Vol. 567 No. 7
4 Mr. G. Mitchell asked the Minister for Foreign Affairs if he has raised with the British Government allegations that an agent known as Stakeknife operated on both sides of the Border; and the current state of implementation of the Good Friday Agreement. [14984/03]
The allegations regarding the activities of the agent known as Stakeknife are a matter of deep concern to all of us who believe in accountability and the rule of law. Accompanied as they were by disturbing accounts of kidnapping, torture and murder, they are particularly distressing to the families of victims named in the course of the very extensive media coverage. However, there is a need to proceed cautiously. The reputations of a number of individuals, confidence in the rule of law and the memory of loved ones lost in the conflict are all affected by these allegations and their veracity. They remain allegations. There are no facts issued by an authoritative source on which any judgment, much less action, can be based. The individual named in the press as Stakeknife has publicly rebutted the allegations and is considering legal action.
The allegations concerning the Stakeknife affair have not arisen in a vacuum. Allegations about the role of agents and their handlers in various intelligence branches of the security services featured strongly in the case of the late Pat Finucane. The Government's conviction on the need for a public inquiry in that case was strengthened by the findings of Stevens III, that there was collusion between elements of the security services and loyalist paramilitaries.
Sir John Stevens reported that murders could have been prevented and were not. He sought to determine whether both sides of the community were dealt with in equal measure by the RUC and found that they were not. Judge Peter Cory, formerly of the Supreme Court of Canada, was appointed by both Governments to investigate six cases of public concern. He has completed his work on the Finucane, Hamill and Wright cases and he expects to have finished the three remaining reports later this year. The two Governments have agreed that, in the event of a public inquiry being recommended in any case, the relevant Government will implement that recommendation.
Given the general context of allegations regarding the activities of intelligence agencies and their informants, the Government is right to be concerned with these further and very disturbing allegations. I set out our concerns, including allegations against British military intelligence operations in our jurisdiction, to the Secretary of State last week at the British-Irish Intergovernmental Conference. It is imperative that both Governments be in a position to give assurance to the community that these issues can and will be dealt with in an appropriate and effective manner.
Additional information.As co-guarantor of the Good Friday Agreement, we want to see the agreement implemented in full. Progress has been made in key areas such as policing, criminal justice, security normalisation, human rights, equality and North-South co-operation. The Joint Declaration by the two Governments on 1 May is both a comprehensive audit of the progress made under the Agreement and a blueprint for the implementation of its outstanding aspects. Progress politically has stalled, but we are determined that the current impasse be resolved. The key to progress is holding elections to a new Assembly.
In the context of so many disturbing allegations that undermine confidence in the administration of justice, it is all the more important to establish the primacy of politics and local accountability. It is essential that politics remain the driving force of this process and that the people understand our determination to make this so. Only through politics will we see the fair society envisaged by the Good Friday Agreement fully realised.
I do not know whether the person named is Stakeknife. I do not intend to refer to that person because I have no evidence, one way or other, with regard to whether he is Stakeknife. In any event, that is not the issue.
Will the Minister indicate whether he has been able to independently verify, from our own security sources, that an agent named Stakeknife existed and was licensed, so to speak, by British security sources to operate North and South of the Border in the way that has been alleged? The Minister stated that he raised this matter recently with the Secretary of State. Will he relate to us the response of the Secretary of State? The Taoiseach indicated that there was not much point in raising this issue with the British Prime Minister because he knew the sort of reply he would receive. What reply did the Minister receive?
Does the Minister agree that, since there is evidence of collusion with loyalist paramilitaries, it would not be surprising to see this sort of collusion with so-called republican paramilitaries? That an allegation that a foreign Government, or agents acting on its behalf, authorised or licensed a person to take life or to be involved in terrorist incidents, North and South of the Border, should not be responded to is not acceptable. It is a most serious breach of our sovereignty and a most serious allegation in respect of the murder of innocent people. What did the Minister say to the Secretary of State and what reply did he receive? What steps will he take to pursue the matter further?
In regard to intelligence services generally, the Deputy will be aware, in light of his previous experience in the Department, that the culture of secrecy is very much part of their work. States have a responsibility to ensure that anyone who acts illegally on their behalf must be dealt with by due process of law. That is the standard states set for themselves, regardless of standards that may be set by others. That general point would, therefore, be strongly made by the Government in respect of these matters.
As stated during the debate on Northern Ireland earlier this week, we cannot seek to chart a future predicated on agreement on the past because, unfortunately, people disagree about the past. However, investigations conducted by State agencies – such as Stevens, Judge Cory and others – highlight the need to restore public confidence in the future and provide the context in which issues of collusion and illegal actions should be addressed. In the past, we have dealt with issues of this nature based on evidence that held up in court, by way of individual prosecution, or, where a wider confidence issue arose for the State, by way of public inquiry.
In respect of cases being investigated under the Weston Park arrangements and agreements with the British Government, successive Governments have been quite firm that anything resulting from such investigations, which should provide a context in which the confidence necessary for the future, will be dealt with appropriately and extensively by way of public inquiry. We retain that position and we are prepared to await Judge Peter Cory's recommendations with regard to cases which are, in some respects, deeply controversial in both the Nationalist and Unionist communities. There are 1,500 unresolved murder cases as a result of the conflict. Unfortunately, given the length of time that has elapsed, the prospect of successful individual prosecutions recedes as time goes on.
In bringing closure to these questions, the Weston Park agreement remains the template by which these issues should be dealt with following the recommendations of an eminent international jurist.
