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Troubles prosecutions call causes controversy Troubles prosecutions call causes controversy
(about 1 hour later)
A suggestion by Northern Ireland's attorney general that there should be an end to prosecutions for Troubles killings has failed to find support. Northern Ireland victims groups have criticised a suggestion that there should be an end to prosecutions for Troubles killings.
John Larkin said there should be an end to investigations into killings before the 1998 Good Friday Agreement. NI's Attorney General John Larkin said there should be an end to investigations into killings before the 1998 Good Friday Agreement.
Prime Minister David Cameron said such a move would be "rather dangerous".Prime Minister David Cameron said such a move would be "rather dangerous".
None of Northern Ireland's main political parties have supported the idea and victims groups have criticised it. None of Northern Ireland's main political parties have supported the idea.
Mr Larkin had said there should be no further police investigations, inquests or inquiries into any relevant killings that took place before the signing of the Good Friday Agreement in 1998.Mr Larkin had said there should be no further police investigations, inquests or inquiries into any relevant killings that took place before the signing of the Good Friday Agreement in 1998.
That means all deaths caused by paramilitaries, police or the Army.That means all deaths caused by paramilitaries, police or the Army.
Mr Larkin said his proposal was not a formal amnesty, but was a logical consequence of the agreement.Mr Larkin said his proposal was not a formal amnesty, but was a logical consequence of the agreement.
His comments came as former US diplomat Richard Haass tries to broker a political agreement over how to deal with the legacy of Northern Ireland's past, as well as controversial parades and the flying of flags.His comments came as former US diplomat Richard Haass tries to broker a political agreement over how to deal with the legacy of Northern Ireland's past, as well as controversial parades and the flying of flags.
Relatives of Troubles victims have criticised Mr Larkin's suggestion.
Patrick Corrigan from Amnesty International called Mr Larkin's proposals "an utter betrayal of victims' fundamental right to access justice".
Stephen Gault, whose father Samuel was killed in the 1987 IRA Poppy Day bombing in Enniskillen, said: "How dare he airbrush the innocent people who were murdered at the hands of terrorists to move things forward. I just think it's totally disgusting."
Kate Nash, whose brother was shot dead by the Army on Bloody Sunday in 1972, said: "I'm absolutely incensed by what the attorney general is saying - my brother didn't matter, my brother was murdered almost 42 years ago."
'Rather dangerous''Rather dangerous'
Speaking during Prime Minister's Questions, Mr Cameron said: "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.Speaking during Prime Minister's Questions, Mr Cameron said: "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."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.""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."
The Democratic Unionist Party (DUP), the largest political party in Northern Ireland, said the attorney general had not consulted the Stormont Executive about his proposals before making them public.The Democratic Unionist Party (DUP), the largest political party in Northern Ireland, said the attorney general had not consulted the Stormont Executive about his proposals before making them public.
The party's Jeffery Donaldson said: "There is no nation in the free world today where murder is not a crime, you cannot say that murder is not a crime - it is.The party's Jeffery Donaldson said: "There is no nation in the free world today where murder is not a crime, you cannot say that murder is not a crime - it is.
"There are 3,000 unsolved murders in Northern Ireland and those families are entitled to the right to pursue justice.""There are 3,000 unsolved murders in Northern Ireland and those families are entitled to the right to pursue justice."
'Cause of real concern''Cause of real concern'
Sinn Féin's Gerry Kelly said: "There's many different views of what you do with the truth or post-truth, but the one thing that we've all agreed to, is the truth needs to get out.Sinn Féin's Gerry Kelly said: "There's many different views of what you do with the truth or post-truth, but the one thing that we've all agreed to, is the truth needs to get out.
"Now if what John Larkin is doing is drawing a line in the sand and closing down the ability to bring out truth, then I would fundamentally disagree.""Now if what John Larkin is doing is drawing a line in the sand and closing down the ability to bring out truth, then I would fundamentally disagree."
The nationalist Social Democratic and Labour Party (SDLP) said the attorney general's remarks were a "cause of real concern".The nationalist Social Democratic and Labour Party (SDLP) said the attorney general's remarks were a "cause of real concern".
SDLP justice spokesperson Alban Maginness said victims and survivors of state and paramilitary violence were "entitled to justice irrespective of the lapse of time".SDLP justice spokesperson Alban Maginness said victims and survivors of state and paramilitary violence were "entitled to justice irrespective of the lapse of time".
Ulster Unionist leader Mike Nesbitt said he was deeply suspicious about the timing of Mr Larkin's comments.Ulster Unionist leader Mike Nesbitt said he was deeply suspicious about the timing of Mr Larkin's comments.
"I am shocked at the lack of consultation particularly with victims, never mind the executive," he said. "I can't believe he didn't understand the hurt and pain he would cause amongst victims.""I am shocked at the lack of consultation particularly with victims, never mind the executive," he said. "I can't believe he didn't understand the hurt and pain he would cause amongst victims."
'Very few prosecutions''Very few prosecutions'
More than 3,500 people were killed during three decades of conflict in Northern Ireland.More than 3,500 people were killed during three decades of conflict in Northern Ireland.
The attorney general, who is the chief legal adviser to the Stormont Executive for civil and criminal matters, said the proposal was a logical consequence of the terms of the Good Friday Agreement.
Mr Larkin told the BBC: "More than 15 years have passed since the Belfast Agreement, there have been very few prosecutions, and every competent criminal lawyer will tell you the prospects of conviction diminish, perhaps exponentially, with each passing year, so we are in a position now where I think we have to take stock.Mr Larkin told the BBC: "More than 15 years have passed since the Belfast Agreement, there have been very few prosecutions, and every competent criminal lawyer will tell you the prospects of conviction diminish, perhaps exponentially, with each passing year, so we are in a position now where I think we have to take stock.
"It strikes me that the time has come to think about putting a line, set at Good Friday 1998, with respect to prosecutions, inquests and other inquiries.""It strikes me that the time has come to think about putting a line, set at Good Friday 1998, with respect to prosecutions, inquests and other inquiries."
Commenting on the remarks, PSNI Chief Constable Matt Baggott said: "We welcome the debate into how we deal with the past and will study carefully what the attorney general has said. Commenting on the remarks, Northern Ireland's Chief Constable Matt Baggott said: "It is well documented that the cost of policing the past has a massive impact on how we deal with the present and the future.
"It is well documented that the cost of policing the past has a massive impact on how we deal with the present and the future.
"Whilst we are committed to meeting our current legislative responsibilities, dealing with legacy issues continues to place significant pressure on our organisation and financial resources.""Whilst we are committed to meeting our current legislative responsibilities, dealing with legacy issues continues to place significant pressure on our organisation and financial resources."
'Utter betrayal' New inquest into killings
A number of victims' relatives and groups representing victims of the Troubles have also condemned Mr Larkin's suggestion.
Patrick Corrigan from Amnesty International called Mr Larkin's proposals "an utter betrayal of victims' fundamental right to access justice".
However, former Northern Ireland secretary of state, Peter Hain, described Mr Larkin's proposals as "common sense".
Writing on his Twitter account, Mr Hain agreed there should be "no pre-Good Friday conflict-related prosecutions".
"Best to help victims and address the past in other ways," he wrote.
'Crimes still crimes'
If adopted, in addition to the end to all criminal prosecutions and coroners' inquests, Mr Larkin's proposals would result in the abolition of the Historical Enquiries Team (HET), the body set up to review killings during the period known as the Troubles.If adopted, in addition to the end to all criminal prosecutions and coroners' inquests, Mr Larkin's proposals would result in the abolition of the Historical Enquiries Team (HET), the body set up to review killings during the period known as the Troubles.
The attorney general, who is the chief legal adviser to the Stormont Executive for civil and criminal matters, said the proposal was a logical consequence of the terms of the Good Friday Agreement.
He said the agreement included the 1997 arms decommissioning statute, which meant any weapons handed over to be put beyond use could not be tested forensically to obtain evidence in criminal prosecutions.
Legislation introduced in 1999 covering the recovery of the Disappeared - people murdered and secretly buried by republican paramilitaries - states that information that leads to remains being found can be examined only to establish identity, not forensically.
That means they cannot be used as evidence for a criminal trial.
Another part of the agreement, the Sentences Act, provided for vastly reduced jail terms for anyone convicted of a Troubles-related killing - anyone convicted would spend a maximum of two years in prison.
Mr Larkin said his proposal did not constitute an amnesty, although many will interpret it as one.
"Sometimes the fact of an amnesty can be that that which was a crime ceases to be a crime. That wouldn't be the position here, it would simply be that no criminal proceedings would be possible with respect to those offences," he said.
"So there is an evenness. At present we have very good tools, subject to the point I've made about the passage of time, for critiquing the state, but we don't have them for bringing to account those who have committed offences against the state."
Stimulate debate
In the absence of legal proceedings, Mr Larkin believes relatives of Troubles victims should be given as much access as possible to records to help them find out what happened to their loved ones.
Mr Larkin, who has made a submission to the talks process chaired by Dr Haass, said he believed he had a duty to stimulate debate on how society deals with the legacy of the past.
"Of course, the question of whether the law changes is not for me, that's for the politicians," he said.
Meanwhile, Mr Larkin has ordered a new inquest into the killings of two people when loyalists, including rogue members of the Royal Ulster Constabulary and Ulster Defence Regiment, attacked a bar in the village of Keady, south Armagh in 1976, according to the Belfast-based solicitor Kevin Winters, who is representing the families.Meanwhile, Mr Larkin has ordered a new inquest into the killings of two people when loyalists, including rogue members of the Royal Ulster Constabulary and Ulster Defence Regiment, attacked a bar in the village of Keady, south Armagh in 1976, according to the Belfast-based solicitor Kevin Winters, who is representing the families.
The attack was allegedly carried out by a group known at the Glenanne Gang.The attack was allegedly carried out by a group known at the Glenanne Gang.
The fresh coroner's court probe followed a report by the HET, which according to Mr Winters, pointed to one of the most notorious examples of collusion involving the security forces.The fresh coroner's court probe followed a report by the HET, which according to Mr Winters, pointed to one of the most notorious examples of collusion involving the security forces.