Naomi Long says no action will be taken against SF’s Gerry Kelly for tweet celebrating IRA Maze prison escape

Mrs Long said she had taken legal advice, following an alleged breach of the Board’s Code of Conduct.

Unionist parties had called for Mr Kelly’s removal from the board unless he expresses support for the rule of law.

He was one of 38 prisoners involved in the 1983 jailbreak.

Kn his tweet last month, Mr Kelly stated: “Thirty-seven years ago 38 Irish Republican prisoners were getting into a lorry at H7 and heading to the front gate of Long Kesh and freedom. One of Big Bob’s best ops! I had the privilege of the front passenger seat. Well someone had to check we were taking the right route out!!”

The tweet was widely condemned.

One prison officer died from a heart attack after being stabbed during the break-out and another survived being shot in the head.

Commenting on the decision today Naomi Long said: “Following the tweet about the Maze escape issued by Gerry Kelly on 25 September 2020, a number of people made complaints to the Northern Ireland Policing Board indicating they believed the Board Code of Conduct had been breached.

“In addition, I received three letters asking me to consider removal of Mr Kelly from the Board.

“The Policing Board carried out an unsuccessful attempt to secure an informal resolution of this matter, as the complainants were unwilling to pursue such a course of action. The Board Chair then passed the matter to me.

“It is important to note that the test to be applied for whether there has been a breach of the Code is considerably different in law to the test to be applied by me for removal of a member of the Board from office, the latter being significantly higher: any decision by me would also be subject to review by the courts.

“Recognising the unusual requirement that one political representative should be asked to determine whether another political representative appointed by another political party should retain a Board appointment, I sought advice from the Departmental Solicitor.

“Having considered that advice, it is clear that there are insufficient grounds even for holding an investigation into whether Mr Kelly should be removed from the Policing Board as the tweet, taken in the round with other statements of Mr Kelly, did not explicitly demonstrate a non-commitment to non-violence and exclusively peaceful and democratic means or otherwise suggest that there would be grounds to consider statutory removal.

“I have already made it clear that I found the tweet offensive - but I am also clear that in discharge of my functions I must act in line with established legal standards. On that basis, I have accepted the legal advice provided and will not be taking further action.”