Civilian Deaths (Ballymurphy)

Debate between Mark Durkan and Patrick Mercer

Wednesday 8th December 2010 Westminster Hall

[Mark Durkan]

That is a very pertinent point. The Parachute Regiment committed those killings in one area in a concentrated operation, and just because they did not take place in one day, it does not mean that it was not a concentrated operation. Those deaths were not properly investigated alongside other Army killings.

We now know, because of investigations by the Historical Enquiries Team and work done by the Pat Finucane Centre, that in the autumn of 1971 there were liaison meetings between a representative of the military and the then Attorney-General for Northern Ireland, Basil Kelly, to look at the possible risk of prosecution of soldiers for some of their conduct. The Attorney-General seems to have suggested that prosecutions might have to take place on some matters, such as traffic offences, but he was seized of the need to try to avoid prosecutions for more serious or controversial offences. In December 1971 he decided, on the basis of the shooting of Billy McGreanery that September, that no soldier should be prosecuted for anything they did in the line of duty. As I say, that decision was made in December 1971, and it is hard for those of us who know about that not to believe that in the minds of the Army, that became the going rate, as regards what the yellow card did or did not mean. It meant that they could behave with impunity. It is hard to believe that the Army, and certainly the Parachute Regiment, were unaware of the Attorney-General’s decision.

[Patrick Mercer (Newark) (Con)]

I am listening with great interest. Some deeply pejorative statements have been made about an organisation that is being referred to as the Parachute Regiment. The Parachute Regiment is an enormous organisation consisting of three battalions. As the hon. Gentleman will have heard me say during the debate on the Saville report, what we are talking about seems to relate to one battallion, and indeed to one specific company within it. The Parachute Regiment has given invaluable service to this country. It might have had some difficulties and problems and done some wrong things, but I beg that we be more specific about an organisation that is very gallant, and whose services have been well recognised.

[Mark Durkan]

I thank the hon. Gentleman for that point. By referring to the Parachute Regiment in broad terms, I was certainly not trying to impugn anyone or extend my remarks to anyone who feels that they are in a position to disown and disclaim what happened that day. I am aware that today we heard condolences expressed in the House regarding a member of 3rd Battalion the Parachute Regiment, who lost his life tragically in Afghanistan. I am sensitive to those considerations and take the hon. Gentleman’s sensitive admonition in the spirit in which it was intended and in which it was conveyed.

When the Attorney-General made his judgment following the killing of Billy McGreanery, the RUC commander in Derry at the time, having read what the military police had said in relation to the shooting and the statement of the soldier concerned, recommended that that soldier be prosecuted for murder. That recommendation was endorsed at RUC headquarters, and it was the Attorney-General who subsequently created the new rule about prosecutions. That is why I think that all those events raise wider issues that need to be pursued. None of that information was available to the Saville inquiry, because it had not yet been discovered by the Historical Enquiries Team and the Pat Finucane Centre.