Oral Answers to Questions

Lord Dodds of Duncairn Excerpts

Wednesday 26th February 2014 Commons Chamber

[Mrs Villiers]

I can assure my hon. Friend that the Government recognise fully the importance of ensuring that prosecution decisions are made independently of the Executive.

[Mr Nigel Dodds (Belfast North) (DUP)]

Clearly, the failure to operate the National Crime Agency as a result of republican blocking of that is a disgrace and it is undermining policing and justice. But equally, the Downey decision has undermined confidence in policing and justice. Will the Secretary of State now publish the numbers of letters that have been sent to these people—the names, the contents of these letters; and would she now rescind this disgraceful and shameful back-door scheme?

[Mrs Villiers]

I fully understand the right hon. Gentleman’s concerns, and it was clearly a very difficult day for the families yesterday. As I published in my written ministerial statement, we believe that around 200 cases were processed through this scheme. The individuals were sent factual letters indicating whether or not they were wanted for terrorism offences. It was not an amnesty and it was never intended to be such. There was always the recognition that if further evidence of further offences was produced, a prosecution was then a possibility. The reason for the outcome of the Downey case was that unfortunately a grave mistake was made, when Mr Downey was sent a letter saying he was not wanted for offences when in fact he was.

[Mr Dodds]

The grief, the words of devastation from the families of the soldiers concerned in the Hyde park bombing are an indictment of what is going on. There is outrage, not just in Northern Ireland but right across the country, about this—how an official’s letter can trump due process of law in this country. Will the Secretary of State realise how serious this is, not just for the process of law and order, but for the very stability and continued existence of devolution in Northern Ireland, where the Assembly has full responsibility for policing and justice, but these facts were withheld from the Justice Minister and the First Minister? This has very, very serious implications for devolution.

[Mrs Villiers]

I am very much aware of the very serious implications this case has, and they have also been conveyed to me by the First Minister, whom I look forward to meeting this evening to discuss this matter with.

As I announced yesterday, the Northern Ireland Office, along with the PSNI, is undertaking an urgent check of all letters that were issued under the scheme to establish whether any further mistakes were made that could lead to the same outcome that was witnessed in relation to the Downey case. It is also vital that we get to the bottom of why such a very serious mistake was made within the PSNI and why the PSNI did not draw it to the attention of the Northern Ireland Office, and of course I will be discussing this matter with David Ford and the First Minister.

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[The Prime Minister]

I am grateful for my hon. Friend’s question. As he knows, the Public Interest Disclosure Act 1998 protects most workers from being unfairly dismissed by their employer when they have reported a matter of concern—when they have blown the whistle. We strengthened those protections in the Enterprise and Regulatory Reform Act 2013. We will always back whistleblowers when they challenge poor standards, particularly in large organisations. I am happy to ensure that he discusses with the relevant Minister—probably the Minister for Government Policy—any further steps that we need to take in that direction.

[Mr Nigel Dodds (Belfast North) (DUP)]

Does the Prime Minister get the depth of the hurt among victims’ families, and the deep sense of public outrage right across the country as a result of the outcome of the Downey case? He needs to understand that for a letter signed by an official to trump due process and the courts of this land without any parliamentary, legislative or statutory underpinning, is deeply offensive to the public in this country. Will he now scrap these get-out-of-jail-free letters immediately, and will he do everything in his power to reverse the despicable decision in the Downey case, so that justice can be done for the families of the bereaved?

[The Prime Minister]

First, I completely understand the depth of anger and concern that people will feel right across the country about the appalling events that happened in 1982, and the fact that the person responsible is now not going to be appropriately tried. Of course that is absolutely shocking, and our first thought should be with those 11 soldiers and their families and friends. It may have happened 32 years ago, but anyone who has lost someone in a situation like that will mourn them today as if it happened yesterday. We should be absolutely clear: Downey should never have received the letter that he received. It was a dreadful mistake, and we now need to have a rapid factual review to make sure that this cannot happen again. Whatever happens, we have to stick to the principle that we are a country and a Government under the rule of law.