Vol. 437 No. 7
15 Ms McManus asked the Tánaiste and Minister for Foreign Affairs the representations, if any, he has made to the British authorities regarding the acquittal of two British soldiers in a case (details supplied); the response, if any, he has received and if he will make a statement on the matter.
37 Miss Quill asked the Tánaiste and Minister for Foreign Affairs if, in relation to Northern Ireland, he has suggested to the British Government that a new offence should be created, criminalising the killing or serious injury of persons by members of the Security Forces in circumstances not amounting to manslaughter or murder; and if he will make a statement on the matter.
48 Ms O'Donnell asked the Tánaiste and Minister for Foreign Affairs if, in Northern Ireland, he has suggested to the British Government that a new offence should be created, criminalising the killing of serious injury of persons by members of the Security Forces in circumstances not amounting to manslaughter or murder; and if he will make a statement on the matter.
I propose to take Questions Nos. 15, 37 and 48 together.
The case referred to by Deputy McManus has been a matter of continuing concern to the Government. The recent acquittal of the two soldiers charged with the murder of the young man in question has done nothing to alleviate the deep sense of unease and concern felt within the Nationalist community in Northern Ireland over the adequacy of the existing criminal law as it relates to the use of lethal force by the security forces, the question of controls over the use of such force and the accountability of those involved. The Government has consistently conveyed these concerns to the British Government in clear terms and has called, through the mechanisms of the Anglo-Irish Conference, for a thorough examination of the whole area of the use of lethal force by the security forces in Northern Ireland. The British authorities have indicated that a number of issues are under review in this context.
The notion of a new offence — other than manslaughter or murder — is in my view one which presents significant possibilities. It is among a range of ideas and suggestions that we have put to and discussed with the British side through the mechanisms of the Anglo-Irish Conference.
I intend to discuss all of these matters further with the Secretary of State for Northern Ireland at the forthcoming meeting of the Anglo-Irish Conference.
May I ask the Minister if he agrees that the not dissimilar case which has arisen since this question was tabled gives an added urgency to raising, through the Anglo-Irish Conference, precisely the question of the British Government amending the criminal law? What has happened in this case, where an innocent man was shot dead and his brother injured and the two charged soldiers walked free, serves only to undermine public confidence in the security forces and in the judicial system. It is a matter of urgency and in the interest of constitutional parties, North and South, that confidence in the judicial process and the security forces ought not be undermined by allowing people in these circumstances to escape with impunity.
The recent judgment is a reminder of the tragic killing in September, 1991 of a completely innocent individual. This, and similar cases in recent years, illustrate the problems surrounding the use of lethal force by the security forces in Northern Ireland and the deep and widespread dissatisfaction with the adequacy of the existing criminal law, the controls over the use of force and the accountability of members of the security forces. My priority would be to see that decisive action is taken in order to prevent a recurrence of the tragedy such as that which befell Kevin McGovern. I will be raising this matter tomorrow at the Anglo-Irish Conference.
Would this Minister agree that the possibility of evolving a new and separate offence of using unnecessary or excessive force, negligently causing the death or serious injury of civilians, should be introduced? It is abundantly clear that manslaughter and murder charges, under existing practice in Northern Ireland, cannot deal adequately with the question of blame in this matter and do not provide a sanction. Would he agree that the European Convention notion of providing strong protection for civilians against the use of force by the State should be the principle underlying the criminal law in Northern Ireland? Is he aware that the standing advisory council on human rights in Northern Ireland has expressed doubt in this area? There seems to be a general consensus among those——
Brevity, please, Deputy.
——who are not members of the security forces that there is no principled objection to the introduction of an offence of the kind I have mentioned.
I am aware of the report by the British Government's standing advisory committee on human rights and I share the view stated that action must be taken to counter the possible effect which the current practice has in increasing the alienation of sections of the Nationalist community from the lawenforcement authorities in Northern Ireland. From our consideration of these issues, and other events down through the years, there are three main changes required: tighter legal and operational rules governing the circumstances in which the security forces may open fire; provision for an independent element — for example, a police force in Britain — in the investigation of such incidents, and the revision of the existing law, including the establishment of a wider range of offences in lethal force cases. I believe the latter is necessary because of the obvious difficulty in securing convictions in murder prosecutions against members of the security forces and the virtual impossibility, in the light of the 1975 ruling by the House of Lords, of bringing a lesser charge in cases where lethal force was intentionally used.
Is the Minister of the view that manslaughter might have been a charge or something more defined, as Deputy McDowell outlined? Is he of the view that manslaughter tends to be a charge that does not hold water in Northern Ireland cases involving the killing of innocent civilians by security forces and will he raise this matter at his next meeting with the British authorities?
There are three main areas where we seek change and I will discuss those with the Secretary of State for Northern Ireland tomorrow. I hope, given the difficulties which have arisen in the past, that we will be able to come to an agreement in relation to progress being made.
The time for dealing with questions today is exhausted.
Deputy Currie and I have raised an important matter in relation to World Cup tickets and I thought the Minister would indicate to the House what progress he has made in this area.
I will take question No. 16, without supplementaries.
I thought the Tánaiste might indicate to the House what progress he has made in this area.
