Doug Beattie says transparency needed on why leading loyalist Winston Irvine wasn't prosecuted under terror laws

The BBC’s Nolan Show reported on Wednesday that Mr Irvine is being housed in the Bush House wing of the prison, at his own request.

During his trial, his commitment to peace was lauded by prominent civic and religious leaders, and was seen as a mitigating factor by the court.

Ulster Unionist justice spokesperson Doug Beattie told the programme that if there are good reasons for why he was not prosecuted under terror legislation, they need to be explained.

Stormont’s justice department says the Secretary of State has responsibility for separated prisoners – and that the decisions about charging are a matter for the Public Prosecution Service.

Winston ‘Winkie’ Irvine was sentenced to two-and-a-half years, with half to be served in jail, at Belfast Crown Court following an incident where firearms and ammunition were found in the boot of his car.

The vehicle was stopped by police and a long-barrelled firearm, two suspected pistols, several magazines and a large quantity of ammunition were discovered.

While the judge noted that UVF paraphernalia was found in the homes of Mr Irvine and his co-defendant, he did not consider there was a terrorist link to the weapons. Judge Gordon Kerr KC ruled that there were “exceptional circumstances” in his case, namely Irvine’s “work for peace and his charity work in the community”.

Doug Beattie said he cannot understand why Irvine wasn’t charged under terrorist legislation “and why he wasn’t sentenced on terrorist legislation. All of the evidence, as far as I’m concerned, as a lay person looking at it from a distance, can see that there’s an absolute link here”.

Naomi Long’s justice department said decisions about the charges for which any individual is prosecuted are a matter for the Public Prosecution Service “which is wholly independent” of the minister and department – adding it “would be inappropriate” for the minister to influence prosecutorial decisions in individual cases.