John Downey

John Baron Excerpts

Wednesday 26th February 2014 Commons Chamber

[The Attorney-General]

I am not sure whether I can use nice words, but I shall do my best to answer the hon. Lady’s question honestly. Had the scheme operated in the way that was intended, then I have to say that I do not think there was any prospect of anyone, relatives or otherwise, being denied justice in relation to anybody who received such a letter. But that is on the basis that the scheme operated properly. It is quite clear that in this case it did not operate properly because Mr Downey should not have been sent this letter. We will have to wait and see whether this is some wider failure, which applies elsewhere, but certainly from the information that I was given when I looked into this matter at the outset, there was a system in place to try to ensure that every nook and corner was looked at before such letters were sent.

[Mr John Baron (Basildon and Billericay) (Con)]

However it is presented, the recipients of these letters are above the law. That is what this court decision has made clear. Will my right hon. and learned Friend confirm that a balanced approach will therefore be taken as regards former soldiers serving in Northern Ireland? We have heard that the authorities are already advertising for witnesses in the case of Bloody Sunday. Will he also answer one question that has not been answered so far? Who in the Government authorised these letters?

[The Attorney-General]

I disagree that the letters placed the recipients above the law.

[Mr Baron]

That is what the court has decided.

[The Attorney-General]

No; it has not decided that the letters placed people above the law. If the letters had been correctly sent to recipients against whom there was no evidence at the time on which criminal proceedings could be brought against them if they returned to the jurisdiction, they had no possibility of putting them above the law, and as I mentioned, the letters leave open the possibility that if evidence were to come to light implicating such individuals, they could still be prosecuted. The difficulty in the case of Mr Downey was that the evidence against him was already available at the time the letter was sent, which is why he should not have been sent the letter.

I am not in a position to comment on the position of former soldiers. I simply make the point that the general rules and principles of the rule of law apply, irrespective of who may or may not have committed an offence. But in any event, my own direct responsibilities do not extend to the Public Prosecution Service for Northern Ireland.

Those are the two points I would wish to make, but I reiterate that these letters did not amount to an amnesty.