Fears over ‘justice corrupted’ as full detail of Troubles amnesty bill revealed

The Tory government’s new amnesty bill is now on its way to becoming law – leading the DUP to say that it risks becoming an example of “a further corruption of justice”.
Aftermath of a bomb blast, 1974 (National Army Museum)Aftermath of a bomb blast, 1974 (National Army Museum)
Aftermath of a bomb blast, 1974 (National Army Museum)

Gavin Robinson, its East Belfast MP, said that no matter what happens, the new legacy arrangements must be at pains to ensure “no moral equivalence” is drawn between police and soldiers and the paramilitaries.

The bill was first mooted in the Queen’s Speech on Tuesday May 10, and was laid before the Commons today by Brandon Lewis, the Northern Ireland Secretary.

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Its main thrust is that a body named the Independent Commission for Reconciliation and Information Recovery is to be set up.

This body “must grant a person immunity from prosecution” if a panel is satisfied that they have given an account of a Troubles crime which is “true to the best of [their] knowledge and belief”.

However, with the full text of the bill becoming public tonight, some key clauses have emerged which could have a huge bearing on how this will actually work.

Firstly, it appears that the commission can be asked by survivors or bereaved relatives not just to look into fatal incidents, but incidents where someone “suffered serious physical or mental harm from other harmful conduct forming part of the Troubles” – an extremely wide category.

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Secondly, the commissioner is meant to publish a report into all such cases – but first they must provide a draft copy to all of the following:

“The person who requested the review;

“Any relevant family member of any persons killed in the relevant event;

“Any person who suffered serious physical or mental harm in the relevant event or, where such a person has subsequently died, any relevant family members of the person”;

Plus, anyone who is criticised in the report.

All these people must then be given a chance to respond before a final version can be published.

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A similar process caused the Chilcot Report into the Iraq War to be heavily delayed, ultimately taking some seven years to run its course.

Thirdly, the bill says that the commission “must not do anything which would ... put the life or safety of any person at risk” – something which could raise questions around whether the identities of perpetrators who co-operate with the commission may be entitled to anonymity.

The bill runs to some 96 pages, plus another 52 explanatory notes, and Doug Beattie of the UUP said tonight that it will “require some time to look through it and scrutinise it in detail”.

Nonetheless, he has some “serious concerns”.

He said: “In particular I want to see a mechanism emerge that can successfully and effectively target those who directed terror and gave the orders for shootings and bombings even if they themselves were not present to pull a trigger or plant a device.”

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And DUP man Mr Robinson said: “In 1998 the prison gates were opened and people guilty of horrendous crimes were released without serving their sentences... This, alongside the on-the-run letters, was a corruption of justice.

“Victims of wrongdoing must always have access to justice for the suffering they endured in the Troubles. If this Bill undermines access to justice for innocent victims then it will be a further corruption of justice.”

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