Hallett Review

Lord Robathan Excerpts

Thursday 17th July 2014 Commons Chamber

[Mrs Villiers]

The right hon. Gentleman asked whether the scheme was devolved. As I have said in the House on many occasions, in August 2012 my predecessor and the then Attorney-General decided that it would not be appropriate for the Northern Ireland Office to accept any new cases, and that any fresh cases should be referred by Sinn Fein to devolved police and prosecuting authorities.

A debate has raged on the exact position of the scheme in terms of devolution. I discussed the matter with the Minister of State for Justice this morning. I think that the best way of putting it is that the Northern Ireland Office will not shirk its responsibilities in learning from these mistakes, correcting any errors, and taking any appropriate action that is needed to remove barriers to prosecution. We will do that in partnership with the Department of Justice, and respecting the devolution settlement. Exactly who does what and how it is done will be a matter for reflection in the coming days, and I will undoubtedly update the House in due course.

As for the closure of the scheme, I announced some months ago that it was closed. The Government will not be issuing any fresh “not wanted” indications. As I have made clear today, what we will do is play our part in correcting any mistakes and ensuring that everything that possibly can be done is done to remove any future barriers to prosecutions in other cases.

[Mr Andrew Robathan (South Leicestershire) (Con)]

On a personal note, I knew Anthony Daly. One can only imagine the pain that the Downey case has caused his family, and the families of the others who were murdered in Hyde park and Regent’s park. I very much regret the judgment of Mr Justice Sweeney, and I join those such as Lord Pannick, the distinguished jurist, who believe that the interests of justice should have trumped the mistake made by the police. Indeed, the allegations made against Downey were so serious that to all laymen such as myself, the judgment was extraordinary. On the subject of the OTR scheme, does my right hon. Friend believe that although the scheme was not secret, it was nevertheless deliberately obscured from public view and kept out of the public domain by the previous Government?

[Mrs Villiers]

Lady Justice Hallett found no evidence that it was deliberately obscured but, as I have said, it would have been far better if both Governments involved in the scheme had been more transparent about the way in which it operated. If we had been, we would not have faced the misunderstanding, the hurt and the upset that have been triggered as a result of the Downey judgment. It is important that we learn lessons from that lack of transparency and ensure that any future process on the past that is agreed is transparent and accountable.