Hallett Review

Ivan Lewis Excerpts

Thursday 17th July 2014 Commons Chamber

[Mr Ivan Lewis (Bury South) (Lab)]

I thank the Secretary of State for advance sight of her statement and the tone of her response. Today, as we reflect on the findings of Lady Justice Hallett’s report, it is important above all else that we remember the soldiers who lost their lives in Hyde park on that dreadful day in July 1982 and the suffering that their families continue to endure. That act was heinous and, like all terrorist atrocities, totally unjustifiable. The fact that those families are less likely to get either truth or justice will make that suffering worse. That is why the report was necessary. We have apologised for the catastrophic mistakes made specifically in the Downey case.

This inquiry is incredibly important for victims of the troubles and also for the wider public, so that we can address both legitimate concerns and frequently repeated falsehoods as we strive to build a better and shared future for Northern Ireland. We welcome Lady Hallett’s report today and accept her findings in full. Lady Hallett had limited time in which to complete her inquiry, but despite the time constraints she met more than 40 individuals and reviewed thousands of documents to prepare today’s report. We acknowledge her findings, including those that made it clear that there should have been a more systematic approach to the operation and ongoing review of the scheme.

There are lessons to be learned by both the Northern Ireland Office and the Police Service of Northern Ireland. We are of course concerned that there appear to be two other cases in which errors in letters have been identified, and Lady Hallett’s assertion that the PSNI review of cases will take years is also a source of concern. I will return to these points in my questions to the Secretary of State.

We are pleased that Lady Hallett shattered a number of myths. She makes it clear that the scheme was not unlawful, that files on terrorist offences were not closed by the PSNI and, most importantly, she states categorically on the very first page of her report that this administrative scheme was not an amnesty and nor did it ever amount to a get- out-of-jail-free card. We do not believe amnesty is the right approach to dealing with the past in Northern Ireland.

On legality, while Lady Hallett questions the structure of the scheme, she makes it clear on page 144 of the report that the administrative scheme was not unlawful. Furthermore, she goes on to say that

“the Downey ruling is confined to its own facts and is not binding on any other judge.”

On amnesty, Lady Hallett makes it clear on page 28

“that there was no question of the administrative scheme granting an alleged offender an amnesty or immunity from prosecution. It is clear from the views expressed at the time that the Attorney-General would not have agreed to the process had that been the intention or the effect. It is also clear that successive Attorneys-General maintained the same position throughout the life of the scheme.”

Finally, while Justice Hallett is right to conclude that the scheme was not secret, I acknowledge the concern of politicians and others who feel they should have been given more information about the nature and application of the scheme. This includes the First Minister and Justice Minister after the devolution of policing and justice in 2010.

I have a number of questions for the Secretary of State. On page 142, Lady Hallett identifies two further cases where letters issued might have contained errors. Can she update the House on these two cases and inform us what steps have been taken on each? Can she update us on the other inquiries commissioned back in February: the police ombudsman inquiry and the PSNI inquiry? Lady Hallett mentions these in her report and she expects the PSNI review to take “years”. Can the Secretary of State reassure us that the PSNI will be provided with the necessary resources to deliver a full and thorough process that can be concluded in a much shorter time scale?

The Secretary of State will agree that this issue of on-the-runs has opened up wider questions surrounding the use of the royal prerogative of mercy. Lady Hallett mentions on page 143 that she has

“identified no cases where the RPM was used as a pre-conviction pardon for an OTR”

on the lists that she held. Can the Secretary of State update the House on the ongoing investigation about those records that have gone missing from her Department pre-1997?

Finally, and perhaps most crucially, does the Secretary of State now accept that this report reinforces rather than undermines the urgent need for a robust, transparent and comprehensive process to deal with Northern Ireland’s past? It is now clear that the UK and Irish Governments must take a far more hands-on role in supporting Northern Ireland’s political parties to reach agreement both on the past and on parades. Until this happens, one can conclude only that stalemate will prevail, leaving a dangerous vacuum that is being filled by those who seek to undermine the peace process either through political means or, worse still, a return to violence.

As the Prime Minister has said, it would be wrong to be retrospectively selective about key elements of an historic peace process that ended 30 years of violence and terror. It was an extraordinary period, which demanded historic and difficult compromises. However, as a result of that momentous agreement, Northern Ireland has been transformed, and at grassroots level, there are numerous heart-warming examples of reconciliation and normalisation across communities. These changes should never be underestimated or taken for granted.

This remarkable progress did not happen by accident or simply through the passage of time. It would never have been possible without the courageous and visionary leadership of people like David Trimble and John Hume, without the huge risks taken by Gerry Adams and Martin McGuiness in renouncing violence and accepting that the constitutional status of Northern Ireland would only ever change with the consent of the people, or without Ian Paisley Senior’s willingness to reconcile long-standing, deeply held convictions with the democratic will of the people—a position that has been taken forward by Peter Robinson. It never would have happened, of course, without the contributions of many others in Northern Ireland, including right hon. and hon. Members in their places in this Chamber today, who allowed hope to triumph over fear.

I have to say that it would never have happened without the intensive engagement of the UK and Irish Governments working together. In a UK context, John Major deserves credit for starting the process, but what was decisive was Tony Blair’s decision to expend unprecedented prime ministerial capital on achieving peace in Northern Ireland. He was supported, of course, by the extraordinary Mo Mowlam and ultra-professional Jonathan Powell, not to mention successive Secretaries of State and junior Ministers such as the late Paul Goggins, whose memorial service last night was a truly fitting tribute to a very special parliamentarian.

I have to make this point because some would like to use the controversy generated by the on-the-runs as a stick with which to beat Tony Blair and to allow legitimate public concern to distort the truth about a peace process lauded around the world. This peace process, of course, was not a perfect one—there is no such thing—but it is a peace process of which I and my party remain incredibly proud. It has saved lives and allowed the current younger generation in Northern Ireland to grow up largely free from the fear and reality of violence. Let me be clear, Mr Speaker, that this is unlikely to have happened without Tony Blair and his Government. I end by echoing the Secretary of State’s thanks to Lady Justice Hallett for her comprehensive report.

[Mrs Villiers]

rose—