This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.

You can find the current article at its original source at http://www.theguardian.com/uk-news/2013/nov/20/northern-ireland-attorney-general-troubles-prosecutions

The article has changed 6 times. There is an RSS feed of changes available.

Version 3 Version 4
Northern Ireland attorney general says end Troubles prosecutions 'End Troubles-related prosecutions' – Northern Ireland law chief
(about 4 hours later)
Northern Ireland's attorney general has come under fire over his controversial proposal that no further prosecutions should take place for crimes committed during the Troubles. David Cameron has rejected a proposal by Northern Ireland's attorney general that no further prosecutions should take place for crimes committed during the Troubles.
Under John Larkin's plans, the paratroopers who shot dead 13 unarmed civilians on Bloody Sunday and IRA commanders who organised the disappearance of victims – who were shot and then secretly buried – for decades would be among those who would escape prosecution. As Unionists and Nationalists expressed unease about the idea floated by John Larkin, the prime minister warned that it would be dangerous to block the work of the police and prosecuting authorities.
The nationalist SDLP said the province's chief law officer was wrong about a blanket amnesty, which the party said would go against United Nations rulings on how to deal with post-conflict situations. "The words of the Northern Ireland attorney general are very much his own words and not made at the behest of anybody else," Cameron told MPs.
Alban Maginness, a lawyer and north Belfast assemblyman for the SDLP said: "For the attorney general to suggest that there should be an end to investigations, inquests, inquiries or prosecutions for Troubles-related killings whether caused by paramilitaries, the police or the army, is a dramatic policy change and a cause of real concern for the SDLP. The prime minster spoke out after Larkin called for an end to inquests and prosecutions into deaths related to the Troubles in Northern Ireland. Under his plans the paratroopers who shot dead 13 unarmed civilians on Bloody Sunday and IRA commanders who organised the disappearance of victims – who were shot and then secretly buried – for decades would be among those who would escape prosecution.
The attorney general told the Belfast Telegraph he believes government papers should be released to victims of violence and to historians, who would be protected from libel claims if reported in good faith.
"We need to bring to an end the prospect of inquests with respect to Troubles-related deaths," he said in a rare interview. "No more inquests and no more prosecutions with respect to Troubles-related deaths. Going hand in hand with that would be a commitment to developing ways in which access to state records can be facilitated consistently with the safety of individuals."
He said: "What I am saying is take the lawyers out of it. I think lawyers are very good at solving practical problems in the here and now, but lawyers aren't good at historical research. The people who should be getting history right are historians, so in terms of recent history, the people who are making the greatest contribution are often journalists."
He said the measures he were advocating would need legislation in London and probably Dublin, not just Stormont, because "the theatre of the Troubles extends beyond this jurisdiction".
Larkin, who said there should be no further police or legal investigation of any events before the signing of the Good Friday agreement in April 1998, said he had raised his idea with former US envoy Richard Haass, who is reviewing how Northern Ireland should deal with its past. He insisted his idea did not amount to an amnesty because existing convictions would stand.
Cameron rejected Larkin's proposal when Nigel Dodds, the deputy leader of the Democratic Unionists, asked the prime minister about the "very worrying statement". Cameron said: "I can reassure [you] that the government have no plans to legislate for an amnesty for crimes that were committed during the Troubles."
The nationalist SDLP said the province's chief law officer was wrong about a blanket amnesty, which the party said would go against United Nations rulings on how to deal with post-conflict situations. Alban Maginness, a lawyer and north Belfast assemblyman for the SDLP, said: "For the attorney general to suggest that there should be an end to investigations, inquests, inquiries or prosecutions for Troubles-related killings whether caused by paramilitaries, the police or the army, is a dramatic policy change and a cause of real concern for the SDLP.
"For Mr Larkin to say that his proposal does not constitute an amnesty is wrong. Mr Larkin does recognise that many will interpret it as one – that is because that is what it will effectively be. This would amount to a blanket amnesty and the SDLP do not believe that this would be acceptable."For Mr Larkin to say that his proposal does not constitute an amnesty is wrong. Mr Larkin does recognise that many will interpret it as one – that is because that is what it will effectively be. This would amount to a blanket amnesty and the SDLP do not believe that this would be acceptable.
"The international view, also held by the United Nations is that general amnesty is not the correct way of proceeding in a post-conflict situation.""The international view, also held by the United Nations is that general amnesty is not the correct way of proceeding in a post-conflict situation."
Unionists also criticised Larkin's suggestion, accusing him of acting unilaterally on a political issue and not consulting Northern Ireland's powersharing executive about the issue. Democratic Unionist MP Jeffrey Donaldson said: "I know that my party leader and first minister, as with all of our party, would strongly object to the notion of an amnesty, we're very clear about that."Unionists also criticised Larkin's suggestion, accusing him of acting unilaterally on a political issue and not consulting Northern Ireland's powersharing executive about the issue. Democratic Unionist MP Jeffrey Donaldson said: "I know that my party leader and first minister, as with all of our party, would strongly object to the notion of an amnesty, we're very clear about that."
David Cameron firmly rejected the idea of an amnesty at prime minister's questions, saying it would be dangerous to rule out prosecutions in future. Parliament's joint human rights committee expressed concern about Larkin's remarks which it described as "at best unhelpful and at worst offensive". Hywel Francis, the committee's chair, said: "I am taken aback by John Larkin's remarks. They seem to have been made without recognition of either the natural rights of victims for justice or the international framework in which the UK and the Northern Ireland Governments have to operate. The European Convention on Human Rights and other international treaties bind the UK and its devolved governments to certain rights and duties. Accepting John Larkin's proposals would go directly against these. This is a very serious matter which we will pursue at the earliest opportunity."
"The words of the Northern Ireland attorney general are very much his own words," he told MPs "I do think it's important to allow Richard Haass to do his work about parades, about flags, and about dealing with the past," he said. But David Davis, the former Conservative shadow home secretary who gave evidence in a paramilitary trial in Northern Ireland, endorsed Larkin's proposals. In an article on Comment is Free he writes: "In reality, Mr Larkin's comments not only reflect the spirit of the Good Friday Agreement, they also recognise the increasing impracticality of getting to the bottom of such killings ...I have had my differences with John Larkin, but on this occasion his is the course of wisdom. No one is asking victims' families to forgive, and certainly not to forget. However, there comes a time when we should accept that no matter how many more investigations we hold, or how many witnesses we call, or how much money we spend on them, they are very unlikely to achieve anything more of use. That time has come. For Northern Ireland, the path to lasting peace lies in looking to the future, not raking up the past."
"Clearly the dealing with the past part is the most difficult of the three and the most difficult to unlock.
"The second point I would make is that we are all democrats who believe in the rule of law, who believe in the independence of the police and prosecuting authorities, and they should if they are able to, be able to bring cases.
"I think it's rather dangerous to think that you can put some sort of block on that.
"But of course we are all interested in ways in which people can reconcile and come to terms with the bloody past, so that they can build a viable future and a shared future for Northern Ireland."
Peter Hain, a former Northern Ireland secretary, said he did not back an amnesty but questioned the wisdom of going after too many prosecutions.Peter Hain, a former Northern Ireland secretary, said he did not back an amnesty but questioned the wisdom of going after too many prosecutions.
"Pursuing crimes committed three or four decades ago at enormous expense, with enormous effort, where the evidence is very difficult if not impossible to achieve … it's better in my view, having dealt with these issues myself, to support the victims in their plea for justice in other ways," he said. "Pursuing crimes committed three or four decades ago at enormous expense, with enormous effort, where the evidence is very difficult if not impossible to achieve…it's better in my view, having dealt with these issues myself, to support the victims in their plea for justice in other ways," he said.
Amnesty International also expressed concerns about the attorney general's position on past crimes. Patrick Corrigan, Amnesty's director in Northern Ireland, said his proposal would be "an utter betrayal of victims' fundamental right to access justice".Amnesty International also expressed concerns about the attorney general's position on past crimes. Patrick Corrigan, Amnesty's director in Northern Ireland, said his proposal would be "an utter betrayal of victims' fundamental right to access justice".
The attorney general made his controversial remarks in an interview with the Belfast Telegraph on Wednesday. Larkin said he believes government papers should be released to victims of violence and to historians, who would be protected from libel claims if reported in good faith.
"We need to bring to an end the prospect of inquests with respect to Troubles-related deaths," he said in a rare interview.
"No more inquests and no more prosecutions with respect to Troubles-related deaths. Going hand in hand with that would be a commitment to developing ways in which access to state records can be facilitated consistently with the safety of individuals."
He claimed there should be no further police or legal investigation of any events before the signing of the Good Friday Agreement in April 1998.
He said: "What I am saying is take the lawyers out of it. I think lawyers are very good at solving practical problems in the here and now, but lawyers aren't good at historical research.
"The people who should be getting history right are historians, so in terms of recent history, the people who are making the greatest contribution are often journalists."
He said the measures he were advocating would need legislation in London and probably Dublin, not just Stormont, because "the theatre of the Troubles extends beyond this jurisdiction".
Larkin is not completely alone in calling for a de facto blanket amnesty into all Troubles crimes. Last year, the grandson of the Irish Republic's founding father, Eamon de Valera, told the Guardian that no one should be prosecuted for past politically related crimes between 1969 and the Good Friday Agreement in 1998, including the Bloody Sunday soldiers.Larkin is not completely alone in calling for a de facto blanket amnesty into all Troubles crimes. Last year, the grandson of the Irish Republic's founding father, Eamon de Valera, told the Guardian that no one should be prosecuted for past politically related crimes between 1969 and the Good Friday Agreement in 1998, including the Bloody Sunday soldiers.
Eamon O'Cuív, a former Irish government minister, even offered to meet Ulster loyalists over their concern that current historical investigations and inquiries were disproportionately biased against them.Eamon O'Cuív, a former Irish government minister, even offered to meet Ulster loyalists over their concern that current historical investigations and inquiries were disproportionately biased against them.
Our editors' picks for the day's top news and commentary delivered to your inbox each morning.Our editors' picks for the day's top news and commentary delivered to your inbox each morning.