Parachute Regiment: Arrest

Gerald Howarth Excerpts

Wednesday 18th November 2015 Commons Chamber

[Sir Gerald Howarth (Aldershot) (Con)]

(Urgent Question): Further to the question to the Prime Minister from my hon. Friend the Member for Filton and Bradley Stoke (Jack Lopresti), may I ask the Secretary of State for Northern Ireland if she will make a statement about the arrest of a former member of the Parachute Regiment who was on duty in Londonderry on 30 January 1972?

[The Parliamentary Under-Secretary of State for Northern Ireland (Mr Ben Wallace)]

I thank my hon. Friend for his question. As part of an ongoing investigation by the Police Service of Northern Ireland into the events surrounding Bloody Sunday in Londonderry in 1972, a former soldier was arrested for questioning on 10 November. He was subsequently released on bail. Criminal investigations and prosecutions are a matter for the police and prosecuting authorities, who act independently of Government. The Government cannot therefore comment on an individual case.

This Government are committed to the rule of law. Where there is evidence of wrongdoing, it is right that it should be investigated. We remain unstinting in our admiration and support for the men and women of the police and armed forces, whose sacrifice ensured that terrorism would never succeed in Northern Ireland and that Northern Ireland’s future would only ever be determined by democracy and consent. Whether the current investigations will lead to a criminal prosecution is a matter for the police and prosecuting authorities in Northern Ireland.

As my right hon. Friend the Prime Minister pointed out in his statement on Lord Saville’s report, more than 250,000 people served in Northern Ireland during Operation Banner, which was the longest continuous operation in British military history and one in which I was proud to play a part. The overwhelming majority of those who served carried out their duties with courage, professionalism and integrity. The Government will never forget the debt of gratitude we owe them.

[Sir Gerald Howarth]

Thank you for allowing me to pose this question, Mr Speaker. I pay tribute to my hon. Friend the Minister for his service in Northern Ireland.

When the Prime Minister made his memorable statement to the House in 2010 following the publication of the Saville report into the events of 30 January 1972—known elsewhere as Bloody Sunday—I and others hoped that a line would be drawn under that tragedy. We now find, however, that 43 years after the event and some three years after the PSNI started its further investigations, a soldier from the Parachute Regiment, known as Soldier J, who was in his early 20s at the time and is now in his late 60s, faces possible prosecution for murder. There is also a prospect of further arrests.

For two reasons, I submit that this is wrong. First, what national interest will be served in bringing these cases to court? The Saville inquiry found that there was no premeditation to murder in the minds of those young soldiers. One of those who was killed had four nail bombs in his pocket, and a witness said that Martin McGuinness was on the other side, probably armed with a Thompson sub-machine gun. Those soldiers of the Crown were not hired killers. They were seeking to do their duty to their country in a filthy civil war in which the enemy were dressed in civilian clothes and indistinguishable from the local population.

Secondly, as the Secretary of State said in response to a question from the hon. Member for Vauxhall (Kate Hoey) on 1 May 2014,

“the royal prerogative of mercy…was granted in Northern Ireland 365 times between 1979 and 2002”.—[Official Report, 1 May 2014; Vol. 579, c. 762W.]

The Saville report cost £195 million and took 12 years to compile, but our servicemen, then based in Aldershot, some of whom remain my constituents, had to make snap decisions, the consequences of which have hung over them for the whole of their adult lives.

What happened that day was a tragedy, particularly for the families of those who lost their lives. However, they are not the only bereaved. What about the families of the 1,441 British soldiers who died in Northern Ireland in the service of their country? There was no Saville inquiry into how they were killed, often brutally. There was no Saville inquiry into the murder of six civilian cleaning ladies and one Roman Catholic padre in Aldershot the following month. I submit that it is immoral for the state to seek nearly half a century after the event to put these men on trial, while others who deployed their bombs and bullets in the shadows are now in government or have received royal pardons—an act of government, not of the courts. I urge the Minister to exercise the royal prerogative of mercy with immediate effect.

[Mr Wallace]

I hear what my hon. Friend says. He has been a doughty and outspoken champion of not only the Parachute Regiment and his constituents, but Britain’s armed forces. This is not easy for me either; I know what it is like to make those decisions under pressure. But we should not forget that the British Army is not above the law, and nor should it be. That is the difference between us and the terrorist; it is what makes ours a professional Army around the world, admired by many, and sets it apart from some of those more tin-pot armed forces elsewhere in the world.

The House will have heard what my hon. Friend said about the use of the royal prerogative of mercy. What I will say to that is: I cannot comment on these individual cases, as they are obviously a matter for an ongoing police inquiry. It is long way from following a line of inquiry to charging and conviction in a court. I am sure the House will reflect on his call, but the Government cannot comment on this current case, and the police must be allowed to do their job and uphold the rule of law—the rule of law that I went as a soldier to uphold in my time in Northern Ireland.