Oral Answers to Questions

Owen Paterson Excerpts

Wednesday 30th November 2011 Commons Chamber

[Michael Ellis (Northampton North) (Con)]

1. What progress has been made by the Historical Enquiries Team; and if he will make a statement.

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

Following the devolution of policing and justice in April 2010, matters relating to the Historical Enquiries Team are the responsibility of the devolved Administration in Northern Ireland and the Minister of Justice.

[Michael Ellis]

I much appreciate the Minister’s response and the content of it. I welcome the progress made by the Historical Enquiries Team. May I be reassured that its case work will be completed by 2014?

[Mr Paterson]

I am grateful for my hon. Friend’s question. I spoke to the Chief Constable this morning, who confirmed that the team is investigating 3,268 deaths and that it is on target to finish as planned.

[Jim Shannon (Strangford) (DUP)]

The HET investigated the murder of my cousin, Kenneth Smyth, on 10 December 1971—those on the street knew who committed the murder—and Lexie Cummings was murdered on 15 June 1982. HET investigations into both cases concluded that no action should be taken. The concern is that the investigations might not have been thorough, so does the Secretary of State accept that confidence needs to be instilled in the Unionist community and that the HET therefore has considerable work to do?

[Mr Paterson]

I am grateful for that question. I do not entirely agree. The HET is impartial, and the latest polling commissioned on the reaction of the families is extraordinarily high: 90.5% said they were very satisfied or satisfied with the performance of the HET.

[Sajid Javid (Bromsgrove) (Con)]

The former Northern Ireland Secretary, the right hon. Member for Neath (Mr Hain), rightly set up the Historical Enquiries Team, but disturbing allegations were made yesterday that his computer might have been hacked. Does my right hon. Friend share those concerns, and will he assure the House that the Northern Ireland Office—

[Paul Goggins (Wythenshawe and Sale East) (Lab)]

Historical inquiries into police officers are conducted by the Police Ombudsman for Northern Ireland. Given that that is a Crown appointment, what recent discussions has the Secretary of State held with the Minister of Justice, David Ford, on the appointment of a successor to the current ombudsman, Al Hutchinson, who has made it clear that he intends to leave his post at the end of January?

[Mr Paterson]

The appointment of the Police Ombudsman for Northern Ireland is a devolved matter. I spoke to the Minister of Justice, David Ford, this morning, and we agreed to meet shortly to discuss Al Hutchinson’s replacement.

[Mr Mark Spencer (Sherwood) (Con)]

Does the Secretary of State agree that it is not for Westminster to set the agenda but that the people of Northern Ireland should decide how and when they look back, and what they look at?

[Mr Paterson]

Yes, my hon. Friend makes a good point. The Government and Westminster do not own the past. Contentious, difficult and fraught issues must be handled with the consensus of local people in Northern Ireland.

[Mark Durkan (Foyle) (SDLP)]

Notwithstanding some of the limitations and differentials that attach to the task of the HET, it has done much good work. In the context of dealing with the past more widely, does the Secretary of State believe that more could be done to draw out the issues, patterns and lessons that can be learned from the HET’s work, which at present has gone only to the families and not to the wider public?

[Mr Paterson]

The hon. Gentleman makes a good point. The HET is building up an extraordinary archive of knowledge. As he knows, I am interested in opening up Government archives so that they may be assessed by professionals. Down the road, this might be a matter that is well worth discussing with the devolved Executive to see whether the HET can form the basis of an archive for historians.

[Eric Ollerenshaw (Lancaster and Fleetwood) (Con)]

2. What discussions he has had with Ministers in the Northern Ireland Executive on economic development.

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

I meet regularly with the First Minister and Deputy First Minister to discuss matters including the Northern Ireland economy, and the Minister of State met last week with the Minister of Enterprise, Trade and Investment to consider a range of issues related to economic development.

[Eric Ollerenshaw]

Does my right hon. Friend agree that improved transport links between Northern Ireland and the mainland will be vital for economic development, and that the completion of the M6-Heysham port motorway link will be vital?

[Mr Paterson]

I admire the skill of that question, and I congratulate my hon. Friend on working for his constituents. I am glad to say that there is a sailing twice daily to Northern Ireland, and I hope the new link will boost trade between Northern Ireland and his constituents.

[Ms Margaret Ritchie (South Down) (SDLP)]

Given the nature of our local economy, does the Secretary of State agree that the economic development of Northern Ireland will depend on stable industrial relations? Does he further agree that the Government must do more to deal with the genuine concerns of public sector workers with their pensions under siege, while those who have caused the economic crisis, particularly bankers, are getting away scot-free?

[Mr Paterson]

I thank the hon. Lady for that question. I do not entirely agree with her. The strikes today are most regrettable. They will not help a single business in Northern Ireland. They will not bring a single job to Northern Ireland. The Government are in talks with the unions and a very fair offer has been made, considering that the cost of public pensions increased by a third over the past 10 years to £32 billion. We are all in this together, and the unions should work with the Government.

[Harriett Baldwin (West Worcestershire) (Con)]

In those discussions with Northern Ireland Ministers about economic development, has my right hon. Friend heard appreciation for the fact that the UK has remained outside the euro and has retained its triple A rating?

[Mr Paterson]

My hon. Friend is spot on. We came to power with interest rates higher than Italy’s. Thanks to the very disciplined and determined manner in which the coalition has addressed the deficit, we now have interest rates level-pegging with Germany’s. That is of benefit to every single person in Northern Ireland.

[David Simpson (Upper Bann) (DUP)]

The Secretary of State will be aware of the pay-as-you-go heating oil tank developed by Kingspan Environmental in my constituency. Could the Secretary of State give us an update on the development of the enterprise zone that he piloted and tell us what benefits that will bring companies such as Kingspan in my area?

[Mr Paterson]

I am extremely interested in that project. In opposition, I talked about turning the whole of Northern Ireland into an enterprise zone. That resulted in the consultation earlier this year looking at ways in which we could help develop the private economy. Quite separately, my right hon. Friend the Chancellor has proposed enterprise zones throughout the UK. Establishing those enterprise zones is entirely in devolved hands and I very much hope the Executive will take up the offer made in the Budget a few months ago.

[Karen Lumley (Redditch) (Con)]

3. What assessment he has made of the state of the economy in Northern Ireland.

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

The Northern Ireland economy is over-dependent on public spending. The Government share a commitment with the Northern Ireland Executive to rebalance it over time by promoting investment and growing the private sector. There are many world-class Northern Ireland businesses. We need more of them.

[Karen Lumley]

Will the Minister confirm that last week the annual survey of hours and earnings showed that Northern Ireland earnings increased by 3.5%, compared with less than 1% on the mainland? Does he agree that rebalancing the economy and the creation of private sector jobs is the key to Northern Ireland’s recovery?

[Mr Paterson]

I entirely agree with my hon. Friend. One survey showed that public spending represents 77.6% of GDP in Northern Ireland. We know that that is wholly unsustainable, and we are committed to rebalancing the economy over time, working closely with the Executive.

[Sammy Wilson (East Antrim) (DUP)]

One of the ways of rebalancing the economy towards the private sector is to ensure that there is a flow of funds from the banking sector to private firms. What steps will the Government take to ensure that the credit easing measures announced yesterday will apply effectively in Northern Ireland, given the lack of market penetration by UK mainland banks and the high dependence on Irish banks?

[Mr Paterson]

I am grateful for the opportunity to clarify that the national loan guarantee scheme, which the Chancellor announced yesterday, applies to Northern Ireland. That will be of great benefit to small businesses right across Northern Ireland.

[Richard Graham (Gloucester) (Con)]

I understand that the average private sector wage in Northern Ireland is £20,000 a year, compared with the average public sector wage of £29,000. What impact does my right hon. Friend believe that yesterday’s announcement from the Chancellor about the ability to set public sector wages locally will have on Northern Ireland?

[Mr Paterson]

My hon. Friend is right. There was a survey which showed a 41.5% difference between a public sector wage and a private sector wage. It shows the task we have in helping to revive the private sector and making it an attractive place for bright, enterprising young people in Northern Ireland to go into. That is very much what we would like to do.

[Dr Alasdair McDonnell (Belfast South) (SDLP)]

Does the Secretary of State accept that the proposed changes to public sector pension contributions will have an even more severe impact in Northern Ireland because of the shape and balance of our economy?

[Mr Paterson]

First, I congratulate the hon. Member on having won the election for the leadership of his party. I look forward to working with him, as the leader, as I worked with him while in opposition, and in recent months since I have been Secretary of State.

I do not entirely agree with the hon. Gentleman’s question. This is basically a good news story. People are living 10 years longer, and that has put huge pressure on the cost of pensions, which is up to £32 billion across the United Kingdom—an increase of a third over 10 years. Lord Hutton, who used to sit on the Government Benches here, came up with a sensible report, and I appeal to all those in Northern Ireland who are in trade unions to continue discussions with the Government because our offer is extremely fair.

[Mr Speaker]

We have a lot of questions to get through and we must get on.

[Mr Philip Hollobone (Kettering) (Con)]

Given the importance of the Republic of Ireland to the Northern Irish economy, and the likelihood of a break-up of the eurozone, what discussions has my right hon. Friend had with the Chancellor of the Exchequer and the Northern Ireland Executive about how the Northern Ireland economy could best cope with such a crisis?

[Mr Paterson]

I thank my hon. Friend. As he knows, the Chancellor and the Treasury are looking at all contingencies, because reports yesterday showed that the crisis in the eurozone is having a real impact on our economy. I am in regular contact with the Government in Dublin and will continue discussions.

[Vernon Coaker (Gedling) (Lab)]

When thousands of public sector workers in Northern Ireland are worried about their pensions, with cuts to public services, and when growth figures have been so significantly downgraded, does the Secretary of State remember that, when commenting on the Budget of March 2011, he said:

“This is a Budget for growth across the whole UK in which Northern Ireland will share”?

Where did it all go wrong?

[Mr Paterson]

I am grateful to the hon. Gentleman for his question. He knows perfectly well where it went wrong. It went wrong when his colleagues landed us with the biggest deficit in Europe, and we are digging this country out.

[Vernon Coaker]

There we go—the complacent answer of someone who has no answers at all.

What little faith the Secretary of State has in the ability of the people of Northern Ireland to do their sums. I may not have taught maths, but even I know that if you take away £4 billion and return £142 million, it definitely does not add up to a fair deal for Northern Ireland. Is it not time that this Secretary of State stood up for Northern Ireland and told the Chancellor to get a proper plan for jobs and growth?

[Mr Paterson]

What we have done for Northern Ireland, as one of my colleagues said earlier, is keep interest rates low. That is the biggest service we could deliver to Northern Ireland, and thanks to the disciplined and determined manner in which we are addressing the deficit, we now have the lowest interest rates in western Europe. That benefits every family with a mortgage, and every business with an overdraft, in Northern Ireland.

[Graeme Morrice (Livingston) (Lab)]

4. What his policy is on a Bill of Rights for Northern Ireland; and if he will make a statement.

--- Later in debate ---

[Glyn Davies (Montgomeryshire) (Con)]

5. What assessment he has made of recent political developments in Northern Ireland; and if he will make a statement.

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

The political situation in Northern Ireland is now more stable than for a generation, but stability is not an end in itself. It is time for the Assembly and Executive to work towards building a prosperous Northern Ireland in which everyone has a genuinely shared future.

[Glyn Davies]

The Northern Ireland Executive have published a draft programme for government. Will my right hon. Friend comment on this development, and does he welcome what is happening in Northern Ireland?

[Mr Paterson]

I am delighted that after six months the draft programme has come forward, and I very much hope that the Executive will crack on in working with the Assembly to deliver its main elements as soon as possible.

[Naomi Long (Belfast East) (Alliance)]

One recent political development was that the Assembly agreed unanimously that the Secretary of State should convene talks to discuss how to deal with the issue of the past. Why, in the face of that consensus, does the Secretary of State refuse to do so?

[Mr Paterson]

That is a little unfair. Within a couple of days, I went to talk to the Speaker of the Assembly to discuss with him how best to address this issue, and I am now going to write to the leaders of all the main parties to discuss with their representatives how to take it forward. The sad problem regarding the past is that there is no consensus that we have detected. My right hon. Friend the Minister and I have been right round Northern Ireland talking to all sorts of groups involved with the past. Sadly, there is no consensus, but I will write to the parties and we will keep talking. This is very much an issue that has to be sorted out with local parties as well.

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

One thing on which the Secretary of State did take action in relation to the past was the Finucane issue. There was a widespread welcome in Northern Ireland for his decision to draw a line under that in the way that the Government did. Does he agree, therefore, that the decision of the Irish Prime Minister, Enda Kenny, to come to Northern Ireland last week and seek to reopen this issue and launch an international campaign is deeply unhelpful to north-south relations and invites comparisons with his attitude towards neutering the Smithwick inquiry, which is investigating the deaths of Royal Ulster Constabulary officers?

[Mr Paterson]

I am grateful to the right hon. Gentleman for his question. The review into the Finucane case is going ahead. That is the decision of this Government, and we believe that it is the right one, as we inherited an impasse from the previous Government and called for an inquiry. We know that there are strong feelings in Dublin on this issue, and I have said privately and publicly that we recognise that they will state those differences publicly. I assure the right hon. Gentleman, however, that we will not let this issue in any way damage the excellent relations we have with the Government in Dublin.

[Mr Dodds]

I am very grateful to the Secretary of State for that answer. On another issue, does he recognise that the decision by the Sinn Fein lord mayor of Belfast this week to refuse to hand out a Duke of Edinburgh award to a young man because he was an Army cadet is deeply unhelpful in terms of community relations; that it stands in stark contrast to the First Minister’s vision, set out on Saturday, of an inclusive, forward-looking Northern Ireland; and that Sinn Fein’s action has deeply disturbed people right across the community?

[Mr Paterson]

The right hon. Gentleman makes an interesting point. The armed forces are a wonderful example of people from right across the community working together. I have on the wristband of the Royal Irish Regiment, which has representatives from right across Northern Ireland and the Republic and from 11 different nations. They set an example to us all of how we can work together. [Interruption.]

[Mr Speaker]

Order. A lot of noise has been taking place in the Chamber. That is very unfair on the Secretary of State, who is trying to give his answers in terms that can be heard and appreciated.

Boundary Commission for Northern Ireland

Owen Paterson Excerpts

Thursday 20th October 2011 Written Statements

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

Schedule 1 to the Parliamentary Constituencies Act 1986 makes provision for the constitution of the four boundary commissions, including the Boundary Commission for Northern Ireland. Under paragraph 2 of schedule 1 to the Act, each commission must consist of a chairman, deputy chairman and two other members appointed by the Secretary of State. I have extended the appointment of Mr Richard Mackenzie as a member of the Boundary Commission for Northern Ireland until 30 September 2013.

Pat Finucane

Owen Paterson Excerpts

Wednesday 12th October 2011 Commons Chamber

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

With permission, I would like to make a statement. Following my statement to the House last November in relation to the murder of Mr Patrick Finucane, I have considered this case very carefully. I want to set out today how the Government intend to proceed.

The murder of Mr Finucane, a Belfast solicitor, in front of his family on 12 February 1989 was a terrible crime. There have been long-standing allegations of security force collusion in his murder. The former Metropolitan Police Commissioner Lord Stevens was asked to investigate the murder in 1999. He published his overview report in 2003, concluding that there was “collusion”, that the murder “could have been prevented” and that the original investigation of the murder

“should have resulted in the early arrest and detection of his killers.”

When he was asked by the previous Government to consider the question of a public inquiry, Judge Cory found in 2004

“strong evidence that collusive acts were committed by the Army…the RUC…and the Security Service.”

My right hon. Friend the Prime Minister invited the family to Downing street yesterday so that he could apologise to them in person and on behalf of the Government for state collusion in the murder of Patrick Finucane.

The Government accept the clear conclusions of Lord Stevens and Judge Cory that there was collusion. I want to reiterate the Government’s apology in the House today. The Government are deeply sorry for what happened. Despite the clear conclusions of previous investigations and reports, there is still only limited information in the public domain. That is why my right hon. Friend the Prime Minister and I have committed to establishing a further process to ensure that the truth is revealed. Accepting collusion is not sufficient in itself. The public now need to know the extent and nature of that collusion. I have, therefore, asked the distinguished former United Nations war crimes prosecutor Sir Desmond de Silva QC to conduct an independent review to produce a full public account of any state involvement in the murder.

Sir Desmond is an internationally respected QC who will carry out his work completely independently of Government. He has worked for the United Nations on major international issues in Serbia and Sierra Leone. In 2005, Kofi Annan appointed him to be chief prosecutor for the Special Court for Sierra Leone. In 2010, he was appointed by the United Nations Human Rights Council to the independent fact-finding mission to investigate the Israeli interception of a Gaza aid flotilla. His track record in carrying out this work speaks for itself.

Sir Desmond’s terms of reference are to draw

“from the extensive investigations that have already taken place, to produce a full public account of any involvement by the Army, the Royal Ulster Constabulary, the Security Service or other UK Government body in the murder of Patrick Finucane. The review will have full access to the Stevens archive and all Government papers, including any Ministry of Defence, Security Service, Home Office, Cabinet Office or Northern Ireland Office files that”

Sir Desmond believes

“are relevant.”

The account will be provided to me

“by December 2012, for the purpose of its publication.”

I have agreed the terms of reference with Sir Desmond, and I would stress that he is being given unrestricted access to these documents. He will be free to meet any individuals who can assist him in his task. It is, of course, open to him to invite or consider submissions as he sees fit.

The review will have the full support and co-operation of all Government Departments and agencies in carrying out its work. I have spoken to the Chief Constable, who has given his assurance that Sir Desmond will have the full co-operation of the Police Service of Northern Ireland. This Government have demonstrated in the Bloody Sunday, Billy Wright and Rosemary Nelson cases that we will publish independent reports without delay. The same checking and publication arrangements will be put in place.

This has been an exceptionally long-running issue. The previous Government sought to resolve the issue after the 2004 commitment to hold an inquiry but were unable to reach an agreed way forward with the family. I am disappointed that the family did not feel able to support the process that my right hon. Friend the Prime Minister and I outlined to them yesterday. I fully recognise that the family have pursued their long campaign to find out the truth with great determination. We do not need a statutory inquiry to tell us that there was collusion. We accept that, and my apology in the House today reflects this. The task now is to uncover the details of this murder. The public should not be kept waiting for many more years for the truth to be revealed.

The Government have taken a bold step by asking an internationally respected figure to produce a full public account. Details in papers and statements that have been kept secret for decades will finally be exposed. The House will be aware of the extensive investigations that have already taken place in this case. I am clear that we do not need to repeat all the work that Lord Stevens has already carried out for the truth to be revealed. The investigations into the murder of Patrick Finucane have produced a huge amount of material. One man, Kenneth Barrett, was prosecuted and convicted of the murder in 2004. Taken together, the Stevens investigations took 9,256 witness statements. The Stevens documentary archive extends to more than 1 million pages; 16,194 exhibits were seized. This was one of the largest police investigations in UK history.

Lord Stevens carried out a police investigation to bring forward evidence for prosecutions. A 19-page summary report was produced in 2003, but the Stevens investigation was not designed to provide a public account of what happened. That is why Sir Desmond de Silva will now have full access to the Stevens files and all Government papers to ensure that the full facts are finally set out. The House will not want to pre-empt the details of Sir Desmond’s report. When the report is published, the Government will not hide from the truth, however difficult.

I strongly believe that this will be the quickest and most effective way of getting to the truth. Experience has shown that public inquiries into the events of the troubles take many years and can be subject to prolonged litigation, which delays the truth emerging. As my right hon. Friend the Prime Minister and I have made clear for some time, we do not believe that more costly and open-ended inquiries are the right way to deal with Northern Ireland’s past.

I am acutely conscious that the conflict in Northern Ireland saw over 3,500 people from all parts of the community killed and tens of thousands more injured. We should never forget the many terrible atrocities that took place. More than 1,000 of those killed were members of the security forces. I want to be clear that the overwhelming majority of those who served in the security forces in Northern Ireland did so with outstanding courage, professionalism and even-handedness in upholding democracy and the rule of law. The whole House will agree that we owe them an enormous debt of gratitude.

The murder of Patrick Finucane has been one of the longest-running and most contentious issues in Northern Ireland’s recent history. The appointment of an internationally respected and wholly independent figure to produce a full public account demonstrates the Government’s determination that the truth about this murder should be finally revealed. The House will recognise the spirit of openness and frankness with which we are dealing with this difficult issue. I would encourage everyone to judge the process we have established by its results. I commend this statement to the House.

[Vernon Coaker (Gedling) (Lab)]

May I first thank the Secretary of State for early sight of his statement and for the welcome that he has on many occasions extended to me in my new post? I greatly appreciate it, as I do the welcome I have received from many others, too. I am delighted to have been appointed the shadow Secretary of State for Northern Ireland and I look forward to working in a bipartisan way with the Secretary of State whenever possible, as well as to working closely with the Northern Ireland Executive, and all their parties and representatives. I will, however, hold the Government to account and challenge them, where necessary.

Every community in Northern Ireland has suffered outrages, atrocities and murders, but today we are reflecting on the murder of Pat Finucane. His wife was wounded in the attack and his three children witnessed what no child ever should—the murder of their father.

Thirteen months ago, my right hon. Friend the Member for St Helens South and Whiston (Mr Woodward), to whom I pay tribute today for all the work he did in Northern Ireland, asked the Secretary of State to honour the commitments of a previous Prime Minister and previous Secretaries of State to hold an inquiry into the murder of Pat Finucane. That commitment was made as a result of an agreement between the British and Irish Governments at Weston Park in 2001. If peace and reconciliation are to be taken forward, we need to respect such agreements. The progress that has been made in Northern Ireland is built on trust. As we have heard from Judge Cory’s report, public inquiries have been held into the cases of Robert Hamill, Rosemary Nelson and Billy Wright, but not into that of Pat Finucane.

It was a source of great regret to us, as the last Government, that we were not able to agree terms of reference with the Finucane family for an inquiry to take place under the Inquiries Act 2005, but today the Secretary of State has told us of his decision that there will no inquiry at all. Instead the Government have announced an inadequate review, although the whole country will welcome the apology. We are disappointed by that decision, and think that the Secretary of State should honour commitments that have been made.

The incredible scenes yesterday of the Finucane family at Downing street expressing their feelings of anger and outrage at having been completely let down by the Government show that this is no way in which to deal with such a difficult and sensitive issue. Will the Secretary of State tell us why he allowed the Finucane family to believe for so long that an inquiry would be offered to them? What discussions did he have with them before informing them of his decision? What advice did he give the Prime Minister that led the Prime Minister to invite the family to Downing street? They clearly believed that they would be offered something that would be acceptable to them; otherwise, why raise false hopes? What discussions had the Secretary of State had with his counterpart in the Irish Government before he made his decision?

Why, on the day on which the Irish Government extended by six months the Smithwick inquiry into the murders of Chief Superintendent Breen and Superintendent Buchanan regarding alleged Garda collusion, did the Secretary of State choose to deny an inquiry to the Finucane family? Does he accept that, while any form of inquiry takes time and carries a financial cost, it is possible for such inquiries to be both reasonable and not, in themselves, a barrier to the pursuit of justice? As for the proposed review of the Finucane papers, will he tell us how representations—including any from the family—can be made, what the expected cost of such a review will be, where the hearings will be held, whether any will be held in secret, and whether witnesses will be called?

Everything that has been achieved in Northern Ireland since the mid-1990s has been achieved with consensus. The Belfast, St Andrews and Hillsborough Castle agreements were all achieved by means of consensus. The Northern Ireland Executive operate by consensus. There are many horrors from the past, many atrocities, many outrages on the part of both loyalist and republican terrorists, but there is an opportunity for Northern Ireland to escape the grip of the past by confronting the truth about past events. Will the Secretary of State therefore tell us what the Government’s policy is for dealing with the past? Having denied a public inquiry into the death of Pat Finucane, will he tell us what additional resources he will provide for the Historical Enquiries Team?

The people of Northern Ireland have made real progress, but we must never take such progress for granted. It has taken real effort, commitment and trust. I agree with the Prime Minister: let us do the right thing. May I ask the Secretary of State to think again about an inquiry into the murder of Pat Finucane because it is the right thing to do? Seeking the truth and honouring agreements means that the cause of justice is served, and with it the cause of a better future for Northern Ireland.

[Mr Paterson]

Let me begin by congratulating the hon. Member for Gedling (Vernon Coaker) on his appointment to a difficult and important position. I warmly welcome his view that we should approach Northern Ireland issues in a bipartisan manner. He is sitting next to the right hon. Member for Neath (Mr Hain). The right hon. Gentleman, the right hon. Member for Torfaen (Paul Murphy) and the right hon. Member for St Helens South and Whiston (Mr Woodward)—who are also present—all played a distinguished part in bringing Northern Ireland to where it is now, continuing work which, in fairness, began under Sir John Major, whose role is often forgotten. I very much hope that we shall continue to work closely with one another. We met privately on Monday, and we have talked today. My door is always open, and I hope that we shall discuss these matters together.

The hon. Gentleman asked about the chronology. I wrote to the Finucane family within weeks—on 28 June last year—asking to meet them. I met Mrs Finucane in November last year, and I think I was the first Secretary of State to meet her since the right hon. Member for Neath met her in 2006. I said then that we had inherited an impasse. We entirely respected the position of the Labour Government, who had committed themselves to a public inquiry, but the right hon. Member for Torfaen had introduced the Inquiries Act 2005, and there appeared to be a jam. We wanted to unlock that jam, and we went into the process in a genuinely open-minded way.

On 11 November last year I issued a written ministerial statement, which the hon. Gentleman will have read, setting out various criteria against which we would make a judgment and inviting representations. It was a very open process, and we took representations. We were still in discussion with the family at the end of the two months, and we extended the period for a further two months. Until yesterday, I last saw Mrs Finucane in Washington on St Patrick’s day. I gave her an assurance that we wanted to come to a conclusion and resolve the impasse, but we could not do so during the Assembly election period. I promised that that would happen soon after.

It has taken longer, however. This has not been an easy issue to resolve, but what we have done is incredibly bold. We believe that by inviting the family to Downing street so that the Prime Minister can make an apology in person, we have moved the whole argument on.

The original justification for a public inquiry was, bluntly, to put the British Government on the spot and to prove that collusion had happened. We have accepted Stevens and Cory, and by making this bold apology—the Prime Minister made it in a full and frank manner, and I have repeated it today on the Floor of the House—we believe we have created an opportunity to move the argument on.

The question now is how do we get to the truth. That was clearly stated towards the end of today’s Prime Minister’s questions. As we have made clear in the build-up to this statement, we firmly believe that costly open-ended inquiries are not necessarily the best way to get to the truth. Speed is also an issue. Past inquiries have taken a long time. The hon. Member for Gedling mentioned Smithwick. That offers a classic example of the trouble we can get into with an inquiry. It had to be extended. The new Government tried to get an interim report in June and to limit the process to November, but it looks as though they will have to extend that.

What we have done is radical and bold. We have made a full apology, and we now have an opportunity to put in place a new process. There are 1 million documents and there will be more than 9,000 witness statements. That is where the truth lies, and we want to get the truth out. I hope that, on reflection, the hon. Gentleman will come round to agreeing that our approach is novel, bold and brave. It will cost approximately £1.5 million. The main offices will be in London, but obviously that is up to Sir Desmond, and he will certainly be visiting Belfast.

I met Sir Desmond this morning. I have appointed him, and his letter of appointment will be in the Library. He is very keen to get going and to meet the family. How he relates to the family and others is entirely up to him. He can invite people to attend. He does not have the power to demand that witnesses attend, but he will have powers—real powers, I hope—to get access to a huge archive of data. That is where the truth lies—we know the truth is in there—and we now all have an interest in getting to the truth.

The hon. Gentleman also asked about the past. As he knows, that is, sadly, a fraught issue. The Minister of State and I have been holding talks since we came into office last June; we have talked to all the political parties and to numerous interest groups. I know about the debate in the Assembly this week. Sadly, as the hon. Gentleman will find out when he goes there on Thursday, there is no consensus on the past. He mentioned the Historical Enquiries Team, which is looking into 3,268 deaths. We are very supportive of it and have always supported it, and we know that it is giving extraordinarily high levels of satisfaction to the families who have so far received reports, but oversight of it is a devolved responsibility, so the hon. Gentleman should discuss funding issues with the Northern Ireland Justice Minister, David Ford.

The Government in Westminster do not own the past. The solution to the past lies very much in the hands of local politicians. We will help to facilitate things, however. I will continue our talks and I will make further statements on our approach soon.

[Mr Laurence Robertson (Tewkesbury) (Con)]

I thank the Secretary of State for providing me with early sight of the statement, and I agree with him that accepting that there was collusion is not in itself enough, and that we need to get to the truth of who did what. If that is established, will he confirm that any necessary prosecutions will go ahead? Although it is totally right that we praise the quality of the people who served in the security forces in the past and the outstanding way in which they carry out their work now, we must find out the truth in order to protect the image of those people, who deservedly have a high reputation.

I do not believe that it was necessary to spend so much money on past inquiries. It was the Prime Minister’s response to the Saville inquiry that satisfied people in Northern Ireland. Since then, we have had inquiries that were, perhaps, expensive and that did not reach the truth. I therefore support the Secretary of State’s decision and agree that what is important is not how we get to the truth, but actually getting to the truth.

[Mr Paterson]

I am grateful to the Select Committee Chairman for his support for what we propose to do. Decisions on prosecutions are entirely in the hands of the local Director of Public Prosecutions, so if this review reveals information that justifies the DPP taking action, that is entirely down to him. As I am sure the Chairman knows, on seeing the Stevens papers the previous DPP found that not enough cases met the threshold requirements. I entirely endorse the Chairman’s comments on getting to the truth so that we can honour the vast majority of those who worked in the security forces, bravely defending law and order and democracy. That is exactly what we want to do. There is no offence of collusion, so we need to get to the detail, and I am confident Sir Desmond will do so.

[Ms Margaret Ritchie (South Down) (SDLP)]

I thank the Secretary of State for his statement. He said: “The public now need to know the extent and nature of that collusion” and the “task now is to uncover the details of this murder.” How can that possibly be achieved when Sir Desmond cannot compel witnesses to give evidence to his inquiry—which is not really an inquiry? That has created grave disappointment in Northern Ireland. I ask the Secretary of State to review yesterday’s decision and to establish an independent public inquiry that will empower witnesses to give evidence about the true nature and extent of collusion.

[Mr Paterson]

I am grateful to the hon. Lady for her question. However, the simple answer to it is no; we are cracking on. We think we have found a solution to the conundrum that was not resolved by the last Government. They had the clear policy of holding a public inquiry, but that was not acceptable under the 2005 Act. We think that through our bold measure of a public and personal apology to the family and going ahead with a review of this huge archive—1 million pages, 9,000-plus witness statements, 16,000 exhibits—we will get to the truth. We strongly believe that this is the right course of action, and that we can then move on from this impasse, which we must do because the situation has been festering.

[Stephen Lloyd (Eastbourne) (LD)]

I welcome the Secretary of State’s announcement and share his view that the independent review should be conducted by such an honourable, experienced and reputable figure as Sir Desmond de Silva; I believe this is the right way forward. I also appreciate the Secretary of State’s commitment that all arms of the Government will offer unrestricted access to Sir Desmond. The murder of Patrick Finucane was a desperate and despicable act and I applaud the Government’s determination to get to the truth. Finally, may I ask the Secretary of State to keep the House informed of the progress of Sir Desmond’s investigation?

[Mr Paterson]

I welcome the hon. Gentleman’s comments. Sir Desmond is an independent figure, and it is not for us to interfere in any way in how he conducts the review and the manner in which he proceeds. We have to get the message across that he is an independent figure, and a man of extraordinary integrity and international standing. He is not going to take any advice or accept any interference from the Government. That is not his role. We have appointed him, he is independent, and it is up to him to report back to us in December 2012.

[Mr Shaun Woodward (St Helens South and Whiston) (Lab)]

I have no doubt that the Secretary of State means well, but I think he is wrong. The inquiry was set up by Tony Blair as part of the peace process, and in breaking the promise that we gave, we are damaging the very foundations of that process. The independent inquiry was fair to everyone; it was fair to the family and the soldiers.

Let me set out my fear. The Secretary of State has said today that he has reached a verdict: there was state collusion. No account has been given of the process by which that verdict has now been reached, however, and we do not know collusion by whom or collusion about what. In this process, we must be fair to the armed forces: we must be fair to those soldiers and members of the police who may need legal representation now. What are they meant to do? Will the Secretary of State guarantee that any men and women who may face prosecution in the future because of his verdict today will be able to have a fair trial?

[Mr Paterson]

I am sorry that the right hon. Gentleman has not supported what we have done. I pay tribute to his work as Secretary of State. He managed to pull off the great coup of seeing the final plank of devolution put in place. Getting the devolution of policing and justice was not an easy task. We worked together, supporting him strongly at the time, and it was a considerable achievement. The House should recognise that and be grateful.

Obviously, given the right hon. Gentleman’s knowledge, I am disappointed by his comments. I do not wish to make a tiresome point, but I did write to Mrs Finucane and met her—he did not. He had three years to resolve this and did not do so. We talked about it privately and we both know how extraordinarily difficult the conundrum was. He stuck to the line, which we have heard again from his successor—it is totally understandable and coherent—that a public inquiry was offered, under the Inquiries Act 2005. We inherited a logjam; I really felt that this issue was festering. People must get hold of the boldness of what we have done. The Prime Minister has invited the family in to apologise in person. We are going to have a really thorough review. Sir Desmond is not a patsy; he is a man of extraordinary integrity and international repute. I fear that the report may be very difficult for us, but we will come to the House, as we did with Saville, with Nelson and with Wright, and make appropriate comments.

The right hon. Gentleman mentions individuals. Stevens, after probably the longest criminal investigation in British history, said clearly in his report:

“I have uncovered enough evidence to lead me to believe that”—

the murder—

of Patrick Finucane…could have been prevented.”

He continued:

“I conclude there was collusion in”—

the murder—

“and the circumstances surrounding”

it. The problem is that there is no offence of collusion, which is why we have appointed Sir Desmond. As I said in answer to a previous question, should evidence come forward that, in the opinion of the DPP, goes over the threshold, the legal process will take its course.

[Sir Peter Bottomley (Worthing West) (Con)]

This widespread though not unanimous support for the statement by the Secretary of State and the Prime Minister has been seen before when other Prime Ministers and Secretaries of State have taken initiatives to break logjams. I put it to the Secretary of State that getting to the truth is an important part of coming to terms with history. May I end by saying that we should respect and support lawyers, journalists and families who stand by those who are victims or potential victims, those who are accused and even those who have been convicted, because representing the unpopular and the marginal is an important part of an open and democratic society?

[Mr Paterson]

I welcome my hon. Friend’s comments. He served as a Northern Ireland Minister and is aware of the sensitivities of issues in Northern Ireland. He is absolutely right to say that lawyers and politicians who stand up for unpopular, controversial views have every right to speak and every right to life. That is why this murder is shocking, and it is why we want to get to the truth and find out what happened.

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

I begin by welcoming the hon. Member for Gedling (Vernon Coaker) to his post as shadow Secretary of State, and I look forward to working with him. He has good experience of Northern Ireland and I am sure that we will have useful exchanges in the weeks and months ahead.

I welcome what the Secretary of State has said today in the House. The murder of Pat Finucane in my constituency was an atrocious, terrible, despicable crime. Every person involved, either in carrying out that murder or complicit in it, deserves to be brought to justice—let there be no mistake and equivalence on this issue. Does the Secretary of State accept that across Northern Ireland reasonable people on all sides agree that the idea of more costly, open-ended inquiries into such crimes is simply not reasonable, not least on the grounds of expense, but also because it has been proved that they do not bring closure and elevate certain crimes above others? He has already referred to the fact that more than 3,000 people have been murdered, 1,000 of them in the security forces. We owe it to all the victims to ensure that all murders are investigated, that their relatives are equally cherished and that there is justice for everyone. In going forward, an absolute assurance must be given for those who have died that the interests of terrorists and those who carried out terrorism are not elevated to the same status as those who protected communities and who were totally innocent.

[Mr Paterson]

I am grateful to the right hon. Gentleman for his comments and for welcoming our proposals, and I admired his wholehearted denunciation of this terrible crime. I agree with him; I think that the approach of the Historical Enquiries Team is correct. It is treating every one of these appalling deaths—3,268 deaths is a dreadful number—in an equal manner. In some cases, its attempts meet with great difficulty, as there is limited evidence—limited forensics, no DNA and so on. I admire the consistent record of satisfaction that the HET has given to the families who have received reports so far.

[Tony Baldry (Banbury) (Con)]

I commend my right hon. Friend’s selection of Sir Desmond de Silva for the task. Sir Desmond is an outstanding international lawyer. He prosecuted war crimes in Sierra Leone in very difficult circumstances, and it is worth the House recalling that he managed to indict Charles Taylor for war crimes, establishing for the first time under international law that Heads of State did not have immunity from prosecution for war crimes. Sir Desmond is a fearless lawyer. May I ask my right hon. Friend for some clarification? Will Sir Desmond be treated by the machinery of government, and by everyone involved, with the courtesy that would be extended to a High Court judge? What exactly are his powers?

[Mr Paterson]

I am grateful to my hon. Friend for his welcome of Sir Desmond’s appointment and I wholly endorse the description of him as fearless. The House perhaps does not know that as a young barrister, aged 28, Sir Desmond represented 16 individuals facing death at the gallows, and that he saw off several assassination attempts and the 16 people were acquitted. He is someone of real international integrity and repute. I did say that I would place his letter of appointment in the Library, and it is for a distinguished lawyer such as my hon. Friend to decide whether the powers are similar to those of judges or other lawyers. The Government have said that we will make available all the papers that Sir Desmond wishes to see, and I do not think that I can make a more open or clear statement than that.

[Paul Murphy (Torfaen) (Lab)]

In 2004, I announced the inquiries into the deaths of Nelson, Billy Wright and Hamill, and in September of that year I also announced an inquiry into the Pat Finucane case. It seems to me that we were under an obligation to do that because of agreements that had been held, and anything that falls short of that obviously will not get the support of the Finucane family. They did not support the idea of an inquiry under the 2005 legislation, but they certainly will not support this so-called “inquiry”. However distinguished the lawyer, it simply is not going to work. I urge the Secretary of State to think again.

[Mr Paterson]

I am grateful to the right hon. Gentleman for his question. I pay tribute, again, to his distinguished work in Northern Ireland, but I would remind him of the position that I just described to one of his successors, the right hon. Member for St Helens South and Whiston (Mr Woodward). We were facing an impasse. We fully respected what he had done and the reasons for introducing the 2005 Act, following the Saville inquiry, which was getting out of control—everyone understood that. We understood the commitment he made at Weston Park, but this was going nowhere. It is no good having a Mexican stand-off, with things going nowhere, because we want to move Northern Ireland on. This is an extraordinarily fraught and difficult case. I think that we have been very bold and courageous in making this apology—a full, frank apology to the family, given face to face with the Prime Minister of the United Kingdom in Downing street—and then working with the family to establish the truth.

[Kris Hopkins (Keighley) (Con)]

I welcome the Secretary of State’s statement and the leadership offered by the Prime Minister, as well as his bold apology. I think it is absolutely right that we do that. I offer my sympathies to the Finucane family, as I do to the 3,500 other families out there who lost loved ones in a tragic period of the history of these islands. The truth is important, but I have a school in Ilkley that needs to be rebuilt, and after the obscene amount of money that has been spent on previous inquiries, I say to the Secretary of State that I would rather see taxpayers’ money spent there than on filling the pockets of lawyers in Belfast. Does he agree with me?

--- Later in debate ---

[Mr Paterson]

I thank my hon. Friend for his question and pay tribute to him as someone who served in the armed forces in Northern Ireland at a very difficult time, trying to maintain the peace and to preserve law and order and democracy. He and I, as Conservatives, were elected on a platform of no more costly and open-ended inquiries and we are quite clear about that. I am more concerned, however, about the effectiveness of the inquiries. My worry, having met Mrs Finucane, is the time they take and the complication that they cause. I believe that our solution will get to the truth quicker than a public inquiry would have done.

[Mark Durkan (Foyle) (SDLP)]

We all feel for Geraldine Finucane and her family today after what they found to be a pretty insulting and insensitive experience yesterday with the let-down in Downing street. We also feel for all the victims of the troubles, many of whom still deserve truth and not just from the state. Will the Secretary of State explain how the Finucane family clearly had a different understanding or impression of what was going to be offered yesterday? Will he also explain whether the Irish Government were fully briefed as the full partners of the Weston Park commitments on what was afoot and what was to unfold? Will the Secretary of State stop patronising the family and this House by talking about a bold move to resolve an impasse, because all he has done is bypass the case for an inquiry by setting up a twilight-zone review that will not be able to compel witnesses?

[Mr Paterson]

I resent that statement. I wrote to Mrs Finucane on 28 June, three weeks after we came to power, inviting her in. Unlike my predecessor, I had a meeting with her and her son and we set out very clearly in a written statement, which the hon. Gentleman saw on 11 November 2010, the criteria against which we could make a decision. It is most unfortunate—and we were genuinely very disappointed yesterday at the reaction, because we have looked at all sorts of options and we have been working on this. We made it clear—[Interruption.] We made it clear in our statement to the House that there was a range of criteria against which we would make a decision, bearing in mind the commitments and the position of the family. We talked about delays, we mentioned the political developments that have happened since in Northern Ireland. A whole range of criteria were very clearly laid out in a transparent manner in a written ministerial statement and at no stage did we give them any misleading information about where our decision was going. There has been nothing said in public.

I am in regular contact with the Irish Government. I was in Dublin last week, where I saw the Tanaiste, and the Prime Minister spoke to the Taoiseach yesterday. I spoke to the Tanaiste twice, I spoke to the Minister for Justice and Equality and I am in regular contact with the Irish ambassador. We are in regular contact and they knew that we were getting nearer a solution, but it is an incredibly sensitive subject and we made it quite clear to everyone that we had to talk to the family first.

[Gavin Williamson (South Staffordshire) (Con)]

I welcome my right hon. Friend’s statement. Will he confirm that all the material and all the conclusions of Sir Desmond’s report will be made fully available to this House and the public regardless of how embarrassing that might be to Her Majesty’s Government?

--- Later in debate ---

[Mr Paterson]

I am grateful to my hon. Friend for that question. We are absolutely clear. We have been quite open about previous reports—Saville, Nelson, Billy Wright. They were uncomfortable, difficult reports but we came straight to the House of Commons as soon as we could and made a statement. We intend to do that, whatever Sir Desmond uncovers.

[Paul Goggins (Wythenshawe and Sale East) (Lab)]

As others have said, the path to peace in Northern Ireland has been based on a willingness to negotiate and to honour agreements. I regret, as others do, the fact that the Finucane family would not accept a public inquiry under the Inquiries Act, but does the Secretary of State not accept—I say this not to score points, but as a genuine supporter of the peace process in Northern Ireland—that there is a real risk that public confidence in the Government’s good faith will have been undermined by this decision and that cracking on, as he put it, is not always the best way in Northern Ireland? What I learned there was that it is never too late, and I urge him again to reconsider.

[Mr Paterson]

I thank the right hon. Gentleman for that question and give credit to him for the work he did in his years as Minister with responsibility for security in Northern Ireland. We remain in touch—we even saw each other at the Conservative party conference last week, which he might be embarrassed to have on the record—and I am sorry that he does not agree. We had a problem. It was no good saying that we had inherited the Labour position of offering an inquiry under the Inquiries Act, which the family would not accept. We had to do something. We had to look at a way of resolving the issue, as we want to move on. I made it very clear to Mrs Finucane when I met her that we wanted to find a solution. Our solution was not to carry on with the impasse but to be imaginative. As I have said, I think our solution is bold and brave. I have great confidence that Sir Desmond will get to the truth and that we will come back here in December 2012 with a very robust report that will help move Northern Ireland on. It is not satisfactory that we do not know what happened in this case.

[Several hon. Members]

rose—

[Mel Stride (Central Devon) (Con)]

Thank you, Mr Speaker. I shall indeed be brief. I welcome my right hon. Friend’s statement, not least his reiteration of the apology to the Finucane family for collusion. Will he confirm that although we will not be seeking uncosted and open inquiries in the future, sufficient resources, as deemed by Sir Desmond, will be made available to enable a full and serious review?

[Mr Paterson]

We have discussed things with Sir Desmond and we are confident that we will provide adequate resources to enable him to complete his task by December 2012.

[Dr William McCrea (South Antrim) (DUP)]

I first pay tribute to the hundreds of thousands of security forces who served in Northern Ireland with great professionalism and bravery. Last week, my family received the review summary report on the brutal murder of my loved ones, Robert and Rachel McLernon, on 7 February 1976. We are studying that at this present time. Does the Secretary of State agree with me that all innocent victims of violence—including those at Darkley, Teebane, La Mon and so on—have a right to justice rather than our yielding to the endless demands of a select few?

[Mr Paterson]

I am grateful to the hon. Gentleman for his question and I wholly endorse his comments on those who served. I have already said in previous responses that I admire the work of the Historical Enquiries Team, which treats every one of these victims the same and does its very best under difficult circumstances and sometimes, tragically, with limited evidence, to get as near as it can to the truth.

[John Healey (Wentworth and Dearne) (Lab)]

Does the Secretary of State accept that the Government might have got this badly wrong? Will he also concede today that it was a crass misjudgment to invite the Finucane family across yesterday, raising hopes and expectations, only to tell them that the pledge of a proper public inquiry had been withdrawn? So that the House can be clear about the responsibility, was the misjudged decision his or the Prime Minister’s?

[Mr Paterson]

I regret the tone of that question. Sadly, the right hon. Gentleman has completely missed the point. We came in and inherited an impasse—I do not want to vex you, Mr Speaker, by repeating this. The previous Government, whom the right hon. Gentleman supported, was going nowhere on this and we had to break the logjam. I made the approach, I met the family, I put out the written statement and I discussed this with the Prime Minister. We are a collegiate Government and we worked this out together, but it was the Prime Minister’s personal apology in Downing street that was a very bold gesture to move this on.

[Mr Speaker]

I am pleased to tell the Secretary of State that I am not vexed.

[Dr Alasdair McDonnell (Belfast South) (SDLP)]

Does the Secretary of State accept that cracking on in the wrong direction may not be the right thing to do and that this tragic case has roots that lead right back to this House and a previous Government? A Home Office Minister in this House pointed the finger at lawyers a few days before Pat Finucane was murdered and that was sufficient endorsement for a few people—elements in the police and security forces—to send out lunatics in the loyalist paramilitaries to plan the murder of three lawyers, two of whom, now deceased, were friends of mine. The dogs in the street knew this at the time. In doing that, disrepute was brought on hon. Members across the House and those elsewhere who were members of the security forces and of the Royal Ulster Constabulary.

We now accept that there was collusion. May I ask the Secretary of State whether the proposed review will confine itself to the narrow details of the murder of Pat Finucane, or will it include investigations into the wider collusion and plotting to kill those other lawyers? Does he know of the destruction of any papers? He will be aware that papers are brought in. I am concerned that Sir Desmond, who is a very honourable and highly reputable man, does not have the power to summon people and papers; his teeth have been removed and many of the papers have been taken out.

[Mr Paterson]

I am not sure whether the hon. Gentleman was present when I read out the terms of reference, but they are very clear that the review is to draw on the extensive investigations that have already taken place—I have listed the organisations—into the murder of Pat Finucane. That is quite clear.

[Mr Tom Watson (West Bromwich East) (Lab)]

The former intelligence officer and private investigator Philip Campbell Smith has admitted to hacking the computer of another intelligence officer on behalf of Alex Marunchak of News International. Campbell Smith was arrested for witness intimidation of the very same intelligence officer, who was supposedly the only officer from the intelligence community co-operating with the Stevens inquiry into the death of Pat Finucane. It is alleged that when he was interviewed by the police he admitted that a special branch officer working on the Stevens investigation gave that personal information. I welcome the Secretary of State’s commitment to allowing Sir Desmond access, presumably, to the police statement that was given, but if Sir Desmond wants to interview that special branch officer and that officer refuses, what powers will Sir Desmond have to get to the truth?

[Mr Paterson]

I am grateful for that question, and the hon. Gentleman has made some interesting comments. These are issues for Sir Desmond to resolve, but we believe that he will find the truth in the 9,000 statements taken under caution. We should not be under any illusion that some of the previous public inquiries got all witnesses to come forward. Indeed, the hon. Member for North Antrim (Ian Paisley) did not turn up to an inquiry and was fined £5,000 because, on a point of principle, he did not want to give information. We need to get away from the idea that a public inquiry will always bring witnesses forward and will always be more effective. We have 9,000 witness statements and 1 million pages to investigate as a route to the truth. I think that is a quicker way of doing things.

[Mr Gregory Campbell (East Londonderry) (DUP)]

I welcome the Secretary of State’s statement and his recommitment to recognising the dedication and bravery of the security forces, 99.9% of whom have obeyed, kept and upheld the law. Nothing that is said today should sully the names of those people. Does the Secretary of State understand that in Northern Ireland the track record of public inquiries is not perceived as good? Even where Governments have indicated that inquiries should not be expensive, they have been, and where Governments have said that they should bring closure, they have not brought closure. Does he accept that today’s statement and announcement should mean that we start spending scarce resources on the future rather than wasting them on the past?

[Mr Paterson]

I am grateful to the hon. Gentleman for his comments. We were quite clear before, during and after the election that we believe there should not be any more costly and open-ended inquiries. We believe this is a swifter and better route and I agree that if we can resolve some of these outstanding issues—I have gone on about the impasse—we can all begin to address problems of the present and the future. That is what we are trying to do.

[Mr David Winnick (Walsall North) (Lab)]

All the atrocities committed were condemned at the time, during the 1980s and 1990s, and there was no selective condemnation. Whatever the sources of the murders, they were condemned by both sides of the House. However, will the Secretary of State recognise that this case is different, because of the extent of collusion by the state, and that the integrity of the state itself is in question. Bearing in mind that there have been two previous one-person inquiries—by Stevens and Judge Cory—that have not reached a satisfactory conclusion, is it not understandable that the family who have fought so hard for justice are so disappointed by the decision that has been reached?

[Mr Paterson]

Again, I say that we accept the verdict of Stevens that there was collusion and we have apologised. What we have set out today is a swift route to the truth.

[Sammy Wilson (East Antrim) (DUP)]

May I welcome the Secretary of State’s statement and express my disappointment that the anger that has been expressed by the family is being used to indicate that the peace process in Northern Ireland is so fragile that it will somehow fall apart as a result of the disappointment of one family? The Secretary of State has given us details about the inquiry, but will he also tell us the cost of the inquiry so far and give us an assurance that this marks a permanent end to the expensive public inquiry process of dealing with the past, which has done nothing to heal wounds but has filled the wallets of lawyers?

[Mr Paterson]

I thank the hon. Gentleman for his support. This is not an inquiry—it is a review—and I appointed Sir Desmond only this morning. To repeat, we estimate the cost to be £1.5 million. I entirely endorse the hon. Gentleman’s opinion that we need to move on. Let me pick up on an earlier comment. A few weeks ago, I was in Enniskillen, where I met about 100 young people who were asked their three priorities. Not one of them mentioned the past. I think there is a generational issue here. For those affected—the 3,268 people and any of their relatives and for the Finucane family—these events are absolutely, shatteringly appalling. Their whole adult lives have been dominated by them and we have to recognise that, but there is a new generation coming through and we have to think about them. That is why we have to resolve these outstanding issues and move on.

[John McDonnell (Hayes and Harlington) (Lab)]

Soon after I was elected in 1997, I led an Adjournment debate on the Finucane case and I do not doubt the Minister’s wish to move on. However, one thing I learned in that debate and afterwards was that unless the family sanctions the process of moving on, this will be a futile exercise. No one doubts the abilities of Sir Desmond de Silva, but, as has been pointed out, he will not have the legally enforceable right either to access papers or to demand the appearance of witnesses. I believe that unless the process has the family’s approval it will be tainted from the outset. The family was shocked yesterday. May I ask the Minister, before he takes the next step, to take a pause to allow the family to consider its position, come back and enter into more dialogue with the Government before we blunder into yet another mistake?

[Mr Paterson]

I am sorry that the hon. Gentleman takes that attitude. I do not want to repeat myself too often, but we inherited an impasse. The solution proposed by his Government was going nowhere; indeed, it was not a solution and this was festering. We fully appreciate the horror of this murder and the international significance of it. We honestly believe that getting the Prime Minister to invite the family over and meet them in person was a bold, brave move, and we sincerely believe that the appointment of this international lawyer of impeccable integrity will get to the truth faster than would have happened under a statutory inquiry, which the family would not have accepted.

[Mr David Anderson (Blaydon) (Lab)]

It seems strange for the Secretary of State to say that the truth lies in the archives. It would then have lain in the archives for over 22 years; if the truth is there, why is someone not already in jail? Witnesses need to be called in a proper way, and that could happen only through a public inquiry. Clearly, this is more about the Conservative party looking to its manifesto and saving money than about justice being done.

[Mr Paterson]

I regret the tone of that contribution, which reduces the level of our debate, and I wholly reject what the hon. Gentleman says. I believe that the Prime Minister took a bold step. I think that the hon. Gentleman’s views will be refuted in December 2012.

[Ian Mearns (Gateshead) (Lab)]

The Secretary of State said that his party was elected on a platform of no more expensive or open-ended inquiries, but I am not convinced that the coalition came into government with that stance. I welcome the fact that the Prime Minister has apologised for state collusion in the murder of Pat Finucane, but I was a bit disconcerted when the Secretary of State said in his statement that collusion was not itself a criminal offence. Representatives of the state have acted criminally; a criminal investigation should ensue. Prosecution of those complicit in the murder of Pat Finucane should come after that. May we have some guarantees that that will take place?

[Mr Paterson]

I am sure that the hon. Gentleman understands that the Director of Public Prosecutions is, and should remain, wholly independent of Government. The previous DPP found that some cases did not achieve the necessary threshold. Obviously, should Sir Desmond reveal evidence in his report, in line with the independence vested in him, it will be entirely for the DPP to investigate and pursue it.

Northern Ireland Human Rights Commission (Annual Report 2010-11)

Owen Paterson Excerpts

Tuesday 13th September 2011 Written Statements

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

I have today laid before this House a copy of the Northern Ireland Human Rights Commission’s annual report and accounts 2010-11, in accordance with schedule 7 paragraphs 5(2) and 7(3)(b) of the Northern Ireland Act 1998.

This is the 12th annual report published by the Commission.

Chief Electoral Officer for Northern Ireland (Report 2010-11)

Owen Paterson Excerpts

Tuesday 6th September 2011 Written Statements

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

The Chief Electoral Officer for Northern Ireland is responsible for all aspects of electoral administration in Northern Ireland, including the successful running of the parliamentary general election held on 6 May 2010. Section 14 of the Electoral Law Act (Northern Ireland) 1962—as amended by section 9 of the Northern Ireland (Miscellaneous Provisions) Act 2006—provides that the Chief Electoral Officer must submit an annual report to the Secretary of State. The annual report of the Chief Electoral Officer for Northern Ireland for the year 2010-11 has been laid before Parliament today.

Northern Ireland Human Rights Commission

Owen Paterson Excerpts

Monday 18th July 2011 Written Statements

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

Following an open recruitment process based on merit I have appointed Professor Michael O’Flaherty as the new Chief Commissioner of the Northern Ireland Human Rights Commission. I am also appointing seven new Commissioners to the Northern Ireland Human Rights Commission—Grainia Long, Christine Collins, John Corey, Milton Kerr, Alan McBride, Marion Reynolds and Paul Yam. The new Chief Commissioner and seven new Commissioners will take up their posts in the early autumn.

The Northern Ireland Human Rights Commission is a key part of the architecture of human rights protections in Northern Ireland, and an important feature of the Belfast agreement. The Commission is now facing new challenges, not least in fulfilling its remit in a testing economic environment.

I am confident that these new appointments will ensure that the Commission will make a significant contribution to the advancement and protection of human rights in Northern Ireland in the coming months and years.

Oral Answers to Questions

Owen Paterson Excerpts

Wednesday 6th July 2011 Commons Chamber

[Glyn Davies (Montgomeryshire) (Con)]

8. What recent assessment he has made of the threat to security in Northern Ireland posed by residual terrorist groups.

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

With your permission, Mr Speaker, I believe that the House will want to pay tribute to Sir Oliver Napier, whose funeral was held yesterday. He was a founding father and leader of the Alliance party, and a member of the power-sharing Executive in 1974. He led the way towards inclusive politics, and was widely respected across the entire community. He will be much missed.

The threat level in Northern Ireland remains at severe. Despite the overwhelming community rejection of violence, the terrorist groups continue to pose an indiscriminate threat to the safety of police officers and the general public, who want their lives to be free of fear, disruption and intimidation.

[Graham Evans]

The violent scenes that we have witnessed in part of east Belfast in recent days are obviously a matter of great concern. Will my right hon. Friend join me in sending our support and gratitude to the Police Service of Northern Ireland for its restraint, courage and success in combating that disorder as well as the continuing terrorist threat in Northern Ireland?

[Mr Paterson]

I am grateful to my hon. Friend for his question and I wholly endorse his comments. I happily put on record the Government’s deep appreciation of the restraint and skill with which the PSNI handled the recent disturbances.

However, I would put out a public appeal to all those who are considering expressing their views over the next few days. They, too, should show restraint. I remind them that the rule of law will prevail, and that this week, significant prosecutions have resulted from charges against those who broke the law a year ago.

[Jake Berry]

Does my right hon. Friend agree that close co-operation between the PSNI, the Garda, and Ministers here, in Belfast and in Dublin, is essential in combating the ongoing terrorist threat? Will he join me in congratulating the Garda on its recent discovery of an arms cache and arrests in County Louth?

[Mr Paterson]

It is almost impossible to stress how closely we are now working. Last week, I met Eamon Gilmore, the Tánaiste and Minister for Foreign Affairs and Trade, and I had several discussions in the last week with the Minister for Justice, Equality and Defence. I also recently saw the Garda commissioner. The Garda is to be wholly congratulated on its recent raid at Hackballscross in County Louth, where a significant amount of lethal matériel was apprehended. I am delighted to confirm that the co-operation with the PSNI gets better from month to month.

[Karl MᶜCartney]

Does my right hon. Friend agree that at a time of such pressure on the public finances, the exceptional deal to the give the PSNI an extra £200 million over the next four years is a clear demonstration that this Government will always stand by Northern Ireland?

[Mr Paterson]

I am grateful to my hon. Friend for giving me the chance to remind the House that we endorsed £50 million last year and a further unprecedented £200 million over the next four years. We are absolutely determined to bear down on the current threat, and I am delighted that Matt Baggot, the Chief Constable, to whom I spoke this morning, confirmed that we

“have the resources, the resilience and…the commitment”

to meet that threat.

[Glyn Davies]

All of us in the House are concerned about the recent violence in east Belfast and acknowledge the challenges facing the PSNI. Does my right hon. Friend agree that there is a very significant role for the Northern Ireland Executive in tackling the underlying causes that fuel that violence?

[Mr Paterson]

I am grateful to my hon. Friend and constituency neighbour for his question. The problem cannot be contained by security activity alone, however well co-ordinated and well funded by the PSNI and the Garda. Ultimately, this must be sorted out on the ground, by local politicians working with local people. That was confirmed in the Independent Monitoring Commission report that said:

“The main responsibility for dealing with these challenges rests with the Assembly, the Executive and local politicians, working in conjunction with community leaders, churches, the law enforcement and other public institutions, and ultimately, with the…whole community”.

[Dr William McCrea (South Antrim) (DUP)]

In 2004, Jane Kennedy, the then Northern Ireland Office Minister, told the House that an inventory of all decommissioned weapons would be published when the Independent International Commission on Decommissioning had completed its work. The IICD stood down on Monday, but no inventory was published. Will the Secretary of State tell the House why that pledge was not honoured, and does he accept that that will affect public confidence?

[Mr Paterson]

The IICD made it clear why it did not publish an inventory. We would like to be in the position to publish this data, as the then Member for Liverpool, Wavertree, Jane Kennedy, was back in 2003-04, but the success of the IICD has been its independence, and it is for it to decide—it is entirely within its remit—where it puts this information. It is now in the hands of the US Secretary of State and cannot be divulged without the prior agreement of the Irish and British Governments.

[Ms Margaret Ritchie (South Down) (SDLP)]

I acknowledge the information that the Secretary of State has just given us about dissident activity, the report published by the Independent Monitoring Commission last Monday and the fact that the level of dissident activity is now higher than when it published its first report in 2004. The report stated that loyalist groups were finding it difficult to contemplate going out of business. In that context, does he agree that whatever we do to bring the paramilitary activity to a peaceful conclusion, it will not be achieved by throwing money at gang leaders, as has been suggested in east Belfast over the past few weeks?

[Mr Paterson]

I just quoted from the IMC report showing that these problems will not be resolved by one simple solution. They have to be resolved on the ground by working with local people at the closest level. That means down to community groups and local politicians. It is not for us to lay down the law from Westminster. That is now in local hands.

[Mr Laurence Robertson (Tewkesbury) (Con)]

Will the Secretary of State give us some guidance on the extent to which the police and his office are getting co-operation from all communities in identifying those responsible for the ongoing terrorist activities on both sides of the divide?

[Mr Paterson]

I am grateful to the Chairman of the Northern Ireland Affairs Committee. The police are conducting a review and a serious investigation into the disturbances last week, and it would be wrong to pre-empt what they discover. However, once we have the information from the police, we will make further decisions.

[Chris Evans (Islwyn) (Lab/Co-op)]

2. What assessment he has made of the effects on the service sector in Northern Ireland of reductions in Government spending.

--- Later in debate ---

[Mrs Mary Glindon (North Tyneside) (Lab)]

5. What assessment he has made of the role of dissident republicans in recent disturbances in the Short Strand area of Belfast; and if he will make a statement.

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

The Government utterly condemn all those involved in the localised violence in part of east Belfast a fortnight ago. It would be unwise for me to comment on the role played by specific groups while the police investigation is ongoing, but I know that the Police Service of Northern Ireland is determined to bring those responsible to justice.

[Mrs Glindon]

Will the Minister accept that the unanimous condemnation by all the parties in Stormont shows that dissidents of all traditions might have the power to damage the peace process but not to derail it?

[Mr Paterson]

I am happy to concur wholeheartedly with the hon. Lady’s comment. Northern Ireland has moved on by a huge distance, and everyone can now express their legitimate political aims and pursue them by democratic means. There is absolutely no place for political violence in Northern Ireland today.

[Stephen Pound (Ealing North) (Lab)]

On behalf of the whole House, may I congratulate the Minister of State on his upgrading of my right hon. Friend the Member for St Helens South and Whiston (Mr Woodward) to his new role of Secretary of State for Northern Ireland? I am not entirely sure whether that was a prediction, but it is certainly one that we would support. Further to the question from my hon. Friend the Member for North Tyneside (Mrs Glindon), the Secretary of State will be aware that even below the most placid surface, dark cold undercurrents flow, and that we have to address the issue of the sectarian legacy. What is he doing to support groups such as Co-operation Ireland and other peace-builders?

[Mr Paterson]

I am grateful to the shadow Minister, who is on perky form this morning. I have regular meetings with the chairman of Co-operation Ireland; I am actually seeing him again today. However, dealing with community groups is very much in local hands. I have had recent discussions with the First Minister and the Deputy First Minister, and I am seeing both of them again tomorrow. This is very much a local issue to be sorted out on the ground according to local circumstances. [Interruption.]

[Mr Speaker]

Order. There are far too many private conversations taking place in the Chamber. We need to be able to hear the Secretary of State.

[Jim Shannon (Strangford) (DUP)]

Given the ease with which guns were produced at the Short Strand interface, does the Secretary of State understand the annoyance and anger at the fact that the inventory of the weapons destroyed by the Independent International Commission on Decommissioning was not made known? Does he agree that the people of Northern Ireland have a right to know the full extent of the destruction of weaponry that has taken place? The Conservatives and Labour have agreed on that, and the inventory has also been lodged in Washington.

[Mr Paterson]

I am fully aware of the concerns behind the hon. Gentleman’s question, but we have to take the advice of those very experienced independent professionals, who have pulled off an extraordinary task. I pay tribute to General de Chastelain and his colleagues for what they did, and if it is their professional opinion today that it would not be helpful to publish that inventory, we have to take that advice seriously, as do the Irish Government. That is why the inventory has been placed with the American Secretary of State, where it will rest. No one will see it until the British and Irish Governments together decide that the time is appropriate.

[Toby Perkins (Chesterfield) (Lab)]

9. What assessment he has made of the effect on economic growth in Northern Ireland of reductions in public expenditure.

--- Later in debate ---

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

Northern Ireland is an excellent place to do business and enjoys world-class aerospace, engineering and health technology companies, but the Northern Ireland economy is still too over-reliant on the public sector, so we are working together with the Northern Ireland Executive to help rebalance it and to boost private sector growth.

[Mr Holloway]

Will my right hon. Friend ensure that internal squabbles in the Assembly do not undermine the consultation?

[Mr Paterson]

I am delighted to report that the consultation, which ends on Friday, has received the overwhelming endorsement of all five political parties. The leaders in the Executive came to Kelvatek for the launch of that very successful consultation. My right hon. Friends the Prime Minister and the Chancellor of the Exchequer have been to Northern Ireland to see what is happening for themselves—as has my hon. Friend the Exchequer Secretary, who is going again tomorrow—and we will respond in the autumn.

[Sammy Wilson (East Antrim) (DUP)]

Does the Secretary of State agree that if the Northern Ireland economy is to be helped through the devolution of corporation tax, that must come at a fair, reasonable and acceptable price rather than a price that is detrimental to economic growth?

[Mr Paterson]

As the hon. Gentleman knows, the Treasury document makes it clear that every 2.5% reduction in corporation tax requires a £60 million to £90 million reduction in the block grant. That constitutes 0.5% of the block grant, which many economists and businesses consider to be a very modest investment.

The Prime Minister was asked—

Independent International Commission on Decommissioning (Final Report)

Owen Paterson Excerpts

Monday 4th July 2011 Written Statements

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

The final report of the Independent International Commission on Decommissioning (IICD), prepared at the request of the British and Irish Governments, has been published today by both Governments. I have placed a copy of the report in the Library.

This final report reflects on the IICD’s 12 years in operation from September 1997 to the ending of the decommissioning amnesty in February 2010. It provides an account of arms decommissioned by paramilitary organisations, a summary of key factors that enabled the commission to deliver its objectives and highlights the lessons learnt.

The commission’s remit was to provide a mechanism, entirely independent of Government, to execute the decommissioning of paramilitary arms in a manner that rendered them permanently inaccessible or unusable. The task was difficult and the commissioners worked tirelessly to achieve it. There is no doubt that their independence and high level of commitment were crucial in gaining the confidence of paramilitary organisations. The resulting major acts of decommissioning they secured have contributed to making Northern Ireland a more peaceful, stable and inclusive society.

Many will be expecting an inventory to be included in the report. The IICD did not provide the British and Irish Governments with an inventory when they submitted their final report. This was rightly a decision taken independently by the commission. The commissioners say in their final report that

“providing details now of what paramilitary arms have been put beyond use, could, in our opinion, encourage attacks on those groups which have taken risks for peace. This is true of both loyalists and republican paramilitary groups. We would not wish, inadvertently, to discourage future decommissioning events by groups that are actively engaged today, nor to deter groups that have decommissioned their arms from handing over any arms that may subsequently come to light” (paragraph 30).

The IICD has made arrangements for the safe retention of the records of decommissioned arms by the United States Department of State in Washington who will hold them securely.

Sadly, as recent violent events revealed, there remain those who have rejected peace and politics and who want to drag Northern Ireland back to its troubled past. However, the majority of paramilitary organisations have decided to pursue their goals by political and democratic means exclusively. The IICD’s final report is a valuable insight into how this has been achieved. Northern Ireland has made great strides towards stable, local democracy and I wish to place on record my immense gratitude to the Commission and their staff for their enormous contribution and longstanding commitment to their work.

Independent Monitoring Commission (Final Report)

Owen Paterson Excerpts

Monday 4th July 2011 Written Statements

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

The 26th and final report of the Independent Monitoring Commission (IMC), prepared at the request of the British and Irish Governments, has been published today by both Governments. I am laying the report before Parliament.

The IMC was set up in 2004. The commission’s remit was to independently monitor and report on paramilitary activities, on security normalisation, and any claims that any Minister or party in the Northern Ireland Assembly was not committed to democratic means.

During the seven years over which the IMC carried out this role, the level and nature of paramilitary activity has changed significantly. Operation Banner was successfully completed and the political situation in Northern Ireland has been transformed with devolution now complete and the Northern Ireland Assembly entering its second term.

The IMC has played a significant part in supporting and enabling historic changes over the years. Its independence has been vital in gaining the confidence of all those it worked with and is clearly illustrated in what they have delivered. I would like to place on record my deep gratitude to the IMC commissioners and staff for their sustained commitment over the past seven years.

The commission’s final report documents the changes that have taken place during this period and provides an assessment of the factors that helped it in delivering its remit and the lessons learnt. It is a valuable document which will be of interest to those who are, have been and continue to be involved in the peace and political process in Northern Ireland as well as to those who are involved in conflict transformation more widely. I am grateful to the IMC for its detailed and thorough report.

As the IMC themselves note, while the commission has completed its remit, the security position In Northern Ireland is far from ideal. As the violence in a part of East Belfast recently revealed, there remain those who have rejected peace and politics and who actively work to undermine it. The Government remain committed to doing all they can to end violence and to enable all the people of Northern Ireland to live peacefully and safely as is their right. I am conscious that Parliament and the public will wish to be kept informed of progress on a regular basis. I therefore intend to make statements to Parliament every six months summarising the threat, in keeping with the time scales on which the IMC used to issue its reports.

Rosemary Nelson Inquiry Report

Owen Paterson Excerpts

Monday 23rd May 2011 Commons Chamber

[The Secretary of State for Northern Ireland (Mr Owen Paterson)]

With permission, Mr Speaker, I would like to make a statement on the report into the death of Rosemary Nelson, which is being published this afternoon. Mrs Nelson, a solicitor, was murdered close to her home in Lurgan, County Armagh, on 15 March 1999 when a bomb attached to her car exploded. Responsibility for the murder was claimed by the so-called “loyalist” paramilitary group, the Red Hand Defenders.

I will first set out the report’s main conclusions before moving on to outline its findings on the Royal Ulster Constabulary, the Northern Ireland Office and the murder investigation. I will also set out the context in which this tragic event happened. The inquiry was established by the previous Government and was asked to determine

“whether any wrongful act or omission by or within the Royal Ulster Constabulary, Northern Ireland Office, Army or other state agency facilitated her death or obstructed the investigation of it, or whether attempts were made to do so; whether any such act or omission was intentional or negligent; whether the investigation of her death was carried out with due diligence; and to make recommendations.”

I would like to put on the record my thanks to Sir Michael Morland and his fellow panel members Dame Valerie Strachan and Sir Anthony Burden for their work. They have produced a detailed account of the circumstances surrounding this despicable and cowardly murder. This is a lengthy report that has cost £46.5 million and taken six years to complete. I am sure that the whole House will want to join me in hoping that it brings a measure of resolution to Rosemary Nelson’s family.

The report finds that

“There is no evidence of any act by or within any of the state agencies we have examined (the Royal Ulster Constabulary, the Northern Ireland Office, the Army or the Security Service) which directly facilitated Rosemary Nelson’s murder”.

The report goes on to say that

“we cannot exclude the possibility of a rogue member or members of the RUC or the Army in some way assisting the murderers to target Rosemary Nelson”,

although the panel does not provide specific evidence on this.

Those who are looking for evidence that the state conspired in or planned the death of Rosemary Nelson will not find it in this report. It does say that

“there were omissions by state agencies, which rendered Rosemary Nelson more at risk and more vulnerable; the combined effect of these omissions by the RUC and the NIO was that the state failed to take reasonable and proportionate steps to safeguard the life of Rosemary Nelson. If Rosemary Nelson had been given advice about her safety and offered security measures, then assuming that she had accepted such advice and security measures, the risk to her life and her vulnerability would have been reduced”.

The report does however recognise that

“There is nothing that any organisation can do that will infallibly prevent a murder. What can be reasonably looked for is a reduction in the risk”.

I am profoundly sorry that omissions by the state rendered Rosemary Nelson more at risk and more vulnerable. It is also deeply regrettable that, despite a very thorough police investigation, no one has been charged for this terrible crime.

On the investigation into the murder, which was led by a senior police officer from outside Northern Ireland, the report describes it as “exhaustive, energetic and enterprising”, concluding that

“there is no evidence of any deliberate attempt by any of the organs of the state corporately to obstruct the investigation”.

On the Royal Ulster Constabulary, the panel finds that

“some members of the RUC publicly abused and assaulted Rosemary Nelson on the Garvaghy Road in Portadown in 1997, having the effect of legitimising her as a target.”

The report states that

“we believe that there was some leakage of intelligence which we believe found its way outside the RUC”;

that

“the leakage increased the danger to Rosemary Nelson’s life”;

and that

“some members of the RUC made abusive and/or threatening remarks about Rosemary Nelson to her clients.”

In addition, the report states that

“in assessing whether or not Rosemary Nelson’s life was at risk, RUC Special Branch failed to take into account all the intelligence and the open information available to them…RUC management negligently failed to intervene to prevent their officers from uttering abuse and threats to defence solicitors, including Rosemary Nelson…Local RUC management failed to follow through promised action to pay special attention to Rosemary Nelson’s office and home addresses…there was no analysis or evaluation of intelligence relevant to Rosemary Nelson…there was a corporate failure by the RUC to warn Rosemary Nelson of her vulnerability and offer her security advice”.

In relation to the Northern Ireland Office, the report concludes that

“the NIO did not press the RUC hard enough for full replies to their questions concerning Rosemary Nelson's personal security…the NIO should have proactively questioned the RUC as to what factors were considered in producing a threat assessment…the NIO dealt in a mechanistic way with correspondence from Non-Governmental Organisations raising concerns about Rosemary Nelson's safety.”

The panel, in its findings relating to the accusations of obstruction by the state in the murder investigation, identifies:

“Special Branch gave levels of information unprecedented in the history of the RUC to the Murder Investigation Team”.

The panel also finds that the investigation team had wide-ranging terms of reference and was generously resourced, but that special branch co-operation was incomplete. Special branch was, it states,

“over-possessive about their intelligence…unjustifiably resentful and defensive about any enquiry which they interpreted as treating them as potential suspects…omitted to disclose all items of relevant intelligence”.

The panel concludes, however, that

“in the main, the investigation was carried out to a high standard, in very difficult conditions”,

and says:

“Overall, the investigation of the murder was carried out with due diligence”.

The panel has chosen not to make any recommendations, pointing to

“fundamental changes to the organisations that we have been examining and to the context within which they worked”.

In particular, the panel notes:

“The Royal Ulster Constabulary has now been replaced by the PSNI, on the lines envisaged by the Patten Commission. Many of the reforms were first proposed, and subsequently implemented, by Sir Ronnie Flanagan…Complaints against the police are now investigated by the independent Police Ombudsman for Northern Ireland, so the PSNI is not in the position of having to investigate complaints about its own officers…After the murder of Rosemary Nelson, the Key Persons Protection Scheme was amended: defence solicitors were included among those who could qualify for the scheme”.

The report concludes that

“we consider that these changes effectively deal with the systemic problems that we saw in the way that the organisations operated”.

The three panel members say in their foreword:

“We recognise that the context in which these events happened was extraordinarily difficult. We do not underestimate the problems and personal danger faced by the agencies and individuals whose work we have been examining. For example, during the Troubles, over 300 RUC officers lost their lives and over 7000 were injured; over 700 British military personnel were killed and over 6000 were injured”.

At times, such personnel stood quite literally between the rule of law and the descent into anarchy. All of us owe them an immense debt of gratitude, and that is something that this Government will never forget.

The report does make criticisms of the RUC, and we should not seek to gloss over them. But it would be wrong for the criticisms in the report to be used in any way to denigrate the overall record, courage and sacrifice of the RUC. Despite the enormous progress heralded by the agreement, Northern Ireland was still emerging from 30 years of terrorist violence in 1999. With both loyalist and republican dissidents continuing to carry out attacks, the security situation remained dangerous. As the report says,

“there were violent groups who were implacably opposed to the Peace Process who were prepared to commit sectarian murder”.

In conclusion, it is clear that just as Lord Saville found no evidence of a conspiracy by the British state, and just as Lord MacLean found no evidence of state collusion in the murder of Billy Wright, so this panel finds no evidence of any act by the state which directly facilitated Rosemary Nelson’s murder.

This report is a detailed and authoritative account of the circumstances surrounding Rosemary Nelson’s horrific death. Politically motivated violence can never be justified. The whole House will wish to join me in condemning her vile murder and also extending our deepest sympathies to her family. I commend this statement to the House.

[Mr Shaun Woodward (St Helens South and Whiston) (Lab)]

Rosemary Nelson was a prominent and diligent human rights lawyer who worked hard to protect the rights of her clients. Rosemary Nelson was also a mother, a wife, a daughter, a sister and a friend to many. She was killed by a loyalist paramilitary group shortly after midday on 15 March 1999. I join others in this House in offering my deepest sympathy to her family and her friends.

Today we have the final determinations of the inquiry. I thank the Secretary of State for a copy of his statement on those determinations and an advance opportunity to read the inquiry report. I also pay tribute to the inquiry chairman, Sir Michael Morland, to his panel members, and to the supporting Law Officers and officials.

The Secretary of State and I have both read the conclusion of the inquiry report, but I am afraid that I am unable to draw the same comfort about the findings and implications as he has done in his statement. The inquiry raises very serious issues about the police and about the Northern Ireland Office. In recognising this inquiry’s criticisms about policing, the inquiry does not take away our profound admiration for the outstanding courage and bravery of the men and women of the police family—and that of course includes the RUC—and of the Northern Ireland Office, at which I have had the privilege to be Secretary of State. I record again my thanks for the outstanding professionalism and fairness with which it was my experience to work at first hand.

However, this inquiry makes uncomfortable reading for both agencies. These agencies have undoubtedly, by what they have done, ensured that many lives have been protected from terrorist target. Indeed, we will never know just how many people might have been killed or how many people alive today were targets. However, we can be grateful to these agencies and at the same time set apart wrongdoing and failings. What is clear is that in the case of Rosemary Nelson, her death was not inevitable. The Secretary of State quoted from the report:

“There is nothing that any organisation can do that will infallibly prevent a murder. What can be reasonably looked for is a reduction in the risk”.

Well, that reduction was not reasonable. The risk could have been reduced, and it was not reduced. There were failings.

It is important to separate out the investigation into Mrs Nelson’s murder, which the inquiry described as “exhaustive, energetic and enterprising”, although

“not perfect in every respect”,

and, equally importantly, the fact that the inquiry found “no evidence of any” organisations of the state attempting

“to obstruct the investigation of the murder”.

We can distinguish this from the failure of measures to protect her life which brought about her murder. Here we have very uncomfortable reading—more uncomfortable than I think the Secretary of State recognises. It is uncomfortable for the RUC and the NIO of that time. Having reached that view, questions should also be asked about the process of threat assessments even today.

The report disturbs me. Given what was known, why was Rosemary Nelson not protected? That is our question. The report states:

“She was a very public figure and thence an obvious trophy target.”

The inquiry concluded:

“Any reasonable, thorough and objective assessment could only have reached the conclusion that general intelligence, circumstances and recent events indicated that Rosemary Nelson was at significant risk.”

On the RUC, the inquiry found that “management negligently failed”, that “local RUC management failed”, that there was

“no analysis or evaluation of intelligence in relation to Rosemary Nelson”,

and that there was

“corporate failure to warn Rosemary Nelson of her vulnerability.”

Of the NIO, the inquiry found that there were omissions rather than commission. The NIO did not press the RUC hard enough for full replies on Mrs Nelson’s security, it did not press the police on disparities between what the NIO was being told about the threat and what the RUC had concluded in its threat assessments, and it was too mechanistic. Crucially, the inquiry says of the NIO that

“there is no evidence of any internal policy discussion about the treatment of defence lawyers in general or Rosemary Nelson in particular.”

All this taken together is damning. As the inquiry concludes:

“The combined effect of these omissions by the RUC and the NIO was that the state failed to take reasonable and proportionate steps to safeguard the life of Rosemary Nelson.”

It continues:

“If Rosemary Nelson had been given advice about her safety and offered security measures, then assuming she accepted such advice and security measures, the risk to her life and her vulnerability would have been reduced.”

A worrying feature of the report is the incompleteness, or what some might see as evasiveness, in giving proper answers to reasonable questions from the inquiry. The inquiry states that it was not told that special branch

“did not maintain a paper file on Rosemary Nelson”.

Indeed, when Colin Port, who led the investigation into the murder asked about that,

“he was given an incomplete answer, and as regards whether Rosemary Nelson had an SB number, an incorrect one.”

In fact, the inquiry found that Mrs Nelson had not one number, but two. It was told that if she had had a special branch number, a special branch file would most likely have been created. The inquiry generously says:

“We cannot exclude the possibility that a paper file on Rosemary Nelson did at one time exist, but was lost or destroyed.”

It beggars belief, given that no one has yet been convicted of Mrs Nelson’s murder, that files of the state could have been allowed to be destroyed or lost during an ongoing murder investigation. That matters, because it is clear that specific views were formed by police officers that would undoubtedly have added to the risks to Mrs Nelson had they reached wider circulation.

The report needs to be read carefully. The inquiry found—you will be worried by this, Mr Speaker—that special branch in the south region, in the preparation for an application for a warrant to be signed by the Secretary of State, but which was not ultimately authorised, said of Mrs Nelson and the Provisional IRA that

“she openly supports their cause and intelligence states she has flouted the law”,

and that

“Nelson uses her legal training to assist PIRA in every way she can and it is clear Nelson is a dedicated Republican”.

That is why the conclusions of the report are so disturbing.

We may never be sure of the specific consequences of these failings. However, the inquiry states that there was an incident of abuse and assault on Mrs Nelson by members of the RUC, that there was a

“leakage of intelligence which we believe found its way outside the RUC.”

It states that the leakage and threatening remarks

“would have had the subsequent effect of legitimising her as a target in the eyes of Loyalist terrorists.”

--- Later in debate ---

[Mr Woodward]

I will, Mr Speaker.

The question that the Secretary of State must address is whether those acts of omission, negligence, failure and prejudice and a mechanistic Northern Ireland Office mean that we are in a very different position from the conclusion of the Wright inquiry, contrary to his statement today. I urge him to examine Justice Cory’s original proposals for the inquiries. Collusion is not just a matter of commission; it may also be an issue of omission. This does not prove collusion, but today the Secretary of State has been too hasty in his dismissal.

[Mr Paterson]

I have to say that I regret the shadow Secretary of State’s tone. I made it quite clear in my statement that there were criticisms of state agencies, and on his basic question—if there was a question—of why Mrs Nelson was not protected, I made it quite clear that there were analyses of her security status by the RUC and she was twice deemed not to be at risk. However, the key point is that she did not ask for protection.

It is not for me, who read the report overnight, or the right hon. Gentleman, who has had a shorter time than I had to read it, to second-guess this enormous work. What comes out quite clearly from this very lengthy report is that there were omissions, and that if they had not happened, the risk to Mrs Nelson would have been reduced. However, the report is quite clear that, sadly:

“There is nothing that any organisation can do that will infallibly prevent a murder. What can be reasonably looked for is a reduction in the risk.”

It is the fact that we did not reduce the risk—his Government was in charge at the time—for which I have apologised on behalf of the British state.

[Mr Laurence Robertson (Tewkesbury) (Con)]

May I thank the Secretary of State for advance sight of the report and his statement? Does he agree that anybody who has had the privilege of meeting the excellent police officers who protect people in Northern Ireland against vicious terrorist attacks will know that they are the most professional and dedicated people anybody could ever wish to see?

With regard to the criticisms of the RUC, is the Secretary of State now satisfied as far as he can be that measures are in place for anybody who might be perceived to be in danger in Northern Ireland, given the worrying terrorist threat that still exists?

[Mr Paterson]

I am very grateful to the Chairman of the Northern Ireland Affairs Committee for the tone of his question. As the report makes quite clear, all the main agencies have now been changed. We are confident that the home protection scheme offers a completely different type of protection from that described in the report.

[Paul Murphy (Torfaen) (Lab)]

I vividly recall the tragic death of Mrs Nelson, and indeed attending her funeral. It fell upon me, some years later, to set up this inquiry. The Secretary of State and my right hon. Friend the Member for St Helens South and Whiston (Mr Woodward) were right to praise the police service in Northern Ireland for all the great work that it does, but the report is a sorry and tragic one. Does the Secretary of State not agree that ultimately, the state simply did not protect Mrs Nelson enough, and that we must learn lessons from that? The acts of omission that occurred were tragic, and they should never, ever occur again.

[Mr Paterson]

I am grateful to the right hon. Gentleman for his question, and I pay tribute to him for his service as Secretary of State. He is absolutely right that the report makes it quite clear that there were omissions, and that if the Northern Ireland Office or the RUC had done certain things, the risk would have been reduced. However, it was also incumbent on Mrs Nelson to accept security advice at the time and ask for security help. I made it clear in my statement that I regret that those omissions meant that the risk was not reduced, but we have to face the fact that under the circumstances, it was impossible to eliminate the risk.

[Patrick Mercer (Newark) (Con)]

May I associate myself with both the tone and the content of the Secretary of State’s comments, and with the congratulations that both he and the shadow Secretary of State have given to the Royal Ulster Constabulary?

To follow on from the last question, can the Secretary of State assure us that the current scheme for protecting those who are vulnerable in a similar way to Rosemary Nelson extends both north and south of the border?

[Mr Paterson]

I am grateful to my hon. Friend for the question, but we have jurisdiction in Northern Ireland and not in southern Ireland.

[Ms Margaret Ritchie (South Down) (SDLP)]

I thank the Secretary of State for an advance copy of his report. Having known Rosemary Nelson when we were both students at Queen’s university, Belfast in the mid-1970s, I find this report very disturbing indeed. In particular, it states that

“we cannot exclude the possibility of a rogue member or members of the RUC or the Army in some way assisting the murderers to target Rosemary Nelson”.

Does the Secretary of State not agree that that is tantamount to collusion between loyalist paramilitaries and members of the then security services? Will he provide an assurance to Members of this House and to Rosemary’s family that all efforts will be made to pursue those who were responsible for this terrible murder, and that they will be held accountable in the due process of the law as quickly and expeditiously as possible?

[Mr Paterson]

I am grateful to the hon. Lady for her question, but I must repeat what the report said. This 500-page report took six years and cost £46.5 million, and was conducted by three eminent panellists. They conclude:

“There is no evidence of any act by or within any of the state agencies we have examined (the Royal Ulster Constabulary, the Northern Ireland Office, the Army or the Security Service) which directly facilitated Rosemary Nelson’s murder”.

The report makes no recommendations such as the hon. Lady suggests.

[Kris Hopkins (Keighley) (Con)]

I agree with the content of the Secretary of State’s statement, and I support his tone—it was extremely appropriate that he spoke in such a way. I do not excuse in any way anybody who did a wrong thing, but I served with members of the RUC—they were extremely brave individuals in their commitment to the service, both on and off duty. Does he agree that the PSNI is a very different creature to the policing arrangements of 1999, and that we, and people on both sides of the community, should take comfort in that?

[Mr Paterson]

My hon. Friend is absolutely right. I paid full tribute to the RUC in my statement, but we do the RUC no favours by glossing over any failings. The report makes trenchant criticisms of those failings, but my hon. Friend is right that policing is quite different today. It has a much broader base of support, and is responsible to a locally elected Minister and Policing Board. That is why the report makes no specific recommendations.

[David Simpson (Upper Bann) (DUP)]

This murder took place in my constituency. Today we have the report, which shows no evidence of collusion in relation to that murder. However, in the same area, 18 RUC officers were butchered by the Provisional IRA. We have had Teebane, La Mon and numerous other atrocities in Northern Ireland. We hear on the rumour mill that another inquiry—into Pat Finucane—could be announced. If so, will the Secretary of State also ensure an inquiry into the 18 deaths of RUC officers that occurred at La Mon and into other atrocities, in the interests of equality?

[Mr Paterson]

I am grateful to the hon. Gentleman for his question. I am fully conscious of the tragedies in his constituency and the area where he lives. In June 1997, very shortly before the events dealt with in the report, Constables Johnston and Graham were murdered in Lurgan. On the Finucane inquiry, I made a written statement to the House in November, and there was an extended period of reflection while we took in representations. I shall make an announcement soon.

[Stephen Lloyd (Eastbourne) (LD)]

I respect the Secretary of State’s apology. Clearly the Government, to some degree, failed to protect one of our citizens, so it is only right that they apologise. It was the right decision, and I respect the tenor of his apology. It was a desperate time, and Rosemary Nelson’s murder was a desperate act. However, will he give an assurance that the economic cuts faced by Northern Ireland will have no negative impact on the key persons protection scheme? It has been amended and improved since Rosemary Nelson’s desperate murder, but it is vital that it is maintained.

--- Later in debate ---

[Mr Paterson]

The KPPS has been replaced by the home protection scheme, which is now administered by my right hon. Friend the Minister of State, Northern Ireland Office, who works diligently on this and assesses each case with great care. I am surprised that my hon. Friend used the word “cuts”, because this time last year we negotiated with the Treasury an extra £50 million, and since then we have negotiated a further £200 million. The Government have promised to stand by Northern Ireland and do what is necessary to bear down on the current security threat.

[Naomi Long (Belfast East) (Alliance)]

I thank the Secretary of State for advance sight of the report, and for his measured and balanced statement. Rosemary Nelson’s murder was a brutal and callous act, and our thoughts and prayers are with her family, friends and colleagues on the release of this sobering report. My thoughts are also with the many other victims and survivors of the troubles in Northern Ireland who fear they will never have justice or even the truth about the circumstances surrounding their own situations. Does he agree that we need an inclusive and comprehensive mechanism to deal with the past and its legacy so that we can build a more stable future for Northern Ireland?

[Mr Paterson]

I am grateful for the tone of the hon. Lady’s question, which I entirely endorse. One of the other major changes, which is not mentioned in the report, is the establishment of the Historical Enquiries Team, which is looking methodically at the 3,268 cases in which people tragically lost their lives leading up to the agreement. That forms a good basis for working on the terrible losses of the past. She knows that I am considering a range of options and talking to a wide number of people. We will bring forward proposals when we think we can achieve some sort of consensus, but she knows more than anyone how difficult that will be.

[Thomas Docherty (Dunfermline and West Fife) (Lab)]

The Secretary of State’s statement identified failures by individuals in the RUC who intimidated and harassed Mrs Nelson or leaked information, and obviously there were failures by some civil servants in not pressing the RUC. Will he ask his permanent secretary to take disciplinary action against any of those civil servants still working in the Northern Ireland Office, and will he confirm whether all the individuals in the RUC whom the panel identified as having committed this harassment or leaked this information have now left the PSNI?

[Mr Paterson]

I thank the hon. Gentleman for his question and suggest that he read the report, which does not make such recommendations.