Ford: New legislation 'remains a perversion'

The British government’s Northern Ireland (Offences) Bill will remain a perverse piece of legislation if ministers fail to link it to the return of individuals exiled by paramilitaries, it was claimed today.

As speculation mounted that the British government is preparing to amend the controversial bill in a bid to avoid an embarrassing defeat in the House of Lords, the leader of the cross-community Alliance Party, David Ford, claimed the legislation would still be flawed if it did not enable people forced out of republican and loyalist neighbourhoods to return home safely.

The South Antrim Assembly member said: “One of the central reasons for our opposition to the legislation has been that the beneficiaries would not have to face the court in person.

“If the government is considering addressing this issue, then that is a small step in the right direction.

“However, the legislation remains a perversion. The government continues to place the fortunes of those guilty of appalling terrorist atrocities ahead of those of innocent people exiled from Northern Ireland by paramilitaries.

“This morally bankrupt process is causing a dangerous vacuum.

“My party did not take risks to support the agreement for the terrorist to be placed before the victim.

"If the democrat and the victim are not central to the political process, there can be no process.”

The Conservatives, Liberal Democrats, Democratic Unionists, SDLP, Ulster Unionists, victims groups and human rights organisations have all been fiercely critical of the legislation, which is currently going through its committee stage in the House of Commons.

Under the British government’s plan, people suspected of offences before the 1998 Good Friday Agreement can apply for a special licence that will ensure they will not be arrested or sent to jail in the North.

They must apply to a certification commissioner, who will ask the police if the individual is suspected of a crime during the Troubles.

If they are, applicants will be issued with a certificate listing the offence they are suspected of and guaranteeing they will not be arrested if they set foot in the North.

The certificate will also set in train a special tribunal, with its own judge and legal team, which will hold public hearings to consider whether the applicant is guilty or innocent.

However, there is currently no obligation on the suspect to appear at the tribunal.

If the suspect is found guilty, he or she will be issued with a licence similar to that given to prisoners released early from jail under the Good Friday Agreement, which will guarantee they will not have to serve time behind bars unless they become involved again in terrorist activity.

A bitter war of words has erupted between nationalists over the legislation, with the SDLP accusing Sinn Féin of negotiating a scheme that would not just allow on-the-run IRA members to return to the North but also enable members of the security forces who colluded in loyalist murders during the Troubles to avoid jail.

Sinn Féin has insisted it never approved or discussed the inclusion of rogue Royal Ulster Constabulary or British Army members in the scheme with the Irish and British governments.

DUP deputy leader Peter Robinson yesterday claimed the British government, in the face of strong opposition, was preparing to change the legislation.

After being asked by Northern Ireland Office minister David Hanson to withdraw an amendment that would force suspects to appear at the tribunal, the East Belfast MP said they were thinking again about the issue.

“This is the first chink of light,” Mr Robinson claimed.

“However, even if it were changed, unionists would not find the bill acceptable. It would merely be less unacceptable.”