Oral statement to Parliament

Rosemary Nelson Inquiry report

The Secretary of State for Northern Ireland's statement on the report into the death of Rosemary Nelson.

This was published under the 2010 to 2015 Conservative and Liberal Democrat coalition government
The Rt Hon Owen Paterson

The Secretary of State for Northern Ireland (Owen Paterson): 聽

Introduction

With permission Mr Speaker I would like to make a statement on the report into the death of Rosemary Nelson, which is being published this afternoon.

Mrs Nelson, a solicitor, was murdered close to her home in Lurgan, County Armagh, on 15 March 1999 when a bomb attached to her car exploded.

Responsibility for the murder was claimed by the so-called 鈥榣oyalist鈥 paramilitary group, the 鈥楻ed Hand Defenders鈥.

Mr Speaker, I will first set out the main conclusions in the report, before moving on to outline its findings on the Royal Ulster Constabulary, on the Northern Ireland Office and on the murder investigation. 聽I will also set out the context in which this tragic event happened.

The Inquiry was established by the previous Government and was asked to determine:鈥漺hether any wrongful act or omission by or within the Royal Ulster Constabulary, Northern Ireland Office, Army or other state agency facilitated her death or obstructed the investigation of it, or whether attempts were made to do so; whether any such act or omission was intentional or negligent; whether the investigation of her death was carried out with due diligence; and to make recommendations.

I should like to put on record my thanks to Sir Michael Morland and his fellow panel members Dame Valerie Strachan and Sir Anthony Burden for their work. 聽They have produced a detailed account of the circumstances surrounding this despicable and cowardly murder. 聽This is a lengthy report which has cost 拢46.5m and has taken 6 years to complete. 聽I am sure that the whole House will want to join with me in hoping that the report brings a measure of resolution to Rosemary Nelson鈥檚 family.

The report finds that 鈥淭here is no evidence of any act by or within any of the state agencies we have examined (the Royal Ulster Constabulary, the Northern Ireland Office, the Army or the Security Service) which directly facilitated Rosemary Nelson鈥檚 murder鈥. 聽

The report goes on to say that 鈥渨e cannot exclude the possibility of a rogue member or members of the RUC or the Army in some way assisting the murderers to target Rosemary Nelson鈥. Although the panel does not provide specific evidence on this.

Mr Speaker, those who are looking for evidence that the state conspired in or planned the death of Rosemary Nelson will not find it in this report.

The report does say that: 鈥渢here were omissions by state agencies, which rendered Rosemary Nelson more at risk and more vulnerable鈥. 聽

the combined effect of these omissions by the RUC and the NIO was that the state failed to take reasonable and proportionate steps to safeguard the life of Rosemary Nelson. If Rosemary Nelson had been given advice about her safety and offered security measures, then assuming that she had accepted such advice and security measures, the risk to her life and her vulnerability would have been reduced鈥.

The report does however recognise that 鈥淭here is nothing that any organisation can do that will infallibly prevent a murder. What can be reasonably looked for is a reduction in the risk鈥. 聽

Mr Speaker, I am profoundly sorry that omissions by the state rendered Rosemary Nelson more at risk and more vulnerable. 聽It is also deeply regrettable that despite a very thorough police investigation no-one has been charged for this terrible crime.

On the investigation into the murder, which was led by a senior police officer from outside Northern Ireland, the report describes the investigation as 鈥渆xhaustive, energetic and enterprising鈥. It concludes that 鈥渢here is no evidence of any deliberate attempt by any of the organs of the state corporately to obstruct the investigation鈥.

RUC

Turning to the RUC, the panel finds that:

some members of the RUC publicly abused and assaulted Rosemary Nelson on the Garvaghy Road in Portadown in 1997, having the effect of legitimising her as a target.鈥 聽The report also says;

we believe that there was some leakage of intelligence which we believe found its way outside the RUC鈥 and that 鈥渢he leakage increased the danger to Rosemary Nelson鈥檚 life鈥.

some members of the RUC made abusive and/or threatening remarks about Rosemary Nelson to her clients.

In addition, the report states that:

in assessing whether or not Rosemary Nelson鈥檚 life was at risk, RUC Special Branch failed to take into account all the intelligence and the open information available to them鈥;

RUC management negligently failed to intervene to prevent their officers from uttering abuse and threats to defence solicitors, including Rosemary Nelson鈥;

Local RUC management failed to follow through promised action to pay special attention to Rosemary Nelson鈥檚 office and home addresses鈥;

there was no analysis or evaluation of intelligence relevant to Rosemary Nelson鈥;

there was a corporate failure by the RUC to warn Rosemary Nelson of her vulnerability and offer her security advice鈥.

NIO

In relation to the Northern Ireland Office, the report concludes that:

the NIO did not press the RUC hard enough for full replies to their questions concerning Rosemary Nelson鈥檚 personal security鈥;

the NIO should have proactively questioned the RUC as to what factors were considered in producing a threat assessment鈥;

the NIO dealt in a mechanistic way with correspondence from Non-Governmental Organisations raising concerns about Rosemary Nelson鈥檚 safety.

Obstruction

In their findings relating to the accusations of obstruction by the state in the murder investigation, the panel identifies that:

Special Branch gave levels of information unprecedented in the history of the RUC to the Murder Investigation Team鈥. 聽The panel also finds that the investigation team had wide ranging Terms of Reference and was generously resourced.

However, the panel found that Special Branch co-operation was incomplete, that they were:

over-possessive about their intelligence鈥;

unjustifiably resentful and defensive about any enquiry which they interpreted as treating them as potential suspects鈥;

omitted to disclose all items of relevant intelligence鈥. 聽

But the panel conclude that 鈥渋n the main, the investigation was carried out to a high standard, in very difficult conditions鈥 and say that 鈥淥verall, the investigation of the murder was carried out with due diligence鈥.

Recommendations

The panel has chosen not to make any recommendations, pointing to 鈥渇undamental changes to the organisations that we have been examining and to the context within which they worked鈥.

In particular the panel notes that:

The Royal Ulster Constabulary has now been replaced by the PSNI, on the lines envisaged by the Patten Commission. 聽Many of the reforms were first proposed, and subsequently implemented, by Sir Ronnie Flanagan.

Complaints against the police are now investigated by the independent Police Ombudsman for Northern Ireland, so the PSNI is not in the position of having to investigate complaints about its own officers.

After the murder of Rosemary Nelson, the Key Persons Protection Scheme was amended: defence solicitors were included among those who could qualify for the scheme.

The report concludes that 鈥渨e consider that these changes effectively deal with the systemic problems that we saw in the way that the organisations operated鈥.

Context

Mr Speaker, as the three panel members say in their foreword, and I quote: 鈥淲e recognise that the context in which these events happened was extraordinarily difficult. 聽We do not underestimate the problems and personal danger faced by the agencies and individuals whose work we have been examining. For example, during the Troubles, over 300 RUC officers lost their lives and over 7000 were injured; over 700 British military personnel were killed and over 6000 were injured鈥. 聽

Mr Speaker, at times they stood quite literally between the rule of law and the descent into anarchy.

All of us owe them an immense debt of gratitude and that is something that this Government will never forget.

The report does make criticisms of the RUC and we should not seek to gloss over them.

But it would be wrong for the criticisms in the report to be used in any way to denigrate the overall record, courage and sacrifice of the RUC. 聽

Despite the enormous progress heralded by the Agreement, Northern Ireland was still emerging from 30 years of terrorist violence in 1999. 聽With both loyalist and republican dissidents continuing to carry out attacks, the security situation remained dangerous. 聽As the report says 鈥渢here were violent groups who were implacably opposed to the Peace Process who were prepared to commit sectarian murder鈥. 聽

Conclusion

In conclusion Mr Speaker, it is clear that just as Lord Saville found no evidence of a conspiracy by the British state; just as Lord Maclean found no evidence of state collusion in the murder of Billy Wright; so this panel finds no evidence of any act by the state which directly facilitated Rosemary Nelson鈥檚 murder.

This report is a detailed and authoritative account of the circumstances surrounding Rosemary Nelson鈥檚 horrific death. 聽Politically motivated violence can never be justified.

The whole House will wish to join me in condemning her vile murder and also extending our deepest sympathies to her family. 聽

I commend this statement to the House.

Updates to this page

Published 23 May 2011