Clonoe Inquest

Commons Urgent Question

The following Answer to an Urgent Question was given in the House of Commons on Tuesday 11 February.

“On 16 February 1992, a heavily armed unit of the Provisional IRA carried out an attack on Coalisland police station armed with a 12.7mm heavy machine gun and three AKM rifles. Approximately 60 rounds were fired, but thankfully no one was injured. Following the attack, the IRA unit proceeded to a car park where they were engaged by soldiers of the Army’s specialist military unit. This resulted in four men, Patrick Vincent, Sean O’Farrell, Peter Paul Clancy and Kevin O’Donnell, being shot and killed by the soldiers.

On 6 February, Mr Justice Humphreys, sitting as a coroner in the inquest into the circumstances of those deaths at Clonoe chapel, found that the use of lethal force by the soldiers was unjustified and that

‘the operation was not planned and controlled in such a way as to minimise to the greatest extent possible the need for recourse to lethal force’.

The coroner further found that the soldiers did not hold

‘an honest and genuinely held belief’

that the use of force was necessary to defend themselves or others.

These are clearly very significant matters that require careful consideration. I know that the Ministry of Defence is considering the coroner’s finding. Therefore there is, unfortunately, a limit to what I am able to say in relation to the findings themselves, particularly given that there is also an ongoing civil case relating to these events. However, it is clear the Government must take such findings very seriously.

We owe a great debt to our Armed Forces. The vast majority of those who served in Operation Banner during the Troubles did so with distinction. They operated in the most dangerous and difficult circumstances to protect the citizens of the United Kingdom. During the Troubles, over 1,000 members of the security forces lost their lives in that endeavour. It is right that we hold our Armed Forces to the highest standards. We must also recognise the extreme circumstances that they faced. That is what sets them apart from the terrorist organisations who indiscriminately murdered over 3,000 people during the Troubles”.

16:12:00

My Lords, on 16 February 1992, known IRA terrorists armed with a heavy machine gun and AKM rifles fired 30 rounds at Coalisland RUC station before driving to Clonoe, where they were engaged by soldiers, who shot dead four of them. Given that the terrorists were clearly on a mission to murder that night, does the Minister understand why so many people have reacted with anger to the coroner’s court finding that the use of lethal force was “unjustified”? The Secretary of State has said that the MoD is considering that finding. Could the Minister say what options are open to the Government and does she accept that the Government’s decision to restore coronial inquests in legacy cases will lead to yet more veterans being dragged before the courts?

I thank the noble Lord for his remarks. We owe a huge debt to our Armed Forces, the vast majority of whom served in Northern Ireland with distinction and many of whom made the ultimate sacrifice in doing so. The findings of the independent coroner are being considered by the Ministry of Defence, including next steps that I cannot comment on. The matters that happened last week are clearly very important and require very careful reflection. Having said that, we do appreciate the anger and hurt that is being felt by many in Northern Ireland, especially this week of all weeks, given the anniversaries which we are currently reflecting upon. However, with regard to the reinstatement of inquests, I will be very clear with the noble Lord: I believe that the people of Northern Ireland deserve exactly the same rights as the people of Great Britian. Reinstating civil cases and inquests for the people of Northern Ireland so that they have the same rights as you and me is what we are delivering, and we are making sure that we do so in a lawful way.

My Lords, the violence carried out by the IRA was utterly abhorrent and inflicted deep suffering on communities across Northern Ireland. In dealing with the legacy of the past, it is vital to have trust and transparency in the process. Does the Minister acknowledge that the continuing lack of legal certainty regarding the repeal of the legacy Act is currently adding to a lack of trust in the process? Will she commit to bringing forward the legislation to revoke the legacy Act by Easter?

My Lords, I totally agree with the noble Baroness’s comments, especially with regard to the appalling actions that we saw in the terrorist atrocities that happened during the Troubles. Over 3,000 people were killed by terrorists. This week, we mark far too many anniversaries of those who were brutally and outrageously murdered. We owe it to the people of Northern Ireland and all those affected by the Troubles to ensure that they have a legacy programme that is legal and compliant, and gives them what they need in terms of next steps, answers and a level of justice, whatever that looks like for them. We need to make sure that we do this with as much support as possible—which, candidly, the previous Government failed to do. Therefore, there is a balance here to ensure that we have the appropriate engagement so that the legislation will work and has support. We are currently undertaking the engagement exercise. The remedial order to ensure that the parts of the legislation that are not legally compatible is being dealt with, and we will all be debating it on 26 February. On the primary legislation, as many of us who were here until 1 am this morning know, time is challenging in this place. We will bring forward the legislation as soon as parliamentary time allows.

My Lords, I represented this area for 14 years in the other place. On 16 February 1992, four IRA terrorists in a lorry with a mounted heavy machine gun and three other AKM rifles attacked the Coalisland police station, like a scene from the Wild West. After doing so, they intended to return to their masters to report and gloat over their evil activity. But, that night, they met a professional Army, which engaged them and finally neutralised them. However, in my opinion, a perverse ruling by a coroner over 30 years later has left these brave soldiers vilified and denigrated, when they ought to have been decorated for their gallantry in the face of cold-blooded terrorism. Can the noble Baroness tell me how this Government will effectively protect our security forces, many in the latter years of their life, from vexatious criminal proceedings? How can they stop republicans rewriting their brutal history of murder and mayhem during our years of trouble?

I thank the noble Lord for his service as a politician in Northern Ireland during the Troubles and for what he continues to do in support of delivering justice for those who were touched by the Troubles, and of protecting service personnel. The noble Lord knows that I am an honorary captain in the Royal Navy and consider myself part of the military family. I definitely do not support a rewriting of the past and neither do this Government. I will always stand with our Armed Forces. The MoD is currently reflecting on the coroner’s verdict and it will come forward in due course. On protecting veterans, they are a core part of the stakeholder community that we are engaging with in delivering the primary legislation, which should be forthcoming. I am part of that engagement process and was in Northern Ireland last week to engage. We will endeavour to do everything, working with them and the new Northern Ireland Armed Forces commissioner, to make sure that they have the appropriate support where needed.

My Lords—

I think we have just had one of them. The current situation is that soldiers will not be willing to serve. Does the Minister understand that? We must get protection from the Government for soldiers—who are sent out by this place, this Parliament, to detect what is going on—unless they have done something appallingly wrong, which they have not on this occasion.

My Lords, we are very clear about the retention and recruitment challenges that the Armed Forces have had. We saw that during the previous Administration, and the noble Lord and I have sat in many debates discussing it. Our Armed Forces run towards bombs. That is what they did in the Troubles: they put themselves between terrorists and civilians and we will be forever grateful for their service. We will work with veterans’ communities to ensure that the primary legislation, when we bring it forward, reflects their needs as well as those of every other part of the community.

My Lords, I alert the noble Lord, Lord Robathan, to the fact that the noble Lord, Lord McCrea, is a DUP Peer. I speak as a victim of the IRA and condemn unequivocally every atrocity that happened everywhere. As the Minister will agree, the security forces had a well-planned, intelligence-led operation here. The evidence is that 20 minutes after the attack by these IRA men, they returned to the car park where the Army was waiting for them. The coroner says that the Army unleashed 570 bullets. No bullets were fired by these IRA men. I do not in any way condone what they did, but two of them were running away as they were shot in the back and they were then shot in the face by the soldiers as they lay injured. Does the Minister agree that it is fundamentally important that, wherever they are in the world, our Armed Forces behave within the rule of law and that, if we are to build a safe and stable future for Northern Ireland, it must be on the basis of the rule of law?

My Lords, I thank the noble Baroness for her question. I stand in awe of everything that the many people in this Chamber who have been affected by terrorism, like her, continue to do to build peace. On our Armed Forces operating within the rule of law, I am very proud of how they operate. That is not to say that there are not occasions, and the specific findings of this coroner have raised concerns on both sides of the community. The MoD is considering what they mean.

My Lords, does the noble Baroness share my astonishment that Mr Justice Humphreys, the coroner, said: “The soldiers did not have an honest and genuinely held belief that the use of force was necessary to defend themselves or others”? Surely, guessing what the soldiers were thinking goes way beyond a coroner’s role and powers. Will the Government stand full-square behind our brave soldiers and condemn the rewriting of history by not just republicans but some in the justice system?

My Lords, I have spoken about the specific findings. I assure the noble Baroness that the MoD is carefully considering them, and we are providing welfare and legal support.

My Lords, many right-thinking people in Northern Ireland and across the UK see this judgment as perverse, irrational and wholly unreasonable. Will the Minister communicate that to the Ministry of Defence and urge it to judicially review this decision?

I thank the noble Baroness for her question. I talked about the victims of the Troubles; I appreciate that she has also had an anniversary in recent days. I will make sure that the appropriate officials and Ministers in the MoD reflect on the words spoken in this Chamber.