Hallett Review

Lord McAvoy Excerpts

Thursday 17th July 2014 Lords Chamber

[Lord McAvoy (Lab)]

My Lords, I thank the Minister for repeating the Statement. I endorse her initial comments about our thoughts today being with the relatives and friends of the soldiers who lost their lives in Hyde Park. The suffering of those families, as with the families of other victims of terrorism, will go on for who knows how long.

Her Majesty’s Opposition welcome Lady Justice Hallett’s report today and accept her findings in full. We acknowledge those findings, including those that make it clear that there should have been a more systematic approach to the operation and an ongoing review of the scheme. There are lessons to be learnt by both the Northern Ireland Office and the Police Service of Northern Ireland.

We are pleased that Lady Justice Hallett shatters a number of myths. She makes it clear that the scheme was not unlawful and that files on terrorist offences were not closed by the PSNI. Most importantly, she states categorically on the very first page of her report that the administrative scheme was not an amnesty, nor did it ever amount to a “get out of jail free” card. On legality, while Lady Justice Hallett questions the structure of the scheme, she makes clear on page 144 of the report that the administrative scheme was not unlawful. On amnesty, she makes clear on page 28 that:

“there was no question of the administrative scheme granting an alleged offender an amnesty or immunity from prosecution. It is clear from the views expressed at the time that the Attorney General would not have agreed to the process had that been the intention or the effect. It is also clear that successive Attorneys General maintained the same position throughout the life of the scheme”.

While Lady Justice Hallett is right to conclude in her report that the scheme was not secret, I acknowledge the concern of politicians and others who feel that they should have been given more information about the nature and application of the scheme. This includes the First Minister and Justice Minister after the devolution of policing and justice in 2010.

Most crucially, if we are going to move forward, do the Government accept that the report reinforces, rather than undermines, the urgent need for a robust, transparent and comprehensive process to deal with Northern Ireland’s past? We contend that it is now clear that the UK and Irish Governments must play a far more hands-on role in supporting Northern Ireland’s political parties to reach an agreement on the past and parades. Until this happens, one can conclude only that stalemate will prevail, leaving a dangerous vacuum to be filled by those who seek to undermine the peace process through either political means or, worse still, a return to violence.

As the Prime Minister has stated, it would be wrong to be retrospectively selective about key elements of an historic peace process that ended 30 years of violence and terror. I came into the other place in 1987 with a longstanding interest in Northern Ireland through my own family and my wife’s family, one from the unionist side and one from the nationalist side. I remember that period well and I well remember my time on the Northern Ireland Select Committee, with friends like Peter Robinson, James Cran from the Conservative Party and the late, great Eddie McGrady. It was an extraordinary period that demanded historic and difficult compromises. However, as a result of that momentous agreement, Northern Ireland has been transformed. Over the past 15 years, PSNI figures demonstrate the dramatic fall in all forms of sectarian violence, casualties, bombings, shootings and murders. These rapid improvements in the security situation have led to a striking change in the local economy and the international profile of Northern Ireland. In addition to the official bodies, at grass-roots level there are numerous heart-warming examples of reconciliation and normalisation across communities. These changes should never be underestimated or taken for granted.

Tribute must be paid to the many individuals who contributed to that process, including noble Lords in this Chamber. There were historic compromises from the unionist side in accepting the peace process and, Sinn Fein would maintain, historic compromises on its part too. Through it all, the guiding light and assurance must be that everyone who signed up to the agreement agrees that the constitutional status of Northern Ireland will only ever change with the consent of the people. Many people made that compromise and we owe it to them to continue doing that.

Credit should also go to the intensive engagement of the UK and Irish Governments working closely together. In the UK context, Sir John Major deserves credit for starting the process; if a start is never made, you will not get anywhere. However, it was Tony Blair’s decision to expend unprecedented prime ministerial capital on achieving peace in Northern Ireland that was decisive. I make that point because some would like to use the controversy generated by the on-the-runs as a stick to beat Tony Blair with and allow legitimate public concern to distort the truth about a peace process in which so many people, including, as I have said, some in your Lordships’ House, played a part. No one is saying that it is a perfect peace process—there is no such thing—but it is a peace process of which I and my party remain incredibly proud. It has saved lives and allowed the current younger generation in Northern Ireland to grow up largely free from the fear and the reality of violence. Frankly, this would not have happened without Tony Blair and his Government.

I remember the time well. I was in the Whips’ Office and I played a small part liaising with various parties. Not only is my party proud of the peace process but we as the Westminster Parliament played a leading role in it collectively. The co-operation that came from all corners of both Houses and from all political parties was outstanding. Therefore, while this is a difficult situation that we need to learn from, it should not be used to undermine or diminish the achievements that we have made collectively so far.