MURPHY VOWS TO CHALLENGE LOOPHOLE
Murphy vows to challenge loophole
By Sharon O'Neill
Chief Reporter
A FATHER of one of the Omagh bomb victims last night demanded resignations after it emerged the group behind the worst single atrocity of the Troubles was, in law, not an illegal organisation.
The fall-out to a controversial court ruling which cleared four Co Tyrone men of Real IRA (RIRA) membership continued yesterday, and could result in the British government changing legislation to close a legal loophole.
At Belfast Crown Court earlier this week, Mr Justice Paul Girvan ruled that the dissident group behind the 1998 Omagh bombing, which killed 29 people including a woman pregnant with twins, was not specified in the Terrorism Act as a proscribed organisation.
The judge's decision rules out anyone being convicted solely of RIRA membership.
It also precludes anyone being convicted of membership of the Continuity IRA (CIRA), as the group is also omitted from Schedule 2 of the Terrorism Act.
The British government has voiced concern over the ruling, and the Director of Public Prosecutions (DPP) has forwarded a report to the Attorney General in a bid to appeal the judgment.
Yesterday Secretary of State Paul Murphy said: "What we will do is appeal this and, if necessary we will change the law on it.
"The term IRA I think, both in Ireland and in the UK, was an umbrella term for all the different groupings within the Irish Republican Army.
"And it was felt then, it certainly wasn't challenged then, that that covered the Real IRA and that is why it caused everybody to believe this was the case.
"If this is a loophole we have got to cover up, then we'll deal with it. We'll take it to appeal."
Last night Michael Gallagher, whose son Aidan was killed in the bombing, said: "It is not good enough. We need to have the resignation of the people responsible for this and the families need an immediate meeting with the prime minister.
"This would not have happened in the Republic or America because they put legislation through proscribing the Real IRA, and yet here it seems that this government has been so incompetent in how they handled this.
"They have failed to proscribe the organisation who carried out the worst single atrocity of the Troubles."
DUP Deputy leader Peter Robinson said: "The Secretary of State must act to clear up the mess which has been exposed by the ruling that the Real IRA is not an illegal organisation."
"It is essential that the secretary of state comes to the House of Commons to explain how this situation came about, to explain what went wrong and to take the necessary steps to prevent this situation reoccurring."
SDLP assembly member Alban Maginness, who is a barrister, described the situation as "bizarre".
"It merits immediate clarification and amendment, and I am glad to see that the secretary of state is going to examine the issue as quickly as possible," he said.
"It seems an understatement to call this a mere loophole when the organisation which presents the most coherent threat of terrorism is not proscribed.
"It raises the prospect that, for example, loyalist organisations with ever more threadbare ceasefires might run up new flags of convenience at intervals to avoid the consequences of proscription.
"The legal issues involved have also arisen in the Republic, where a judgment that the Real IRA was proscribed has withstood the rigours of the appeals process.
"There is clearly a general lesson to be learned here that legislation in such a vital area must be coordinated at an all-Ireland level."
Fine Gael justice spokesman Jim O'Keeffe said: "In the case of this jurisdiction, the Real IRA is not a proscribed organisation.
"While I understand that the Special Criminal Court and the Court of Criminal Appeal have ruled that this lack of proscription is not a defence, no ruling on this has been given by the Supreme Court.
I would like to see a clear statement from the government on the implications on this judgment for this jurisdiction."
By Sharon O'Neill
Chief Reporter
A FATHER of one of the Omagh bomb victims last night demanded resignations after it emerged the group behind the worst single atrocity of the Troubles was, in law, not an illegal organisation.
The fall-out to a controversial court ruling which cleared four Co Tyrone men of Real IRA (RIRA) membership continued yesterday, and could result in the British government changing legislation to close a legal loophole.
At Belfast Crown Court earlier this week, Mr Justice Paul Girvan ruled that the dissident group behind the 1998 Omagh bombing, which killed 29 people including a woman pregnant with twins, was not specified in the Terrorism Act as a proscribed organisation.
The judge's decision rules out anyone being convicted solely of RIRA membership.
It also precludes anyone being convicted of membership of the Continuity IRA (CIRA), as the group is also omitted from Schedule 2 of the Terrorism Act.
The British government has voiced concern over the ruling, and the Director of Public Prosecutions (DPP) has forwarded a report to the Attorney General in a bid to appeal the judgment.
Yesterday Secretary of State Paul Murphy said: "What we will do is appeal this and, if necessary we will change the law on it.
"The term IRA I think, both in Ireland and in the UK, was an umbrella term for all the different groupings within the Irish Republican Army.
"And it was felt then, it certainly wasn't challenged then, that that covered the Real IRA and that is why it caused everybody to believe this was the case.
"If this is a loophole we have got to cover up, then we'll deal with it. We'll take it to appeal."
Last night Michael Gallagher, whose son Aidan was killed in the bombing, said: "It is not good enough. We need to have the resignation of the people responsible for this and the families need an immediate meeting with the prime minister.
"This would not have happened in the Republic or America because they put legislation through proscribing the Real IRA, and yet here it seems that this government has been so incompetent in how they handled this.
"They have failed to proscribe the organisation who carried out the worst single atrocity of the Troubles."
DUP Deputy leader Peter Robinson said: "The Secretary of State must act to clear up the mess which has been exposed by the ruling that the Real IRA is not an illegal organisation."
"It is essential that the secretary of state comes to the House of Commons to explain how this situation came about, to explain what went wrong and to take the necessary steps to prevent this situation reoccurring."
SDLP assembly member Alban Maginness, who is a barrister, described the situation as "bizarre".
"It merits immediate clarification and amendment, and I am glad to see that the secretary of state is going to examine the issue as quickly as possible," he said.
"It seems an understatement to call this a mere loophole when the organisation which presents the most coherent threat of terrorism is not proscribed.
"It raises the prospect that, for example, loyalist organisations with ever more threadbare ceasefires might run up new flags of convenience at intervals to avoid the consequences of proscription.
"The legal issues involved have also arisen in the Republic, where a judgment that the Real IRA was proscribed has withstood the rigours of the appeals process.
"There is clearly a general lesson to be learned here that legislation in such a vital area must be coordinated at an all-Ireland level."
Fine Gael justice spokesman Jim O'Keeffe said: "In the case of this jurisdiction, the Real IRA is not a proscribed organisation.
"While I understand that the Special Criminal Court and the Court of Criminal Appeal have ruled that this lack of proscription is not a defence, no ruling on this has been given by the Supreme Court.
I would like to see a clear statement from the government on the implications on this judgment for this jurisdiction."
Further Information
Publisher: THE IRISH NEWS
Ref: IN/0698
Published Date: 28-May-04
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