Dáil Éireann debate -
Thursday, 14 Feb 1991

Vol. 405 No. 2

Ceisteanna — Questions. Oral Answers. - Actions by British Soldiers.

Joe Sherlock

Question:

7 Mr. Sherlock asked the Minister for Foreign Affairs if the Government have made any representations to the British authorities regarding the decision of the British Director of Public Prosecutions not to prosecute three undercover British soldiers who shot dead three men during an attempted robbery in west Belfast in January 1990, in view of (1) the widespread public concern which has been expressed about the circumstances of the shooting, and (2) the possible implications of the incident for public confidence in the security forces in Northern Ireland; if he has raised with the British authorities the circumstances of the shooting of two unarmed men by British soldiers in Cullyhanna on 30 December 1990; the response, if any, received; and if he will make a statement on the matter.

Mr. Collins

The Government have repeatedly made clear their view that it is imperative that members of the security forces should at all times act within the law, and that any widespread perception to the contrary can have the most damaging effects on public confidence.

The shooting of Peter Thompson, John McNeill and Edward Hale in west Belfast in January last year, and the killing of Fergal Caraher and the wounding of his brother Michael in Cullyhanna on 30 December, were the subject of strong representations through the Anglo-Irish Secretariat. Both incidents were also discussed at the most recent meeting of the Intergovernmental conference, which took place on 31 January 1991.

At that meeting, I made clear the very serious sense of disquiet which such incidents evoke. I proposed that, in particular in cases of this kind, the security force personnel involved should be automatically taken off duty. I emphasised also that, in our view, there was a clear need for an independent element in the investigation of such cases in order to ensure that there is full confidence in the process, and that investigations should be completed speedily and not be allowed to drag on for months or years.

Finally, in view of the fact that there have been six shootings in controversial circumstances in the past year, I called for a thorough examination of the whole area of the lethal use of force by the security forces, including both the investigative process and the adequacy of the existing law to meet the clear needs of the situation.

Proinsias De Rossa

Would the Minister agree that it is not possible to deal with crime on the basis of summary execution whether it be political crime or common crime, as appears to have been the case in relation to the three men who were shot down in Belfast in January of last year, the summary execution of one man, certainly, and the serious injury of another in Cullyhanna who was going about his normal local business? Would the Minister not indicate that it would be important that the authorities in Northern Ireland establish a judical inquiry if they are not going to prosecute in the case of the three men early last year to show the public that the authorities in Northern Ireland are serious about establishing proper confidence and support for the police and security in that area?

Mr. Collins

I thank Deputy De Rossa for his supplementaries. I would like to repeat for him that the Government have, on a number of occasions, made very clear their view that it is imperative that all members of the security forces act at all times within the law. That is the basis on which we approach that issue and it will continue to be the basis that everybody involved is amenable to the law. As I already said, I voiced our concern with regard to the incidents involved. Without wishing to repeat what I have already said in my main answer, I am sure the Deputy will, when he has had time to study it, see that we have been very forceful in presenting our view to the British Government on issues such as this for very obvious and good reasons. All aspects of it are of the fullest concern to us.

Proinsias De Rossa

I accept fully, on the basis of the Minister's reply, that he has indeed taken a very clear and forthright position in relation to these incidents. Let me draw the Minister further on the issue by pointing out that it is virtually impossible to ensure that the population of Norther Ireland will have confidence in policing and security in Northern Ireland unless incidents like these are brought out fully into the public arena and the evidence shown for what it is.

Mr. Collins

In reply to Deputy De Rossa, we all know that there is a problem in terms of public confidence in the security forces on the part of the Nationalist community, particularly in strong Nationalist areas like those where the incidents we are talking about occurred. People in such areas have little faith in one branch of the Northern Ireland security forces investigating another. It is for this reason that I believe, as I have already said, that an outside element might help to get to the truth behind such incidents. In saying this I do not wish in any way to cast aspersions on the RUC officer appointed to investigate the killing of Fergal Caraher. I do know he is a very professional officer.