High Court Judgment (John Downey)

Debate between David Simpson and Laurence Robertson

Thursday 27th March 2014 Commons Chamber

[Mr Laurence Robertson (Tewkesbury) (Con)]

I apologise to the right hon. Member for Belfast North (Mr Dodds) for missing the first few minutes of his speech. Thankfully, he spoke for half an hour so I was able to hear most of it.

I was part of the team that approached the Backbench Business Committee to ask for this debate. Up to that point we had had only an hour of discussion in the House of Commons when I tabled the urgent question on 26 February. This debate is useful because an urgent question does not allow the House full discussion.

Since 2010 the Select Committee has tended to concentrate on economic issues. We have looked at corporation tax, air passenger duty, fuel laundering and smuggling and the amounts of money being lost. We have touched on the armed forces covenant, and we are coming to the end of an inquiry into the structure of banking in Northern Ireland. In other words, we have tried to help to regenerate the economy in Northern Ireland, believing that to be very important for the prosperity of the people who live there, and with a view to attempting to cement the peace that has been achieved over the past 16 years or so. I am sure Committee members would have been happy to take that policy forward towards the next general election. However, that changed on 25 February.

Speaking for myself, I was not aware of any such scheme. I was obviously aware that the John Downey case was being considered as I got a telephone call that day explaining the judgment and letting me know the background to it. It came as a complete surprise to me that there was any such thing as an administrative scheme. It was a big surprise because in 2005 through to January 2006 I led for the Conservative party on the Northern Ireland (Offences) Bill, which attempted to grant an amnesty across the board. It was the realisation that that amnesty went across the board that caused Sinn Fein to stop supporting the Bill, and the Bill was subsequently withdrawn. I received a telephone from the then Minister of State, who asked to see me. He informed me that the Government were, in his words, pulling the Bill. There was no support for it and it was not going to happen.

I was not aware at that point or earlier or up to 25 February that there was any other way of dealing with the so-called on-the-runs. The Select Committee found itself in a changed position after 25 February. I have never known the members of that Committee to be so exercised over any issue as they have been over this, which has persuaded us to launch an inquiry into the background to this scheme and everything connected with it, despite the fact that there is a judge-led inquiry appointed by the Government, which we welcome, and an inquiry is being held by the Justice Committee in the Assembly, the leader of which I met just the other day. Both inquiries are welcome, and we will probably concentrate on different areas.

We start with the case itself and a stay being put on the case. We have taken legal advice on the matter. I am advised that the Government cannot appeal a stay. That was the advice that I received just yesterday. I would be glad to hear the Secretary of State’s response to that because it seems an extraordinary judgment that possession of a letter can take on greater importance than a murder charge. I make no suggestion as to whether Mr Downey is guilty or innocent. That is not the role of a politician and I do not have the facts to hand. But a murder charge was made—in fact, a charge of multiple murder and injury—yet possession of a letter appeared to assume greater importance than that charge. I find that very surprising indeed.

[David Simpson (Upper Bann) (DUP)]

Does the hon. Gentleman agree that there is a possibility that the letters in the Downey case may not have been sufficient in themselves without political influence?

[Mr Robertson]

I thank the hon. Gentleman for his intervention. He is a valuable member of the Select Committee and I am grateful to him for his support on this and many other issues. The point he makes is correct. Not being a lawyer myself, I cannot make a judgment on whether that is normal. My suggestion is that perhaps it is not normal. I understood courts always to look at the facts before them, but in this case the court seems to have relied on this letter, which concentrated on the fact that the PSNI did not want to question Mr Downey. It said only that in the PSNI’s belief no other police force in the United Kingdom wanted to question him—it was not a categorical assurance. That letter, weak and flimsy though it may sound, seems to have taken on a greater importance because of the political process. I would be the first to say that it is very important that we do not unravel the peace process or undo the enormous achievements in Northern Ireland, but the rule of law applies here, as well as the separation of powers between the Executive, Parliament and the courts, which has to be observed. I suggest that all the inquiries have that as the central motivation behind their opening.