Armed Forces: Historical Cases

Danny Kinahan Excerpts

Thursday 23rd February 2017 Commons Chamber

[Stephen Pound]

Oh, Madam Deputy Speaker, how tempting it would be to follow the hon. Gentleman down the primrose path towards which he leads the innocent parliamentarian, but I have known him for longer than both he and I have been in this House and am able, on this occasion, to resist his blandishments.

[Danny Kinahan (South Antrim) (UUP)]

rose—

[Stephen Pound]

On the subject of resistance, I will give way to the hon. Gentleman.

[Danny Kinahan]

Will the hon. Gentleman note that when the same scheme came to Northern Ireland, 120 words, which was the cap, were taken out of it, and that is the whole reason why Stormont is now falling apart?

[Stephen Pound]

I crave the House’s indulgence and apologise for diverting us from an extremely important issue. Given that we are talking about Northern Ireland and 2 March is crucial, and that there is clearly a causal link, it was reasonable to mention the subject. It is equally reasonable to move on.

The Opposition will not oppose the motion. We will obviously support the wording, with which we agree, but let us try to get some facts right. An enormous amount of statistical evidence has been thrown about. Yesterday, the Prime Minister made comments at the Dispatch Box about the various percentages, proportions and numbers. This morning, the Police Service of Northern Ireland said that it is currently investigating 1,118 cases, of which 530 are attributed to republican paramilitaries, 271 to loyalist paramilitaries, 354 to security forces and 33 to unknown perpetrators. That gives a security forces percentage of 32%. However, in many ways that is not the issue. One of the key points is not just that 55 detectives in four teams are working on the matter, but that, if we try to break such things down and say that one side is more responsible than another—we can make such points and, as politicians, we have the duty and the responsibility to do so—we must bear in mind that the past has to be looked at objectively and with utter clarity. We have to investigate every aspect of it.

The hon. Member for Canterbury (Sir Julian Brazier) said that a tiny percentage of murders may have been committed by people in uniform—that was his analysis—horrifying though that sounds. If that is the case, with the higher duty that people who wear the Queen’s uniform have, each one must be investigated. That is key: everybody and everything must be investigated. There can be no concealed errors and no untouched dark corners. We have to look into every part of the past 30 years.

--- Later in debate ---

[Sir Henry Bellingham]

I agree entirely with the hon. Gentleman. I shall now remove a couple of paragraphs from my speech, because he has said what I was going to say.

Let us fast-forward to the current situation. The right hon. Member for Lagan Valley outlined the flawed process, in particular the arrest of veteran soldiers as part of the DPP’s vendetta against them. I referred to the case of Dennis Hutchings in a debate I secured on 13 December 2016. He was deployed to Northern Ireland with his regiment, the Life Guards. They were in an area, Dungannon and Armagh, where levels of disturbance were particularly high. All patrols were told to take special care. The regiment had suffered a number of shooting incidents, although none had been fatal. On 4 June, a patrol was ambushed by a group of young men who were in the process of transferring weapons to a car in the village of Eglish. The patrol was fired on and fire was exchanged. A number of people were arrested and a quantity of arms recovered.

On the following day, Corporal Dennis Hutchings, who was mentioned in dispatches for his exemplary bravery and leadership, led a patrol back into the area. The aim was to try to locate further arms caches near the village. The patrol chanced on John Pat Cunningham, who was challenged to give himself up. He behaved in a way that was suspicious. The patrol believed they were threatened and opened fire. We know there was a tragic outcome, because John Pat Cunningham was killed. This was investigated fully by the Life Guards, the military police, the RUC and the DPP. All four members were completely exonerated.

What happened next beggars belief. In 2011, Dennis Hutchings was called in by the PSNI Historical Enquiries Team and fully investigated. A comprehensive investigation, with which he co-operated fully, took place. He was told at the end of the investigation that no further action would be taken and that he could get on with his life, look after his grandchildren and great-grandchildren, and enjoy his retirement.

In 2015, there was a dawn raid on the corporal major’s house. He had been in very poor health, but he was arrested, taken to Northern Ireland for four days’ questioning and charged with attempted murder. He of course vehemently denied the charges. After 42 years, there were no witnesses left. The other three members of the patrol have died and the forensic evidence has disappeared. How can he get a fair trial now? He cannot receive a fair trial in these circumstances. The first thing I learned at law school was that any criminal case depends critically on credible and corroborated evidence.

[Danny Kinahan]

I congratulate the hon. Gentleman on all he is doing for Corporal Major Hutchings and on being very clear about his case. Does he agree that it is greatly concerning when we are told there are new ways of looking at evidence? Rather than trying to find new evidence, people are trying to find new ways to research it. Does he not think that that is wrong?

[Sir Henry Bellingham]

I absolutely agree with the hon. Gentleman and I will come on to that in a moment.

The key point about the Hutchings case is that it was fully investigated at the time. It was looked at by every available authority and organisation, and closed down at the time. Reopening cases now is revisionism. It is an attempt to rewrite history. It is trying to look at what happened then through the lens of 2017, when we have a whole new emphasis on human rights and different standards. It is perverse, wrong and completely unacceptable.

--- Later in debate ---

[Danny Kinahan (South Antrim) (UUP)]

What a moving speech we just heard from the hon. Member for Strangford (Jim Shannon)—well done to him indeed. I congratulate the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) on his powerful speech, which set the tone for today. I am really pleased that this debate is happening. I had hoped that we would have one ourselves, but we were not allowed to do so until after the election, so these proceedings are very timely, and I congratulate everyone involved.

The whole point of this lies in looking for fairness and balance in how justice is served, but what I really want to get across is that this is not just a Northern Ireland problem; these were our troops, from the whole of the United Kingdom, and this is a problem that this House must embrace all the way through. We cannot just say that it relies on the legacy being sorted out at Stormont, although we have a huge part to play there and all of us want to see that happen. This is a call for unity, with everyone pulling together so that we come up with a solution. If a Stormont Government are not in place after this election, the duty will fall on this House and all of us to find the right way forward. Let us ensure that we do that.

I have always wanted to say a huge thank you to all those who served in Northern Ireland—not just the soldiers and the security forces, but the community workers and the political staff. There is a mass of people who have done and are doing so much work, and they are the people we should praise. In my party, Doug Beattie, Steve Aiken and Andy Allen are ex-servicemen who show what we have all been through. Andy Allen lost his legs and his eyesight in Afghanistan. He is one of the greatest heroes we have, and he was, and will be again in the future, one of our Assembly Members. He has really gritted his teeth and found a way forward. We must all be proud of that.

I was pleased to hear mention of the Defence Committee report that was put together by the hon. Member for Plymouth, Moor View (Johnny Mercer). It contains terrific recommendations, and it was extremely sad to see how the Government dealt with it and took it from under him. The report has some wonderful recommendations about how we should approach future investigations. If I have any complaint, it is that it talks only about the future; it should consider present and future investigations. It is extremely good that IHAT has been closed down, but we need to look at the recommendations in the report and follow them because there are good ideas there that the House should take on board.

Last weekend, I met a senior officer in the services who told me that he came home the other day to find out that two plainclothes detectives had been knocking at his door, asking about the past. Naturally his wife was concerned, and his children were very concerned, as were the neighbours. That is just one example of what is going on at the moment, and that is why we are having this debate. Let us make the most of not only the report, but the chance we have to work together. We really have to find a way through this.

There are good mechanisms in place. The historical investigations unit is a good idea, but we must make sure it does not result in our looking at cases twice. It would be better to give the powers to the police and to carry on with what we are doing now, while making sure they have the powers and resources required to conclude on all matters.

We have to take on board the fact there is a continual tarnishing and blackening of the security forces in Northern Ireland in the papers every week, and we do nothing about it from our side. If one follows what Sinn Féin has been doing—this fits in nicely with the tarnishing I mentioned—one can see that it intends continually to do down our armed services. It calls them imperial and indisciplined, but we know that the 250,000 who served in Northern Ireland were, in most cases, most professional. We have to support them and to make sure that things are fair.

My interest started with the case of Corporal Major Hutchings, so I am pleased that the whole House has pulled together to make sure that we look at this issue. I welcome the Prime Minister’s comments about being fair, balanced and proportionate, but we have to act now. We cannot just keep waiting; we have to keep going.

[Bob Stewart]

It was a political decision in one case to allow someone’s sentence to be reduced from 105 years to only three years, so surely a political decision could be made to sort out this problem.

[Danny Kinahan]

The hon. Gentleman is right that it is a political decision, and we have the chance to make it. We must be sure that we do not just give amnesties to the terrorists; we need to find a way forward that involves equivalence. We must find a way that resolves it all. That is possible if we all sit down together.

We need truth and justice for the victims—that must be underneath everything—but there is one thing that has bothered me all the way through and I have found uncomfortable. We are in an election period, and we are being told that we should blame it all on the Belfast agreement, some of the architects of which are in this Chamber—indeed, one of them is the right hon. Member for Lagan Valley, who moved the motion. We should be working together, not attacking each other. It bothers me to hear that Jonathan Powell said in his book that certain members of the party that sits here with me tried to get Tony Blair to write to Dr Ian Paisley, who was our First Minister at the time, to say that they would accept the on-the-runs but blame it all on David Trimble. I hope that is wrong, but I put that out there, because election points were being made today. Nevertheless, to return to my main point, let us all work together.

[Mr Dodds]

Will the hon. Gentleman give way?

[Danny Kinahan]

No; I have finished.