Rain Belfast Hi 16 °C | Lo 9°C

Price's pardon is lost along with 'standard' procedures

By Eamonn McCann
Friday, 3 February 2012

Jailed: Marian Price with a masked man during a 32 County Sovereignty Movement Easter commemoration

Jailed: Marian Price with a masked man during a 32 County Sovereignty Movement Easter commemoration

In olden days, a politician knocking a judge was something shocking. Now, heaven knows, anything goes. In Northern Ireland, anyway.

Here, former Secretary of State Peter Hain gets to tell a judge who delivered a verdict he disapproved of that he's "off his rocker", while current incumbent, Owen Paterson, orders someone into prison because he reckons we'd all be better off with her out of the way. At least that's how it seems.

Hain, in his recent autobiography, suggested that a High Court judge, Mr Justice Girvan, was not the full shilling when he ruled, back in 2006, that the appointment of Bertha McDougall as interim Victims' Commissioner had been made for an "improper political purpose".

Mrs McDougall, the widow of a reserve police officer assassinated by the INLA, was announced as interim commissioner in October 2005. At the time, Hain was trying to coax the DUP towards acceptance of power-sharing. The appointment was seen by some victims' groups and by nationalist politicians as a gesture to Ian Paisley's party.

No one cast doubt on Mrs McDougall's integrity. The integrity of the NIO was a different affair.

Hain insisted he had chosen Mrs McDougall without reference to outside opinion, solely because he thought her the best person for the job.

In response to a Freedom of Information request from west Belfast woman, Brenda Downes, whose husband had been killed by a RUC plastic bullet, the NIO said that, "No consultation ... took place".

But then Jeffrey Donaldson blew the gaffe. Pressed by journalists, he gave a straight answer: the DUP had been "fully" consulted and had been "delighted" by Mrs McDougall's appointment.

The Lord Chief Justice, Sir Brian Kerr, now gave Mrs Downes the go-head to apply for a judicial review. Mr Justice Girvan presided.

The head of the civil service, Nigel Hamilton, submitted an affidavit, which he testified had been seen and approved by Hain, admitting that there had been political input into the process and that it had been the DUP which had put forward Mrs McDougall's name. Mrs Downes then applied to have Hain summoned to explain himself. Mr Justice Girvan agreed. Hain's response to the summons was a shrug.

Another senior NIO official, political director Jonathan Phillips, confirmed that not only had the DUP been consulted and had suggested Mrs Downes for the post, but Hain had personally ordered that no party other than the DUP be consulted.

Mr Justice Girvan declared: "It must be concluded that it was decided that the correct information should not be placed before the court ... This case raises very serious issues, which should be the subject of immediate and searching inquiry at a high level."

Hain told journalists that he'd let them know if he decided to have an inquiry. Mr Justice Girvan convened a High Court hearing and explained that he hadn't asked Hain whether he fancied holding an inquiry. Such an inquiry could not anyway "be conducted by any of the personnel involved".

Swearing to "incorrect and misleading information," he added, "would appear to fall within the concept of perverting the course of justice".

In December 2006, Attorney General Lord Goldsmith announced the appointment of civil servant Peter Scott to conduct the inquiry. Scott's inquiry was held in secret.

It found that while the process had been entirely improper, Hain couldn't be held personally responsible. Scott didn't reject any of the rulings, or remarks, of Mr Justice Girvan.

Six years later, Hain's successor, Owen Paterson, has sent the traditional republican Marian Price back to jail because, he says, she breached the terms of the licence on which she had been released in 1980 from a life sentence for the March 1973 Provisional IRA bombing of London.

Price's lawyers insist that she had been freed by Royal pardon, not on licence, and that Paterson doesn't have the authority to overrule a pardon. They have demanded production of the document, so that its terms can be established. Paterson says that the only copy has been lost or shredded.

There are many people - by no means all of them sympathetic to Price's politics - who are quite prepared to disbelieve this.

Others will find it impossible to believe that a Secretary of State could supply incorrect and misleading information in a fraught and sensitive case. But, oh yes, he could.

Speaking last week of Mr Justice Girvan's handling of the matter, Hain scoffed that "It wouldn't have happened anywhere else in the UK".

Right enough. If it had happened anywhere else, Hain would have been run out of public life.

But this is wild and wacky Northern Ireland, where normal rules don't apply, where due process is optional and, at the whim of a politician, where anything goes.

NiteLife: The Roost, Granny's, Bert's

Had a big night out? Click here to send your pics

Jubilee: Queen's 60 years on throne

Queen Elizabeth

Old School Pics: Alex Higgins

Old School

To launch gallery click image or select school below

Methodist College, Campbell College, Grosvenor,
Bangor Grammar, Dunlambert, St Augustine's,
St Dominic's, Royal Academy, Ballymena Academy

The Troubles: Northern Ireland's First Minister and Deputy First Minister

Gallery: Awesome images of Titanic

Gallery: Awesome images of Titanic

Teletoons by Stevie Lee

Teletoons by Stevie Lee

Follow us on Twitter

Out & About: The Garrick

Out & About: The Garrick

Columnist Comments

robert_fisk

The West is horrified by children's slaughter now. Soon we'll forget

Bashar al-Assad will get away with it. He got away with Deraa. He got away with Homs. And he'll get away with Houla. So will the armed opposition to the regime, along with al-Qa'ida and any other outfits joining in Syria's tragedy.

jane_graham

Why my kids feel Olympics are not the real thing now

I did quite well in my school exams, but the only thing for which I can confidently say I stood out like a beacon among my fellow pupils was my record-breaking 100-metres dash.
readers_editor

Think your money is legal tender? Don’t bank on it

Readers have a habit of shining spotlights on unexpected issues that throw up interesting queries. Or, on occasion, a downright can of worms.

eamon_mccann

World must open its eyes and see Israel for what it is

Why pick on Israel when there's so much injustice in the rest of the world? The answer is to be found in the specific circumstances which gave rise to the launch of the BDS (Boycott, Divestment and Sanctions) campaign in July 2005.
liam_clarke

PR machine is driving Sinn Fein power push

Sinn Fein's ard fheis opens in Killarney tomorrow. Like most conferences held by successful political parties, it is a well-managed set-piece. It is a PR event and it is aimed at the voters watching on TV.
robert_mcneill

Why bringing up our kids should be child's play... or maybe it's not

Nurse, the screens! Yup, top experts have issued new warnings about kiddies watching nothing but tellies and computers, while real life flits by unnoticed outside.
Belfast Telegraph Home Delivery

When you visit this website www.belfasttelegraph.co.uk, we use cookies to enhance your browsing experience and serve you with advertisements which might interest you.

To find out more about cookies and how to manage them Click Here

TeleToons

Teletoons gallery by Stevie Lee

Latest Comments