Police Ombudsman for Northern Ireland: Legacy Cases Debate
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Paul Girvan
Main Page: Paul Girvan (Democratic Unionist Party - South Antrim)Department Debates - View all Paul Girvan's debates with the Northern Ireland Office
Police Ombudsman for Northern Ireland: Legacy Cases
Paul Girvan Excerpts(5 years, 8 months ago)
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Sir Jeffrey M. Donaldson
The hon. Gentleman is absolutely right. Any reasonable person who read the police ombudsman’s report would conclude that the police did not know the precise location where the explosive device had been left by the Provisional IRA, did not know all the circumstances surrounding the incident—the kidnapping and so on—and had only broad general intelligence about an imminent attack on the security forces. However, the ombudsman concluded that the police failed to uphold Mr Dalton’s right to life. His death is tragic, and our hearts go out to his family; I understand their anger and their concern, but in the end it is the Provisional IRA who are to blame for that death, not the Royal Ulster Constabulary. I do not believe that the RUC had information available to it that could have prevented Mr Dalton’s death. There is no evidence in the police ombudsman’s report to support any other conclusion, yet he is able to say that, on the balance of probabilities, the police failed in their duty to uphold Mr Dalton’s right to life. And he says that against a background where he has the power to arrest, detain, interview and search.
Paul Girvan (South Antrim) (DUP)
This is an opportunity that is being used by those who want to rewrite history and try to imply that there is collusion in incidents that have happened. There might well be in a small number, but to try to paint it on every incident that ever happened in which someone was killed is to try to rewrite history. It is an attempt by republicanism to influence a Government-run body to bring forward those sorts of messages.
Sir Jeffrey M. Donaldson
My hon. Friend makes a broad point that is of concern to many of us regarding how the legacy process is addressing the totality of what happened in Northern Ireland during those tragic 30 years and more. The Osman test, which is often used in such cases, is very clear about what matters need to be considered when coming to conclusions about article 2—about the failure of the state to uphold the right to life. I do not believe that a conclusion reached on the balance of probabilities meets the threshold set out in the Osman test, and consequently I believe that the decision of the ombudsman is wrong.