John Downey

Ian Paisley Excerpts

Wednesday 26th February 2014 Commons Chamber

[The Attorney-General]

My hon. Friend makes perhaps an important point. It is right to say that the letters were sent on the basis of decisions taken by both the Public Prosecution Service and the PSNI, in the context of Northern Ireland, and if domestic matters elsewhere in the UK were concerned, by their prosecutorial authorities. To that extent, it was an administrative system independently conducted of Ministers; I want to make that quite clear. However, it is also right that, at the end of the process, it was ministerial letters, or letters from officials, that constituted the giving of the information.

[Ian Paisley (North Antrim) (DUP)]

This is a sad and sorry affair, which unfortunately is written in the blood of our brave servicemen on the streets of this wonderful city. We should never lose sight of that. However, does the Attorney-General recognise that the case law now established by this case and its outworking has done grievous harm to the rule of law and how it is considered across the whole of the United Kingdom, and will continue to do so unless he takes specific steps to rescind all the letters to all the individuals, and does his best to find fresh factors or new evidence to prosecute—once again—Mr John Downey?

[The Attorney-General]

So far as rescinding of the letters is concerned, that is not a matter for me. [Interruption.] No, it is not a matter for me, acting in my capacity; I accept that it could be a matter for Government, but it is not a matter on which I can give such an assurance to the hon. Gentleman.

On the question of case law, let me make the position quite clear. There is very well-established case law about abuse of process, and cases being stopped on the basis of an abuse of process, particularly in relation to assurances given that an individual might not be prosecuted for something, has not just suddenly emerged. It is perfectly well established in our law and indeed is part of our rule of law, for the very good reason that assurances given by public administrations may be binding upon them if they lead somebody to do something to their detriment.

In this case, as I have made clear, we took the view that there were arguments that could properly be put forward to the court that, although there was an error, it did not amount to an abuse of process and was not justified. The court has taken a different view, but I do not think that one can draw general conclusions about other cases from this case, which falls on its own individual facts.