to take on the hard issues that will allow us to finish the job and define a better future for Northern Ireland. I recently spent a week in Washington and New York, and was heartened to hear President Obama and Vice-President Biden echo the words spoken by ex-President Clinton during his recent visit to Derry. They said “Finish the job, finish the job”, and I appeal to all to help us to do that.