Legacy Issues: Northern Ireland

Lord Bellingham Excerpts

Tuesday 13th December 2016 Westminster Hall

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

I beg to move,

That this House has considered legacy issues arising from cases in Northern Ireland.

It is a pleasure to serve under your chairmanship, Ms Dorries. I think all of us agree that the Northern Ireland peace process has surpassed all expectations. Who could ever have dreamt 20 years ago that we would see in the Northern Ireland Administration both Democratic Unionist party Ministers and Sinn Féin Ministers? It is in everyone’s interest that the peace process continues and endures.

I will say something about the legacy. I remind colleagues that 3,500 people were killed. Of those, 2,000 were killed by republican terrorists, 1,000 were killed by loyalist paramilitaries and 368 were killed by security forces. In total, 722 members of the security services were killed, which includes 477 serving British soldiers. The overwhelming majority of those deaths were fully investigated. The vast majority of wrongdoers were brought to justice. A very small number remain unsolved, and I understand the desire of some of those victims’ relatives for closure. However, we have to be cautious. We simply cannot get away from the obvious fact that these events took place many, many years ago, and much of the evidence has disappeared.

In 2010, the Police Service of Northern Ireland set up the historical inquiries team to look at various cases. I understand that it completed investigations into 1,615 cases. It then set up the legacy investigation branch in January 2015 to look at the remaining 923 cases. Of those, 379 were republican cases, including 228 so-called on-the-runs, 230 were loyalists, and 283 were security forces. The active caseload is eight republican cases, one loyalist and five security forces. That means there are 911 cases outstanding. This could go on for many years. So far, the cost has been £33.2 million.

The cases are split pretty evenly between republicans, loyalists and security forces. However, I believe strongly that there cannot be any parity or moral equivalence between paramilitaries and terrorists and members of the armed forces. Those brave members of the armed forces were doing their duty, wearing the uniform of the Crown and working to keep the peace. We should not forget that the Army was originally called into Northern Ireland to restore order and to protect Catholics. The vast majority of those soldiers were young people, conducting themselves invariably to the highest possible professional standards and following the Yellow Book. The terrorists and paramilitaries, on the other hand, had one simple plan and aim in life: to kill and injure.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Gentleman on securing this debate. He clearly outlined the case for British soldiers who courageously, energetically and within the law did their job to an exemplary standard. Does he share my concern, as many people in Northern Ireland do, that at 60 or 70 years old, these men are thrown to the wolves? Does he think that should happen?

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[Sir Henry Bellingham]

I will come to that in a moment. Dragging veterans—people in their 70s and 80s—out of their retirement to face trial when most of the evidence has long since disappeared is a fundamental breach of the military covenant.

[Mr Julian Brazier (Canterbury) (Con)]

In that context, may I mention Corporal Major Dennis Hutchings? He served in the same squadron as a very dear friend of mine—an extremely brave soldier. A terrorist was killed in an incident in which three soldiers were involved. He is the only one who is still alive. How can he ever have a fair trial?

[Sir Henry Bellingham]

My hon. Friend anticipates what I am coming on to.

In the Province, 1974 was an incredibly difficult year. A large number of people—just under 300—were killed. It was a very tough and challenging year indeed, with a number of serious incidents. Colleagues will remember the M62 coach bombing, when 12 people were killed by the IRA. They will remember the Provisional IRA bomb that exploded outside the Houses of Parliament, injuring 11 people and causing extensive damage. They will remember the Guildford bombings, carried out by the IRA, and the Birmingham bombings. During that summer in the troubled Province, the Life Guards—one of the most senior regiments of the British Army—were deployed to Armagh, Dungannon and Cookstown. They had a very tough tour, with predominantly young soldiers on the frontline who were under a great deal of pressure but at all times behaved with the utmost professionalism.

I want to look at the Army report of some incidents that took place around that time. The report states that the threat level against the Life Guards in the areas around Dungannon and Armagh was particularly high. All patrols had been warned to take special care. A number of shooting incidents involving the Life Guards had occurred close to Eglish, and it was generally believed that the unrelated non-fatal shooting of a soldier from the Life Guards on 4 June was in direct retaliation to an arms find in that area. The same day, a Life Guard foot patrol surprised a group of young men who were in the process of transferring weapons into a car in the village of Eglish. The patrol was fired upon, and an exchange of fire took place. Three men were arrested, and a quantity of arms and explosives were recovered. At least three gunmen escaped.

During that particular incident, Corporal Major Dennis Hutchings, to whom my hon. Friend the Member for Canterbury (Mr Brazier) referred, was mentioned in dispatches for his exemplary bravery and leadership. Two days later, Dennis Hutchings led a patrol of four men in a follow-up operation aimed at locating further arms caches near the village of Benburb. They chanced on John Pat Cunningham, who was challenged to give himself up—he was behaving in a suspicious manner. The patrol believed they were threatened. They opened fire and, as we know, John Pat Cunningham was tragically killed. It transpires that he was not a terrorist but an innocent civilian. It was a tragic case of mistaken identity.

That incident was investigated fully by the Life Guards. It was investigated by the military police, the Royal Ulster Constabulary and the Director of Public Prosecutions. The four patrol members were completely exonerated and cleared, and the regiment believed that was the end of the matter. If we fast-forward to 2011, Dennis Hutchings was staggered and flabbergasted when he was investigated by the PSNI historical inquiries team. A comprehensive investigation took place at the time. He co-operated fully and was told, after a short period, that no further investigations would take place because there was no case to answer and the whole matter could be closed. He specifically asked whether that was the end of it and was told that it was, so he went back to his retirement, to his grandchildren and great-grandchildren, and got on with his life.

We now fast-forward to April 2015, when there was a dawn raid on the corporal major’s house in Cornwall. By then he was in very poor health. He was arrested, taken to Northern Ireland for four days of questioning and then charged with attempted murder—of course, a charge he vehemently denies. After 42 years, there are no witnesses left. The three other members of the patrol have died. There is no forensic evidence. There are no weapons left.

I was certainly taught at law school that one of the key tenets of criminal justice is the need for credible, current and corroborated evidence. It is beyond belief that he has been charged. There is no conceivable way he could ever receive a fair trial without proper evidence. These charges fly in the face of all the basic rules of criminal justice. We are seeing an outbreak of revisionism. We cannot simply revisit cases from 42 years ago and try to reinterpret them through the prism of the 21st century, with its emphasis on human rights.

[Gavin Robinson (Belfast East) (DUP)]

The hon. Gentleman might take comfort from the Secretary of State’s words last week at Northern Ireland questions, when he said that

“the system is heavily focused on the 10% rather than the 90%, and the balanced, proportionate measures that I put forward will assist in changing that.”—[Official Report, 7 December 2016; Vol. 618, c. 199.]

[Sir Henry Bellingham]

That gives me a certain amount of comfort.

What has changed? There is no new evidence, but what has changed is that the DPP in Northern Ireland is now Barra McGrory, QC—the same person who represented Martin McGuinness in the Saville inquiry. This is the person who is prepared to move away from credible evidence to political decision making, which I find very worrying. It has to be stopped. There are potentially 278 more cases involving the security forces. I do not want any more veterans to be dragged out of their retirement homes any more than I want Sinn Féin councillors to be dragged out of council chambers.

[Sammy Wilson (East Antrim) (DUP)]

Has the hon. Gentleman not hit the nail on the head? This is not about opening cases to find out who is guilty or not guilty. It is about political revisionism, rewriting history, and trying to move the blame from the terrorists to those who served their country faithfully. The Government ought to get a grip on this now and say, “No more.”

[Sir Henry Bellingham]

I agree entirely. I will quote what my right hon. Friend the Prime Minister said back in October. She said that

“we will never again in any future conflict let those activist, left-wing human rights lawyers harangue and harass the bravest of the brave, the men and women of our Armed Forces.”

Furthermore, in a letter from my right hon. Friend the Minister for the Armed Forces, dated 15 November, to my hon. Friend the Member for South East Cornwall (Mrs Murray), he said that we

“‘will always salute the remarkable dedication and courage of the RUC and our Armed Forces in defending the rule of law and in ensuring that Northern Ireland’s future would only ever be determined by democracy and consent. We will never forget the debt we owe them…we will also never accept ‘equivalence’ between the security forces and those who carried out acts of terrorism’.”

I submit in conclusion that we have to find a way forward. We have to draw a line under this. We have to see the scrapping of the legacy investigation branch. I suggest to my hon. Friend the Minister that he look at what happened in South Africa. If he does not want to scrap the legacy investigation branch and put a line under this, could he look at something along the lines of the Truth and Reconciliation Commission and amnesty committee that South Africa set up so successfully? The alternative does not bear thinking about. It would represent a betrayal of our armed forces and a tearing up of the military covenant, and could imperil the entire peace process.

[Sir Gerald Howarth (Aldershot) (Con)]

I represent the home of the British Army and have constituents in their 70s and 80s who still await a potential knock at the door. My hon. Friend has made a powerful speech. Does he agree that what is being done will seriously damage the morale of British troops? If they feel that their Government are not prepared to stand by them, they will think, “What is the point in putting my life on the line for my fellow citizens?”

[Sir Henry Bellingham]

I fear that if we do not draw a line under this, we will be not just undermining the morale of our armed forces, but betraying veterans. We could also imperil the entire peace process.

[Nadine Dorries (in the Chair)]

Sir Henry Bellingham has agreed to give four minutes to Danny Kinahan.