Éamon Ó Cuív demands MI5 files after Police Ombudsman report
Éamon Ó Cuív said the Police Ombudsman Commission report confirms long-suspected collusion in Northern Ireland and called for full access to historical files, including MI5 records, to enable a proper investigation. He backed the Government's position opposing a statute-of-limitations proposal and urged the creation of a truth commission separate from prosecutions.
Police Ombudsman findings and collusion
Éamon Ó Cuív welcomed the Police Ombudsman Commission report as confirmation of abuses long suspected by many, saying it documents major abuses of policing and authority during the Troubles and since.
Demand for MI5 files and full investigation
He insisted that any meaningful investigation must include sight of all files, explicitly naming MI5 records, arguing that collusion extended to the heart of policy in London and that access to those files is essential for public confidence in justice and security.
Legal outcomes and parity of justice
Ó Cuív highlighted that, since 1998, relatively few people have been imprisoned for pre-ceasefire actions and cited one conviction from 1982 as notable. He said he is unaware of comparable convictions of police, military or state actors and stressed the need for even-handed enforcement of the law.
Inequalities under the Good Friday Agreement and legacy delays
He raised concerns about inequalities affecting those released under the Good Friday Agreement who remain on licence and face licence revocation without a further trial for non-violent offences. He also pointed to legacy issues including long pretrial delays of up to eight years, controlled prison movement, frequent strip-searching on the Republican wing, targeted stop-and-search of families and closures of family bank accounts.
Double agents and a call for a truth commission
Ó Cuív warned that the role of double agents remains active, citing the McFadden affair as an example, and said he finds state involvement that encourages violence objectionable. He argued a truth commission is required—separate from prosecution decisions—and reiterated that full access to MI5 and other security files would be necessary for any comprehensive truth process.
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I think that the Police Ombudsman Commission report, which I absolutely welcome, confirms what a lot of us presumed was the situation, without the detail, for a long time. And I have attended previous presentations from people who have done a lot of study on this issue of collusion, that there were major abuses of policing and of authority in the north of Ireland during all of the troubled period and since. I also have to say that, like everybody else here, I support the position that has been adopted by the Government in relation to the proposal of the statute of limitation. And it's one thing that there's all party agreement in Northern Ireland on, and I was very surprised that any Government in Westminster made a proposal when all the parties were against it. I do think we need to go and investigate what happened, that has been promised a good few times. But to do that, we must get sight of all the files, including all the MI5 files. Because there is no doubt in my mind, that not only was there collusion from police, but that it went to the heart of policy in London in MI5. And until we get to the bottom of what really happened, I don't think that people will have faith in justice and security issues in that jurisdiction. I think it is worth noting here today that if you check what has happened since 1998, relatively few prisoners have gone to prison for anything that happened prior to ceasefires. I can think of one because he was the cause of me getting involved in this whole issue all over again back in 2011, and that was Gerry McGough, who got convicted for something that had happened back in 1982. But we have never seen that happen on the other side, i.e., to my knowledge, no lie list, nor no military, nor no police were ever convicted of police ceasefire events. There are, I understand, a handful of others who have been convicted. And I think that even-handedness and fairness is absolutely vital in the enforcement of the law. I would also like to raise another present issue where there is a huge inequality. And that is that those who were convicted, and if you are not going to try or convict anybody else, those who are convicted and let out under the Good Friday Agreement, they are not free. They are out on licence. And if they commit a crime that has nothing to do with violence, just an ordinary, I won't say an ordinary crime, but a crime not associated with any paramilitary activity, their licence can be revoked without another trial. And again, we see a huge inequality of treatment here. And this is a real live issue in 2022. I also would have to say, Minister, and you know this, and I know this, the role of double agents in Northern Ireland is as alive today as it was during the Troubles. And we know of the McFadden affair that has still come to trial. A clear case of an agent operating on a double agent basis. I have to say, I find that objectionable, totally, that the State is involved in actually encouraging people to get involved in violence. I want to also raise another issue with you in relation to legacy, as we are talking about legacy, because lots of people have gone through the historic thing, and I have only got a limited number of minutes here, very, very thoroughly. But as you know, in the separation regime, on the Republican side in Northern Ireland, and I have been on endless times, and you have heard my representations, there is still strip searching going on, otherwise called full body searching. Even though they know that there are no drugs on the Republican wing, and anything else they might be bringing in would be ascertainable, as happens in Partlecia by other means. You know that there is controlled movement in the prisons, that no more than four can come out in the landings, even though there is something only like 12 or 13 prisoners in total there. You know that there has been stop and search going on at a very high level on certain families, and family bank accounts being closed down where they cannot get their social welfare payments. You know that there are delays of up to eight years. In other words, people are spending time either on remand or on very, very strict bail conditions, which means signing in every day effectively and not being able to take up employment, for up to eight years waiting for trial. And these are all legacy issues, because they are a carryover of the treatment that always seems to fall on one side from the time of the Troubles. And I believe we need to go forward. I have spent the last 11 years trying to encourage people who might have been of a different view to mine, that the only way forward is through politics, through negotiations, through dialogue, through peaceful methods. I have to say at times I find that one of the biggest barriers to doing so is the behaviour of certain sections. And I would very much divide the authorities between the secret authorities, secret police that answer to London and MI5 as compared to community policing, which tends to operate to much more open and better community standards. So we have a lot of outstanding issues. Can I finally say there should be a truth commission set up? That is totally separate from the prosecution issue, and I think everybody is against the statute of limitations, but there should be a truth commission set up as well. Relying on an ombudsman to do something on a hodgepodge basis compared to a full truth commission. But if there is going to be a truth commission, we need to get sight of the MI5 of all of the security files that the British hold for that period. Even though I have a funny feeling that it would really shock people with a certain reading of events in Northern Ireland if they could get sight of them. Pork wants. Have a good time.
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