Row breaks out over legacy case comments by SoS

The Northern Ireland Secretary's claims that investigations into Troubles killings are "disproportionately'' focusing on State forces have been branded false and deeply troubling.

Secretary of State James Brokenshire
Published 30th Jan 2017

Alex Attwood MLA, SDLP justice spokesman, said James Brokenshire's remarks in a Sunday newspaper beggar belief.

"This week the Director of Public Prosecutions and the Lord Chief Justice respectively asserted their independence and defended due process and the rule of law in the face of false claims to the contrary,'' he said.

"This weekend the Secretary of State for Northern Ireland should publicly be out fully on the same message.

"The fact that he chooses otherwise, to repeat false claims, is deeply troubling.''

Writing in the Sunday Telegraph, Mr Brokenshire said inquiries were "not working'' and he backed the "vast majority'' of soldiers and the Royal Ulster Constabulary (RUC) as having served with "distinction''.

The Police Service of Northern Ireland's legacy investigation branch is looking into more than 3,200 killings in the province between 1969 and 2004.

Numerous former soldiers are among those facing prosecution for killings.

"I am clear the current system is not working and we are in danger of seeing the past rewritten,'' Mr Brokenshire wrote.

"It is also clear the current focus is disproportionately on those who worked for the state - former members of the Armed Forces and the RUC, the vast majority of whom served in Northern Ireland with great courage, professionalism and distinction.

"`I believe that with political will an agreement is within reach to deal with this important and sensitive issue.''

Jeffrey Donaldson, DUP MP for Lagan Valley, backed the comments, saying there has been "a one-sided legal persecution of police and soldiers despite 90% of deaths in Northern Ireland having been carried out by terrorists from all sides''.

"The Secretary of State is correct when he says the current system is not working and he must now act decisively to address this,'' he added.

Last week, Northern Ireland's Lord Chief Justice Sir Declan Morgan said any suggestion he had chosen to give priority in Troubles inquests involving the State was "simply not correct''.

The region's Director of Public Prosecutions Barra McGrory QC said allegations that Troubles prosecution cases involving former soldiers were unfairly prioritised by his office insulted him as well as all the lawyers who worked for the prosecution service.

Criticism of Mr McGrory has been aired at Westminster and in some national newspapers amid allegations a "witch hunt'' being pursued against ex-military personnel.

Mr McGrory pointed out there had been only three prosecutorial decisions involving former soldiers in recent times - two that resulted in prosecutions and one in no prosecution.

James Brokenshire's remarks came on the 45th anniversary of Bloody Sunday. Sinn Féin National Chairperson Declan Kearney has described them as offensive and despicable.

"This week the British Government has intensified its public opposition to properly dealing with the past.

“Today James Brokenshire once more sought to justify the impunity conferred on state forces during the conflict.

"It is both offensive and despicable that he chose the anniversary of Bloody Sunday to do so.

"The British government is desperately trying to write itself out of its responsibility for the conflict, and to obscure its central role in the conflict.

"This British government is not neutral. James Brokenshire is not an independent referee. The single unionist narrative he is promoting in association with the DUP has no credibility.

Alliance MLA David Ford has also criticised the comments:

"Politicians have a duty to support the impartial operation of the institutions of the Justice system. The comments from James Brokenshire on prosecutions come perilously close to interfering in the rule of law.

"The police, whether PSNI, Garda or forces in Great Britain, have the duty to investigate crime and prepare reports for the prosecution services, who have a duty to consider the evidence before them without fear or favour. If evidence exists of serious crimes being committed, then the alleged perpetrators must be brought to court."

The former Justice Minister added: "It appears the Secretary of State is following his cabinet colleague, the Lord Chancellor, who failed to defend the integrity of High Court judges when they were attached by tabloid papers and called "enemies of the people" for doing their duty and upholding the law.

"This is depressing when the Lord Chief Justice of Northern Ireland set out the position of the justice system so clearly just a few days ago. I trust the Minister of Justice will now defend the integrity of the PSNI, the PPS and the judiciary, and make clear the Secretary of State is wrong."