Hallett Review

Lord Lexden Excerpts

Thursday 17th July 2014 Lords Chamber

[Baroness Randerson]

The noble Lord referred to the nature of the scheme, and for the absolute clarity of the House here today, I will repeat that this was not an amnesty and it was not intended to be an amnesty. Lady Justice Hallett is quite clear on that. The Downey judgment was the result of an error in an individual case that should not have occurred, not as a result of the general design of the scheme.

The noble Lord asked a specific question about the Irish Government. The Irish Government had been involved in discussions with the UK Government over the period of the peace process. They had been closely involved in discussions and, for that reason, they were aware of the scheme. I repeat that, of course, the devolved Executive of Northern Ireland should also have been consulted and informed, and should have known about it in an official format.

[Lord Lexden (Con)]

My Lords, I will make four points. First, does my noble friend agree that this was a wholly dishonourable scheme because it conferred benefits and assurances on one small group of which everybody else was kept in ignorance? Secondly, since it was a dishonourable scheme, why did this Government allow it to remain in being from 2010 until 2012? Thirdly, my noble friend may recall that in a Question in April I asked for assurances that the police force in Northern Ireland would be given not just resources but also every encouragement to pursue the cases against terrorist suspects, to secure the evidence and bring them to book. What progress has been made?

Fourthly, I will touch upon the Sewel convention, of which my noble friend made a great deal in the Answer to a Question by the noble Lord, Lord Empey, yesterday. The Sewel convention provides that the Government at Westminster will not normally take action in areas that are devolved to the Northern Ireland Executive. Since 2010, security and justice have been so devolved. Why were the Executive kept in complete ignorance?

[Baroness Randerson]

My noble friend refers to this as a “dishonourable scheme”. It is clear from the coverage given to it in the extensive report of Lady Justice Hallett—which is very detailed and thorough; one must be grateful to her for her efforts—that the scheme could have in principle applied to those who were not necessarily republicans. Indeed, I believe one name was supplied from the unionist community.

It is, however, an issue of logic that members of the unionist community do not tend to go on the run to the Republic of Ireland. They would be much more likely to have stayed in the UK. Over the years, some members of the unionist community were, I believe, the subject of the royal prerogative of mercy.

Why did the current Government continue the scheme? By the time of this Government, it was dealing with smaller numbers of people: 45 cases have been considered since May 2010 and 12 letters were sent by the Northern Ireland Office since May 2010, stating that on the basis of current evidence the person concerned was not wanted by police. Two further “not wanted” indications were sent by the PSNI without involving the Northern Ireland Office. However, the current Government have issued no letters since December 2012. It is important to repeat again that the Government regard the scheme as finished.

My noble friend raised the Sewel convention. Of course, as a result of that convention and the fact that devolution had occurred, the Northern Ireland Executive should have been fully involved. I have said this, and the Secretary of State has made it clear in her Statement and apologised for the fact that they were not formally briefed.