Police Ombudsman for Northern Ireland: Legacy Cases

Bob Stewart Excerpts

Tuesday 26th March 2019 Westminster Hall

[Sir Jeffrey M. Donaldson]

Thank you, Mr Owen.

As I was saying, unlike most, if not all, other types of ombudsman in the UK, the Police Ombudsman for Northern Ireland has significant powers that include powers of arrest, detention, interview and conducting searches on property. Indeed, the powers are similar to those of the police. Those functions must be carried out under both the Police and Criminal Evidence Act 1984 and the Regulation of Investigatory Powers Act 2000, and the police ombudsman must comply with the requirements of that legislation. Nevertheless, I think many people would be of the view that using “ombudsman” to describe the work of the Police Ombudsman for Northern Ireland might be a misnomer, given the wide, sweeping police powers that the Police Ombudsman for Northern Ireland has—unlike, I believe, any other ombudsman.

My comments today will focus on the making of section 62 public statements on findings arising from reports by the Police Ombudsman for Northern Ireland on legacy cases involving complaints that have been subjected to an investigation by the police ombudsman. Although I note that the police ombudsman has the right in principle to make such statements, I have significant concerns about the content of some of those statements and that the ombudsman may be exceeding their remit in that regard.

[Bob Stewart (Beckenham) (Con)]

I had no idea that the Police Ombudsman for Northern Ireland had such great powers. May I ask my right hon. Friend whether those powers include actually saying to the Police Service of Northern Ireland, “I require these officers, of this rank, to come and give me assistance.”? Is that what happens?

[Sir Jeffrey M. Donaldson]

In relation to current or contemporary investigations regarding complaints against police officers that are post the troubles, yes, the police ombudsman may require serving police officers to be interviewed and has the powers of arrest and detention of serving police officers. My focus today, nevertheless, is on—

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[Sir Jeffrey M. Donaldson]

My hon. Friend is absolutely correct in his assertion. Of course the appalling deaths of Sean Dalton and Sheila Lewis are to be condemned by us all. As has so often been the case in Northern Ireland, the actions of terrorists resulted in the tragic death—murder—of innocent people. The IRA cannot escape the disapprobation, the condemnation, of all of us for that heinous crime.

[Bob Stewart]

May I make one comment? I bet the police had no idea that the gentleman was missing. And may I ask one question? I know the area under discussion. How can the police, who always do what they can to save lives, be blamed in any way for what happened? As the hon. Member for East Londonderry (Mr Campbell) said, it is definitely something to be laid at the door of the Provisional IRA and the people who actually did it. Have they been brought to trial?

[Sir Jeffrey M. Donaldson]

The hon. Gentleman is absolutely right. Any reasonable person who read the police ombudsman’s report would conclude that the police did not know the precise location where the explosive device had been left by the Provisional IRA, did not know all the circumstances surrounding the incident—the kidnapping and so on—and had only broad general intelligence about an imminent attack on the security forces. However, the ombudsman concluded that the police failed to uphold Mr Dalton’s right to life. His death is tragic, and our hearts go out to his family; I understand their anger and their concern, but in the end it is the Provisional IRA who are to blame for that death, not the Royal Ulster Constabulary. I do not believe that the RUC had information available to it that could have prevented Mr Dalton’s death. There is no evidence in the police ombudsman’s report to support any other conclusion, yet he is able to say that, on the balance of probabilities, the police failed in their duty to uphold Mr Dalton’s right to life. And he says that against a background where he has the power to arrest, detain, interview and search.

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[Bob Stewart (Beckenham) (Con)]

I was tempted not to speak, but I will be short. I want to say two things.

I served with the Royal Ulster Constabulary. I watched how it worked for three and a half years. I know 38 Kildrum Gardens in the Creggan. I was the intelligence officer in Londonderry in 1978. I watched Royal Ulster Constabulary officers go forward, while we gave them cover, to knock on doors and investigate suspicious activity. I find it absolutely appalling if there is any suspicion that the Police Ombudsman for Northern Ireland is not fair in dealing with those incredibly gallant men and women. The whole service thoroughly deserved the George Cross, but most of them actually deserved additional decorations. I am absolutely dismayed by what I have heard. I did not realise it was as bad as that. I will take an increased interest in the matter from now on as part of the Select Committee on Northern Ireland Affairs.

I am personally indebted to the way the Royal Ulster Constabulary and its officers protected my soldiers and acted when we were out there with them. It was not them and us, and “them” were not Catholics, Protestants, Jews or Buddhists. The Royal Ulster Constabulary did not give a damn who it was going to help—all it wanted to do was help. It is absolutely tragic if there is suspicion that the ombudsman is not giving credit to those extremely gallant men and women.

[Jim Shannon]

rose—

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[The Minister of State, Northern Ireland Office (John Penrose)]

It is good to be under your capable hand, Mr Owen, because it ensures that we stay just on the right side of any court case rules and do not prejudice anything. You have been carefully doing that and steering us aright.

I start, as others have, by congratulating the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) not only on securing the debate but on setting out such a properly considered and careful exposition of his concerns, which are shared, I think, by many of the other Members from whom we have heard. Although the right hon. Gentleman had to steer a careful course around the sub judice rules, he was right to make the central point that behind every single one of the legacy cases that have been cited in the debate and mentioned elsewhere, there is invariably a human tragedy. We have heard some examples today, but it is essential to remember that there are many, many others that could be mentioned, on all sides of the community in Northern Ireland, and they all deserve justice and to be treated equally and fairly.

The right hon. Gentleman rightly pointed out the Salmon principles—I will not try to do a legal job on them, but broadly speaking they are the central points that many people would naturally reach for—of fairness, due process and equality before the law. It is essential, no matter what processes and institutions we apply, that those central principles are front and centre and are adhered to, otherwise the family and friends of the victims of the troubles will never get the justice that everyone here has called for.

Other Members contributed strongly to the debate. My hon. Friend the Member for Beckenham (Bob Stewart) has personal experience, as he rightly pointed out, of operating during the troubles in Northern Ireland. We also had cogent input from the hon. Member for Strangford (Jim Shannon). The only remark of his with which I disagree was his description of his constituency as the most beautiful in the world, when clearly that applies to my own constituency of Weston-super-Mare. Beyond that, I suspect everyone agreed with many of the points he made. It was also good to hear from the Labour spokesman, the hon. Member for Rochdale (Tony Lloyd), a high degree of cross-party unanimity and consensus.

[Bob Stewart]

I commend the Opposition spokesman, because I took from what he said that this job is too big for one person, and more resources are required to do it properly.

[John Penrose]

That brings me neatly on to a point that I think everyone agrees on: it is essential that we all mark our support for the principle behind the office of the police ombudsman. If there is to be confidence in the operation of the police on all sides of the community in Northern Ireland, it is essential to have an ombudsman with the powers necessary to investigate current concerns and cases regarding the operation of the Police Service of Northern Ireland. Without that office, it would be much more difficult to maintain confidence across communities in the working of the PSNI. I am sure that everyone here supports the operation of that office, its continued existence, and its ability, where necessary, to investigate fearlessly and even-handedly.

However, the point has been made on both sides of the debate that in Northern Ireland that role is much broader, applying also to some of the most difficult and sensitive issues surrounding legacy cases from the troubles. That is a very unusual position. It is, inevitably, unique, because the position in Northern Ireland is, for many understandable but tragic reasons, also unique. That is one of the most important reasons why people have said that the current arrangements for dealing with legacy cases from the troubles are not passing the test for many people, on all sides of the community and the debate in Northern Ireland. The arrangements clearly need to be upgraded and improved. It is not just about the operation of the police ombudsman’s breadth of current responsibilities; it is also to do with something that I think the Labour spokesman mentioned: the coronial system, some of the legacy cases going through the courts and the inquest process. There are many other examples, too, which is why we are currently working through the 17,000 responses to the public inquiry into how to take forward the proposals for upgrading and improving the legacy process.

The hon. Member for Rochdale rightly mentioned the historical investigations unit, but there are other proposals to round out a potential solution for the legacy process, including proposals for an independent commission on information retrieval, an oral history archive, and implementation and reconciliation groups. There are many different possible elements to getting this right and doing it better for all sides. However, it is essential that we listen to the 17,000 proposals because, as the right hon. Member for Lagan Valley pointed out, behind many of them is a grieving family, a victim and a case of personal tragedy.

I recently looked around the door of the team who are going through the 17,000 responses to the legacy consultation. On one side of the room, against the wall, was a very large pile of boxes of submissions that they had already gone through. They had to do so with enormous care and respect, because of the tragedies that lie behind many of the proposals. On the other side of the room, I am happy to say, was a much smaller pile of boxes of submissions that the team had not yet gone through. They are working through the submissions as fast as they reasonably and decently can, given the sensitivity and importance of the material.

Once the team are through, we will not simply be able to issue the Government’s response. We will be able to say that the proposals for the historical investigations unit and the other new institutions are a starting point that we need to overlay with the results from the 17,000 proposals and ask, “What is the final answer? What will allow a settlement, a conclusion and, perhaps, peace and justice, and what will allow us to draw a line under an awful moment in Northern Ireland’s history in a way that provides justice for all sides?” Only then will Northern Ireland be able, perhaps, to begin to put this awful moment of its history a little further behind it and continue the process of healing.

At that point, it will be fairly straightforward for many of us to say that the role of the Northern Ireland police ombudsman will, sensibly, become rather more normal. The responsibility for the legacy cases will rightly be passed to the new institutions and processes, and the ombudsman role will become much more akin to ones that we see elsewhere in the United Kingdom, dealing mainly with current cases.

To leave a little time for the right hon. Member for Lagan Valley to respond, I finish by saying that I am very reassured to have heard that everyone here understands, salutes and agrees with the principle that justice must be done, that fairness must be achieved—no matter who, and no matter what—and that everyone should be equal before the law. The difficulty, of course, is that these legacy cases are incredibly difficult and sensitive—perhaps more difficult than many other kinds of justice that we have to administer in the UK. I therefore hope that when we have finished with the 17,000 submissions to the consultation, we will come up with a set of proposals for which there is cross-party and cross-community support, which will allow us to move forward at long last and make progress in this incredibly important and sensitive area.