The collusion report

If you don't have time to read all 162 pages of the report into police collusion with the UVF in the North, the following extract (reproduced verbatim) should give you the flavour.

The report finds evidence of collusion in the following areas:

• The failure to arrest informants for crimes to which those informants had allegedly confessed, or to treat such informants as suspects for crime;
• By creating interview notes which were deliberately misleading; by failing to record and maintain original interview notes and by failing to record notes of meetings with informants;
• The failure to deal properly with information received from informants, so that informants were able to avoid investigation and detection for crime;
• By arresting informants suspected of murder then subjecting them to lengthy sham interviews by their own handlers at which they were not challenged and then releasing them on the authorisation of the handler;
• By not recording in investigation papers the fact that an informant was suspected of a crime despite the fact that he had been arrested and interviewed for that crime;
• By failing to take steps to hinder an attempted bombing by the establishment of an operation either to disrupt or arrest the alleged perpetrators whose names were known to Special Branch;
• By giving instructions to junior officers that records should not be completed, and that there should be no record of the incident concerned;
• By ensuring the absence of any official record linking a Special Branch informant to the possession of explosives which may, and were thought, according to private police records, to have been used in a particular crime;
• By withholding information from CID that the UVF had sanctioned an attack;
• By concealing from CID intelligence that named persons, including an informant or informants, had been involved in particular crimes;
• By withholding information about the location to which a group of murder suspects had allegedly fled after a murder;
• By the concealment on a number of occasions of intelligence indicating that up to three informants had been engaged together in murders and a particular crime or crimes;
• By routinely destroying all Tasking and Co-ordinating Group original documentary records so as to conceal an informant’s involvement in crime;
• By destroying or losing forensic exhibits such as metal bars and tape lifts;
• By not requiring appropriate forensic analysis to be carried out on items submitted to the Forensic Science Service Laboratory;
• by blocking the searches of a police informant’s home and of another location, including an alleged UVF arms dump;
• By not questioning informants about their activities and continuing to employ informants without risk assessing their continued use as informants;
• By finding munitions at an informant’s home and releasing him without charge;
• By not informing local police of an anticipated attack, and not taking any action to prevent the attack;
• By not using the available evidence and intelligence to detect a crime and to link the investigation of crimes in which an informant was a suspect;
• By some Special Branch officers deliberately disregarding a very significant amount of intelligence about informant involvement in drug dealing in Larne, and North Belfast and in punishment attacks linked to drug dealing from 1994 onwards;
• By continuing to employ as informants people suspected of involvement in the most serious crime without assessing the attendant risks or their suitability as informants;
• By not acting on witness and other evidence received in particular crimes when the suspect was an informant;
• By not considering or attempting to conduct identification processes when there was particular evidence from witnesses about a criminal’s appearance;
• By providing at least four misleading and inaccurate confidential documents for possible consideration by the court in relation to four separate incidents and the cases resulting from them, where those documents had the effect of protecting an informant;
• By not informing the Director of Public Prosecutions that an informant was a suspect in a crime in respect of which an investigation file was submitted to the Director;
• By their failure to maintain the record of intelligence which was the basis for applications for extensions of time in detention to the Secretary of State;
• By withholding intelligence from police colleagues including the names of alleged suspects which could have been used to attempt to prevent and to detect crime;
• By the practice of Special Branch not using and following the practice of authorisation of participating informants;
• By completing false and misleading authorisations and reviews of informants for the purposes of the Regulation of Investigatory Powers Act;
• By cancelling the wanted status of murder suspects “because of lack of resources” and doing nothing further about these suspects;
• This investigation has examined the activities of police officers responsible for informants over a period of twelve years. On only one occasion have PSNI provided any document indicative of consideration of the termination of the relationship which Special Branch had with any of these informants, despite the extent of the alleged involvement of these informants in the most serious of crimes.

For years and years republicans have said this was going on and have been told we were at best paranoid, at worst outright lying; that there might (might!) be the odd "bad apple" in the RUC; that there was no more than the occasional bended rule and that even that was probably excusable given what the police were up against. There's all that out the window now. And this report only covers collusion with the Belfast UVF; imagine how much more it could have found with a wider remit.

I wonder if the report will get the widespread coverage within Britain that it merits, and that the Cory and Barron reports never did. Somehow I doubt it.

On the collusion report

I see in today's Examiner that Enda Kenny thinks the Taoiseach "should demand of Mr Blair that he give the necessary co-operation" into the investigations of crown force collusion in the Dublin and Monaghan bombings.

Absolutely.

Equally, Enda Kenny should demand of his former party leader, Liam Cosgrave, that he give the necessary co-operation into what the Brits were up to in the 26 Counties under his watch. Cosgrave has consistently refused to do so.

If Fine Gael want to be in Government it is essential that they give their full backing to investigations of this nature, including calling on all their members and supporters to come forward with any information they have that may be of use in solving these heinous crimes.

Isn't it?

St Andrews, again

I know it's almost too easy to attack the Indo for its sloppy reporting but even by its own standards, its report yesterday that SF "fully" support the St Andrews agreement is appalling. So appalling that one must suspect a deliberate attempt to unsettle our base. Wouldn't be the first time.

My reading of the actual SF position on the matter is fairly simple: we've agreed to the good parts and will continue to negotiate on the rest.

My position hasn't changed, but I think this is a fairly accurate reflection of what the grassroots have been saying. Most of the membership want "progress" as it's come to be defined - i.e. restoration of the institutions - but aren't happy with a lot of the details in the proposals. So it is important that work continues on ironing out those issues.

In the meantime, attention needs to be drawn to the findings by a panel of international investigators of widespread collusion in loyalist murders, including the Dublin and Monaghan bombings.

It is really past time for the Dublin Government to take action against London for its continuing refusal to co-operate in the investigations.

Tony Blair has vowed that Britain will hunt down those responsible for last week's attacks. And quite rightly.

It's quite a contrast with his continued refusal to order a thorough investigation into the Dublin and Monaghan bombings, not to mention his gutting of the Finucane Inquiry.

Martin Ferris in the Dáil today

Mr. Ferris: Like previous speakers, I welcome the second report of the Morris tribunal. The belief that what happened in Donegal was as a result of a small number of gardaí effectively being out of control is something that needs to be examined. If that were the case, one would assume there was never a heavy gang in the State. While a prisoner in Portlaoise Prison in the 1970s, I witnessed at first hand Nicky Kelly, a colleague of Deputy Rabbitte, being helped up the stairs after being brutally assaulted and beaten by members of the special branch. Not one member of this heavy gang was held accountable for their brutal actions.

This also calls into question the sacrosanct evidence accepted by the Special Criminal Court, where the word of a special branch man as against a defendant is taken as absolute, even to the extent that verbal admission, regardless of how it is extracted, is accepted as evidence to secure convictions. As elected representatives, we must ensure that what took place in Donegal and what is taking place in many other areas does not happen again. Since becoming a Member of this House, I have been trying to get the Minister for Justice, Equality and Law Reform to examine the planting of a gun in a man's car, but to no avail. The gun was subsequently destroyed on the orders of the Minister. This speaks volumes about this man who opposed the setting up of this inquiry. He has resisted it from the beginning. As Deputy Gormley said, he is now saying he delivered on this.

We must also examine the convictions secured on evidence produced by the senior gardaí mentioned in this report. Where do the victims stand in all of this? It is likely that many innocent people in many counties were convicted on verbal admissions or signed statements, regardless of how they were extracted. I attended meetings with Joe Costello in the 1970s and 1980s when there was an attempt to raise this issue, but the State stopped it. I recall the Fianna Fáil Party in Opposition speaking out against the heavy gang, but when it went into Government it did nothing about it.

There are many issues to be examined in this regard. I suggest that the Morris tribunal should include in its terms of reference the collusion in the assassination of Donegal county councillor, Eddie Fullerton. He was shot dead in his home and nothing has been done about it. The investigation has been hindered because elements in control of the British forces were involved in the case. We must also examine the use of informers - people who would sell their soul for money. These people were being used without any accountability.

An Ceann Comhairle: As I pointed out to Deputy Rabbitte, a brief comment is in order this morning on the Morris tribunal report and a more detailed comment may be made in the debate which has been promised in coming weeks.

Mr. Ferris: With respect, I would be failing in my responsibility as a public representative if I did not bring to the notice of the House today the use of Garda informants in the Donegal matter, which was very evident in the report. I welcome the fact that this issue will be debated. The debate must take into account all the aspects I have raised, including issues that were hidden by this House and the State in the past. People were never held accountable for the wrongs and injustices they perpetrated against victims inside Garda barracks. Members of the special branch were given the freedom to do what they wished. I look forward to the debate to which I will contribute in due course.

30 years

Today is the 30th anniversary of the Dublin and Monaghan bombings, the single worst atrocity of the Troubles, in which 33 people (one a pregnant woman) died. Despite the fact that police had identified the key suspects within 48 hours, to this day not a single suspect has been charged, arrested or even questioned over the attacks. Important files pertaining to the case have 'disappeared'.

Last year, Justice Barron's report into the bombings was published. I read the whole thing (you wouldn't want to drop it on your toes). A number of people were disappointed, and no doubt another number were relieved, that the report found no solid evidence of British collusion. But it did find that those witnesses who testified that collusion took place were credible and should be taken seriously, and moreover, that it wasn't possible to obtain all the evidence anyway because the Brits refused to hand over crucial files. Why wouldn't they? Well, I can only think of one reason.

Shortly after the report's publication an article appeared in Phoenix magazine (health warning, I know, but the article did cite its source, which I've forgotten) stating that in 1972 or 1973 the Irish Government had discovered a British spy in the Justice Department. The spy was sacked, of course, but given events at the time the Brits would almost certainly have tried to replace him. Remember those missing files I mentioned a couple paragraphs ago?

It's long past time for the Dublin Government to stop fannying around and insist on seeing the evidence. They've threatened on several occasions to take the British Government to court over this. What is stopping them? In the 70s it was said that they were reluctant to take action for fear of handing republicans a propaganda victory, but surely by now they should have copped on that that's precisely what they do by hesitating and that firm, decisive action is not only the right thing to do, it's also the politically sensible thing to do.

Anybody reading this who has a Fianna Fáil TD (or is willing to pretend to), please drop them an email and ask them to begin European Court proceedings. While you're at it, tell them you support - no, demand - a full public inquiry into the handling of the case by Gardaí and other Irish officials. If you really want to make an impression, tell them that Sinn Féin are the only party who seems to care about this issue - I guarantee that that will get their attention, and will probably be reported at the next Parliamentary Party meeting.

In the meantime, drop a note of support to Justice For The Forgotten (you can view their website here). The amount of work this group has done over the years is truly inspiring and when justice finally is done, they will be the ones to deserve most of the credit.