‘On-the-run’ letters not an amnesty and within the law

The sending of 228 letters to suspected terrorists saying they were no longer wanted by the Northern Irish government did not amount to an amnesty and was within the law, a report has found.

The review into the ‘on-the-run’ administration scheme, conducted by Justice Hallett, found that 156 people received letters of assurance that confirmed they were not wanted, another 31 were told they were ‘not wanted’ some other way, 23 were told they were wanted and 18 have not been told their status. The scheme was discontinued by the Northern Ireland government in December 2012.

The review was conducted after the collapse of the prosecution of John Downey, who had erroneously received an on-the-run letter. Mr Downey was suspected of carrying out the July 1982 Hyde Park bombing. His trial was aborted after the judge concluded it would be an abuse of process to continue.

Justice Hallett concluded that the scheme evolved as part of the peace process. She found that although it was unprecedented and flawed, it was not unlawful and did not give terrorist suspects an amnesty.

She further concluded that there was a lack of structure and strategy to the scheme as well as inadequate liaison between the departments and organisations responsible for its administration.

Justice Hallett found the error that led to the sending of a letter of assurance to Mr Downey was the result of a mistake by the police. She concluded that the mistake was itself caused in part by a lack of understanding of all aspects of the scheme and that the error was subsequently identified but not rectified.

Police Service of Northern Ireland (PSNI) Chief Constable George Hamilton said the force accepts the report and its recommendations in full.

“I am deeply conscious that there are many people who suffer as a result of Northern Ireland’s dark and difficult past, the conclusions in the report will bring yet more hurt to those who have already suffered so much,” he said.

“The role played by policing in the administrative scheme was a critical but limited role which operated within the narrow constraints of policing duties.”

The PSNI has already begun reviewing each of the 228 cases involved in the administrative scheme.

Northern Ireland Justice Minister David Ford said the report sets out the first steps that must be taken to restore confidence in the justice system.

“Justice Hallett has identified a further two letters sent that contained errors originating from the PSNI. The PSNI were participants in a scheme that was not properly thought through,” he said.

“A scheme initiated by ministers that evolved over time with no overall ownership or accountability and for which ministers bear responsibility.

“She correctly describes the administrative scheme as flawed and this is what has damaged public confidence in the justice system. I am seeking assurances from the Secretary of State, the Public Prosecution Service and the PSNI that no element of the scheme still exists.”

Sinn Féin President Gerry Adams has said the publication of the Hallett report makes it imperative that all the political parties recommit themselves as quickly as possible to the suspended all-party talks.

“The key to making progress is both governments unequivocally stating their determination to honour outstanding commitments from the Good Friday Agreement and to make clear to political unionism that they will not block progress,” he said.

“There is a responsibility on the two governments to enhance the political context for agreement by providing clear and positive leadership.

“This report demonstrates that the administrative scheme was wrong in principle and shambolic in practice. If an individual was ‘on-the-run’ they clearly feared they were a suspect who the authorities were seeking. That fear of the justice system should never have been removed.”