Saville Inquiry

Baroness Harman Excerpts

Tuesday 15th June 2010 Commons Chamber

[The Prime Minister (Mr David Cameron)]

With permission, Mr Speaker, I would like to make a statement. Today, my right hon. Friend the Secretary of State for Northern Ireland is publishing the report of the Saville inquiry—the tribunal set up by the previous Government to investigate the tragic events of 30 January 1972, a day more commonly known as “Bloody Sunday”. We have acted in good faith by publishing the tribunal’s findings as quickly as possible after the general election.

I am deeply patriotic; I never want to believe anything bad about our country; I never want to call into question the behaviour of our soldiers and our Army, which I believe to be the finest in the world. And I have seen for myself the very difficult and dangerous circumstances in which we ask our soldiers to serve. But the conclusions of this report are absolutely clear: there is no doubt; there is nothing equivocal; there are no ambiguities. What happened on Bloody Sunday was both unjustified and unjustifiable. It was wrong.

Lord Saville concludes that the soldiers of Support Company who went into the Bogside

“did so as a result of an order… which should have not been given”

by their commander. He finds that

“on balance the first shot in the vicinity of the march was fired by the British Army”

and that

“none of the casualties shot by soldiers of Support Company was armed with a firearm”.

He also finds that

“there was some firing by republican paramilitaries... but... none of this firing provided any justification for the shooting of civilian casualties”,

and that

“in no case was any warning given before soldiers opened fire”.

Lord Saville also finds that Support Company

“reacted by losing their self-control... forgetting or ignoring their instructions and training”

and acted with

“a serious and widespread loss of fire discipline”.

He finds that

“despite the contrary evidence given by the soldiers… none of them fired in response to attacks or threatened attacks by nail or petrol bombers”

and that many of the soldiers

“knowingly put forward false accounts in order to seek to justify their firing”.

What is more, Lord Saville says that some of those killed or injured were clearly fleeing or going to the assistance of others who were dying. The report refers to one person who was shot while

“crawling… away from the soldiers”

and mentions another who was shot, in all probability,

“when he was lying mortally wounded on the ground”.

And the report refers to a father who was

“hit and injured by Army gunfire after he had gone to… tend his son”.

For those looking for statements of innocence, Saville says:

“The immediate responsibility for the deaths and injuries on Bloody Sunday lies with those members of Support Company whose unjustifiable firing was the cause of those deaths and injuries”,

and, crucially, that

“none of the casualties was posing a threat of causing death or serious injury, or indeed was doing anything else that could on any view justify their shooting”.

For those people who were looking for the report to use terms like murder and unlawful killing, I remind the House that these judgments are not matters for a tribunal, or for us as politicians, to determine.

These are shocking conclusions to read and shocking words to have to say, but we do not defend the British Army by defending the indefensible. We do not honour all those who have served with distinction in keeping the peace and upholding the rule of law in Northern Ireland by hiding from the truth. So there is no point in trying to soften, or equivocate about, what is in this report. It is clear from the tribunal’s authoritative conclusions that the events of Bloody Sunday were in no way justified.

I know that some people wonder whether, nearly 40 years on from an event, a Prime Minister needs to issue an apology. For someone of my generation, Bloody Sunday and the early 1970s are something that we feel we have learnt about rather than lived through. But what happened should never, ever have happened. The families of those who died should not have had to live with the pain and hurt of that day, and with a lifetime of loss. Some members of our armed forces acted wrongly. The Government are ultimately responsible for the conduct of the armed forces, and for that, on behalf of the Government—indeed, on behalf of our country—I am deeply sorry.

Just as the report is clear that the actions of that day were unjustifiable, so too it is clear in some of its other findings. Those looking for premeditation, those looking for a plan, those even looking for a conspiracy involving senior politicians or senior members of the armed forces, will not find it in this report. Indeed, Lord Saville finds no evidence that the events of Bloody Sunday were premeditated. He concludes that the United Kingdom and Northern Ireland Governments, and the Army, neither tolerated nor encouraged

“the use of unjustified lethal force”.

He makes no suggestion of a Government cover-up, and he credits the United Kingdom Government with working towards a peaceful political settlement in Northern Ireland.

The report also specifically deals with the actions of key individuals in the Army, in politics and beyond, including Major-General Ford, Brigadier MacLellan and Lieutenant-Colonel Wilford. In each case, the tribunal’s findings are clear. The report does the same for Martin McGuinness. It specifically finds that he was present and probably armed with a “sub-machine-gun”, but concludes

“we are sure that he did not engage in any activity that provided any of the soldiers with any justification for opening fire”.

While in no way justifying the events of 30 January 1972, we should acknowledge the background to the events of Bloody Sunday. Since 1969, the security situation in Northern Ireland had been declining significantly. Three days before Bloody Sunday, two officers in the Royal Ulster Constabulary—one a Catholic—were shot by the IRA in Londonderry, the first police officers killed in the city during the troubles. A third of the city of Derry had become a no-go area for the RUC and the Army, and in the end 1972 was to prove Northern Ireland’s bloodiest year by far, with nearly 500 people killed.

Let us also remember that Bloody Sunday is not the defining story of the service that the British Army gave in Northern Ireland from 1969 to 2007. That was known as Operation Banner, the longest continuous operation in British military history, which spanned 38 years and in which over 250,000 people served. Our armed forces displayed enormous courage and professionalism in upholding democracy and the rule of law in Northern Ireland. Acting in support of the police, they played a major part in setting the conditions that have made peaceful politics possible, and over 1,000 members of the security forces lost their lives to that cause. Without their work, the peace process would not have happened. Of course some mistakes were undoubtedly made, but lessons were also learnt. Once again, I put on record the immense debt of gratitude that we all owe those who served in Northern Ireland.

I thank the tribunal for its work, and thank all those who displayed great courage in giving evidence. I also wish to acknowledge the grief of the families of those killed. They have pursued their long campaign over 38 years with great patience. Nothing can bring back those who were killed, but I hope that—as one relative has put it—the truth coming out can help to set people free.

John Major said that he was open to a new inquiry. Tony Blair then set it up. That was accepted by the then Leader of the Opposition. Of course, none of us anticipated that the Saville inquiry would take 12 years or cost almost £200 million. Our views on that are well documented. It is right to pursue the truth with vigour and thoroughness, but let me reassure the House that there will be no more open-ended and costly inquiries into the past.

However, today is not about the controversies surrounding the process. It is about the substance, about what this report tells us. Everyone should have the chance to examine its complete findings, and that is why it is being published in full. Running to more than 5,000 pages, it is being published in 10 volumes. Naturally, it will take all of us some time to digest the report's full findings and understand all the implications. The House will have an opportunity for a full day's debate this autumn, and in the meantime the Secretaries of State for Northern Ireland and for Defence will report back to me on all the issues that arise from it.

This report and the inquiry itself demonstrate how a state should hold itself to account and how we should be determined at all times—no matter how difficult—to judge ourselves against the highest standards. Openness and frankness about the past, however painful, do not make us weaker; they make us stronger. That is one of the things that differentiates us from the terrorists. We should never forget that over 3,500 people, from every community, lost their lives in Northern Ireland, the overwhelming majority killed by terrorists. There were many terrible atrocities. Politically motivated violence was never justified, whichever side it came from, and it can never be justified by those criminal gangs that today want to drag Northern Ireland back to its bitter and bloody past. No Government I lead will ever put those who fight to defend democracy on an equal footing with those who continue to seek to destroy it, but nor will we hide from the truth that confronts us today. In the words of Lord Saville:

“What happened on Bloody Sunday strengthened the Provisional IRA, increased nationalist resentment and hostility towards the Army and exacerbated the violent conflict of the years that followed. Bloody Sunday was a tragedy for the bereaved and the wounded, and a catastrophe for the people of Northern Ireland.”

Those are words we cannot and must not ignore, but I hope what this report can do is mark the moment when we come together, in this House and in the communities we represent; come together to acknowledge our shared history, even where it divides us; and come together to close this painful chapter on Northern Ireland's troubled past. That is not to say that we must ever forget or dismiss that past, but we must also move on. Northern Ireland has been transformed over the past 20 years and all of us in Westminster and Stormont must continue that work of change, coming together with all the people of Northern Ireland, to build a stable, peaceful, prosperous and shared future. It is with that determination that I commend this statement to the House.

[Ms Harriet Harman (Camberwell and Peckham) (Lab)]

May I thank the Prime Minister for his statement? As he said, it is more than 12 years since the then Prime Minister Tony Blair set up the Saville inquiry to establish the truth of what happened on what became known as Bloody Sunday. For the 14 families whose loved ones were killed, for the 13 who were injured, for the soldiers and their families, for all those whose lives would never be the same again, the report has been long-awaited. We all recognise how painful this has been, and the Prime Minister has been clear today. He said that there is no ambiguity, that it was wrong; he has apologised and we join him in his apology.

I also join the Prime Minister in thanking Lord Saville and all those whose work contributed to the report. The report speaks for itself and it speaks powerfully.

I remind the House of what Tony Blair said on the day that the House agreed to establish the Saville inquiry. He said that Bloody Sunday was a day we have all wished “had never happened” and that it was “a tragic day” for everyone. I reiterate his tribute to the dignity of the bereaved families, whose campaign was about searching for the truth. He rightly reminded the House of the thousands of lives that have been lost in Northern Ireland. May I restate our sincere admiration for our security forces’ response to terrorism in Northern Ireland? Many lost their lives. Nothing in today’s report can or should diminish their record of service. They have been outstanding.

The Prime Minister has acknowledged that the Saville inquiry was necessary to establish the truth and to redress the inadequacy of Lord Widgery’s inquiry, which served only to deepen the sense of grievance, added to the pain of the families of those who died and were injured, outraged the community and prolonged the uncertainty hanging over the soldiers. I am grateful to the Prime Minister for reminding the House that the setting up of the Saville inquiry played a necessary part in the peace process. Does the Prime Minister agree that, notwithstanding the considerable cost of this inquiry, its value cannot be overestimated in both seeking the truth and facilitating the peace process? Does he believe that Saville has now established the truth?

How the Government handle the report is of great importance, so I thank the Prime Minister for committing to seek a full day’s parliamentary debate on it. Will he consider allowing for a period of time between the debate in each House, so that what is said in this House may be considered before the debate in the Lords? When will he be in a position to say what, if any, action will be taken in Government as a result of the findings of the Saville report? What will be the decision-making process, and will the process be as transparent as possible?

The Prime Minister must recognise that some will no doubt raise the possibility of prosecutions. The prosecution process is independent, but has he been asked to consider the question of immunity from prosecution if we are instead to take things forward by a wider process of reconciliation? Is the time now right to move towards a process for reconciliation, building on the work of the Consultative Group on the Past, chaired by Lord Eames and Denis Bradley? Can there now be a comprehensive process of reconciliation to address the legacy issue of the troubles, such as that proposed by my right hon. Friend the Member for St Helens South and Whiston (Mr Woodward) when he was Secretary of State for Northern Ireland? Does the Prime Minister agree that that is what is now necessary?

The peace process is a great achievement by the people of Northern Ireland as well as by politicians. It is a process built on the value of fairness, equality, truth and justice. This House has played its part, not least in agreeing to the Saville inquiry. The Belfast agreement, the St Andrews agreement and, of course, this year’s Hillsborough castle agreement are all great milestones on the path to a lasting peace. Does the Prime Minister agree that the completion of devolution just a few weeks ago is relatively new and fragile and still requires great care? Our response to Saville must be as measured as it is proportionate. We have sought the truth; now we must have understanding and reconciliation.

May I conclude by expressing the hope that while people will never forget what happened on that day, this report will help them find a way of living with the past and looking to the future?

[The Prime Minister]

May I thank the right hon. and learned Lady for what she has said? I do not think there are any significant divisions between us on this vital issue and, as she said, how we respond to this matters: it matters for the peace process, it matters for the families and it matters for our country. She is right that the value of this is getting to the truth. Of course we can argue about the process, the time and the money, but that is secondary to the issue of the substance, and the substance is about getting to the truth on this issue. The right hon. and learned Lady raised a number of specific questions, and I shall try to deal with them.

The idea of leaving a period of time between the debates in the Commons and the Lords is very sensible, and I will ask my right hon. Friend the Leader of the House to look at that—although, of course, we are not responsible for timings in the Lords. In terms of the action the Government should take, I should point out that this report is 5,000 pages long; as the right hon. and learned Lady has seen, it is the most enormous document, and it will take some time to go through all of it and identify all the points that need to be responded to. That will be led by my right hon. Friends the Secretaries of State for Defence and for Northern Ireland. They will consider it and come to me with suggestions for what needs to be followed up, and I think we will have to see how others respond to this very full report too.

The right hon. and learned Lady raised the question of prosecution. She is right, of course, to say that these are decisions for the Director of Public Prosecutions to take in Northern Ireland and that should be entirely independent. On the issue of immunity, I am informed by the Advocate-General that the evidence given to the inquiry is subject to the undertaking given by the Attorney-General in February 1999

“that evidence given by witnesses to the Inquiry would not be used to the prejudice of that person in any criminal proceedings except proceedings where the witness is charged with giving false evidence.”

I think that is the right position.

The right hon. and learned Lady will know that we do not agree with some parts of the Eames-Bradley report, particularly the idea of universal recognition payments; we do not think it is right to treat terrorists and others in the same way. I think that it is right to use, as far as is possible, the Historical Enquiries Team to deal with the problems of the past and to avoid having more open-ended, highly costly inquiries, but of course we should look at each case on its merits. May I thank her again for the way in which she has responded to this important statement for Britain, for Northern Ireland and for a peaceful future for our country?