OTR conclusions

Peter Cheney examines the key aspects from Lady Justice Hallett’s report into the on-the-runs scheme.

Inquiries

Peter Robinson had demanded a public inquiry but David Cameron granted a judge-led review. A public inquiry (under the Inquiries Act 2005) can compel witnesses to give evidence under oath. Hallett’s review sought to establish the facts in an open and rigorous way through private interviews and scrutiny of the relevant documents. The ongoing Northern Ireland Affairs Committee inquiry can summon witnesses.

Immunity

Labour and the Coalition Government have rejected amnesty but accepted the concept of limited immunity. In an amnesty, the state undertakes to never prosecute for an offence. Amnesties were granted by the UK and Irish governments after the 1920s conflicts in Ireland but they raise serious moral and legal questions. The OTR scheme offered limited immunity by informing suspects that they would not face prosecution – although this could proceed if fresh evidence became available.

The Westminster parties are keen to keep limited immunity as an option as this was proposed in the Haass talks. Royal prerogatives of mercy (RPMs) grant pardons for particular offences after a person has been convicted. There is no central register of RPMs in Northern Ireland but Hallett believes that 13 OTR suspects received one at some point.

Extent

The OTR scheme referred to offences committed in the UK before April 1998. It started in June 2000 and ended in December 2012. The letters warned that suspects may still face extradition to other jurisdictions, which may include the Republic, Germany and the Netherlands.

While the scheme was administered by the NIO, names were mainly selected by Sinn Féin. Hallett found that dozens of “police officers, prison officers, government officials and politicians must have known that some kind of scheme was in operation”. An “astute observer” would have been aware of the scheme through parliamentary answers, occasional press articles, and the 2009 Eames-Bradley report.

Resolution

The story illustrates how a contentious political issue can resurface and cause tension later in the political process. In addition to the past, other potential examples include reform of the political institutions, the regulation of flags and parades, the status of the Irish language, and the potential for a Bill of Rights and Single Equality Bill. Delivering an agreement on each issue depends on consensus between the Executive parties.

OTR scheme summary