Northern Ireland

Tony Blair government considered previous Troubles amnesty

Former British prime minister Tony Blair
Former British prime minister Tony Blair Former British prime minister Tony Blair

Making special arrangements for convicted and alleged perpetrators during the Troubles has been a long standing feature of the peace process.

The Good Friday Agreement in 1998 allowed for the early release of both loyalist and republican prisoners and later attention turned to republicans classed as 'on-the-runs' (OTRs)

Tony Blair's government's sought to deal with the anomaly of sentenced prisoners and the OTRs with a specially designed scheme.

Under the 2005 proposals, paramilitary fugitives would apply to a commissioner who would decide if they were eligible for a special trial. A tribunal made up of a retired judge sitting without a jury would hear the case.

The tribunal would have all the normal powers of the crown court but the accused would not have to appear for their trial. Those found guilty would get a criminal record but be freed on licence.

However, there was wide-spread criticism when news emerged of the plans.

And it was argued that as well as republican OTRs, loyalists, soldiers and police officers accused of committing crimes would have been eligible for the scheme.

Ian Knox cartoon 7/5/21 
Ian Knox cartoon 7/5/21  Ian Knox cartoon 7/5/21 

Relatives of people who had died during the Troubles feared they would never see justice, while unionists and the SDLP criticised Mr Blair for giving an effective amnesty to anyone accused of offences in Northern Ireland before 1998.

The SDLP also said members of the security forces involved in "state-planned murder" would walk free.

But the Northern Ireland minister at the time, David Hanson, denied it was an amnesty and said "sometimes it is necessary to make difficult decisions in the interests of entrenching the benefits of peace".

Sinn Féin initially supported the plans but later rejected it because it would have also covered the British Army and RUC.

The plans were shelved in the face of widespread opposition.

But the issue of the on-the-run cases continued to be discussed in the background and in 2007 the PSNI began a review of people regarded as "wanted" in connection with terrorist-related offences before the Good Friday Agreement.

They looked at what basis, if any, they had to seek arrests.

Details of the subsequent 'OTR letters' only became public in February 2014 when a case against suspected IRA bomber John Downey collapsed at the Old Bailey.

He was due to go on trial charged with killing four soldiers in the 1982 IRA Hyde Park bombing. But he cited an official letter he had received in 2007.

It stated: "There are no warrants in existence, nor are you wanted in Northern Ireland for arrest, questioning or charging by police.

"The Police Service of Northern Ireland are not aware of any interest in you by any other police force."

But he had been mistakenly sent the government letter saying he was not wanted for questioning by police.

Mr Justice Sweeney ruled that Mr Downey, who denied any involvement in the bombing, should not be prosecuted because he was given a guarantee he would not face trial.

The full scale of the administrative scheme involving other republican paramilitary suspects then emerged.

An independent review carried out by Lady Justice Hallett found significant systemic failures but concluded that the letters were not an amnesty and the scheme was lawful.

The Northern Ireland Affairs committee separately concluded that it had damaged the integrity of the criminal justice system.

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