Bloody Sunday Inquiry

Lord Browne of Belmont Excerpts

Wednesday 13th October 2010 Lords Chamber

[Lord Browne of Belmont]

My Lords, the Saville report is a thorough examination of the events and issues arising from Bloody Sunday. The Prime Minister has apologised to the families of those who died. Loss of life has a direct, negative effect on families and communities for generations, and he refused to defend the indefensible. The state is an arbiter of justice and must be held accountable to maintain its credibility. The Chief of the General Staff, General Sir David Richards, has endorsed the Prime Minister's apology, and Army procedures have been amended to ensure that there is no recurrence of incidents of a similar nature.

However, it should be remembered that the events of Bloody Sunday took place at a time when Northern Ireland faced great political and social instability. In 1972, 140 members of the security forces and 250 civilians were killed on the streets of the Province. We all owe an immense debt of gratitude to those who served in the security forces. Without their bravery and dedication, the number of civilian deaths would undoubtedly have been very much greater. There were many who paid with their lives, and their families had to deal with loss and bereavement.

The report gives rise to a number of moral, political and financial questions concerning future prosecutions, treatment of the past and the enormous cost of this type of inquiry. These have important implications for future policy, each of which I shall attempt to address in turn.

The possibility of instituting criminal proceedings against some Army personnel is under consideration. Some have suggested that a verdict of unlawful killing should close the matter. Others consider that soldiers who lied may have committed perjury. This matter, too, is under investigation. I have no hesitation in supporting strongly the maxim that everyone is equal before the law and equally subject to its terms. However, for several reasons, I do not believe that prosecutions of military personnel in these circumstances would constitute an even-handed application of the law.

First, it is always easier to prosecute agents of the state, who may be held accountable for their actions and are readily identifiable, than terrorists, who are unaccountable and usually unidentifiable. Secondly, since it is now almost 40 years since the events took place, much of the relevant evidence must inevitably be unreliable. Thirdly, many IRA prisoners were released early from prison under the terms of the Belfast agreement. To apply different sentencing rules to proceedings against military personnel would be unjust. Finally, the undertaking given by the Attorney-General in 1999 that witnesses at the inquiry would not be able to incriminate themselves should not be ignored.

Several suggestions have been made concerning future expedients for investigation of past events and promotion of reconciliation between the two communities in Northern Ireland. Recently, proposals for further inquiries on the Saville model have been widely canvassed. I believe strongly that these are misguided both on practical and financial grounds. Clearly, it is difficult to distinguish in terms of gravity between the facts of Bloody Sunday and those of many more other tragic incidents. One thinks, for example, of what has become known as Bloody Monday in 1972, when the IRA placed a no-warning car bomb in the Londonderry village of Claudy. Nine people were killed and 32 injured. The report of an eight-year investigation published in August this year concluded that a Catholic priest was directly involved: this fact was concealed by senior police officers, government Ministers and the Catholic hierarchy. Undoubtedly, the families of the Claudy victims have feelings of betrayal and injustice. Clearly, they also deserve our sympathy and recognition.

Nevertheless, in my opinion, their interests would not be best served by the establishment of another Saville-type inquiry. Saville was sui generis. The inquiry formed an integral part of the negotiations leading to the Belfast agreement. Furthermore, huge media attention meant that the worldwide reputation of the British Army and British justice were at stake.

We have heard that the Saville inquiry cost around £200 million. It is reported that 14 lawyers became millionaires during the 12 years of its deliberations.^. Vast sums of public money have also been spent on inquiries into the deaths of Billy Wright, Rosemary Nelson and Robert Hamill. However, do such inquiries, which primarily examine the state’s role in the relevant events, really benefit the victims, their families and indeed society as a whole? May not further examination of painful events lead to greater alienation of communities rather than the healing of divisions?

In my view, scarce public funds could be put to better use in ameliorating the quality of life of victims and their families. Indeed, in Northern Ireland, a Commission for Victims and Survivors has already been established and four victims commissioners have been appointed: the search for a satisfactory method of providing aid to victims should not be abandoned.

There are proposals to establish a legacy commission or a South African-style truth and reconciliation commission, but I believe that they would have little merit. Archbishop Desmond Tutu, who headed the latter body, considered that a similar commission might not be effective in Northern Ireland. More specifically, Judge Albie Sachs of South Africa’s Constitutional Court acknowledged that the commission emerged from intense and specific needs in that country. In contrast, Northern Ireland was never governed by an apartheid regime: it was a liberal democracy threatened by terrorism where no one was ever denied voting rights on grounds of ethnicity or religion. This essential truth is often obscured by the fog of propaganda that usually surrounds political developments in Northern Ireland.

Moreover, the South African commission was established after the cessation of the ANC’s campaign of violence. Regrettably, recent bomb attacks in Northern Ireland are clear evidence that a significant number of Irish republicans have not abandoned violence as a political tool. For that reason, the moral dilemma posed by the possible grant of immunity from prosecution remains acute.

It has been suggested that a legacy commission which would not offer an amnesty might be more appropriate. However, if immunity were not offered, it is unlikely that perpetrators of terrorist acts would be prepared to testify; as a result, such a body would necessarily be ineffectual. In the light of the issues I have raised, can the Minister give an assurance that no new or existing body will be given the power to grant immunity from prosecution for any act of terrorism committed in Northern Ireland after today’s date?

Effective ways of dealing with the past do exist. The Historical Enquiries Team, a unit of the Police Service of Northern Ireland, is still working on outstanding cases. Its main aim is to bring closure to those families who have unanswered questions about the death or disappearance of loved ones. The team has a running cost of over £6 million while the PSNI spends around £11 million a year on investigating and reviewing past murders and inquests. This represents public money well spent; proper funding of existing bodies is usually more effective than the creation of new, controversial and often expensive quangos.

Another constructive proposal that has been supported by Northern Ireland’s First Minister, Peter Robinson, is the establishment of an aural and video archive for victims and survivors of the Troubles. This would be a relatively inexpensive way of facilitating research by victims and survivors who wished to learn more about incidents which affected them. Above all, the views of victims’ relatives and of survivors should be listened to with empathy and respect. If they wish to recall past events, their accounts should be recorded with understanding and sensitivity. The foundation of a memorial bursary might be a fitting recognition of their suffering, which would at the same time leave a positive legacy for future generations.

To provide closure, the truth must be told, but a plethora of costly inquiries is not a necessary prerequisite for this. There comes a time when it is in the interests of all to move on rather than engage in re-examining painful incidents from the past. This simply causes further hurt, rather than healing divided communities. The Government clearly want to draw a line and move forward, and I am in full agreement with this approach. May Saville mark the end of costly legal inquiries. May it be the inquiry that marks an end to all inquiries into the Troubles. We must continue to listen to victims and survivors and help them rebuild their lives: at the same time, we must avoid the rancour which inevitably accompanies litigation and the attribution of blame. It is my hope that Northern Ireland can move forward to a positive future in a spirit of tolerance and understanding.