Armed Forces: Historical Cases

Ian Paisley Excerpts

Thursday 23rd February 2017 Commons Chamber

[James Brokenshire]

I will certainly take my hon. Friend’s point away and discuss it with colleagues from the Ministry of Defence to seek clarity for him and for those who may be in receipt of those letters.

I must also be clear to the House that we will never accept any kind of moral equivalence between those who sought to uphold the rule of law and terrorists who sought to destroy it. For us, politically motivated violence in Northern Ireland was never justified, whether it was carried out by republicans or loyalists. We will not accept any attempts to place the state at the heart of every atrocity or somehow to displace the responsibility for actions from where it may lie. I want to underline that we will not accept attempts to denigrate the contribution of the security forces and to give any kind of legitimacy to violence.

[Ian Paisley (North Antrim) (DUP)]

I agree wholeheartedly with the point that the Secretary of State is making. Yesterday at the Dispatch Box, the Prime Minister outlined what can only be described as the new gold standard for investigations. She made four commitments. She said that the system will reflect the fact that 90% of all killings were carried out by terrorists. She said that it would be

“wrong to treat terrorists more favourably than soldiers or police officers.”

She said that the investigative bodies have a

“duty to be fair, balanced and proportionate”.—[Official Report, 22 February 2017; Vol. 621, c. 1014-1015.]

She said that no disproportionate investigations will take place. How will the Government give effect to that gold standard, which we welcome?

[James Brokenshire]

The points that the hon. Gentleman raises are very much embodied in the Stormont House agreement and the legacy bodies and institutions referenced by the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson). If I may, I will come on to those issues in greater detail later.

Being the best in the world means operating to the very highest of standards. We expect nothing less, and I know that our armed forces would not have it any other way. As the noble Lord Stirrup put it in a recent debate in the other place:

“The need to act lawfully is not a side consideration for the Armed Forces; it is an integral part of the ethos and training.”—[Official Report, House of Lords, 24 November 2016; Vol. 776, c. 2076.]

We believe in the rule of law, and the police and armed forces are charged with upholding the law. They cannot operate above it or outside it. Where there is evidence of criminality, it should be investigated without fear or favour. In our view, however, what characterised the overwhelming majority of those who served was discipline, integrity, restraint, professionalism, and bravery—and we should be proud of them.

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[James Brokenshire]

It is important to underline that the Solicitors Disciplinary Tribunal’s hearing resulted in a decision to strike off Phil Shiner, and the credibility of a large number of IHAT’s remaining case load has now been firmly called into question. It is important that we respect, recognise and uphold that determination by the Solicitors Disciplinary Tribunal.

[Ian Paisley]

The Secretary of State is touching on the very important point of transparency and fairness in all of these investigations. The public prosecutor in Northern Ireland was formerly the solicitor for Sinn Féin. He handed in the names of the on-the-run people on behalf of Sinn Féin, and the Government dealt with that matter. Of course, that was brought to the attention of the Northern Ireland Affairs Committee when it investigated the on-the-run case. Does the Secretary of State agree that, given the perceived conflict of interest that the Director of Public Prosecutions for Northern Ireland has in his knowledge of senior republicans and their involvement in very serious and organised crimes, he should resile from involvement in all further parts of this matter?

[James Brokenshire]

I am afraid that I do not agree with the hon. Gentleman. The Public Prosecution Service of Northern Ireland has pursued prosecutions against a number of individuals for serious terrorist crimes during the troubles, and it continues to do so, as well as pursuing other cases. It is wrong to suggest that the PPS is in some way only applying itself to one side. I know that there are strong feelings in that regard, but it would be wrong to personalise the matter in this way. It is important, in terms of upholding the rule of law, that we should also uphold the independence of the police and of prosecutors. It is important to frame the matter in that context, but I acknowledge that people may have strongly held views.

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[Stephen Pound (Ealing North) (Lab)]

I congratulate the Secretary of State on an impassioned presentation. I think he spoke for all of us in this House and outside; his words were right, powerful, important and proportionate.

Today we may be speaking of the past, but the issues we are discussing have not gone away and there are still problems today. Yesterday’s incident in Ardanlee, which has been referred to, with a bomb exploding in the Culmore area, reminds us that what we do today has relevance. We are not just looking backwards. We are looking at the current situation, and we have to look forward to the implementation of Stormont House to ensure that there are no more incidents like that. The right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) was right to enunciate that terrifying litany of horror and place it on the record. We must never, ever begin to approach that scale of terror and horror again. All of us, surely, are united in that. Yesterday, Debbie Watters said that the police officer had a “very lucky escape”. That was the reality of it. Today people are still wearing the uniform and putting their lives on the line, and we have a bounden duty to support them.

That is why the Opposition welcome the DUP’s motion. Its wording is very sensible. How could we argue with the call that all

“processes for investigating and prosecuting legacy cases…are balanced and fair”?

We do not oppose that; we support it. We think it is absolutely right. Far be it from me to criticise the wording of the DUP motion, but I think it was significant when the Secretary of State added the word “proportional”.

It is important that we raise these matters on the Floor of the House. There is still a tendency in some parts to believe that what happens in Northern Ireland goes on in the wings, rather than centre stage. There are still some people who think that Northern Ireland is settled, over and finished—that it is a small part of the United Kingdom and a long way geographically, politically and economically from us here in Westminster. I give credit to all right hon. and hon. Members who bring Northern Irish business to the Floor of the House—it must be done. We have an absolute duty to consider these matters at every opportunity. On many occasions, I have heard speeches in the House on this subject that would stand the test of any of the great parliamentary speeches we have ever heard—the issue is that crucial.

Today is an odd day in that the eyes of the political establishment may be on other places, such as Copeland or Stoke. People might even be thinking of 2 March. It is almost irresistible to draw the House’s attention to the extreme irony of today’s Times of London newspaper, which describes the renewable heat incentive as wasting £450 million in Great Britain—

[Ian Paisley]

A year.

[Stephen Pound]

A year, as the hon. Gentleman rightly says.

Far be it from me to further impugn the reputation of Chris Huhne, but the temptation is there, and it cannot be denied that he was the Minister who came up with the idea. I have to say that those of us here have our own share of responsibility for not making more of an issue of it at the time. I think we can begin to understand why it was so attractive in Stormont at that time. I also see from today’s Times that Mr Huhne is now the European chairman of

“a US supplier of wood pellets.”

I leave those words hanging in the air, slowly smouldering in the Drax power station, as tons and tons of Canadian forest are chipped up, pelleted and brought over here.

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[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.

[Ian Paisley]

The shadow Minister will accept that one of the only cases in Northern Ireland of a miscarriage of justice, which resulted in people who had been charged with murder being released and exonerated, involved three former Ulster Defence Regiment soldiers—it is known as the Armagh Four or the UDR Four. That case alone removed from the books some 25% of the allegations against the UDR. That, too, should be reflected.

[Stephen Pound]

I bow to the hon. Gentleman. He knows far more about the subject than me. He lived through it in a way that I cannot even claim to have approximated. However, that is not necessarily the issue. We are not considering whether removing a group of people from a particular list equals a particular statistical anomaly. That is not what we are on about.

Today, we are talking about, first, a fair and proportionate investigation into every aspect of the troubles and, secondly, how best to progress matters to implement the Stormont House agreement. Thirdly, and perhaps most importantly, we are discussing how to build on a peace process that has as an essential component—

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[Sir Henry Bellingham (North West Norfolk) (Con)]

I congratulate the Democratic Unionist party on the motion, and particularly the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) on an impressive speech to open the debate. I thank the Secretary of State for his comments and, as always, it is a pleasure to follow the hon. Member for Ealing North (Stephen Pound). His emphasis on the peace process and the future was welcome.

The right hon. Member for Lagan Valley mentioned the figures involved, so I will not repeat them. He also made the point that there can be no legal or moral equivalence between what the terrorists did and what happened to the military, who were deployed in support of the police, acted under the rule of law and were subject to tight military controls and codes, including the yellow card. They were mainly young men and some women who never asked to go to Northern Ireland but were deployed there and showed incredible professionalism, and huge restraint when they were under great stress and provocation. At all times, they held their nerve, and, consequently, the reputation of the British military was enhanced around the world.

Every incident that involved killing or injury by the military was fully investigated at the time. There were regimental investigations and investigations by the military police, and in almost every case there were investigations by the Royal Ulster Constabulary and the civilian authorities.

I do not think that the armed forces of any other country in the world would have shown the restraint and professionalism that our armed forces showed. When mistakes were made, they were called to order. In the case of the killing of the two civil rights campaigners Michael Naan and Andrew Murray, three sergeants and one officer from the Argyll and Sutherland Highlanders were charged. Two sergeants, Sergeant John Byrne and Sergeant Stanley Hathaway, were charged with murder and sentenced to life imprisonment. A third sergeant, Iain Chestnut, was charged with manslaughter and sentenced to four years. The officer in charge of the platoon, Captain Andrew Snowball, who was not actually present at the farmhouse where the killings of the two civil rights campaigners took place, covered up what happened. He was subsequently charged and given a suspended sentence. He resigned his commission. The case shows that where the military stepped out of line it was investigated, and if charges were appropriate, charges were brought.

[Ian Paisley]

I thank the hon. Gentleman for making this point. It is absolutely essential that the record of this House reflects the fact that under Operation Banner the Royal Ulster Constabulary and Her Majesty’s Crown forces in Northern Ireland acted with the highest human rights-compliant record in any dispute anywhere in the world. That is without any challenge whatever. Some 30,000 officers carrying personal weapons and a minimal amount of illegal discharge from those weapons—that is a miracle given the provocation, with murders daily in our Province.

[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.