High Court Judgment (John Downey)

Jim Shannon Excerpts

Thursday 27th March 2014 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

I take the Floor greatly honoured to take part in the debate. I am always proud to represent my constituency in what is often called the greatest seat of democracy in the world, but today I have no pride in what has happened. I stand ashamed to learn what has been done by the previous Government and continued by the present Government.

I stood in this House in 2012 and raised the issue of why there had been no prosecution of Gerry McMonagle who, despite the overwhelming evidence, has never been tried for his crimes despite coming into Northern Ireland many times over the past number of years. As a result of what has happened in the past few months, I believe I know the reason.

In the Adjournment debate in this House at that time on the subject of Lexie Cummings, attended by my right hon. Friend the Member for Belfast North (Mr Dodds) and the shadow Secretary of State, I said:

“The family visit the grave of a true gentleman, Lexie Cummings, with questions in their minds and grief in their hearts. Who can answer their questions and give them closure? Questions must be answered, because the family cannot forget that Lexie Cummings was a good man and worthy of justice. They know that for a reason unknown to them, someone has seen fit to give an unrepentant republican murderer the opportunity to parade around, with no fear of justice, in his mayoral robes. That is cruelty in the extreme, and I am here today to ask for parity in the help provided to that family and others so that they can have closure“.

They deserve closure. I also said:

“It was an open-and-shut case, and yet questions must be answered. Why did William Gerard McMonagle not stand trial for the murder of Lexie Cummings? How was it that William Gerard McMonagle was allowed to travel across the border to safety and freedom, and to begin a new life, which has led to him being the mayor of Letterkenny today? Why was he never extradited, when it was known where he was? Why was there no co-operation between the Garda Siochana and the RUC to bring McMonagle to justice?”—[Official Report, 7 March 2012; Vol. 541, c. 980-81.]

Let me outline the case. In 1982, McMonagle was summoned to court to answer to the murder of Lexie Cummings. There was a mistake in the summons, and in the time that it took the RUC to get it corrected and bring it back, he walked out of court, walked across the border and never came back. I drew attention to the matter during my Adjournment debate in 2012 and also had an opportunity to speak to my colleague, Jonathan Craig, a Member of the Legislative Assembly who is also a member of the Policing Board. I asked him to make inquiries on my behalf. I believe that there is an evidential case to be answered by this gentleman for what he did and for the murder of Lexie Cummings.

I want to know why that happened, and what steps have been taken. It would be great to get an answer from the Secretary of State, because the former Minister of State answered in a non-committal way on that night, as some Members will remember. I believe that it was all down to a dirty backroom deal that began under Blair but was perpetuated by this Government. It gives me no satisfaction whatsoever to say that, but that is the way I see it. It was a deal in which unrepentant terrorist murderers were offered amnesty and even a royal pardon from the very royal family that they despised and wanted to kill—and, indeed, did kill in the case of Lord Mountbatten.

That is a bitter pill to swallow when I think of how proud people in Northern Ireland are to see their Queen and of the Jubilee visits during which Protestants and Catholics lined up for hours to catch a glimpse and show their respect. These men had vowed to destroy the monarchy and yet were more than pleased to get their hands on a royal prerogative pardon as facilitated by the Northern Ireland Office and the Secretary of State to wash away the repercussions of their disgusting crimes.

[Dr McCrea]

It is interesting that the said Liam Averill, who got the royal pardon, was back in court in Londonderry just a month ago, not for any of his crimes under the Terrorism Acts, but for charges related to drinking and driving a vehicle under the influence. The judge on the bench fined him £200, but of course he said he did not have £200. The judge said, “How much have you in your pocket?” He said, “I have £30.” “Right, I will change the £200 to £30.” Is that justice?

[Jim Shannon]

It most definitely is not, and everyone in this House would endorse that. It is an example of more salt being put in people’s wounds

There can be no earthly action that can ever wash away this guilt. I am also heartened that in the next world these people will answer for their crimes, as my hon. Friend the Member for South Antrim (Dr McCrea) mentioned earlier.

Sympathies given by a Minister of State about the deaths mean less than nothing to the families of my cousin Kenneth Smyth, murdered by the IRA on 10 September 1970, and Lexie Cummings. They are an insult to their memories and the memories of all the men and women who had their lives snatched away from them by murderers who were then hidden and protected by this Government and the previous Government. Is this democracy? No. Is this moral? No. Is this simply abhorrent and downright wrong? Yes it is. There can be no whataboutery and no justifications or explanations that can satisfy. Apologies have been heard, but they do not make black to be white, wrong to be right, or broken hearts to be mended. Do they rebuild trust? No, they do not do that, either.

In a question to the then Secretary of State in 2011 about the Historical Enquiries Team, I asked:

“The concern is that the investigations might not have been thorough, so does the Secretary of State accept that confidence needs to be instilled in the Unionist community”?—[Official Report, 30 November 2011; Vol. 536, c. 919.]

It is little wonder that the then Secretary of State would not agree, because they knew what had happened and what continued to happen on their watch, and they knew that it would not inspire confidence.

You can understand, Madam Deputy Speaker, why we on this side of the House and in this party—and I specifically—have concerns about how the Government have handled the matter. I look forward to the Secretary of State’s response; I hope she can take our points of view on board. I am deeply interested to hear how she will answer them and we look forward to that.

I want to mention a couple of other incidents, because I cannot let this occasion pass without mentioning them. There was the atrocity at La Mon hotel when many people were burnt alive—it is in my constituency. It has been intimated that some of those involved in that have risen to high positions, either in Northern Ireland’s jurisdiction or perhaps in jurisdictions elsewhere, in the Republic of Ireland. Do they have a paper of absolution that lets them get away with what they have done in the past? On behalf of the people in La Mon, I would certainly like to get more details about who has had absolution and how that has worked.

I also think of Ballydugan, where four Ulster Defence Regiment men were murdered. I knew three of those young UDR men personally. Eight people were arrested; they were questioned and then let out. Again, perhaps the Secretary of State can give us some indication of whether any of those eight people had papers of absolution or the “get out of jail free” card. If they had, I will certainly be asking for a re-investigation to be done in relation to them.

[Bob Stewart]

As a result of this extremely good debate this afternoon, I hope that those people with letters will get the message: they have not got a “get out of jail free” card. They have not got an amnesty, and the Police Service of Northern Ireland will now be turning its attention to investigating them and finding them.

[Jim Shannon]

That is exactly what I want to hear from the Secretary of State. I look forward to hearing that that is going to be the case.

The fact is now that not only have the Unionist people no confidence in the dealings of the Government, but the right-thinking moral nationalists are also disgusted by the revelations about the on-the-runs. Let me be rightly understood here: this is not simply an affront to one community but an affront to democracy and justice, and it will take some time for the people of Northern Ireland—whether man or woman, old or young, rich or poor, Protestant or Catholic—to ever again look without much suspicion on the actions of a Government who will take on terrorists on foreign shores, while protecting unrepentant terrorists on their own soil.

I hope that since 2010 Members will have recognised that I have tried in this House always to be very balanced. I have striven to look on the bright side in everything I do, as I do with my constituents as well, and I always attempt not to be too harsh in my comments. There is no bright side in this issue—just shady deals in back rooms. I cannot leave the debate with my usual hope and optimism that something can be done to make things better. Although the Secretary of State has tried to assure us that the letters cannot now be used as a “get out of jail free” card, will that restore confidence? There is a judicial review, but will that restore trust?

I have no plan or quick fix. Only openness and transparency will rebuild what has been destroyed because of what has taken place in the last few months. Many of my constituents have said to me, “I fear what else has been agreed behind our back.” If there is more bad news to come, Secretary of State, we need to know what that is going to be and whether there are any other shady deals that the previous Government have done and that this Secretary of State and the Government are carrying on.

I ask for the truth. The truth has to be heard here today. What I will always think of through this episode is the dirty dealing that rocked a nation and robbed trust in the very principles of democracy and freedom. That is how we feel about it.

The time has come to hold all the terrorists and murderers to account for their actions over the past 40 years, which they might think they have got away with. I believe that, as the hon. Member for Beckenham (Bob Stewart) said, it is up to the Secretary of State and this Government to make them accountable for their crimes, to do away with their bits of white paper and to put them in jail and let them rot there for the rest of their lives.

--- Later in debate ---

[Stephen Pound]

Let me say, not for the first time, that I appreciate the hon. Gentleman’s personal pain, which is felt by everyone in this House. He deserves considerable respect for the courage he has shown in continuing to raise these issues despite such pain.

The answer to the hon. Gentleman is similar to the answer I gave to the hon. Member for North Down (Lady Hermon) when she asked me about reconciling the irreconcilable in connection with the previously quoted comments by the former Secretary of State, my right hon. Friend the Member for Neath (Mr Hain). In other words, on the Floor of the House this afternoon I cannot answer the question on the basis of the information that I have been given and of which we are aware. That is partly why the three inquiries are under way, and I hope that they will achieve results. I was not privy to the discussions at the time. My right hon. Friend was, and he has already made a statement. I have made a note in response to the hon. Lady’s extremely potent expression about reconciling the irreconcilable, and I will ask him for the answer, but I regret that I cannot give it on the Floor of the House this afternoon.

[Jim Shannon]

rose—

[Stephen Pound]

However, I can give way to the hon. Gentleman.

[Jim Shannon]

The shadow Minister will have heard me outline a case in which there is clear evidence that should be taken on board in convicting and taking to court a gentleman now residing in the Republic who carried out a murder in Northern Ireland. Does the hon. Gentleman feel, as I do, and as many of us in this House do, that where there is evidence there should be an investigation, that there should be no amnesty for anybody as long as the evidence is there, and if the case has not been tried before the courts, it is time that it was?

[Stephen Pound]

Let me say this unequivocally: absolutely, that is the law. Where there is evidence of criminality, the law must run its course. If the person is living in a foreign jurisdiction, that is an issue we have to consider. I regret the use of the expression “get out of jail free” card. No one is walking around with that in their pocket; that is not the case. I hope that these matters will come out when the House gets to consider the various reports, certainly the review led by Lady Justice Hallett.

While there are the issues of legality and fine points of law, the one thing that most people reading Hansard or listening to the debate would be struck by is the immense courage and bravery of many of the speakers who have, from their personal experience, expressed their views. I particularly praise the right hon. Member for Belfast North (Mr Dodds) for refusing to allow himself or his party to go down the nihilistic road of destruction and tear down the structures because of this issue. That is a courageous statement that would not be massively popular with every single element in his constituency, and he deserves praise and credit, as does his party, for making it.

The hon. Member for Belfast East (Naomi Long) said—I think that this resonates with many of us, and I will never forget it—that the matter we are discussing today has undermined the peace process, not underpinned it. It is that serious. We have to realise that this is not a minor administrative issue; it is a major point that has to be considered in depth, and I very much hope that the three inquiries will do so.

I want to leave time for the Secretary of State to respond to those points. As the Prime Minister said, this is not the time to unpick the peace process. It is not the time to say, simply and in the name of expediency, that everything that has gone before should be forgotten. It cannot. We have heard from many speakers today how painful, raw and fresh the wounds still are. We cannot forget. We have to analyse and discover what went wrong, and we have to be open and honest about it. The fact that the current First Minister and Justice Minister were not privy to all the decisions is profoundly regrettable. I say no more than that, but I am sure the House will appreciate how much of an understatement that truly is.

I am very grateful to my right hon. Friend the Member for St Helens South and Whiston (Mr Woodward) for his contribution, which was extremely frank, open and helpful, and I very much hope that he will be involved in the various inquiries.

We have spent this afternoon talking above all about a time of great darkness when things happened that we regret. Every single one of us must bend every bone and strain every sinew to ensure that if we achieve nothing else in this House, it will be a move forward from that darkness into the light, where we can be open, honest and transparent, and where there is a better future for the people of that very brave part of the United Kingdom, because, frankly, they deserve no less than that.

With that in mind, I support the inquiries. I am very grateful for today’s contributions and apologise for not being able to respond in detail to some of the points that have been made. However, I will ensure that my right hon. Friend the Member for Neath will respond—I can assure the House of that—and profoundly hope that when this matter is again ventilated on the Floor of the House we will have more information.

--- Later in debate ---

[Mrs Villiers]

I of course extend my condolences to the relatives of those who lost their lives in the Enniskillen attack and, indeed, to all others who have suffered at the hands of terrorists, both in Northern Ireland and elsewhere.

The role of the Prison Service, along with other matters, is for the Hallett inquiry to consider. My understanding is that the connection with the Prison Service is that the individuals had absconded from prison and the Prison Service wished to know whether they were still wanted.

The PSNI’s records show that it received a further seven names that do not appear to have been passed to the NIO for consideration. As far as the NIO can establish at this point, the total number of cases in which the eventual outcome was an indication that the individual concerned was not wanted by the police appears to be at least 187, but the complexity in the way the process operated means that the full confirmed facts can be established only once the Hallett report has been published.

The process of reconciling the numbers has indicated that, within the totals that I have set out, 45 individuals had their cases considered under the current Government and that three of those names were passed by the PSNI to NIO officials during this Parliament. In 12 of the cases considered by the current Government, individuals were sent letters by the NIO stating that, on the basis of current evidence, they were not wanted by the police. No letters have been issued by the NIO since December 2012 and, as far as the Government are concerned, the scheme is over.

The outcome of the Downey case has led many to believe that the letters that were sent under the scheme amount to an amnesty from prosecution. That point was raised by my hon. Friends the Members for Beckenham (Bob Stewart), for Tewkesbury and for Amber Valley, the hon. Member for Strangford (Jim Shannon) and others.

[Jim Shannon]

Would the Secretary of State like to confirm on the record, in today’s Hansard, whether William Gerard McMonagle is one of the people who has a white paper that gives him absolution and that he will not be made accountable for his crime of killing Lexie Cummings? If the evidence is there but he has never been before a court, does she agree that he should be brought before one?

[Mrs Villiers]

I am not able to comment on individual cases today, but I assure the hon. Gentleman that if there is evidence to prosecute individuals, it is vital that the PSNI pursues that evidence and that prosecution takes place in the normal way.