British Prime Minister Tony Blair is under renewed
pressure to abandon his controversial 'OTR'
legislation amid claims that it will actually
discriminate against members of his own security
forces. The damaging claim, detailed in a legal
opinion for opposition politicians, last night
prompted Conservative Northern Ireland spokesman David
Lidington to call on Mr Blair to "do everyone a favour
and drop this Bill now."
At his press conference yesterday Mr Blair confirmed
his intention to procede with the Northern Ireland
(Sentences) Bill despite the declared opposition of
all the political parties in the North including Sinn
Féin.
However Mr Lidington reflected a growing belief at
Westminster that the prime minister will be forced to
drop the bill, or at least radically amend it, in
light of the legal opinion suggesting that on-the-run
terror suspects are less likely to be found guilty by
the proposed Special Tribunal than are members of the
security forces or others charged with offences
committed prior to the Belfast Agreement.
This opinion, which The Irish Times has seen, cuts
across the SDLP/Sinn Féin debate about the apparent
parity afforded by the bill to 'OTRs' and security
personnel accused of collusion. More crucially, it
threatens to destroy the argument which Northern
Ireland Secretary Peter Hain hoped would defuse
Conservative and Unionist opposition.
The alleged discrimination against members of the
security forces arises from the differing procedures
proposed for dealing with the various categories of
suspects covered by the legislation. The legal opinion
says the Bill "discriminates heavily in favour of OTRs
in comparison with everyone else" because the OTRs
alone would not be subject to arrest and
interrogation. "The crucial significance of this
contrast is that whereas the court or 'Special
Tribunal' can draw inferences adverse to the accused
from silence or answers given in the course of
interview or interrogation, this has no application to
OTRs but does apply to members of the security
forces," according to the opinion: "Therefore, the
machinery is highly discriminatory in that the
possibility of conviction of OTRs is greatly reduced
in comparison with members of the security forces who
are prosecuted."
It continues: "This prohibition of the normal
incidents of a full police investigation will also
have the consequence that the trial of OTRs is likely
to amount to little more than a sham. The Special
Tribunal, administering the rules of the criminal
adjudicative process, will be compelled to acquit many
more of the OTRs than would otherwise be the case - a
result even better than a pardon. Members of the
security forces, on the other hand, remain just as
liable to conviction and will bear the stigma of it
subject only to the ameliorating effects of other
provisions proposed in the Bill."
Mr Lidington maintained it was "odious" for the Bill
to accept "the moral equivalence" of terrorists and
the security forces. However, he said: "It's now clear
the terrorists are getting a better deal. On its own
logic the government must amend the Bill to give
members of the security forces the same leniency or,
alternatively, to subject OTRs to the same law and
procedures as everyone else."
An OTR is entitled to a certificate of eligibility to
have his case processed under the scheme if he applies
and certain conditions are met. Once he obtains his
certificate he cannot be arrested or detained, nor can
any search be made of his property or belongings, nor
may fingerprints or samples be taken in relation to
any offence covered by his certificate. Furthermore,
"no power to obtain information in relation to
criminal proceedings is exercisable in connection
with" any such offence.
By contrast, a member of the security forces would
only receive his certificate once charged. Up until
that point he remains subject to arrest and detention,
the police power of entry and search can be excercised
in relation to him, and he can be required to provide
fingerprints and samples in accordance with the normal
procedures which take place before a suspect is
charged with an offence.
Mr Lidington said: "It beggars belief that Tony Blair
should treat terrorists better than soldiers or police
officers. Nobody wants this Bill apart from the
government."
