High Court Judgment (John Downey)

Debate between John Baron and Laurence Robertson

Thursday 27th March 2014 Commons Chamber

[Mr Robertson]

My hon. Friend makes an important point. I do not want to go back to the Downey case in too much detail, because I am trying to make progress, but it was an extraordinary judgment.

I also question who received these letters: who are the on-the-runs? If a completely innocent person received a letter saying that they were not wanted by the police, that would be extraordinary. It does not happen; there has to be a reason why people were on the run. What exactly does “on the run” mean? What were they suspected of doing? What did they fear the police thought they might have done to put their names forward? Why did they need confirmation that they were not wanted? That is central to the whole debate.

I am also concerned about the number of letters that appear to have been sent out. I am not quite sure of the exact figures, but those I have suggest that 221 letters were sent out, with 10 being provided by the Prison Service, which I find a little confusing, and four by the Government of the Republic of Ireland, which I find a bit worrying. That is according to the statement made by the Secretary of State a couple of days ago. We are told that that does not amount to an amnesty, but what about the royal pardons? Again, the advice I have received is that those are normally issued following a miscarriage of justice, not to prevent a case from being brought against a person in the first place, and that prompts the question of what the pardons were issued for.

The timing of this issue is unfortunate, as I said during the urgent question. As we speak, the PSNI is advertising for people to come forward as witnesses to the Bloody Sunday killings of 1972.

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

Will the Committee’s inquiry also examine what seems to be a contradiction in that the final sentence of a written statement of 25 March states:

“If the Government had been presented with such a scheme on coming to office, we would have stopped it.”—[Official Report, 25 March 2014; Vol. 578, c. 16WS.]

That prompts the question of why the letters continued to be issued.

[Mr Robertson]

We will certainly ask about that, and I do not know why it was not devolved to the Northern Ireland Assembly when a Justice Minister was in place—a Justice Minister who confirmed to me and other members of the Committee that he did not know anything about the scheme. I do not know why the matter was not devolved, but it is something we will consider.

As I was saying, the PSNI is looking for people to come forward as witnesses to the Bloody Sunday killings. Let me say straightaway that I do not believe in any amnesties. If republicans have committed crimes they should be charged, if loyalists have committed crimes they should be charged, and if members of the security forces have committed crimes they should be charged. This seems to be a one-sided scheme. In 2005 the Government tried to open it up to everybody, but it was rejected by all parties and withdrawn because we do not believe in amnesties. It seems, however, that there is a scheme for certain members of the community but not for others, which cannot be right.

My hon. Friend the Member for Basildon and Billericay (Mr Baron) is quite right and the Committee will certainly consider why this issue was not devolved following the devolution of policing and justice in April 2010. We also published the terms of reference on 11 March. They are quite comprehensive and we want to carry out a full and deep inquiry. We do not want it to run on for ever, but we will certainly do it properly and interview a range of people including past and present Secretaries of State, Ministers, police officers, relevant civil servants, and others. The first session will be held next week with former senior police officers. Yesterday we appointed two eminent barristers—I cannot name them at the moment—including a Queen’s counsel, to become special advisers to the Committee during this inquiry.

It is important to recognise the progress made in Northern Ireland over the past 16 years, but there are no amnesties and no excuse for violence. The rule of law must be upheld by all concerned, so although I regret the need to delve into the past once again, it is sometimes necessary to do so in order to secure the future.