Stormont House Agreement: Implementation

Andrew Murrison Excerpts

Tuesday 10th January 2017 Westminster Hall

[Sir Jeffrey M. Donaldson]

Yes, I do understand entirely the strength of feelings. I have many comrades with whom I served in the Ulster Defence Regiment in Northern Ireland, and they are daily subjected to headlines in our local newspapers such as “Off the hook” over pictures of convicted terrorists. The hon. Gentleman can imagine how my comrades feel too, having put their lives on the line to bring some of those people to justice. Similarly, members of the Royal Ulster Constabulary, who went out to investigate the crimes, now find that the people they put behind bars can walk free, some of them as the result of the use of the royal prerogative of mercy.

As the result of a report prepared by Lady Justice Hallett into the on-the-runs issue, the Secretary of State of the day, the right hon. Member for Chipping Barnet (Mrs Villiers), told the House of Commons in a statement in 2014:

“The Government…will take whatever steps are necessary, acting on the basis of legal advice and in conjunction with the police and prosecutors, to do everything possible to remove barriers to future prosecutions.”—[Official Report, 17 July 2014; Vol. 584, c. 1041.]

She was referring to the future prosecution of terrorists. Since that statement was made, I am not aware of a single terrorist suspect being brought before the courts in Northern Ireland in relation to those matters. The Secretary of State also identified 36 priority cases highlighted in the Hallett report. Those were to be the subject of a review by the legacy investigation branch of the Police Service of Northern Ireland. Will the Minister tell us in his response what has happened to those 36 priority cases that were to be reviewed? Are the suspects still wanted for questioning, or have they been told, “No, you’re okay, we don’t need to talk to you”?

I want to highlight a case that I find particularly appalling. Kieran Conway is a self-proclaimed member of the Provisional IRA from Dublin. He claims that he was a senior intelligence officer at the time of the 1974 Birmingham pub bombings, in which 21 innocent people lost their lives. Conway asserts that he is aware of the identity of some of the IRA members involved in that mass murder, but he has refused to disclose that information. In addition, Conway admitted that he had been involved in a number of shooting incidents, perhaps as many as 100. He claims that a number of British soldiers were killed in some of those shooting incidents that he witnessed.

Kieran Conway is so confident that the UK authorities will not pursue him that he has written and published a book setting all that out and putting it in the public domain. Not only that, but he has appeared on the BBC “HARDtalk” programme, openly boasting of his involvement in those crimes. Has Kieran Conway been arrested and questioned about the claims he makes in his book and has broadcast on other media? No, he has not—far from it. Today, Kieran Conway is a solicitor in Dublin, who acts on behalf of so-called dissident republican suspects in the Special Criminal Court. Imagine the conversations that Mr Conway has with his clients—“Don’t worry, boys. One of these days the Brits will cut a deal with you too. Just keep on doing what you’re doing, just like I did, and I’m walking the streets and advising clients how to evade justice.”

Soldiers and veterans look at all of that and they think, “What is going on?” We know is going on: veterans of our armed forces are getting the knock on the door early in the morning. They find a large number of police officers outside their homes; their homes are invaded and searched. The veterans, sometimes just out of bed, are marched off to a police station, subjected to cross-examination and interrogation about crimes that occurred sometimes 20 or 30 years ago. Those are the men and women who served our country, who put themselves on the frontline and who were prepared to go out and face the terrorists; today, they are waiting again for the knock at the door.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

I hesitate to interrupt the right hon. Gentleman, because he is making a powerful speech, and I congratulate him on it. Given the number of years that he has cited—20, 30 or 40 years—does he agree that if we accept this principle about harrying and pursuing members of the armed forces, then there is no reason to stop there? Some of my constituents who served in Cyprus and Korea, or even further back, are saying, “In the fullness of time, perhaps we will be questioned about what we got up to, under the rules and norms of today rather than those that applied at the time.”

[Sir Jeffrey M. Donaldson]

As a former Minister in the Northern Ireland Office, the hon. Gentleman worked with me and others on such legacy issues, so he is well aware of the background to the situation. He is absolutely right. Earlier in the main Chamber, some of our colleagues made the point about what impact this might have on our ability to recruit men and women into our armed forces today. Would not a young 18-year-old looking at a career in our armed forces think twice about serving a country that might let them end up in the dock, simply for doing the job and protecting the community? That is a huge question that we need to ask of the Government. What is going on?

--- Later in debate ---

[Dr Andrew Murrison (South West Wiltshire) (Con)]

First, I hold soldiers to a far higher standard of service than I do terrorists—that needs to be understood. However, I have to say that what is happening at the moment is the worst possible recruiting sergeant imaginable. Having 70-year-old veterans being hauled out of their beds at 3 o’clock in the morning to answer for things that may or may not have happened 40 years ago is remarkable. I can scarcely remember what I was doing last year; I certainly cannot remember what happened 40 years ago.

I am really worried about the quality of available evidence for investigations of this sort. The Secretary of State for Northern Ireland has talked, and is worried, about a “twisted narrative”. He needs to say in clear terms what he will do to unpick that narrative, because the message at the moment is that the awful things that happened during the troubles were predominantly caused by members of the armed forces, which is truly remarkable, given the statistics shared by the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson). That must be dealt with now. It needs to be nipped in the bud, otherwise our colleagues at the Ministry of Defence will find it ever more difficult to recruit the young men and women needed to serve the forces of the Crown.

--- Later in debate ---

[Kris Hopkins]

I thank my hon. Friend for his intervention. I will just say that I sat and listened to the former Prime Minister’s contribution on the Bloody Sunday investigation. I have to say that I refused to accept a narrative that I had heard for many decades about what had happened, and there was clear wrongdoing, so there are moments when we have failed and we should hold our hands up and not just capitulate to a romantic message that we are always right in the military.

I want now to focus on what we are proposing, because the key message that I got from today’s debate was the passion with which the right hon. Member for Lagan Valley wanted to get that proportionality and balance back into what is happening at the moment. The Stormont House agreement addressed many things relating to legacy and the shape of the Assembly, but for us in this debate it was about the formation of the historical investigations unit and addressing some of the issues that people have talked about: the care of our veterans; reform of the Northern Ireland inquest function; ensuring that victims and survivors have access to high-quality services; implementing the comprehensive mental trauma service; seeking an acceptable way in which victims can gain a pension; and giving victims and survivors access to advocate-counsellor assistance. It is vital that progress is made on all of that to address the legacy of the troubled past, and we need political stability to be able to drive that forward. The Government want to put £150 million on the table. We want to create a period of five years in which we will work our way through and address the 90% of murders that were carried out by terrorists, and balance and proportionality will be brought back into the system.

There are huge numbers of former soldiers who were murdered and whose cases are not being investigated at this time. Nearly 200 soldiers were murdered, and those cases are not being investigated at the moment because there is no mechanism in place. When people talk about injustices against soldiers at this time, that is because of the present system. I would like to talk about what is proposed. When I was here just a few weeks ago, there was more resistance to what was suggested in relation to the historical investigations unit. I think that there is now an idea, an understanding, of what we want to actually do in putting that proportionality in place and ensuring that those 3,500 people who were murdered and the families of those people get some justice.

One conversation that has come about has been about an amnesty—an end to this whereby we just draw a line. The right hon. Member for Lagan Valley read out a long list of people and of events that had occurred—terrible events in which people were traumatised and damaged and will be for a long time. They want justice. There is not a line to be drawn. Whether an act was perpetrated by a terrorist or whether a soldier was involved, people want their moment in court, when they can get an understanding of what happened.

[Dr Murrison]

Will the Minister not accept, though, that because terrorists do not keep records and are not going to respond to letters from the Ministry of Defence inviting them to unburden themselves, there will be a mismatch in the information available to the courts? That means that successful prosecutions may be brought against servicemen—a small number, I suspect—but there is no chance, realistically, of a commensurate number of prosecutions being brought against terrorists.

[Kris Hopkins]

What is important is that we create the space, give the resource and set a framework in which those investigations can be explored. We are suggesting a five-year period in which chronologically we work through the evidence that is available, the evidence that we can now discover through new means and techniques that are available, so that there is an understanding of what happened at that moment and we can best explore that. It is right that we put that proportionality back in and ensure that that is addressed.

I want to give the right hon. Member for Lagan Valley the opportunity to respond, so I will briefly touch on some of the issues and questions raised. First, the PSNI is still considering the 36 priority cases and actively reviewing the incidents involved. So there is not an end to that; it will pursue that. I have mentioned to the hon. Lady from the SNP, the hon. Member for Edinburgh North and Leith (Deidre Brock), that the Government have made clear their commitment to provide £150 million over five years to help support the establishment of the new institutions that are addressing the past.

We need to create a political space in which we can deliver this. The Secretary of State wants to consult the public on how we do this, but people will again raise the issues that have been put on the table today. However, as the right hon. Member for Lagan Valley said, it is important that justice is provided and that proportionality is brought back into this system. I hope that when these proposals come forward they are robustly challenged, people make contributions to them and we understand that this is about bringing justice to the people of Northern Ireland.