By Paul O'Connor Project Co-ordinator The Pat Finucane Centre, Irish News, 19.08.2003
NIO Minister John Spellar is in the firing line and rightly so. At the weekend Belfast Lord Mayor Martin Morgan made it clear that the minister, holding the human rights, equality and criminal justice portfolios, would not be a welcome guest at City Hall. Irish foreign minister Brian Cowen has vowed to raise the issue with the British government. Meanwhile, John Spellar refuses to give interviews. Amid all the controversy surrounding his involvement in the Peter McBride case it is important to set the record straight about what occurred at that pivotal meeting in Stormont last week. Why did Jean McBride call for a meeting and then walk out?
John Spellar began by informing the family that he had no idea, no information, not a clue, as to when or how the MoD intended to respond to the June court judgement which found the decision of the army board to retain the two soldiers unjustified.
When quizzed as to why he didn't think it important to find this out before meeting the McBrides he did a shameless 'Pontius Pilate'. This was a matter for the MoD and the army board. Nothing to do with him he claimed and, wait for it, nothing to do with the government! This was an internal matter for an army board or so the family were asked to believe.
The issue of who knew what and when took on added importance when it emerged later in the week that armed forces minister Adam Ingram, Spellar's close ministerial colleague, had in fact decided to ignore the court judgement (and allow one of the killers to be promoted) at least four days before Spellar met with the family.
Did Adam Ingram make such an important decision and not inform his ministerial colleague, John Spellar, who sat on the army board, and was about to meet the family?
The McBride family have made clear their own view on the above but what really beggars belief is Spellar's claim that the retention of convicted murderers in the British army is not a matter for government. Let's be clear about this. The British government (and the MoD is after all a ministry of the government) has a very clear policy on soldiers sentenced before civilian courts. The policy has two parts:
1) Soldiers who receive custodial sentences in civilian courts on even the most minor of offences are dismissed. Over 2000 have been dismissed since Peter McBride was murdered.
2) Soldiers convicted of murdering Irish citizens are retained in the army. Privates Lee Clegg (conviction later overturned) Ian Thain and Guardsmen Wright and Fisher were the only soldiers convicted of murder in the North. All were allowed to remain in the armed forces. That is a policy.
Lest any doubt remain that the government does in fact have a policy on the case, it is useful to remember how it has been dealt with. As armed forces minister John Reid met with the Scots Guards Release Group and then expressed concern at their continued imprisonment. He then refused to meet the McBride family.
In answer to a query as to why the campaign group were allowed use of the facilities and telephone of the Scots Guards HQ in London, Mr Reid replied that the two (imprisoned murderers) were entitled to the support of their regiment. Why? On the day of their release their families received early morning phone calls from none other than the secretary of state to inform them of the good news. What was it these men were convicted of again?
The process which led to their retention is instructive. The vast majority of soldiers are simply dismissed, there are no army board hearings. That a hearing took place at all is evidence of a government policy when it comes to the killing of civilians here.
Who sat on the two army boards concerned with this case? Armed forces minister Doug Henderson sat on the first. Its ruling was overturned in a court of law. Armed forces minister John Spellar sat on the second. That ruling was also overturned. So according to the minister for human rights, equality and criminal justice the government has no view on the matter.... come on Mr Spellar.... we didn't come up the Lagan in a bubble. Increasingly though it looks like you did.