Oral Answers to Questions

Debate between Theresa Villiers and Gerald Howarth

Wednesday 20th January 2016 Commons Chamber

[Mrs Villiers]

As the right hon. Gentleman points out, the UK Government have committed significant sums to support dealing with the legacy of the past as we have in relation to shared society projects, to which I referred earlier. Our starting point is that the £150 million for bodies to deal with the past is intended for new bodies such as the historical investigations unit or the Independent Commission on Information Retrieval, but we remain open to a dialogue with the Executive on whether it would be possible to use any of those moneys in advance of those new bodies being set up. It is vital that they are set up.

[Sir Gerald Howarth (Aldershot) (Con)]

Will my right hon. Friend update us on what is happening to Soldier J and other former soldiers who were involved in the events in Londonderry on 30 January 1972, and tell us whether they continue to face prosecution? Let me impress it on my right hon. Friend that this is not simply a matter for the judicial authorities; it is a matter for her, and it is a matter of public policy for it is contrary to the interests of natural justice that men who have served their country should still, 44 years on, be facing possible prosecution.

[Mrs Villiers]

I fully appreciate my hon. Friend’s grave concerns about this case. He will appreciate, however, that matters relating to police investigations and prosecutions are taken independently of Government and independently of politicians. My understanding is that that investigation continues.

Oral Answers to Questions

Debate between Theresa Villiers and Gerald Howarth

Wednesday 25th November 2015 Commons Chamber

[Mrs Villiers]

I can give the hon. Gentleman that assurance. It would be unacceptable to set up institutions that facilitated attempts to rewrite history. That is why the Stormont House agreement has written very clearly into it that new bodies must be objective, fair and impartial in all the work they do.

[Sir Gerald Howarth (Aldershot) (Con)]

My right hon. Friend was not here in the House last week when I pressed my urgent question about the arrest of Soldier J, formerly of the Parachute Regiment. In answer, her excellent and gallant Friend, the Under-Secretary of State for Northern Ireland, said that the Secretary of State and the Irish Government had decided, on legacy issues, that the best future is to move forward and not back. Does she agree that to prosecute, nearly 50 years later, former British soldiers now in their late 60s and 70s who have done their best to serve their country would be an injustice?

[Mrs Villiers]

I am of course very much aware of my hon. Friend’s long-standing concern about that case. He will appreciate that decisions on policing and prosecution are rightly matters for the police and prosecuting authorities entirely independent of Ministers, but I reassure him that I am absolutely confident that the Police Service of Northern Ireland will approach that sensitive case with all the principles of objectivity, fairness, impartiality and respect for human rights that it displays in all its work.

Oral Answers to Questions

Debate between Theresa Villiers and Gerald Howarth

Wednesday 29th October 2014 Commons Chamber

[Mrs Villiers]

These are indeed shocking crimes and shocking allegations. I certainly would urge Sinn Fein to answer all the questions that have been put to them about this very disturbing case.

[Sir Gerald Howarth (Aldershot) (Con)]

Does my right hon. Friend accept that it is quite intolerable for my constituents in Aldershot who served with the Parachute Regiment in Northern Ireland to read in the newspapers that, because of lack of resources in the PSNI, so-called historic crimes will no longer be investigated or are in doubt? It is grossly unfair to my constituents, who have served this country to the best of their ability to try to keep the peace between the warring parties, still to be living with the threat, nearly 60 years on, of prosecution.

[Mrs Villiers]

I agree with my hon. Friend that there are many people who will suffer as a result of the announcements in recent days in relation to delays in legacy matters and criminal justice in Northern Ireland. That is an important reason to press ahead with a fresh approach on the past, to be agreed through the cross-party talks, but it is also a crucial reason for the Executive to agree a budget and to make sure that they give appropriate priority to the need for police resources when they reach that agreement.

High Court Judgment (John Downey)

Debate between Theresa Villiers and Gerald Howarth

Thursday 27th March 2014 Commons Chamber

[Mrs Villiers]

I am grateful to the hon. Gentleman for raising that point. It was of course also raised by the hon. Member for North Down (Lady Hermon). Let me be clear: Justice Hallett is free to look at all the documents that the Government have and at all the cases. The exchange of correspondence to which the hon. Lady referred was designed to provide an assurance that, because of the limited time available, the judge was not required to conduct a detailed examination of every single case and that it was acceptable to focus on cases in which initial checks indicated there was a problem, as well as a sample of others. Inevitably, when we seek answers in a limited time frame, so that we get the answers we need, there are practical limitations on what the judge may be able to do. But I am very clear that she will be allowed to do exactly what she wants to do in relation to any one of those cases. I am sure that she will also look generally at the cases across the board.

Dame Heather indicated in a statement today that she will seek to establish the facts and, where necessary, accountability in relation to what happened, to find out who was and is responsible for what happened with the OTR scheme. I expect the judge’s report to be provided to me by the end of May, or by the end of June if the May deadline proves to be impractical. As hon. Members have pointed out—not least the right hon. Member for Belfast North in his opening speech—several inquiries are under way to get to the truth of what happened, including by the Northern Ireland Affairs Committee, the Justice Committee and the police ombudsman.

I agree with a number of the comments made this afternoon, including by the hon. Member for South Antrim (Dr McCrea), that in many ways these inquiries can be complementary and can combine to reveal the full truth of what has happened.

[Sir Gerald Howarth]

Will my right hon. Friend indicate to the House whether, in her mind, there is any prospect of the Downey case being reviewed, or is it now—unlike the rest of the cases—effectively a closed case?

[Mrs Villiers]

My understanding of the legal position is that it is most unlikely that the courts would allow the case of the Hyde park bombing to be reopened, but the position may be different for other offences for which Mr Downey might be pursued.

Returning to the Hallett report, until Dame Heather is able to report, there are limits to what I can say to avoid pre-empting her conclusions, but I wish to make clear this Government’s position on amnesties: we do not support, and have never supported, amnesties from prosecution. That is why both coalition parties opposed the legislation introduced by Labour in 2005, which was withdrawn in the face of widespread opposition, as emphasised today by the hon. Members for Foyle (Mark Durkan) and for Belfast South (Dr McDonnell).

Had the Government been presented when we came to office with any scheme that amounted to immunity, exemption or amnesty from prosecution, we would have stopped it immediately. This Government believe in the rule of law and due process, and that applies across the board to everyone. Those who are still wanted for crimes must expect the law to take its course, and those who received letters under the OTR scheme cannot rely on them to avoid questioning or prosecution for offences where information or evidence becomes available now or in the future. In conclusion—