Ballymurphy Inquest Findings

Lord Bruce of Bennachie Excerpts

Monday 17th May 2021 Lords Chamber

[Lord Murphy of Torfaen (Lab) [V]]

My Lords, some years ago I met the Ballymurphy families and I was appalled, obviously, by their story. Ten innocent civilians died, including a priest, a mother of eight and a veteran of World War II, and 57 children were left without a parent. Since these events of over half a century ago, all Governments, including the one of which I was a member, have let these families down. I applaud the families for their resilience and determination in getting to the truth of that terrible day in August 1971.

The conclusions of Mrs Justice Keegan are clear: those who lost their lives were innocent and posed no threat. Their deaths were without justification and their fundamental right to life was violated. That these families have had to fight for so long for the truth is a profound failure of the criminal justice system, and we must learn from this dreadful story. Other families in Northern Ireland are still fighting for answers. As Northern Ireland Secretary, I initiated three public inquiries and spent many hours trying to resolve this very difficult issue of the legacy of the past, including going to South Africa to look at their truth and reconciliation process. There is no simple answer, but the Government must ensure that there is the widest possible consultation on legacy, including with all the Northern Ireland parties, the Irish Government and especially, of course, with victims and their representatives.

I fully appreciate that the Government have apologised for this tragic event but, frankly, they should go further. The Prime Minister should have delivered the Statement himself in the Chamber of the House of Commons, like his predecessor David Cameron did on the Bloody Sunday inquiry. He should now travel to Northern Ireland to meet the families personally. After 50 years, they deserve no less.

[Lord Bruce of Bennachie (LD) [V]]

My Lords, first, I associate myself with the comments of the noble Lord, Lord Murphy, who has long experience of the situation in Northern Ireland and this particular case. Given the long and bitter history of the Ballymurphy killings and Operation Demetrius, which was the genesis of the events of 9-11 August 1971, I agree also that the Prime Minister’s apology appears somewhat graceless and inadequate. Sending a stereotyped collective letter, rather than making a public statement and apology in Parliament, falls short of the sensitivity and compassion required following such a clear and stark verdict.

It has taken almost 50 years to get to this point— 50 years during which, as the verdict confirms, the victims were slandered and vilified, including by the most senior members of the Armed Forces. As the noble Lord, Lord Murphy, pointed out, Mr Johnson’s predecessor, David Cameron, whatever his faults, came to the House of Commons and made a sincere and unqualified public apology over the Bloody Sunday report. This event surely required nothing less. Once again, it reveals a dangerous lack of understanding of or consideration for the raw wounds left by the Troubles and the delicate path Northern Ireland is now treading as a result of the Prime Minister’s reckless haste to get Brexit done without adequate concern for its impact on the Belfast agreement.

The Ballymurphy killings were among a larger number of deaths that occurred during Operation Demetrius, when the Army was systematically rounding up terrorist suspects for internment without trial. Internment, a deeply controversial sanction, was made worse by poor intelligence leading to innocent, non-violent members of the nationalist community being targeted—often brutally, according to reports—by soldiers who perceived almost anyone as a potential terrorist. Not surprisingly, for such a draconian course of action, it was resented and provoked demonstrations and, in the heightened tension this created, the Army reacted by firing living ammunition and, as is now confirmed, killing innocent citizens. Despite the fact that loyalist paramilitaries also perpetrated acts of violence, it appears that Operation Demetrius was focused entirely on the Catholic community. Paddy Murray, the solicitor who represents the families of nine of the 10 victims, has said that following the verdict further legal action is being planned.

Before the verdict, the Government appeared determined to press ahead with legislation to limit the scope for future prosecutions on crimes related to the Troubles. The Secretary of State trod carefully around the issue in the other place on Thursday but, nevertheless, made it clear that the Government are still planning legislation. He talked about finding a solution that can work for “families in Northern Ireland”, but if the Government are really committed to finding a solution that works for families, does the Minister agree that the victims of Ballymurphy, and indeed of all the atrocities committed during the Troubles, and their families must come first? They must have confidence in any process that is established going forward; otherwise, the peace and reconciliation that everybody wants for Northern Ireland will be more difficult to achieve.

I remind the Minister of the key principles set out in the Stormont agreement. These are:

“promoting reconciliation … upholding the rule of law … acknowledging and addressing the suffering of victims and survivors … facilitating the pursuit of justice and information recovery”

and that the agreement is

“human rights compliant … balanced, proportionate, transparent, fair and equitable.”

Can there be any justification for setting these aside? Are the Government reassessing their position on any limitation? Is it possible or acceptable to exempt veterans from prosecution without denying recourse to victims of terrorism? Is there any support for the Government’s approach within the Province? Is it helpful or necessary to introduce this into the mix at a time of such volatility and uncertainty? Without clear cross-community support for any government proposals, will the Government accept that pressing ahead would be insensitive and unwise, and should not be imposed?

[Viscount Younger of Leckie (Con)]

My Lords, I thank the noble Lords, Lord Murphy and Lord Bruce, for their comments and their points. As is now apparent from the inquest verdict from Mrs Justice Keegan last Tuesday, we can all agree that the deaths of 10 entirely innocent people in Ballymurphy over three days in August 1971 was one of the most appalling events of all the years of the Troubles. It was a new and particularly dark low, the results of which may have—or are likely to have—exacerbated further incidents in subsequent years. Noble Lords will have read the Statement. In normal times in the House, I would be repeating it. A Statement such as this, one of such gravity and sensitivity, deserves as much.

I start by emphasising that my thoughts are with the families of the Ballymurphy victims. It is sobering for me to consider that I was 15 in 1971. The deaths left no fewer than 57 children—as the noble Lord, Lord Murphy said—without a parent, with all the tragedy, the loss of loved ones, and the permanently changed lives that stemmed from this. I want to put on record again today the Government’s acknowledgment of the terrible hurt that has been caused to the families of the victims: Francis Quinn, Father Hugh Mullan, Noel Phillips, Joan Connolly, Daniel Teggart, Joseph Murphy, Edward Doherty, John Laverty, Joseph Corr and John McKerr. The events at Ballymurphy should never have happened. The families of those who were killed should never have had to experience the grief and trauma of the losses, or the decades of waiting for last Tuesday’s verdict.

The noble Lords, Lord Murphy and Lord Bruce, raised issues around the Government’s apology to the Ballymurphy families. I start by saying that it cannot change what they have endured. The PM, on behalf of the UK Government—the state—has apologised by writing to the families. He has also spoken to the First Minister and the Deputy First Minister. My right honourable friend in the other place, Brandon Lewis, also apologised in his Statement last Thursday and, today, I add my own heartfelt apology, as I address the House.

The results of Mrs Justice Keegan’s report and the apologies given will be followed by action to prevent others who have lost loved ones, from all communities, whether civilians, paramilitaries or solders, continuing to go through the same lengthy and traumatic experiences. To answer the points made by the noble Lord, Lord Murphy, that is why the Government are committed, as spelt out in the recent humble Address, to address the legacy of the past in Northern Ireland. We are doing so in a way that allows all individuals or families who want information, including those from Ballymurphy, to seek and receive answers about what happened during the Troubles with far less delay and distress.

Again to answer a question raised by the noble Lord, Lord Murphy, it is important that we do this with all parties involved in Northern Ireland, from the parties themselves to civic society and victims organisations, to ensure that we bring everybody along with us in what is being proposed.