Dáil debates

Wednesday, 21 November 2018

Saincheisteanna Tráthúla - Topical Issue Debate

Miscarriages of Justice

2:40 pm

Photo of Ciarán CannonCiarán Cannon (Galway East, Fine Gael) | Oireachtas source

I thank the Deputies for the update of their meeting in Westminster yesterday. My colleague, the Tánaiste, and I are aware of the case to which the Deputies refer. Officials from within our Department, both in Dublin and in the secretariat in Belfast, monitor the case as well as other cases relating to prisoners detained in Northern Ireland.

From the outset, I would like to say that the murder of Constable Stephen Carroll was an appalling act of violence which was rightly condemned by the two Governments and by political representatives across party and community lines in Northern Ireland at the time. It was an attack on the new policing dispensation brought about by the Good Friday Agreement, it was an attack on the Police Service of Northern Ireland which has cross-community backing and serves all the people of Northern Ireland, and it was an attack aimed at discouraging young people, especially those from the nationalist community, considering a policing career.

It is imperative that we in this House continue to voice our support for the PSNI and for the young women and men from both unionist and nationalist backgrounds who join that service. It is also imperative that we, as a society, adhere to the rule of law and that we support and have confidence in the policing and justice systems. I say that without equivocation in relation to the murder of Stephen Carroll and the convictions of Brendan McConville and John Paul Wootton.

Brendan McConville and his co-accused, John Paul Wootton, were convicted of murder by joint enterprise at their trial in 2012. Their appeal against the convictions failed at the High Court in Belfast in 2014 and the Supreme Court in London later refused them permission to mount a further appeal in 2015. As the Deputies are aware, at this stage the Criminal Cases Review Commission is looking at the case. The Criminal Cases Review Commission is an independent public body which is responsible for reviewing possible miscarriages of justice in England, Wales and Northern Ireland. Darragh Mackin, solicitor for Brendan McConville, spoke about his "real serious concerns as to the safety of the conviction" and that he believes " there are a number of issues that remain effectively unaddressed".

It is entirely appropriate and correct that these men are now pursuing this channel in the present circumstances. As I understand it, the solicitors of Brendan McConville have had significant engagement with the Criminal Cases Review Commission and have provided it with a substantial amount of evidence relating to the case. At this stage in proceedings, it would not be appropriate for me to comment any further. It is important that we respect the legal process and that we allow time for that to conclude.

That is not to say, however, that we should be unquestioning with regard to the judicial system. Officials from my Department who are based in Belfast regularly engage with the Northern Ireland Department of Justice, the Northern Ireland Office, the Northern Ireland Prison Service, the Criminal Justice Inspectorate, and the police and prisoner ombudsmen.

In addition, at the recent British-Irish Intergovernmental Conference, both the Tánaiste and the Minister for Justice and Equality, Deputy Flanagan, engaged with David Lidington and the Secretary of State for Northern Ireland on matters related to security co-operation. In these discussions and engagements, the two Governments are able to discuss matters of mutual interest or concern.

Officials will continue to monitor developments in this particular case. In the absence of a devolved Assembly, it is regrettable that we do not have a locally elected and accountable justice minister with whom we can engage on matters such as this, but we will continue efforts in this regard.

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