Mr Dodds: My hon. Friend has made an important point. May I reinforce it by asking whether he recalls, as I do, that at the time of the negotiations on the devolution of police and justice powers to Northern Ireland, when certain issues still needed to be cleared up and properly debated, some people—including Members of this House who, at that time, held ministerial office—told us that if

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we did not devolve those powers, there would be violence on the streets and the strength of the dissidents would increase? Even after the devolution of the powers, we have problems with dissident terrorists, so that is a bogus argument.

Mr Campbell: That is another instance of the use of a threat that will continue to be used. In fact, just this week we heard a prominent member of Sinn Fein say that there could be a crisis in the making. Well, we have had seven years of uninterrupted devolved government, and notwithstanding all the difficulties that have arisen during those seven years, there has not been a crisis. There may be a physical revolving door at the entrance to Stormont, but there has not been a revolving door in terms of devolution. We have survived many of these mini-crises and problems, some of them invented and some real.

Let us focus on what will happen in the near future. I have no difficulty whatsoever in saying that the current devolution process in Northern Ireland is sufficiently robust to withstand any prosecution of any member of Sinn Fein, however senior, if it can be demonstrated that that person has been guilty of involvement in terrorist acts in the past. I am currently trying to establish whether that is the case, as it may well be—and if it is the case, it would be an act of cowardice, of political expediency, if anyone were to say “We cannot proceed with that prosecution because doing so might jeopardise the political process in Northern Ireland.”

As I have said, we have had seven years of uninterrupted devolution, and hopefully it will continue. I have been part of the process for those seven years, and I believe that we must work to improve it, but we must not allow it to be held to ransom by those who want to make progress in terms of further concessions to the throwback period during which many of them were involved in violence. They want to expunge their previous involvement from the record, and that must not and cannot be allowed to happen.

Today, thankfully, we have had an opportunity that has been denied to us in the past. The light of truth is now being brought to bear on the administrative scheme, but it is unfortunate that it is being brought to bear so belatedly. Had it been brought to bear at the time of the scheme’s initiation, the reality and the outcome might have been very different.

2.8 pm

Sir Gerald Howarth (Aldershot) (Con): I am pleased to be able to take part in the debate, and congratulate all who were responsible on arranging it. This issue is important and incredibly sensitive, and we should all approach it with care and consideration. The tenor of the debate has been very much in that spirit so far, and I warmly welcome it.

Let me associate myself particularly with the remarks addressed by my hon. Friend the Member for Amber Valley (Nigel Mills) to the families of those who were murdered in cold blood in Hyde park on that terrible day. That was one of a number of outrageous attacks on Britain’s armed forces, who did their level best for 38 years— under Operation Banner, the longest military operation in British history—to bring peace to Northern Ireland. I pay tribute to my right hon. and gallant Friend the Member for South Leicestershire (Mr Robathan)

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—who was here a moment ago—and to my hon. and gallant Friend the Member for Beckenham (Bob Stewart), who was also present earlier. During the troubles, 3,500 people were killed, and about 1,000 of them were members of Her Majesty’s armed forces.

I will touch only briefly on the current case, as I want to concentrate on its implications. Having reflected since this case hit the headlines, I think that there probably had to be a scheme of some sort to try to deal with the on-the-runs, and there was inevitably going to be a messy outcome. I have listened carefully to the remarks of the right hon. Member for Belfast North (Mr Dodds) and others, but I note that in a written answer on 1 July 2002 Mr Quentin Davies—then a Conservative Member, but now, of course, on the other side having taken the Labour Whip and thereby getting a passport to the other place—asked the Secretary of State for Northern Ireland

“if he will make a statement on his plans to inform persons suspected of involvement in terrorist activities that their cases will not be pursued.”

Dr John Reid, now Lord Reid, answered:

“We are still considering how best to implement the proposals which we and the Irish Government made in relation to this following the Weston Park talks.”—[Official Report, 1 July 2002; Vol. 388, c. 136W.]

He answered another question as follows:

“As a result of inquiries received and referred to the prosecuting authorities and the police, 32 individuals have been informed over the past two years that they are not wanted for arrest in relation to terrorist offences. —[Official Report, 1 July 2002; Vol. 388, c. 137W.]

That is by no means an open statement explaining a specific scheme, but clearly it did indicate that something was afoot. I do not think one can argue that Parliament was not informed; it was, through the medium of the written answer to a parliamentary question. We are busy people, however, and we face a torrent of e-mails and information from all sides, and I think it is unfortunate that it was not possible to make a more explicit statement to the House of Commons and Parliament more generally about what the Government were planning to do.

It is clearly the case that, as the hon. Member for Belfast East (Naomi Long) said, a lot of people have had to swallow hard and hold their noses about some of the decisions that were made, and she mentioned how hard she found it to accept the early release scheme, but she also made another point: that this scheme, which was not fully explained to Parliament but clearly was in evidence, arose out of discussions between the British Government and the Irish Government. She also made the point that there appears to have been no such arrangement in respect of anyone other than those suspected of republican terrorism. That raises fundamental questions that I am sure my right hon. Friend the Secretary of State for Northern Ireland will want to address. I am encouraged, however, by what she said at the Dispatch Box earlier in our debate, and she has put in her written ministerial statements that these letters were not intended to be an indemnity; they were not intended to be “get out of jail free” cards. I hope that message will be clearly got through to all those involved in this.

As I am sure the House recognises, as the Member of Parliament for the home of the British Army, Aldershot, which also formerly was for 50 years the home of the

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Parachute Regiment, I have a special interest in these matters, and it is on behalf of those of my constituents who were in Londonderry on that tragic day of 30 January 1972 that I seek to speak. At this point I would like to pay tribute to the former Secretary of State for Northern Ireland, the right hon. Member for St Helens South and Whiston (Mr Woodward), who is present today. I took a delegation of former soldiers to see him when he was Secretary of State and they and I could not have been more courteously and properly received by him. That is not to say he took their side, but it is to say that I thought he was extremely professional and extremely fair, and I thank him very much for that. I think this is the first opportunity I have had to say that publicly, although I did have the opportunity of saying it to him over a cup of coffee this morning.

We are considering today the implications of the John Downey case, however, as much as who knew what and when, and what the letters mean and so forth. For me the implications are that that raises again the issue of the treatment of the soldiers who were in Londonderry on 30 January 1972. I understand that that has been exacerbated by a decision taken by the Police Service of Northern Ireland to erect posters in Londonderry—I have not been there, but I am told this is the case—appealing for witnesses to come forward to provide evidence about that tragedy. We are talking about an event that took place 42 years ago, and it is astonishing for the PSNI to be appealing for witnesses now, not just 42 years later, but, indeed, four years after the Prime Minister made that memorable statement early in his premiership to the House in June 2010.

I have constituents who are now in their 70s and 80s who were there. They had to go through 12 years of the Saville inquiry, costing £200 million, and they had hoped that the Saville inquiry would draw a line under this, but now they find that not only is the matter not concluded, but the police deem it their business to put up these posters inviting people to give evidence. What on earth have they been doing over the past four years—leave aside the previous 38 years—to obtain that evidence?

The Prime Minister made it clear that the prosecuting authorities in Northern Ireland are entirely independent of any political process. Therefore, this is entirely a matter for the PSNI. It is astonishing that it feels the need to do this now, and I say that to make this point, too: it is the PSNI who are responsible for the whole disaster of the John Downey case in the first place. It was they who, in the vernacular, screwed up and failed to provide the Northern Ireland Office with information about what the Metropolitan police were looking for. My constituents are now invited to have confidence in an inquiry carried out by people who completely screwed up in the John Downey case.

Sammy Wilson: When the hon. Gentleman makes these allegations, perhaps he should bear in mind who issued these letters, who initiated the process, and which Government continued the process. Indeed, his own Secretary of State has issued 43 of these letters since the current Government came to office. If there has been a screw-up, surely it was a screw-up on behalf of the politicians, who continued to operate what they knew was a secret and dirty deal.

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Sir Gerald Howarth: I understand the hon. Gentleman’s point, and, indeed, I understand the passion with which he makes it, and I spoke on BBC Radio Foyle saying I thought there was a covert deal. I merely refer to the written answers in 2002 to illustrate that there was evidence. I did not know about it even though I was a shadow Defence Minister at the time, but there was evidence that these matters were being discussed. Whether or not they should have been discussed is another matter. What is clear—this is where I agree with the hon. Gentleman—is that this arrangement appears to have been, and continues to be, entirely partial. In other words, it applies only to those believed to be responsible for republican terrorism, and a legitimate matter to which the Secretary of State needs to turn her attention is whether this arrangement, to which this Government have also clearly been party, is fit for purpose, in so far as it is partial.

I wish to continue my point, because I am conscious that lots of hon. Members wish to speak and I wish to discuss a particular aspect: the case of my constituents who were serving the Crown. Whatever the verdict of the Saville inquiry, these men were doing their level best to try to hold the ring to keep the peace, and on that day there was a distinction between them and the rest of the community—they were in the uniform of Her Majesty’s armed forces. They were clearly visible and they were identifiable. They faced a crowd and were confronted by armed men lurking in the shadows, indistinguishable from the civilian crowd. It is hugely important to differentiate between the cold-blooded, premeditated murder of the kind we saw so many times conducted by republican terrorists and loyalist terrorists, and the heat-of-the-battle mistakes made by members of Her Majesty’s armed forces. To the extent that we sent them there, we cannot absolve ourselves entirely of responsibility in these matters.

So I do make a distinction and I do pose the question to this House: are we to accept that these men who were doing their best—I accept the verdict of the Saville inquiry, difficult though I find it, having spoken to many of these guys—and their behaviour should be equated with that of Ivor Bell, who was accused a few days ago of aiding and abetting in the cold-blooded murder of Jean McConville, a mother of 10 and one of the disappeared? I submit that there is a substantial distinction between these crimes, and between these men and whoever was responsible for placing the bomb in Hyde park or the bombs in Guildford, Birmingham and elsewhere.

I lost a very close friend, murdered on his doorstep in north London—Ross McWhirter, of the “Guinness Book of Records”. He was shot down on his doorstep and lay dying in the arms of his wife. We on this side have lost a number of our colleagues, murdered by the IRA—in cold blood, by people indistinguishable from the rest of the community. So we are not untouched by these matters, but I do agree with everyone that we need to move forward.

Before concluding, I wish to contrast what I have just said about the cold-blooded, premeditated murders to which the terrorists were party and what the Prime Minister said in his statement:

“Those looking for premeditation, those looking for a plan, those even looking for a conspiracy involving senior politicians or senior members of the armed forces, will not find it in this report.”—[Official Report, 15 June 2010; Vol. 511, c. 740.]

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So whatever the mistakes—the failures—identified by Saville in his report on the activities of the Paras in Londonderry on 30 January 1972, there was no premeditation; this happened in the heat of battle. It is important that we recognise that we have a duty to the soldiers we sent there, and I think there is a case that natural justice needs to be brought to play in this matter. Surely it is not fair, 42 years on, nearly half a century later, that these men, who were doing their best, along with the 250,000 others who served in Northern Ireland, should still have this question mark hovering over them in the evening of their lives—

Bob Stewart: In their old age.

Sir Gerald Howarth: In their old age, as my hon. and gallant Friend says.

I remind the House that we suffered in Aldershot, for on 22 February 1972 an IRA attack killed six civilians and one Roman Catholic padre, Padre Weston. It is true that one man was convicted—he served four years in prison and died in prison—but others were involved in that and they have never been brought to justice. I have not called for a public inquiry into what happened in Aldershot then and the bombing of the mess of the 16th Parachute Brigade, but if what is happening continues, there will be pressure on me to say, “Okay we had that inquiry into the events of 30 January 1972 in Londonderry, so what about having a public inquiry into what happened in Aldershot?” I do not think that would serve a purpose. So I do believe that, as my hon. Friend the Member for Tewkesbury (Mr Robertson) and the right hon. Member for Belfast North said, things in Northern Ireland have improved—its economy is growing and there is peace—and it is important that we look to the future.

Let me close by saying that I agree with the Prime Minister that we need to

“come together to close this painful chapter on Northern Ireland's troubled past.”—[Official Report, 15 June 2010; Vol. 511, c. 742.]

Let us do that and, in order to do that, I would like the House to consider the point that those who served as servants of the Crown in Northern Ireland do deserve to live out their days without having the threat of prosecution lingering over them.

Several hon. Members rose—

Madam Deputy Speaker (Dawn Primarolo): Order. May I say to hon. Members that the length of the speeches thus far means that if everybody makes the same length of speech, some Members will be disappointed in this debate? Rather than set a time limit I am going to ask hon. Members to speak for about 10 minutes. This will not be on the clock; I am asking Members to look at the clock when they start speaking and speak for about 10 minutes—if they take 11 minutes, there is no great panic. In that way, everybody will be able to get in. If people take longer, I will, regrettably, need to have a time limit. I think we can all co-operate and make sure that everybody gets the time they need to make their contribution to this afternoon’s debate. That gives us not a huge amount of time for the wind-ups, but sufficient, I hope, to deal with the points that are being made.

2.28 pm

Mark Durkan (Foyle) (SDLP): Thank you, Madam Deputy Speaker, and I join others in thanking the Backbench Business Committee for acceding to the

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request that I tabled for this debate. It was of course tabled by the complement of sitting MPs for Northern Ireland and supported by the Chair of the Select Committee on Northern Ireland Affairs.

The parties that sought this debate interpret some of the issues in the background differently, and perhaps will have some differences of emphasis and interpretation in terms of the implications. What absolutely unites all of us was our frustration at how we all appeared to be both insulted and implicated by the terms in which some people responded to this judgment and the fact of it. I understand why he cannot be here today, but I include in that the right hon. Member for Neath (Mr Hain). The rest of us were not all in on this in the way he and, sometimes, Sinn Fein has implied. We have seen the adoption of contradictory positions. On the one hand, Sinn Fein has said that everyone knew all about this, and that this is an entirely confected concern now and, on the other hand, it has said that it was out of sensitivity to other people that it was secret and had to be done in that way.

When one reads the whole judgment, it is absolutely clear how long and persistent Sinn Fein was in pursuit of the case for a scheme. It is also clear that a scheme was running from pretty early on. It went through various different mutations, but it was never enough. There was always the need for something more and for something else. What comes through is that in all the negotiations between Sinn Fein and the British and Irish Governments, Sinn Fein was usually negotiating for itself and its people. It was never about the broad interests of the people or the agreement and its implementation. It was never about the Irish democratic interest or about the interests of the nationalist community in Northern Ireland; it was about Sinn Fein and its people. That is what comes through consistently in the evidence.

Contrary to the way in which the media have tended to treat this issue since the court case, it is also clear that the court rested most of its judgment not so much on the content of the letter but on the import of the letter based on the evidence provided in the affidavits from, among others, the right hon. Member for Neath and Jonathan Powell. The two key people who gave evidence to the court that helped to bring about the judgment then condemned and criticised the rest of us, in the media and in other outpourings, for our reaction to it, for questioning its implications and for raising issues in relation to the background.

Let us be clear: the right hon. Gentleman has rested a lot on the fact that it was publicly known that there was a Bill in 2005. Yes, there was a Bill in 2005. The Northern Ireland (Offences) Bill—misnamed the “on-the-runs” Bill—went far beyond the issue of on-the-runs. It was not just that it provided for a scheme that we now know about, except that it included loyalists and members of the security forces. It went far further and deeper than that. It was a deeply offensive and insulting scheme that used terms such as “special prosecution” to dress up the fact that people were basically going through a process for immunity—they did not even have to go to court to get that immunity; and they did not even have to apply for the certificate themselves. Of course, victims did not have to know about it. However, if something arose in relation to any case and someone wanted to compel a witness to appear, the witness had to appear. The person who was benefiting from the certificate would not have to appear. They would not have to

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spend a day in court or look a victim in the eye, but a victim who fundamentally disapproved of this whole bizarre, obscure and sick process for which the previous Government were ready to legislate in 2005 would have been compelled to appear on penalty of contempt. That is how strange it was.

We also must remember that the big scheme of 2005—the general scheme of amnesty—with its architecture of special tribunals, appeals commissioners and special prosecutors was never cited at the time by the Democratic Unionist party as a deal breaker on the way to what everyone knew was going to be an agreement that would see a restoration of devolution with Sinn Fein and the DUP in partnership in the Office of First Minister and Deputy First Minister. We all knew in 2005 that we were on the way to that. There had been the abortive comprehensive agreement in December 2004. We all knew that the talks were ongoing and that they involved the British and Irish Governments and Sinn Fein and the DUP. When this Bill appeared, people were rightly aghast, but the DUP did not make it a deal breaker. Other issues were deal breakers, such as how the First Minister and Deputy First Minister were to be appointed and about what was going to happen with north-south reviews. This scheme, the worst one that the British Government were prepared to legislate for, was not in itself a deal breaker. That is the point that Jonathan Powell might have been referring to in his book. Whether it is accurate to say that a letter had been sent to Ian Paisley, I do not know. I know that there are many other things in Jonathan Powell’s book that are not accurate. But I do know from when I was strongly opposing the Bill in Committee that the then DUP MP for East Belfast told me that he did not understand why I was investing so much political capital in trying to stop a Bill that was a done deal.

The DUP’s concern was to ensure that everyone knew that the deal was done under David Trimble, so that they could hang it around his neck. The constant misleading reference to Weston Park, which was made at the time of that Bill and in the very court case that led to the Downey judgment, has continued because the Government of the day contrived to say that everybody was in on it and that it was agreed by all parties at Weston Park. It was not agreed by all parties at Weston Park. First, all parties were not around the one table. Secondly, there was no agreement at Weston Park. The different parties were being talked to by the two Governments about different things. It was no way to run a process, and we loudly complained about it at the time. We said that there would be more side deals, sub deals and shabby and secret deals, which would end up corrupting the process. Those chickens have now come home to roost. It is not the case that this was agreed at Weston Park by us. When the two Governments published a paper after Weston Park that included reference to the on-the-runs issue, we made it clear that it was not part of the agreement and that we understood that people were making a case around an anomaly. We did not see it as part of the agreement as such.

Let us look at some of the arguments that have been made since this has become public. On the one hand, we hear from Government and others that these letters are not an amnesty; the right hon. Member for Neath has told us that the letters are not an amnesty. Yet he goes

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on to say that because these letters are now known about, there should be a general amnesty, including for the soldiers, loyalists and others who might possibly face charges in relation to Bloody Sunday. It is strange to say that the scheme is not an amnesty, but if it becomes publicly known then there should be an amnesty for everyone else.

If people did receive indications from the police and prosecuting authorities that there were no grounds for pursuing them and that there was no live interest in any possible case against them, I see that as entirely fair. If, however, as with the soldiers on Bloody Sunday, there is an inquiry on the basis of evidence, that has to take its course, just as it must for anybody else. I share people’s disgust at the way in which this scheme has been conducted—where it has been worked through as a Shinners list. One party goes to the police with a list of names and the list seems to grow all the time. When we first heard about the on-the-run scheme, we were told that it involved only a few dozen people. Now we know that it is many, many more. We said that there would be many more, but were told by Tony Blair and others that that was wrong. Sinn Fein, which says that it believes in an Ireland of equals, has complained about political policing. It has criticised some investigations into offences since 1998 and has said that those investigations amounted to political policing, even though they were driven by evidence from victims.

If anything is political policing it is when the police end up providing a scheme on a parti pris basis, with one political party for a certain political motive, just because that has been brokered or directed by the Government of the day, and that is what has happened in this instance. I do not go along with the hon. Member for Amber Valley (Nigel Mills), who I know takes a deep interest in our affairs, in saying that we now need to know the names of everybody who received letters. The fact is that the people who got letters were those whose names were not known to the police; they were not actually being sought in any way. Some people took themselves on the run for different reasons. They could have been supergrasses who thought that they would be at more risk. Some might have felt that they were at risk of being under duress to turn supergrass themselves on the very limited information that they might have had. Many people might have had their own reason for taking themselves outside the jurisdiction.

We never had an objection to a scheme that was about notifying people who were outside the jurisdiction that they could return without being in peril of arrest. When we said that and when we opposed the 2005 Bill, we were told by the then Government that that could not be done and it would not be enough, and Sinn Fein was saying the same.

Lady Hermon: May I press the hon. Gentleman a little further to clarify his position and that of his party? Victims’ families feel extremely aggrieved by the Downey judgment and the fact that they now know that suspected murderers, perhaps of their loved ones, have been given an administrative letter. If members of those families come forward and ask the Secretary of State to confirm whether someone who is alleged to have been involved in the murder of their loved ones has received one of the administrative letters, surely to goodness the hon. Gentleman and his colleagues would support the release of that information to those families.

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Mark Durkan: I want all families to get as much information as they possibly can. The Government do not seem to be sure how many letters they sent and are now having to refer to Sinn Fein to find out who might have got letters, so I am not sure how reliable that would be.

The answer to this added grievance for those who suffered grief during the troubles might lie in ensuring that the scandal surrounding the scheme does not damage the Haass process and its prospects for dealing with some of the outstanding issues about the past and making good the difficulties with the mechanisms for dealing with individual cases, including the police ombudsman’s powers on past cases and the difficulties with the Historical Enquiries Team.

That work should be supplemented with and complemented by the hugely important thematics arm provided for in the Haass proposals. It is our view, which we raised during the Haass talks, that we need to address not only what happened during the troubles but how the past has been treated since the troubles. At times, there has been dereliction and a collective failure in the process, because we have not addressed promises made to victims and pledges made about the past in the Good Friday agreement.

Some of us tried in talks after talks to say that we should deal with the promises made to victims and the past, but, for instance, in Hillsborough 2003, when the Social Democratic and Labour party and Alliance party were arguing for a victims’ forum, partly with an eye towards considering what could be done about the past, that was vetoed because the Ulster Unionist party and Sinn Fein did not want it. Of course, at Hillsborough 2003 the two Governments produced yet another statement on the on-the-runs, saying that they would deal with the situation through a scheme that would apply to all scheduled offences. That was why it was pretty dishonest of Sinn Fein to then say that it was shocked to discover that the 2005 Bill included everybody and anybody. That was clear from day one of the Bill, but it took it until December—weeks into the process—to withdraw its support. The opposition that some of us voiced to the Hain-Adams Bill helped to mobilise victims’ groups to put pressure on Sinn Fein to withdraw its support. The Government nevertheless persisted in coming up with a bespoke scheme for Sinn Fein and this administrative scheme, which they kept relatively private.

I know that you gave us some advice on time limits, Madam Deputy Speaker, but as I led the bid for this debate I want to make some points in anticipation of some of the things that I might find myself asked by the Select Committee on Northern Ireland Affairs.

In some of the talks subsequent to the withdrawal of the Bill, such as those at St Andrews and, latterly, those that led to the devolution of justice and policing, we asked, by the by, what was happening about the on-the-runs as that had clearly been a big issue in all the previous declarations and we did not seem to be hearing about it at those talks. We were quietly told that it was not an issue and that we should forget about it.

I am particularly sorry that we do not have the benefit of the presence of Paul Goggins today, a Minister who served with absolute distinction and aplomb in the course of all this. He would have had insights to reflect on from that period. I know from conversations I had with him at St Andrews and in other places that there

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seemed to be a concern that the SDLP would create problems for Sinn Fein because our objections to what was being done in relation to MI5 were too vocal—because we got too outside of ourselves—and that if we asked too much about the on-the-runs, there was a danger we would spook things for the Democratic Unionist party and create difficulties. It is not our business to create difficulties for anybody; we want the process to move forward—but it must move forward on the basis of ethics and morality.

The right hon. Member for Neath has sought to say a lot about a lot of us in this regard. He says that we must move on and that there needs to be a wider process of amnesty. He will know full well that in South Africa a key piece of language used in the law that established the Truth and Reconciliation Commission was the phrase

“to enable South Africans to come to terms with their past on a morally accepted basis and to advance the cause of reconciliation.”

That is what we have to do. The Bill that the previous Government tried to introduce in 2005 was not a morally accepted basis for dealing with the past, nor is this scheme. The Haass proposals offer us a morally acceptable basis for dealing with the past, and one thing that should be clear is that, whatever else there is disagreement over in the text of the proposals, one point on which there is no disagreement is the part that repudiates amnesty as a basis for dealing with the past. The right hon. Gentleman has also commended Eames-Bradley to us, saying we should calm down and get back to it and to Haass. They both say that amnesty is no basis for our dealing with the past.

We are told that the letters are not an amnesty. We are also told that everybody knew about them, yet one of the people who tells us that, Jonathan Powell, has also said that of course the letters were private as they were nobody’s business but that of the police and those who received them. Nobody’s business. The victims and the wider democratic public have no business in them whatsoever. The idea is that a private scheme can produce letters that will then be someone’s private property—but they can then be produced in a court and have the effect that the letter appeared to have in this case. That effect was down not to any legal strength or standing—we are told that the letter was a mistake—but to the import it was given by other evidence. The suggestion was not so much that the peace process might fall apart if the prosecution proceeded, as they were perhaps too subtle for that, but that the state could never be trusted again by anybody in any negotiation or any process if the mistaken word of an official under such a shaky scheme was not seen to be upheld.

The imperative was that the word of the Government through this mistaken letter from an official had to be seen to be upheld at all costs. Many words have been given out in this process that have not been upheld. The promises made to victims in the Good Friday agreement have not been upheld. The commitment of the British Government to legislate for a Bill of Rights has not been upheld. The solemn commitment at Saint Andrews about an Irish language Act and so on have not been upheld. Clear commitments were made that if Judge Cory recommended public inquiries, including in the case of Patrick Finucane, there would be a public inquiry, but they were completely absconded from—mind you, that has no implications for anybody as it is just about the broad democratic process. Those were merely commitments made in Parliament.

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In relation to the points made by the hon. Member for Aldershot (Sir Gerald Howarth), we should remember that this House was told on the day of the Saville report that any evidence that was there to be pursued by the police and considered by the prosecution authorities would have to be so pursued and so considered and that the process would have to take its course from there. That was a solemn commitment and a solemn pledge from which, unfortunately, the right hon. Member for Neath and the hon. Member for Aldershot seem to want the Government to abscond. There are all sorts of double standards here; it is not just Sinn Fein who are guilty of double standards in this whole sordid process.

2.49 pm

Bob Stewart (Beckenham) (Con): Today, we are talking about events in London on Tuesday 20 July 1982. In particular, we are debating the consequences of an explosion—about 20 to 25 lbs of high explosive was packed with nails to cause maximum casualties, and hidden inside a Morris Marina car—in South Carriage drive near Hyde park. It was placed there by the so-called “England department” of the Irish Republican Army, and the bomb killed four members of the Blues and Royals as they rode to change the guard on Horse Guards.

Apparently, John Downey, who was arrested at Gatwick in May last year, was a leading operative of the so-called “England department” of the IRA. Yet he felt he was immune from prosecution, because he had in his possession a letter saying that he was not wanted by the Police Service of Northern Ireland, which appears to have been issued as part of the bargaining between the authorities and terrorists during the Northern Ireland peace process. When the letter was issued to Downey, the authorities either missed the fact that Downey was wanted on a 20-year arrest warrant for his alleged part in the July 1982 Hyde park bomb, or they decided to ignore the fact.

I totally understand why so many people are utterly dismayed by the fact that a suspect for the murders of four soldiers by IRA terrorists has apparently been granted immunity from prosecution. To my mind, it was an extraordinary mistake by both politicians and police in Northern Ireland. All of us here today in Parliament should send a clear signal that murder is murder and those responsible for it should face the full rigour of the law.

I remember 20 July 1982 extremely well. At the time, I was a company commander serving in Northern Ireland; unknowingly, I was also only six months away from being directly involved in a similar atrocity at Ballykelly, where I personally lost six soldiers killed by terrorists on 6 December 1982. It has had a tremendous impact on me.

In the Hyde park bombing, there were not just four deaths, but 31 other people were wounded. Seven horses were killed and several others hurt. Some older Members may remember the heroic Blues and Royals horse called Sefton, who became something of a national hero for making such a great recovery after the incident.

To their immortal memory, like my friend the right hon. Member for Belfast North (Mr Dodds), I remind the House of the names of our men who were killed in this atrocious barbarism.

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Lieutenant Anthony Daly was aged 23 and had been married only 27 days before he was murdered. I gather his mother was waiting at Horse Guards to proudly watch her son carry out his duty as escort commander. Corporal Roy Bright, aged 36, was carrying the standard. A senior soldier, Roy did not die at the scene but in hospital three days later. Trooper Simon Tipper, aged 19, died on the street. He had been married less than a month and must have been looking forward to a great life with his new bride. Finally, I must name Lance Corporal Jeffrey Young, who was just a week before his 20th birthday. With his wife Judith, he already had two children, who will never remember their heroic father. He died in hospital a day after the attack.

Neither must we forget—and we have not raised this matter—that the same IRA team, which must have consisted of several people, was also responsible for a second explosion that day. It killed seven Royal Green Jackets bandsmen in Regent’s park a few hours later. It would be remiss of me not to at least name them, too. Their names, without rank, because it does not matter any more, were Graham Barker, Robert Livingstone, John McKnight, John Heritage, George Mesure, Keith Powell and Laurence Smith. May their souls also rest in peace.

I gather that Mr Downey has at some stage raised horses, which I find somewhat ironic, and I would dearly like to see him brought to trial in whatever way we can. However, I accept that may seem unlikely, but in the meantime, as I have mentioned, there were others in his team. One other person has also been identified and taken to court, but there must have been others in the team that carried out this attack.

Everyone in this Chamber without exception will agree with this: let all who have committed criminal acts in Northern Ireland sleep unsoundly. I very much hope that one day the authorities will knock on their door, wherever they are, and bring them to book.

2.55 pm

David Simpson (Upper Bann) (DUP): It is good to follow the hon. Member for Beckenham (Bob Stewart). I agree with everything he has said, and it was said with great passion.

The day that the Downey case fell in the courts in the Old Bailey was a very sad day indeed for British justice. Not only was a terrorist released on to the streets again, but the families who had lost loved ones were left with no recourse, because the Government have said there is no course of appeal, and the old wounds were all opened up again.

The exposure of the on-the-runs—or OTRs—administrative scheme and royal prerogatives was a stab in the heart of our British values of justice. The entire scheme was based upon a lie. Its creators claim that the early release scheme in the 1998 Good Friday agreement created an anomaly for those who were on the run. It did no such thing.

There were many fundamental problems with the Belfast agreement, and that is why the Democratic Unionist party rejected it and negotiated the new St Andrews agreement. However, it did have a clear mechanism for dealing with pre-1998 offences. A person could be brought before the court, receive a fair trial and if convicted, serve time in jail. The sentence would have been a mere two years, thanks to the likes of the Ulster Unionist

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party and the Progressive Unionist party, who signed the 1998 pact, but victims would at least have had their day in court and an opportunity for justice to be done.

This conspiracy drew in a range of our institutions by acts of commission and omission. Parliament was bypassed and misled. The legislation for OTRs at that stage was withdrawn because it was unwanted, both by Parliament and by the public. It was rejected because it was repugnant, but at least it offered some level of oversight and licensing to prevent reoffending. The scheme that the Government and the Northern Ireland Office came up with did none of that. Their contempt for Parliament included deliberately misleading it, and all the political parties except Sinn Fein, on how they were dealing with the OTRs.

Lady Hermon: Will the hon. Gentleman take this opportunity to confirm that although all the parties objected to the obnoxious Northern Ireland (Offences) Bill, the Government in power at the time would have pushed it through this House had it not been for Sinn Fein belatedly registering its opposition to it? It was dropped because of Sinn Fein’s opposition, not the overwhelming opposition of the general public, RUC widows and others.

David Simpson: The hon. Lady is absolutely right.

No unionist would be surprised by the role the Northern Ireland Office at the time had in the design and implementation of the scheme. At the time, its pandering to republicanism and its contempt for Unionism and its representatives were a permanent feature of direct rule. However, it drew the Police Service of Northern Ireland into its dirty deals as well. In a question to the assistant chief constable—I believe it was Assistant Chief Constable Harris—my colleague on the Policing Board, Mr Thomas Buchanan, asked about the OTRs. The PSNI’s response was this:

“At this moment in time, there are no on the runs we are aware of residing in Northern Ireland, and if there was information to suggest there were individuals who are wanted for crime living within this jurisdiction, then we would be very anxious to learn of that.”

That was in 2010. That gave the impression that there was a desire to catch criminals, but the scheme was doing exactly the opposite.

Ian Paisley (North Antrim) (DUP): My hon. Friend knows that the former deputy chair of the Policing Board, Mr Bradley, has publicly stated that the board was briefed about the on-the-runs and knew all about it. Will my hon. Friend go further today and dismiss that as a fantasy?

David Simpson: Yes, I certainly will. It was an absolute fantasy, as the evidence that has come from Policing Board representatives over the past few weeks confirms.

At the same time the OTR scheme was running, the PSNI established the Historical Enquiries Team. It was supposed to be a systematic approach to give every victim the opportunity for justice. The OTR scheme now draws a long shadow over all the HET’s work. Some will conclude that as one section of the PSNI tried to put people before a court, another was helping them to avoid it.

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I will not speak for long, because I know that many other Members wish to speak.

Lady Hermon: Will the hon. Gentleman allow me to intervene?

David Simpson: I apologise to the hon. Lady, but I want to move on and so will not give way, because many Members wish to speak.

The constituency I represent, as those who know Northern Ireland will understand, has a big contingent of security force personnel, both past and present. I know from my discussions with those individuals and organisations that they are totally disgusted by this scheme. Their attitude is that it took courage to put on the uniform of the Crown forces to defend the people and Northern Ireland, and if someone in their organisations stepped out of line, the full rigour of the law was brought upon them, and rightly so, they emphasised. But there are people who have been on the run and who went away on their holidays, and they were on the run because they were conscious of what they had done, and they got letters to give them reprieve. There is one law for one organisation and one law for another. It is despicable. It has opened a can of worms.

My last point is about the royal prerogatives. It would be interesting to discover who has received the royal prerogatives. Has Mr McGuinness? Has Mr Adams? Has Mr Kelly? I will go further. As the House knows, and as I have mentioned before, a number of members of my family were assassinated by the IRA. Have some of the people who carried out those murders received the royal prerogatives? It is disgusting. It is wrong. The victims out there are suffering. We promised them justice, but a lot of them will never see it. I am glad that both inquiries have now opened. We look forward to the Select Committee inquiry, which will go into every nook and cranny. We will, at some stage, discover who initiated this and when. We will discover who allowed this to happen.

3.4 pm

Dr William McCrea (South Antrim) (DUP): The revelation that has emerged about the so-called on-the-runs administrative scheme demonstrates that the previous Government committed a monstrous betrayal of the rights of many of their own citizens. They actively conspired with Sinn Fein, the political wing of the Provisional IRA, to deny hundreds of UK citizens the prospect of ever seeing justice for their relatives who had been murdered or injured as part of the terrorist campaign waged by the IRA in Northern Ireland and in Great Britain.

If it achieved nothing else, the collapse of the trial of Mr John Downey at least brought into the open the nefarious plot that our own Government had a hand in. It is now time to establish the full and complete truth about this scheme—who started it, who knew about it, and what other agencies were implicated in it. There are now no fewer than four separate inquiries of different natures taking place into this scheme. I welcome each and every one and believe that they can complement each other.

Before we progress to some of the details about this issue, it is worth looking at first principles. When they were elected to office in 1997, the Labour Government headed by Tony Blair vowed to be the most open and

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transparent Government that the country had ever had. To that end, they introduced, among other things, the Freedom of Information Act 2000, which was designed to ensure that, within the limits of data protection and national security, people would be able to scrutinise the work of those who governed them. It is contrary to that commitment to openness and transparency that no Government Minister ever saw fit to come to this House to inform Members of a dirty deal that was going on with Sinn Fein-IRA. It is at variance with the other actions of previous Governments in opening up Government to public accountability that they would keep such an important matter hidden from the scrutiny not only of this House but of Her Majesty’s Opposition and all the Northern Ireland parties—except, of course, Sinn Fein.

This raises an important political point. In Northern Ireland, progress is dependent on the mutual consent of both the major traditions that exist within our community. Despite the fact that there has been a consistent and vast majority in support of the Union throughout the duration of the troubles in Northern Ireland, Unionists recognise the necessity of finding accommodation with those who hold to the minority viewpoint with regard to Ulster’s constitutional position. In that context, the fact that the Government connived behind the backs of the Unionist community to deliver the scheme was bad enough, but their action also represented a betrayal of the constitutional nationalist tradition in Northern Ireland.

The Government acted in a secretive and one-sided fashion because they knew that had the details of this scheme been made public, they would not have been able to carry with them this House or the greater number of people from the Unionist and the nationalist backgrounds in Northern Ireland. They knew that they were doing wrong, and that is why they tried to hide their actions from everyone, except themselves as a Government and Sinn Fein. The Bible says:

“The wicked flee when no man pursueth”,

and that seems apt today. The Government fled from scrutiny but no one pursued because they tried to hide what they were doing—yet this sordid deal could not remain hidden for ever.

The secret scheme whereby one political party submitted names of individuals who were on the run to receive so-called comfort letters was not merely immoral but represented a subversion of justice and made a mockery of the rule of law. When clear and direct questions were asked previously, including of senior Ministers, we were not told about the scheme. For example, in October 2006, when we asked in the House whether such a procedure existed, we were told:

“There is no other procedure.”—[Official Report, 11 October 2006; Vol. 450, c. 290.]

On 1 March 2007, the hon. Member for North Down (Lady Hermon) asked

“what measures the Government are considering to deal with ‘on the runs’ other than further legislation or an amnesty.”—[Official Report, 1 March 2007; Vol. 457, c. 1462W.]

The right hon. Member for Neath (Mr Hain) replied: “None.” That one-word answer raises a serious question about the veracity of the then Government’s position.

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It is therefore right to establish whether the House of Commons has been deceived. We need to have the truth.

As I have said, different inquiries are looking into this matter and each complements the other. It is vital that together they exhaustively examine all the relevant information and question all the relevant people. It is now apparent that there were no lengths to which the Blair Administration would not go in the interests of political expediency. Those who carried out some of the most heinous crimes must never be allowed to escape responsibility for the suffering they caused. The victims of those crimes cannot escape their pain and they should have the right to bring the perpetrators to justice. The outcome of the Downey case was morally wrong. No one should be beyond the law.

Lady Hermon: I am extremely grateful to the hon. Gentleman for allowing me to intervene. Although tributes have rightly been paid by Members on both sides of the House to the victims of the Hyde Park bombing in 1982—I add my condolences to those families and friends who lost loved ones—it is right to put it on the record that Mr Downey, who walked out of the Old Bailey, was suspected of involvement in not only the Hyde park bombing but the Enniskillen bombing, in which many people lost their lives and many others were injured, and the murder of two members of the Ulster Defence Regiment who served gallantly in Northern Ireland.

Dr McCrea: I thank the hon. Lady for her intervention and I agree wholeheartedly with everything she said. The shadow over this debate is that of not only the Hyde park bombing but every other atrocity that was carried out during the campaign throughout the United Kingdom. There was no justification for the campaign of terror and no justification for the slaughter of the innocent. This House ought to once again unreservedly condemn the actions of the IRA and those who brought sorrow and grief to the United Kingdom for so many years. One thing about the Downey case is that, thankfully, it has exposed all those others who received what they believed to be letters of comfort, and I would suggest that he is probably not their favourite cousin.

I realise that I have to draw my remarks to a close. If someone is on the run, I want them to fear the police, the courts and the rule of law. I want them to fear the fact that one day justice may catch up with them. I can assure them today that if it does not catch up with them here on this earth, they will stand before God, whether they believe in Him or not, and face His judgment and wrath.

In the aftermath of the Downey case judgment, the Secretary of State said:

“We will take whatever steps are necessary to make clear to all recipients of letters arising from the administrative scheme, in a manner that will satisfy the courts and the public, that any letters issued cannot be relied upon to avoid questioning or prosecution for offences where information or evidence becomes available now or later.”—[Official Report, 28 February 2014; Vol. 576, c. 39WS.]

The Democratic Unionist party will insist that the Government follow up those words with concrete action.

Finally, the royal prerogative of mercy has been mentioned. I have lived for the past nearly 50 years in a community that went through the nightmare of terrorism.

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South Londonderry used to be the killing fields of IRA murders in our Province. I gathered with many widows and many children down those years, as I did with my own family, grieving and sorrowing over the passing of our loved ones. When I hear that the likes of Liam Averill—a murderer in my community—is supposed to have received the royal prerogative of mercy, that is absolutely disgusting. It is laughable in a certain way that the big provo hero crawls to Her Majesty to get a royal prerogative of mercy, but it is also disgusting and sickening. I would like to know who advanced his name and who advised Her Majesty to execute the royal prerogative of mercy for the likes of the murdering thug Liam Averill. I would also like to know the names of the others who received the royal prerogative of mercy, because I can assure the House that there was no mercy from the provos for my family and the other families in Northern Ireland who suffered grief and who to this day continue to suffer heartbreak at the loss of their loved ones.

3.15 pm

Lady Hermon (North Down) (Ind): It is very kind of you, Madam Deputy Speaker, to call me in this very important Back-Bench debate. I am happy to put on the record my thanks to the Backbench Business Committee for allocating such an extensive period for it. I am very grateful to right hon. and hon. Members who have taken interventions throughout the debate. I will try to contain my comments to less than 10 minutes, so that those who have been so generous to me have an opportunity to speak at length.

Ian Paisley: Will the hon. Lady give way?

Lady Hermon: Of course. I will put into practice what I have just said.

Ian Paisley: Given that the hon. Lady is an esteemed and very skilled legal expert, will she refer to the possible opportunities that now pertain to try to get someone such as Mr Downey with his experience—an alleged mass murderer—back into our courts, whether by warrant, extradition or whatever?

Lady Hermon: I am most grateful to the hon. Gentleman for intervening so early. That is a really interesting question. My honest and frank answer, as he would expect from the hon. Member for North Down, is that Mr Downey of course resides in Donegal. That is his place of residence and his domicile. Frankly, after the Downey case and its revelations, I have absolutely no confidence that this British Government would request the extradition of Mr Downey. I would love the Secretary of State to intervene now to say that I am completely wrong.

Mrs Villiers rose—

Lady Hermon: Oh, the Secretary of State is intervening.

Mrs Villiers: I emphasise that such decisions are for the prosecuting authorities, not for politicians.

Lady Hermon: I am very grateful to the Secretary of State for making that very interesting point, which brings me to a matter that I hope she can resolve later

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this afternoon. Like many hon. Members, I am really curious about the legal status of all the comfort letters or administrative letters issued to more than 200 cronies, pals or comrades of Gerry Adams. That is what they had to be: they were exclusively republican activists—terrorists—but they were buddies of Mr Adams.

I wrote a letter to the right hon. Member for Neath (Mr Hain), and I have asked him to clarify some of his replies in early 2007. As I have said, I am very sorry that he is not in the Chamber, but he has explained why he cannot be here. I do not want to criticise him, because when we have disagreed, we have always managed to have a very good working relationship. I will not therefore, in his absence, pick up the questions raised by other hon. Members about his replies in early 2007. Perhaps the hon. Member for Ealing North (Stephen Pound), who will wind up for the Opposition, will at some stage try to reconcile the irreconcilable. Before he speaks, perhaps he would take the opportunity to check the replies of the right hon. Member for Neath, which have been quoted by several Members, and try to reconcile them for us, which would be very helpful.

To return to the Secretary of State’s intervention, I tabled a written question to the Attorney-General asking him to rule on the legal status post the Downey case. I had a very courteous reply, as one would expect from the Attorney-General—of course drafted by very efficient civil servants—and it was a perfect parliamentary answer in that it was extremely brief. His reply, dated Monday 24 March, states:

“I have made no assessment. The status of the letters is a matter that may be considered by the right hon. Dame Heather Hallett in her review.”—[Official Report, 24 March 2014; Vol. 578, c. 43W.]

There was discretion for Lady Justice Hallett to look at the status of the letters that had been issued. However, the following day, I learned from an online report by the BBC’s Northern Ireland correspondent, Vincent Kearney, that Lady Justice Hallett

“is not expected to reach a conclusion on the specific legal effect of individual letters, or any action taken or not taken as a result of the letter being sent”.

That quotation is from the letters that were exchanged between the director general of the Northern Ireland Office, Julian King, and the Lord Chief Justice of England and Wales.

In the Secretary of State’s intervention, she was clear that there would be an independent decision on whether to issue a request for the extradition of Mr Downey from Donegal. Will she intervene on me and explain who exactly has the remit to tell the people in Northern Ireland, the people in this House and, indeed, the recipients of the more than 100 administrative letters what exactly is the legal status of those letters post-Downey? Have they been rescinded or have they not been rescinded? Do the recipients sleep easy in bed or do they not?

Mrs Villiers: I am happy to reiterate what I have said on a number of occasions over recent weeks. The letters were merely a statement of fact about whether an individual was wanted by the police at that time on the basis of the evidence that was available. They do not confer an amnesty. Nobody who has one should think that it immunises them from prosecution. If the evidence is present now or in the future to justify a prosecution, it will be taken forward.

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Lady Hermon: I am very grateful indeed to the Secretary of State for what I think was a clarification. She said that it is not an amnesty. What exactly is the legal status? Will she also confirm, when she is winding-up—unless she wants to intervene again, of course—that the files remain open? We need an assurance that the files are open and that further evidence is being sought by police services throughout the United Kingdom, including the Police Service of Northern Ireland.

I would hate to think that the recipients of these comfort letters had had the assurance when they received their letter that their file was closed and nobody was looking for further evidence. I say that with a really heavy heart, because in reading the Downey judgment, it is clear that the Historical Enquiries Team, to which other hon. Members have referred, made inquiries about Mr Downey in relation to offences that had allegedly been committed in Northern Ireland and apparently received a negative response. That is really worrying and troublesome.

Apart from assuring the House that this is not an amnesty, we really need a commitment from the Secretary of State that she will leave this House—at the end of the debate, not now—and ask the Attorney-General about the legal status. Given that Lady Justice Hallett is not going to look at the legal status of individual letters or, indeed, of all the letters, as we know courtesy of the exchange of letters with the director general of the Northern Ireland Office, it is obviously the responsibility of the British Attorney-General to give a clear legal ruling on their status. That is absolutely imperative.

I am sorry that I keep staring at the Secretary of State and encouraging her to intervene as and when she can, but I am doing so quite deliberately. She will know that, after the Downey case, the shock that permeated through this House, across Northern Ireland and across other constituencies in the UK where there have been terrorist bombs was enormous. The vast majority of us had believed before the Downey case that there was the rule of law. This country is held in high esteem around the world because we uphold the rule of law. We now know, post-Downey, that the rule of law did not apply to the comrades of Mr Adams. He asked the then Prime Minister Tony Blair for an invisible process, and that is exactly what he received.

I tabled several questions to the Secretary of State, and I am sorry to say that she gave the same holding reply—the same stock answer. Such stonewalling was most regrettable. Interestingly though, the Secretary of State assured me on several occasions that

“the Prime Minister announced that a judge would be appointed to undertake an independent review to provide a full public account of the operation and extent of the administrative scheme for dealing with so called “on-the-runs”, which will include a factual check of all letters issued.”—[Official Report, 12 March 2014; Vol. 577, c. 207W.]

I emphasise the phrase “all letters issued”. That sentence was repeated in several written answers I received, and I understand that it is repeated on the Downing street website, because it was of course the Prime Minister’s idea to have this independent inquiry. We discovered on Tuesday, courtesy of the Belfast Telegraph, that the exchange of correspondence between the Lord Chief Justice of England and Wales and the director general of the Northern Ireland Office, Julian King, reveals that Lady Justice Hallett will not look at all the letters, but at

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a sample. It must be obvious to the Secretary of State that the written answers I received, with the undertaking that “all letters” would be considered, and the clarification by Julian King about a sample, are inconsistent. That inconsistency must be resolved this afternoon.

I tabled a painful question in which I asked the Secretary of State about the two most senior RUC officers who were murdered during the troubles, Chief Superintendent Harry Breen and Superintendent Bob Buchanan. Their families and John McBurney, the solicitor for one of the families, believe that some of the recipients of these comfort letters are alleged to have been involved in those murders. I ask the Secretary of State to give a firm assurance this afternoon that if the Breen family or the Buchanan family—or any other family of the victims of bombings and other hideous crimes—seek clarification about whether the murderers of their loved ones received one of these tawdry, dreadful, secret, scheming little letters, she will ensure that they get a clear reply, yes or no. That would be enormously helpful.

3.28 pm

Mr Shaun Woodward (St Helens South and Whiston) (Lab): I wish to associate myself with the remarks made by all hon. Members about those who lost their lives in the Hyde park and Regent park bombings. They were terrible crimes on the day they were committed, and some decades later they remain terrible crimes. It is always difficult to follow Members from Northern Ireland because they speak from such extraordinary personal experience and from personal loss. Sometimes it is really hard for other hon. Members, whatever their convictions, to speak after those who speak from the heart because they experienced the tragedy at home.

Listening to hon. Members on both sides of the House, I am of the view that the need for Justice Hallett’s review is critical, and the Secretary of State is right to expedite it. There are disadvantages in it not being a full, independent judicial review, but we know from Lord Saville that the time it would take to assemble such a review would be extremely damaging, not only to the ongoing political process in Northern Ireland but to the peace process. Indeed, the arguments around that so-called euphemism, “on-the-runs”, are testimony to why I think this review needs to come up with its findings quickly.

I was Secretary of State by a few weeks when the letter was issued to Mr Downey. As such, I take responsibility for my officials in the Northern Ireland Office, and I am happy to do so. They always acted with the most extraordinary integrity, and, as the Attorney-General set out when he spoke to the House a few weeks ago, there is no reason in any shape or form to doubt in any way the wisdom and actions of those officials or civil servants.

It is helpful to put on the record—again, I will co-operate with Justice Hallett however that is desired—that this was an administrative process. I absolutely understand the remarks of right hon. and hon. Members, and their questions about whether it was more than that, but I entirely endorse the view, expressed by the Secretary of State and by my predecessors, that the letters were designed to be statements of fact. They were part of an administrative scheme that, as the Attorney-General said, operated independently of the Government. It was intended to identify those individuals who, although

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they might believe they were unable to return to the jurisdiction without fear or arrest, would in fact face no prosecution or arrest if they were to return.

It is for Justice Hallett to ascertain whether that was the case, as I believe, but I put it on record that at no point during my tenure—which, I think, was the longest of any Secretary of State in Northern Ireland under the previous Administration—did I have reason to believe that it was ever more than an administrative process. That said, the judgment in the Downey case throws up some important questions that, as Secretary of State for those years, worry me greatly, and I am grateful to Justice Hallett for coming forward on this matter. In particular, paragraph 133 of the judgment makes it clear that:

“The PSNI did not alert the DPP (NI), or anyone else, to the fact that the defendant had been wanted by the Metropolitan Police in relation to the Hyde Park Bombing at the time of the critical correspondence in June/July 2007, or—”

and this should worry all of us—

“to the fact that the defendant was still wanted by the Metropolitan Police in…2008.”

Paragraph 137 states:

“Again, nothing was done to alert the DPP (NI), or anyone else, in relation to the defendant being wanted by the Metropolitan Police in connection with the Hyde Park Bombing.”

Those are very serious issues, and it is right that a judge consider them urgently. What they throw up is not that this was not an administrative process, but that there were clearly serious errors within that process. That throws up the question of when those errors were discovered, what happened to that information, and what course of action followed.

Lady Hermon: May I encourage the right hon. Gentleman to make it absolutely clear that during his long, and I think successful and happy time in Northern Ireland, the words “Operation Rapid” were not words that he heard, and he did not know about them until he read the Downey judgment? Is that what he is saying to the House?

Mr Woodward: Dare I say that there is a fashion when former Secretaries of State, as it were, and sometimes even serving Ministers, can sometimes hide behind forms of words? I am not suggesting that to the hon. Lady for a moment. I am not aware that we discussed the words “Operation Rapid”, but it is more than possible that pieces of paper will be found on which that phrase will appear. I say simply to the hon. Lady that it would be disingenuous for me remotely to suggest that I did not know we had an administrative process in order to establish facts. What was absolutely clear to me, by whatever name it was known, is that this was a factual operation, and in no way was the Northern Ireland Office, in any shape or form, at any point in the time I was there, or known to me before or after, interfering in that process. It was a matter of delivering those points of information.

Let me be clear to the hon. Members for South Antrim (Dr McCrea) and for Upper Bann (David Simpson) that, if the letters, in any shape or form, were reprieves or amnesties, I would share the feelings they have set out this afternoon, but at no point was I led to believe, at no point did I believe, and at no point did anybody ever tell me, that the letters could or would be used as reprieves or amnesties. They were statements of fact.

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I entirely understand hon. Members’ feelings if they believe the letters were anything other than that. They were not designed to be a reprieve or an amnesty. They were designed only as statements of fact to tell those people whether they were or were not wanted.

Lady Hermon: I am extremely grateful to the right hon. Gentleman for his generosity. Norman Baxter, who is not a Member of the House, was the PSNI officer in charge of the scheme and is named in the Downey judgment. He gave evidence to the Northern Ireland Affairs Committee on 11 November 2009. He said:

“One of my responsibilities before I retired was to conduct a review of on-the-runs, that is persons who are outside the jurisdiction. I can assure the Committee that there was an extremely unhealthy interest by officials in the Northern Ireland Office about prioritising individuals who were on the run and about ensuring that they were cleared to return to the North.”

That is not a term I would use, but it is what he said. In fairness to Norman Baxter, who was named and criticised in the Downey judgment, he has put it on the record that pressure was put on him by officials.

Mr Woodward: It is always dangerous to extrapolate from one person’s words and somebody else’s conclusion. One talks about “an interest”, but the hon. Lady’s refers to it as a “pressure”. All I can say to her is that, if there were questions from the Northern Ireland Office, as far as I am concerned, they could only ever be questions about facts. They could not in any way be about trying to interfere or change the outcome of any inquiry. The Secretary of State should know that, given the now legal status of the letters, the hon. Lady is entirely right to pose that question. It would be grossly misfortunate if the Justice were not to address that question. I remind the House that the situation is about an abuse of process, not just a letter. The entire process, of which the letter is a part, has been thrown up by the judgment.

That throws up the question of whether or not a status is conferred on the letters now—the letters were issued, as we thought, as statements of fact—that takes them beyond statements of fact. That is an issue of confidence. As the Secretary of State considers the debate—I expect her not to reply this afternoon, but to take away many of the considered comments made by right hon. and hon. Members—she should consider that the Downey judgment genuinely throws up the question whether or not letters issued in good faith by Ministers and the Northern Ireland Office as statements of fact are now more than statements of fact. If that is the case, the House deserves to know. It will be very difficult to rebuild confidence, which has been damaged across the process, without answering that question.

I am conscious of the time and do not wish to prevent other hon. Members from speaking. At the end of Justice Hallett’s review, we will have answers to some questions but not all. What will remain are questions of how we deal with some remaining dimensions of the past. The hon. Member for Aldershot (Sir Gerald Howarth) rightly puts back on the table the issue of the soldiers who were named and effectively indicted through the Saville inquiry. For them, in their old age, terrible worries ensue. Nobody should be above justice and I would never argue that whoever may be involved should be above justice. However, the case throws the issue on to the table once again and the Secretary of State may

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wish to reconsider it. That does not mean dragging out the discredited 2005 Northern Ireland (Offences) Bill, but perhaps we are approaching a point at which it would be sensible to consider a process that allows us to deal quickly and effectively, but only if it is fair, with those individual cases that arise out of dealing with the past of the troubles in Northern Ireland. It is an intolerable situation for those paratroopers to face, as the hon. Member for Aldershot set out so eloquently. It is equally intolerable for those who were victims of the troubles. I am not remotely suggesting that we revive the discredited 2005 Bill, but we know that Northern Ireland needs to move out of the past—not in the sense of forgetting its past, but it needs to move out of the grip of the past where that part of the past is a millstone around its neck.

Mark Durkan: The right hon. Gentleman refers to the eloquence of the hon. Member for Aldershot. I would hope that in doing so he is not endorsing the hon. Member for Aldershot’s description of the events of Bloody Sunday as mistakes in the heat of the battle.

Mr Woodward: Not for one moment. The hon. Member for Aldershot was kind and generous enough to say that when I was Secretary of State I always tried to deal with all these issues with impartiality. That does not mean to say that I do not think it is quite proper for right hon. and hon. Members eloquently to make cases on behalf of those they wish to represent. Whatever view Members may have, the House would have to recognise the distinction with which the hon. Gentleman has represented the case of those who were, of course, serving British interests by being soldiers in Northern Ireland at the time. That is not in any way to be a judgment by me on whether they acted in one area or another, appropriately, rightly or wrongly, but it is none the less to recognise the role they played.

I very much hope that the House will find time to debate Justice Hallett’s review when it happens. Perhaps the Secretary of State will confirm that the Government will give Government time for a full day’s debate on that review, because I think it is essential to rebuild the confidence that has been damaged by the errors that were made by the PSNI. It is crucial that the Government are able to re-establish confidence, and that this administrative process to deal with people finding out whether they were wanted or not wanted is restored to its credibility as an administrative scheme, and not some back-handed way of dealing with them in a special high-handed way.

3.42 pm

Dr Alasdair McDonnell (Belfast South) (SDLP): I, like others, welcome the opportunity to speak in the debate. I thank those responsible for making it happen. I wish to extend my sympathy again, and that of my party, to the relatives and friends of those killed in the Hyde park bombs, and beyond that to all victims and survivors generally. I do not wish to retread all the ground well covered by others, in particular by my hon. Friend the Member for Foyle (Mark Durkan).

My main concern is that we must deal with the real issues raised by the Downey case in a mature and responsible way that does not do any further damage to

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the potential for political progress in Northern Ireland that is necessary at this time. It is now very clear that serious errors were made in the management of Operation Rapid, and that those errors compromised victims’ rights to justice. The way this process was administered came at the expense of establishing an honest and robust system that could have dealt adequately with any anomalies that were out there in relation to on-the-runs or others. That could have been done in an accountable and transparent manner.

It is in the interests of the public and the victims to provide honesty and clarity on all aspects of the establishment of this so-called administrative scheme. People I have talked to want to know what went on. They want to know how those involved were selected to qualify for a letter and how some others in similar circumstances did not qualify. Indeed, they want to know—Members have referred to this already—why some people needed a royal pardon. Were they wanted for questioning, but did not quite qualify for the letters? There are many unanswered questions, and people out there want answers, because confidence in politics has been damaged and we need to restore it.

We in the SDLP have repeatedly made clear our concerns about the letters and the whole shady process that followed the collapse of the so-called on-the-run Bill in 2006. Many aspects of the process that led to the collapse of the Downey trial remain extremely unclear. Answers must be given about how it all happened, why it happened and who made it happen. I cannot accept—I do not think any of us can—any disingenuous suggestion or bogus claim that somehow, by a system of osmosis, we were all aware of everything that happened after the collapse of that Bill or that we should have been, even though we are told that it had to be secret. They cannot have it both ways. Claims have been cast around and about in some quarters that information was available to those who wanted or needed it. I want to refute that and state clearly and unambiguously that it is totally inaccurate. None of us who was near, around or about politics at the time was aware of the size and shape of the problem. We certainly knew there was an issue with on-the-runs—a concern, a problem, an anomaly—but nobody knew what was going on in the undergrowth.

This whole process has defied the public’s most basic political expectations of openness, transparency and good governance. It comes as little surprise to me, and should come as little surprise to anybody else, that so much stress has been caused since this shady process began to unravel. I hope that the review led by Justice Hallett will begin to shed some light on how the process was so appallingly badly handled. As a member of the Northern Ireland Committee, I will be doing all I can to pursue the truth—the whole truth—through the inquiries that have been set up. We have a responsibility to investigate, but, I believe—and I would urge others to do so—in a responsible manner. As far as I am concerned, there is no room for political manoeuvring or grandstanding. We need to use the opportunities afforded to us to address concerns properly and answer the questions of victims, survivors and their families, who are vulnerable and at the receiving end of this whole affair.

In Northern Ireland, victims issues are deeply sensitive. There must always be empathy, respect and sensitivity given to victims, most of whom have suffered in silence

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for many years. Neither empathy, respect nor sensitivity has been evident in the Downey case or the manner in which it has been handled. It is my view that victims and survivors are our first priority and should never be made to feel that they are being treated as an irritation or a problem that can be wished away in the interest of political expediency. We in the SDLP will try to treat victims with respect at all times. Any process that we support to deal with the past will have victims at the centre and be keenly sensitive to their concerns. For many victims, the Downey case has confirmed their worst fears and further undermined their lack of confidence in the whole process of truth, justice and reconciliation.

Let me turn for a couple of moments to the Haass process and the future, which is as important as the past. Like others, I am concerned to ensure that we do not allow ourselves to be prisoners of the past, yet at the same time we have to deal with the hangover and the problems of the past. Some have already tried to use the Downey case as an excuse to walk away from the party leaders’ negotiations that followed the Haass discussions. We cannot let this episode become an excuse to do any further damage or walk away from the negotiating table that Richard Haass helped to create. The aftermath of the Haass process is still in effect today and continues as leaders of the main parties in Northern Ireland are meeting. We are dealing with the very real challenges of the past, parading and flags. Those challenges are still with us. They have been there a long time and will remain for as long as we fail to face up to them.

Individual politicians and political parties have little right to keep complaining about issues if they refuse to take responsibility or commit to finding solutions to major problems.

Through the Haass process, we arrived at a number of positive options and concrete solutions to many of the difficult challenges that face us, especially when it comes to dealing with our past. Lord Eames said last week that issues relating to the past, parading and flags were all intertwined, and that if we solved one of them, we would begin to solve the others as well. It is essential for all of us in Northern Ireland to do all that we can to reach honourable compromises on all these issues. We cannot let the Downey case be used as an excuse for not dealing with the past; indeed, it seems to me to demonstrate the very reason why we must actively, honestly and honourably deal with the past and get to grips with it. It provides us with the impetus that will enable us to get our feet firmly back under the negotiating table and make the hard yards on the hardest of problems. It is unfortunate that the Ulster Unionist party has signalled its intention to detach itself from those negotiations.

We need honest engagement and honourable compromise, now and in the future, more than ever before. The problems that we have out there will not go away until we face them in a mature and honest way. The Downey issue is a perfect illustration of the fact that, while covert side deals and shabby quick fixes can be used for short-term purposes, they are very damaging in the long term. What we badly need are honest, open and transparent discussions with honourable conclusions.

During our efforts in the peace process over the last 20 years, we have benefited from an enormous amount of good will throughout the world. We must not squander that by failing to take on the hard issues that will allow us to finish the job and define a better future for

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Northern Ireland. I recently spent a week in Washington and New York, and was heartened to hear President Obama and Vice-President Biden echo the words spoken by ex-President Clinton during his recent visit to Derry. They said “Finish the job, finish the job”, and I appeal to all to help us to do that.

3.51 pm

Sammy Wilson (East Antrim) (DUP): I, too, welcome the fact that we are debating this important issue. Although the debate has been dominated by Northern Ireland Members, I believe that the issue should concern not just politicians from Northern Ireland, but every Member of the House. At the beginning of his speech—it was a very forensic speech, which should be welcomed—the hon. Member for Amber Valley (Nigel Mills) almost apologised for being involved in the debate, but I believe that he as much as anyone else should be concerned about the issues arising from the Downey case.

The whole matter has been brought to the fore by the hurt caused not to people in Northern Ireland, but to people in this very city who were blown apart by an IRA bomb, and, of course, to many others. The hon. Member for Aldershot (Sir Gerald Howarth) mentioned many constituents who had served in the Army, and also the IRA bombs that had hurt people in his constituency. This is an issue that affects Members throughout the House, because people in their constituencies, including people in this part of the United Kingdom, have been affected by the activities of those who received the amnesty letters—for that is what they are, however the Secretary of State wishes to describe them.

A second reason why all Members should be concerned is the fact that the House of Commons has been brought into disrepute. I believe that not just the last Government but the current Government have been sullied by the scheme whose outcome we saw in the recent court case. It calls into question whether the public can trust the words of those who want and ask for the responsibility of governing the country. Numerous assurances were given in the House: Members were told that the issue had to be addressed, and that when it was addressed, people would know about it. The hon. Member for Aldershot, who is no longer in the Chamber, was the only Member to suggest today that perhaps we should have known—that the information might have been there, but we had missed it. He said “We are busy people, we get e-mails and so forth”. He also quoted what had been said by the then Secretary of State, Dr Reid, in answer to a question. Dr Reid also said at that time that

“we have committed ourselves to resolving this issue but have not decided how it will be resolved”,

and added:

“When we have reached a conclusion, we will of course come back to the House.”—[Official Report, 20 March 2002; Vol. 382, c. 253.]

That did not happen.

One conclusion that was reached, of course, was to introduce the on-the-runs legislation. On at least two occasions after that was withdrawn, the then Secretary of State indicated, as has been pointed out by the hon. Member for North Down (Lady Hermon) and my right hon. Friend the Member for Belfast North (Mr Dodds), that he had no alternative proposal, despite the fact that the scheme was put in place not long afterwards.

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I want to make something clear. I have listened carefully to what the right hon. Member for St Helens South and Whiston (Mr Woodward) said. He stated, “This was purely an administrative scheme.” I have also served in a Government Department in Northern Ireland, and the one thing I can assure the House of is that no official, off their own bat, would start an administrative scheme as sensitive as this one, with all its political ramifications, without clear political direction and political origin. It may have eventually taken on an administrative life, but it started off with a conscious decision by politicians. They were politicians who had promised that when they came to address the issue, the facts would be known to the House and—as Dr Reid said, because he realised how sensitive the issue was—to the victims. Promises were, therefore, broken.

One reason why this debate is important is that it is about confidence in this House and in the word of politicians. The Labour party was then in government, and I have listened closely to what the shadow Secretary of State has said. When he was interviewed about the matter, he talked about it having caused hurt but said—I am quoting him almost exactly—that he did not believe the Labour party had anything to apologise for. I believe it does have something to apologise for. It must apologise first to those families who now know they will never get justice because of the double jeopardy rule. It owes an apology as well to those members of the public who have been misled by promises made by successive Secretaries of State in this House, and it also owes an apology to Members of this House.

The current Government cannot escape their responsibility either. When the new Administration took over, seamlessly, there was no indication that they had inherited an administrative scheme which had trundled on. Indeed, the Secretary of State still insists that the letters are virtually meaningless. If they are virtually meaningless, why are they so important to the peace process? If they are virtually meaningless, why did Sinn Fein send scores of names to the Northern Ireland Office to get meaningless bits of paper, and why do those who received those meaningless bits of paper now feel quite happy not to be on the run any more, but to enter the United Kingdom? It just does not add up.

The Secretary of State argues that the letters are meaningless because of what may happen if new evidence comes to light. As the hon. Member for Foyle (Mark Durkan) has pointed out, we are not clear whether that is evidence on existing cases or evidence only on new cases, but this applies only if new evidence comes to light. Given the information that the hon. Member for North Down (Lady Hermon) has provided to the House today, we know that already there are not just connections or contacts between the Northern Ireland Office and those who would be investigating, but, as Norman Baxter said, there is extremely grave interference in the process.

We have to ask: what instructions are being given to the police? What instructions are being given to the Historical Enquiries Team? It could be, “That person has received a letter, so do not be following any new lines of inquiry, do not be opening any new cases and do not be looking any further at any allegations made about them.” I do not know whether the inquiry’s remit will cover finding out whether any of those who have received such letters have subsequently had any investigation

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into their cases by the HET. It would be interesting to know that, but I suspect that the answer is no. The Secretary of State may say, “If new evidence comes to light, these letters will not mean anything”, but of course if it can be ensured that no new evidence comes to light, the letters do amount to an amnesty.

If we want an indication that that might be the case, let us examine the case presented by my hon. Friend the Member for South Antrim (Dr McCrea)—that of Liam Averill. Why could Liam Averill not benefit from the scheme? It was because the evidence was already there—he had been serving a prison sentence. He had escaped from prison and a letter was no use to him, so he had to have the royal prerogative of mercy. If any indication were needed that the letters amount to an amnesty—to a certainty that someone will not go to jail—we need only look at the case of Liam Averill, the way in which the assurances have been given by the Secretary of State and the evidence given by the police of the interference by the Northern Ireland Office in these cases.

Stephen Pound (Ealing North) (Lab): I apologise for interrupting the hon. Gentleman’s flow. He and I both served for many years on the Northern Ireland Affairs Committee, and I remember the evidence of Norman Baxter well. May I gently suggest to the hon. Gentleman that he may have slightly heard something in the evidence that the rest of us did not hear, for the words he quoted this afternoon were rather stronger, more specific and, dare I say it, more accusatory than the words I heard? May I simply ask that he look at the transcript of that evidence again?

Sammy Wilson: The transcript states three words, “extremely unhealthy interest”, which I do not think anyone, unless they really wanted to, could interpret differently. Such an interest in these cases would indicate that there was interference by the NIO. An “extremely unhealthy interest” cannot mean anything else. If the interest was “unhealthy”, it surely means that the NIO was seeking to direct the inquiry in a way that a policeman felt was not right. If it was “extremely unhealthy,” it was overbearing—that is how I reach my conclusion and I do not think I am reading anything into it. I am coming to a conclusion that is borne out by the facts, one which people must come to if they are to believe that the letters mean anything.

The one thing I do know is that Sinn Fein would not have been happy with the letters if they did not mean something. I can recall around the time of the on-the-runs sitting in studios with Sinn Fein spokesmen who, without the least bit of irony, bleated on and lamented about all these poor people who were separated from their families and could not come home to see their grannies, mummies, sons and daughters because they were on the run. There was no sense of irony arising from the fact that they were on the run because they had permanently separated many people from their families by killing them. If anyone suggests that they would have been happy with a letter that did not remedy that situation, I would say that their argument is extremely weak.

This is an important issue because, by implicating the police, it has undermined the rule of law. I know that the hon. Member for Aldershot tried to put the blame totally on the police in Northern Ireland by saying that they screwed up, and that had they not screwed up this would not have happened, but I believe that it would

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have happened anyhow. As has been shown in the court judgment, the letter was as important as the information that was contained in it.

The police have been implicated, because they have had to produce the information. I do not know how much direction the police were given, but I would have expected them, knowing the implications of this, to have felt obliged to tell the Policing Board. Yet, anyone hearing the police when they gave evidence to the Policing Board—this was not some constable, sergeant or inspector who might not have been passed all the issues, but an assistant chief constable—could not have concluded anything other than that the police were pursuing these cases. With regard to the on-the-runs, he said.

“There is then an investigation which follows into the individual and the crimes that they may have been involved in, and then this is subsequently reported to the Public Prosecution Service (PPS) where test for prosecution is met. We have been working through this process over the last number of years and it continues still to be available. So in effect, as we become aware of a name in a particular incident, we carry out a cold case review and an investigation and report that to the PPS to see then if the test for prosecution is met or any other work that may be done. The powers of arrest will exist for the original offences and there can also be Bench Warrants applied to through the courts if needs be, or if it is in relation to offences in respect of breaking out of a prison, the Prison Act also applies in respect of returning people to prison.”

That was the substance of the evidence that the police gave. There was no indication that there were some individuals for whom letters were being signed so that they could walk free—so that they could come into the jurisdiction and be sure that there would be no prosecution against them.

The rule of law and the integrity of the police—shame on those in the senior ranks who allowed themselves to be associated with this—is at stake. Many individuals in Northern Ireland are saying, “Look, I break the law, I am rightly pursued. Every avenue is used against me.” Yet here we have people who, in some cases, are guilty of mass murder walking free. For all those reasons, I believe that this has been an important debate and that the inquiry is an important inquiry. I hope that we will get to the truth of the matter about who has got these letters, whether or not investigations are still going on, whether the Northern Ireland Office is interfering in any way and stopping investigations or new leads being followed and what the implications are for the judicial process.

Let me make one last point, and then I will finish. If the Government are as appalled by this situation as they suggest—the Secretary of State has said that the letters mean nothing and it will be made clear—why did they not, once they became aware of the scheme, make the situation quite clear to the Justice Minister at least? When policing and justice were being handed over in Northern Ireland, it was kept quiet from him. Why, when there are opportunities to appeal this decision, have they not appealed? I believe that the current Government are as much a part of the political cover-up and are giving as much political cover to Sinn Fein-IRA as the previous Government did. That is why the incident is a shameful one and it merits this debate today.

4.9 pm

Jim Shannon (Strangford) (DUP): I take the Floor greatly honoured to take part in the debate. I am always proud to represent my constituency in what is often

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called the greatest seat of democracy in the world, but today I have no pride in what has happened. I stand ashamed to learn what has been done by the previous Government and continued by the present Government.

I stood in this House in 2012 and raised the issue of why there had been no prosecution of Gerry McMonagle who, despite the overwhelming evidence, has never been tried for his crimes despite coming into Northern Ireland many times over the past number of years. As a result of what has happened in the past few months, I believe I know the reason.

In the Adjournment debate in this House at that time on the subject of Lexie Cummings, attended by my right hon. Friend the Member for Belfast North (Mr Dodds) and the shadow Secretary of State, I said:

“The family visit the grave of a true gentleman, Lexie Cummings, with questions in their minds and grief in their hearts. Who can answer their questions and give them closure? Questions must be answered, because the family cannot forget that Lexie Cummings was a good man and worthy of justice. They know that for a reason unknown to them, someone has seen fit to give an unrepentant republican murderer the opportunity to parade around, with no fear of justice, in his mayoral robes. That is cruelty in the extreme, and I am here today to ask for parity in the help provided to that family and others so that they can have closure“.

They deserve closure. I also said:

“It was an open-and-shut case, and yet questions must be answered. Why did William Gerard McMonagle not stand trial for the murder of Lexie Cummings? How was it that William Gerard McMonagle was allowed to travel across the border to safety and freedom, and to begin a new life, which has led to him being the mayor of Letterkenny today? Why was he never extradited, when it was known where he was? Why was there no co-operation between the Garda Siochana and the RUC to bring McMonagle to justice?”—[Official Report, 7 March 2012; Vol. 541, c. 980-81.]

Let me outline the case. In 1982, McMonagle was summoned to court to answer to the murder of Lexie Cummings. There was a mistake in the summons, and in the time that it took the RUC to get it corrected and bring it back, he walked out of court, walked across the border and never came back. I drew attention to the matter during my Adjournment debate in 2012 and also had an opportunity to speak to my colleague, Jonathan Craig, a Member of the Legislative Assembly who is also a member of the Policing Board. I asked him to make inquiries on my behalf. I believe that there is an evidential case to be answered by this gentleman for what he did and for the murder of Lexie Cummings.

I want to know why that happened, and what steps have been taken. It would be great to get an answer from the Secretary of State, because the former Minister of State answered in a non-committal way on that night, as some Members will remember. I believe that it was all down to a dirty backroom deal that began under Blair but was perpetuated by this Government. It gives me no satisfaction whatsoever to say that, but that is the way I see it. It was a deal in which unrepentant terrorist murderers were offered amnesty and even a royal pardon from the very royal family that they despised and wanted to kill—and, indeed, did kill in the case of Lord Mountbatten.

That is a bitter pill to swallow when I think of how proud people in Northern Ireland are to see their Queen and of the Jubilee visits during which Protestants and Catholics lined up for hours to catch a glimpse and show their respect. These men had vowed to destroy the monarchy and yet were more than pleased to get their

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hands on a royal prerogative pardon as facilitated by the Northern Ireland Office and the Secretary of State to wash away the repercussions of their disgusting crimes.

Dr McCrea: It is interesting that the said Liam Averill, who got the royal pardon, was back in court in Londonderry just a month ago, not for any of his crimes under the Terrorism Acts, but for charges related to drinking and driving a vehicle under the influence. The judge on the bench fined him £200, but of course he said he did not have £200. The judge said, “How much have you in your pocket?” He said, “I have £30.” “Right, I will change the £200 to £30.” Is that justice?

Jim Shannon: It most definitely is not, and everyone in this House would endorse that. It is an example of more salt being put in people’s wounds

There can be no earthly action that can ever wash away this guilt. I am also heartened that in the next world these people will answer for their crimes, as my hon. Friend the Member for South Antrim (Dr McCrea) mentioned earlier.

Sympathies given by a Minister of State about the deaths mean less than nothing to the families of my cousin Kenneth Smyth, murdered by the IRA on 10 September 1970, and Lexie Cummings. They are an insult to their memories and the memories of all the men and women who had their lives snatched away from them by murderers who were then hidden and protected by this Government and the previous Government. Is this democracy? No. Is this moral? No. Is this simply abhorrent and downright wrong? Yes it is. There can be no whataboutery and no justifications or explanations that can satisfy. Apologies have been heard, but they do not make black to be white, wrong to be right, or broken hearts to be mended. Do they rebuild trust? No, they do not do that, either.

In a question to the then Secretary of State in 2011 about the Historical Enquiries Team, I asked:

“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”?—[Official Report, 30 November 2011; Vol. 536, c. 919.]

It is little wonder that the then Secretary of State would not agree, because they knew what had happened and what continued to happen on their watch, and they knew that it would not inspire confidence.

You can understand, Madam Deputy Speaker, why we on this side of the House and in this party—and I specifically—have concerns about how the Government have handled the matter. I look forward to the Secretary of State’s response; I hope she can take our points of view on board. I am deeply interested to hear how she will answer them and we look forward to that.

I want to mention a couple of other incidents, because I cannot let this occasion pass without mentioning them. There was the atrocity at La Mon hotel when many people were burnt alive—it is in my constituency. It has been intimated that some of those involved in that have risen to high positions, either in Northern Ireland’s jurisdiction or perhaps in jurisdictions elsewhere, in the Republic of Ireland. Do they have a paper of absolution that lets them get away with what they have

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done in the past? On behalf of the people in La Mon, I would certainly like to get more details about who has had absolution and how that has worked.

I also think of Ballydugan, where four Ulster Defence Regiment men were murdered. I knew three of those young UDR men personally. Eight people were arrested; they were questioned and then let out. Again, perhaps the Secretary of State can give us some indication of whether any of those eight people had papers of absolution or the “get out of jail free” card. If they had, I will certainly be asking for a re-investigation to be done in relation to them.

Bob Stewart: As a result of this extremely good debate this afternoon, I hope that those people with letters will get the message: they have not got a “get out of jail free” card. They have not got an amnesty, and the Police Service of Northern Ireland will now be turning its attention to investigating them and finding them.

Jim Shannon: That is exactly what I want to hear from the Secretary of State. I look forward to hearing that that is going to be the case.

The fact is now that not only have the Unionist people no confidence in the dealings of the Government, but the right-thinking moral nationalists are also disgusted by the revelations about the on-the-runs. Let me be rightly understood here: this is not simply an affront to one community but an affront to democracy and justice, and it will take some time for the people of Northern Ireland—whether man or woman, old or young, rich or poor, Protestant or Catholic—to ever again look without much suspicion on the actions of a Government who will take on terrorists on foreign shores, while protecting unrepentant terrorists on their own soil.

I hope that since 2010 Members will have recognised that I have tried in this House always to be very balanced. I have striven to look on the bright side in everything I do, as I do with my constituents as well, and I always attempt not to be too harsh in my comments. There is no bright side in this issue—just shady deals in back rooms. I cannot leave the debate with my usual hope and optimism that something can be done to make things better. Although the Secretary of State has tried to assure us that the letters cannot now be used as a “get out of jail free” card, will that restore confidence? There is a judicial review, but will that restore trust?

I have no plan or quick fix. Only openness and transparency will rebuild what has been destroyed because of what has taken place in the last few months. Many of my constituents have said to me, “I fear what else has been agreed behind our back.” If there is more bad news to come, Secretary of State, we need to know what that is going to be and whether there are any other shady deals that the previous Government have done and that this Secretary of State and the Government are carrying on.

I ask for the truth. The truth has to be heard here today. What I will always think of through this episode is the dirty dealing that rocked a nation and robbed trust in the very principles of democracy and freedom. That is how we feel about it.

The time has come to hold all the terrorists and murderers to account for their actions over the past 40 years, which they might think they have got away

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with. I believe that, as the hon. Member for Beckenham (Bob Stewart) said, it is up to the Secretary of State and this Government to make them accountable for their crimes, to do away with their bits of white paper and to put them in jail and let them rot there for the rest of their lives.

4.20 pm

Stephen Pound (Ealing North) (Lab): This is a sombre and sobering occasion. There are few occasions in this House when words are insufficient to describe the depth and strength of emotion that runs through a debate—today’s was more a threnody than a debate—and this was one such occasion. May I, like all Members who have spoken, place on the record my deepest sympathies, and those of my party, for the victims of the Hyde park and Regent’s park bombings in 1982? Their names have been read out twice today. Their names will live for ever more. We will remember them.

May I also, as has been the convention this afternoon, praise the Backbench Business Committee and the Northern Ireland Members who made it their business to lobby for this debate on the Floor of the House? If anyone doubts for a moment how raw the emotions still are or how relevant these issues remain, they will be disabused of such notions when they hear what we have heard this afternoon. I apologise for the fact that my right hon. Friend the shadow Secretary of State was unable to stay for the whole debate; there is a funeral today that he and other Members wished to attend.

In many ways we heard two debates this afternoon. On the one hand, we heard a legalistic argument about the legal consequence of this administrative process. I should put on the record the fact that, as the shadow Secretary of State stated in his letter to the Belfast Telegraph earlier this month, our party does not recant the introduction of the on-the-run administration. We say that despite the fact that “understandable anger”, and indeed fury, has been expressed at the subsequent error in the Downey case. I think that it is important to place on the record my hon. Friend’s words when he offered an unequivocal apology for the catastrophic error made in the issuing of the letter to John Downey:

“This has once again accentuated the pain for the families which never goes away and reduces the likelihood of them ever getting truth or justice.”

I cannot add to those points.

Lady Hermon: Are we to understand that the Labour party is blaming the PSNI for that catastrophic error and, in fact, commending the political decision made by Mr Blair and carried through by the right hon. Member for Kirkcaldy and Cowdenbeath (Mr Brown), and subsequently by the right hon. Member for Witney (Mr Cameron), that it is a good and defensible position that the on-the-runs, the pals of Mr Gerry Adams who are accused of the most appalling crimes committed in Northern Ireland and across the United Kingdom, have walked free? Is that the Opposition’s position?

Stephen Pound: The hon. Lady appears to be conflating two separate issues. To say that the Labour party, which was in government at the time, does not recant its position with regard to the administrative system in no way implies that people are walking free. People are not walking free. There has been no amnesty. It is crucial

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that we analyse and use the word “amnesty” with care. The hon. Lady, who is one of the most distinguished educators in Northern Ireland, is exact and precise about the etymology of the words she uses, but the word “amnesty” comes from the Greek word “amnestis”, which simply means forgetfulness—it has the same root as “amnesia”. In the context in which we are using it this afternoon—to mean a potential overlooking—it was so used only in the 16th century.

One of the things that we need to discover—I am sure that the Secretary of State will respond to this when she replies—is whether in the abuse of process there was a creative precedent or any sort of legality that arose from that. It is important, in view of the context and the great significance of this subject, that we are very precise in our language. The Secretary of State has said that there is no amnesty. We need to be precise about that and must certainly return to it.

In response to the hon. Lady’s suggestion, no, I am not seeking to blame the Police Service of Northern Ireland, and nor would I. I hope that she and they will accept my assertion of that fact.

Dr McCrea: If this was an honourable scheme or system, why was it devised behind the backs of the people of Northern Ireland, the politicians of Northern Ireland, and Members of this House; and why did only the friends of Gerry Adams get these letters, why was no loyalist included, and why did no soldier receive any letter of comfort?

Stephen Pound: Let me say, not for the first time, that I appreciate the hon. Gentleman’s personal pain, which is felt by everyone in this House. He deserves considerable respect for the courage he has shown in continuing to raise these issues despite such pain.

The answer to the hon. Gentleman is similar to the answer I gave to the hon. Member for North Down (Lady Hermon) when she asked me about reconciling the irreconcilable in connection with the previously quoted comments by the former Secretary of State, my right hon. Friend the Member for Neath (Mr Hain). In other words, on the Floor of the House this afternoon I cannot answer the question on the basis of the information that I have been given and of which we are aware. That is partly why the three inquiries are under way, and I hope that they will achieve results. I was not privy to the discussions at the time. My right hon. Friend was, and he has already made a statement. I have made a note in response to the hon. Lady’s extremely potent expression about reconciling the irreconcilable, and I will ask him for the answer, but I regret that I cannot give it on the Floor of the House this afternoon.

Jim Shannon rose—

Stephen Pound: However, I can give way to the hon. Gentleman.

Jim Shannon: The shadow Minister will have heard me outline a case in which there is clear evidence that should be taken on board in convicting and taking to court a gentleman now residing in the Republic who carried out a murder in Northern Ireland. Does the hon. Gentleman feel, as I do, and as many of us in this House do, that where there is evidence there should be

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an investigation, that there should be no amnesty for anybody as long as the evidence is there, and if the case has not been tried before the courts, it is time that it was?

Stephen Pound: Let me say this unequivocally: absolutely, that is the law. Where there is evidence of criminality, the law must run its course. If the person is living in a foreign jurisdiction, that is an issue we have to consider. I regret the use of the expression “get out of jail free” card. No one is walking around with that in their pocket; that is not the case. I hope that these matters will come out when the House gets to consider the various reports, certainly the review led by Lady Justice Hallett.

While there are the issues of legality and fine points of law, the one thing that most people reading Hansard or listening to the debate would be struck by is the immense courage and bravery of many of the speakers who have, from their personal experience, expressed their views. I particularly praise the right hon. Member for Belfast North (Mr Dodds) for refusing to allow himself or his party to go down the nihilistic road of destruction and tear down the structures because of this issue. That is a courageous statement that would not be massively popular with every single element in his constituency, and he deserves praise and credit, as does his party, for making it.

The hon. Member for Belfast East (Naomi Long) said—I think that this resonates with many of us, and I will never forget it—that the matter we are discussing today has undermined the peace process, not underpinned it. It is that serious. We have to realise that this is not a minor administrative issue; it is a major point that has to be considered in depth, and I very much hope that the three inquiries will do so.

I want to leave time for the Secretary of State to respond to those points. As the Prime Minister said, this is not the time to unpick the peace process. It is not the time to say, simply and in the name of expediency, that everything that has gone before should be forgotten. It cannot. We have heard from many speakers today how painful, raw and fresh the wounds still are. We cannot forget. We have to analyse and discover what went wrong, and we have to be open and honest about it. The fact that the current First Minister and Justice Minister were not privy to all the decisions is profoundly regrettable. I say no more than that, but I am sure the House will appreciate how much of an understatement that truly is.

I am very grateful to my right hon. Friend the Member for St Helens South and Whiston (Mr Woodward) for his contribution, which was extremely frank, open and helpful, and I very much hope that he will be involved in the various inquiries.

We have spent this afternoon talking above all about a time of great darkness when things happened that we regret. Every single one of us must bend every bone and strain every sinew to ensure that if we achieve nothing else in this House, it will be a move forward from that darkness into the light, where we can be open, honest and transparent, and where there is a better future for the people of that very brave part of the United Kingdom, because, frankly, they deserve no less than that.

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With that in mind, I support the inquiries. I am very grateful for today’s contributions and apologise for not being able to respond in detail to some of the points that have been made. However, I will ensure that my right hon. Friend the Member for Neath will respond—I can assure the House of that—and profoundly hope that when this matter is again ventilated on the Floor of the House we will have more information.

Mark Durkan: My hon. Friend says that, in the interests of truth, he will ask the right hon. Member for Neath (Mr Hain) to address the answers he gave saying that there was no scheme. At the time the right hon. Gentleman announced the withdrawal of the Bill, he said he would have to come back to the issue. That did not necessarily mean that he would come back to it in the House, but he did say that it would have to be addressed through other means. That is one of the reasons why some of us asked at subsequent talks, “What is happening about the on-the-runs?”, but we were basically told, “Shut up about it, because nobody else is worrying.”

Stephen Pound: If I have learned one thing in my life, it is that such language should not be used when speaking to people such as my hon. Friend or to any Member of this House, least of all Members representing Northern Ireland constituencies. I will certainly carry that message back. I think that the point my hon. Friend made earlier about precedent is one to which we will return, because it is of profound concern. If this document had no legal standing, did it create a precedent?

This has been a sombre and sober occasion. It is appropriate that we have been discussing matters of great moment this afternoon. I profoundly hope that the occasions on which we have to have such debates become fewer and fewer. May I thank all 15 hon. and right hon. Members who have contributed to this debate? Nothing that has been said on the Floor of the House this afternoon has been less than greatly impressive. It demands attention and will be acted upon.

4.33 pm

The Secretary of State for Northern Ireland (Mrs Theresa Villiers): I start by thanking the right hon. Member for Belfast North (Mr Dodds) for moving the motion with such a powerful and eloquent speech in opening a debate of outstanding quality. I pay tribute to all the right hon. and hon. Members who have taken part. Their contributions were authoritative, fluent and heartfelt.

I welcome a theme that has run through many of the speeches today—that despite the solemnity of this occasion and grave concern about the OTR scheme, we should still recognise the tremendous progress that has been made in Northern Ireland in the past 20 years, much of which is attributable to the Members who have taken part in this debate. That theme of optimism despite the setback of the OTR scheme was reflected in the words of the right hon. Gentleman, and those of the hon. Member for East Londonderry (Mr Campbell), my hon. Friend the Member for Amber Valley (Nigel Mills), the hon. Member for Belfast East (Naomi Long), my hon. Friend the Member for Tewkesbury (Mr Robertson) and many others.

Before I respond to the points made in the debate, I want to join in the tributes to the victims of the Hyde park atrocity. We have heard their names, and I want to

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read them out again—Lieutenant Anthony Daly, Trooper Simon Tipper, Lance Corporal Jeffrey Young and Squadron Quartermaster Corporal Roy Bright. They all lost their lives in one of the most brutal atrocities of the long years of the troubles.

Today, I want to acknowledge once again the deep sense of anger felt by so many people, not least in this House, about the judgment in the trial of John Downey and about the OTR scheme. I am sure that that anger and distress are felt most directly by the families of those who lost their lives in the Hyde park atrocity in 1982, and I want to reiterate my condolences to them. One can only imagine the depth of the pain caused by seeing the man accused of the crime walk free from court. But I know that this sense of anger has been felt more widely by other victims of terrorism who have never seen those who murdered their loved ones brought to justice, and many of whom I have met directly. I therefore want to reiterate today what I said in Belfast two weeks ago, which is that the Government are profoundly sorry for what happened in the Downey case, for reviving painful memories and for putting so many victims through the agonies of loss once again.

Turning to the questions asked by hon. Members, the scheme of which John Downey’s letter formed a part was established by the previous Government in 2000, as we have heard. It was accelerated following the rejection of the Northern Ireland (Offences) Bill in early 2006. That was the vehicle by which the previous Government had sought to give effect to commitments they had made at Weston Park in 2001.

The scheme mainly operated in this way. Sinn Fein submitted a list of individuals who believed that if they returned to the UK, they might be arrested by the police in connection with terrorist offences committed before the 1998 Belfast agreement. The names were then checked by the police, and in some cases by the Public Prosecution Service. If that checking process concluded that the lack of evidence available at the time meant that there was no realistic prospect of a successful prosecution, the individuals concerned were in most cases informed that they were no longer wanted by police in a letter signed by a Northern Ireland Office official.

Since the Downey case, the NIO has been engaged in an intensive exercise to reconcile the different information held by the NIO, the Police Service of Northern Ireland and Sinn Fein to establish the actual numbers dealt with under the scheme. That work has revealed the following provisional information: NIO records indicate that 207 names were provided by Sinn Fein or by solicitors acting on their behalf, while a further 10 names were identified by the Prison Service of Northern Ireland and four by the Irish Government, bringing the total to 221 names.

Lady Hermon: I intervene to make two points. First, will the Secretary of State explain how on earth the Prison Service of Northern Ireland was in possession of information indicating that certain people were on the run and was therefore in a position to pass on that information to the scheme? Secondly, I am sure that she would like to take this opportunity to extend her condolences in relation to those who lost their lives in Enniskillen and in relation to the two UDR men who were allegedly killed by Mr Downey, who left the Old Bailey free at the end of February.

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Mrs Villiers: I of course extend my condolences to the relatives of those who lost their lives in the Enniskillen attack and, indeed, to all others who have suffered at the hands of terrorists, both in Northern Ireland and elsewhere.

The role of the Prison Service, along with other matters, is for the Hallett inquiry to consider. My understanding is that the connection with the Prison Service is that the individuals had absconded from prison and the Prison Service wished to know whether they were still wanted.

The PSNI’s records show that it received a further seven names that do not appear to have been passed to the NIO for consideration. As far as the NIO can establish at this point, the total number of cases in which the eventual outcome was an indication that the individual concerned was not wanted by the police appears to be at least 187, but the complexity in the way the process operated means that the full confirmed facts can be established only once the Hallett report has been published.

The process of reconciling the numbers has indicated that, within the totals that I have set out, 45 individuals had their cases considered under the current Government and that three of those names were passed by the PSNI to NIO officials during this Parliament. In 12 of the cases considered by the current Government, individuals were sent letters by the NIO stating that, on the basis of current evidence, they were not wanted by the police. No letters have been issued by the NIO since December 2012 and, as far as the Government are concerned, the scheme is over.

The outcome of the Downey case has led many to believe that the letters that were sent under the scheme amount to an amnesty from prosecution. That point was raised by my hon. Friends the Members for Beckenham (Bob Stewart), for Tewkesbury and for Amber Valley, the hon. Member for Strangford (Jim Shannon) and others.

Jim Shannon: Would the Secretary of State like to confirm on the record, in today’s Hansard, whether William Gerard McMonagle is one of the people who has a white paper that gives him absolution and that he will not be made accountable for his crime of killing Lexie Cummings? If the evidence is there but he has never been before a court, does she agree that he should be brought before one?

Mrs Villiers: I am not able to comment on individual cases today, but I assure the hon. Gentleman that if there is evidence to prosecute individuals, it is vital that the PSNI pursues that evidence and that prosecution takes place in the normal way.

Mark Durkan: On the status of the letters, when the Attorney-General spoke in the House on 26 February, in column 265 of Hansard, he said:

“Neither I nor the CPS were prepared to accept that the letter and the circumstances in which it had been given were such as to automatically prevent Mr Downey’s prosecution.”—[Official Report, 26 February 2014; Vol. 576, c. 265.]

Was the Secretary of State or the NIO asked to make that representation to the Attorney-General, because somebody seems to have made that case to him?

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Mrs Villiers: The prosecuting authorities make their decisions independently of Government.

I want to reiterate to the House unequivocally that the letters do not confer an amnesty. Nobody who holds one of these letters should be in any doubt: they will not protect you from arrest or prosecution if the police can gather sufficient evidence against you; they are not an exemption, immunity or amnesty, which is something that could only ever be granted by Parliament; they are not “get out of jail free” cards.

Lady Hermon: It is very generous of the Secretary of State to give way and I do appreciate it. Will she please explain to the House, if one of these letters is not an amnesty and it does not represent immunity from prosecution, why on earth the coalition Government continued with this ghastly, immoral scheme in 2010 when they took over No. 10? Why did they not just let the normal criminal process run its course if it did not provide immunity and it was not a pardon for those who were on the run?

Mrs Villiers: I can only reiterate to the hon. Lady that the letters did not confer an amnesty or immunity. If they had, the current Government would have stopped the scheme immediately on coming to office. All the letters amounted to was a statement of fact regarding an individual’s status at the time in connection with the police and the prosecuting authorities. If the facts change and the evidential test is met, the individual concerned will be subject to due process just like anybody else. When the Government took office and were made aware of the arrangements, we allowed the checking process to continue on that basis. By that stage, it was coming towards its end. In the case of John Downey, as my right hon. and learned Friend the Attorney-General, has made clear, it was not the fact of John Downey having a letter that led the judge to stay the prosecution. It was the fact that the letter contained factually incorrect and misleading information, on which Mr Downey relied, that led the judge to rule that an abuse of process had taken place. Mr Downey should never have been sent a letter saying that he was not wanted because at all relevant times he was wanted by the Metropolitan police in connection with the Hyde park bombing.

Several hon. Members have raised concerns about the fact that the CPS decided not to appeal in the Downey case. As the House heard from the Attorney-General, careful consideration was given to whether an appeal should take place, but the CPS concluded that such an appeal would have no realistic prospect of success, and that is why it decided not to go ahead with one.

Recognising the severe concerns expressed in the Chamber and further afield—including by the First Minister, the Justice Minister and many victims’ groups—about the OTR scheme, the Prime Minister responded swiftly by establishing a judge-led inquiry into the scheme. As we have heard today, that inquiry will be chaired by an eminent judge from the Court of Appeal, Lady Justice Hallett. The terms of reference require the provision of a full public account of the operation and extent of the scheme, to establish whether other mistakes were made and to make recommendations. I assure the House that it will be a meaningful, exacting and rigorous process to get to the truth of what happened and to provide the answers for which the public are calling.

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Dr McCrea: When the Prime Minister spoke about the inquiry, he said that the eminent judge would review all the letters. It now seems to be some of the letters. Can the Secretary of State confirm that the Prime Minister’s statement takes precedence and that all the letters will be reviewed by the eminent judge?

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).