OMAGH OUTRAGE AFTER REAL IRA MEMBERSHIP CHARGES DISMISSED
Omagh outrage after Real IRA membership charges dismissed
Government Ministers accused of 'incompetence' as loophole in law emerges
TWO senior Government Ministers have been blamed for the blunder in not proscribing the Real IRA terrorist group, which carried out the Omagh bombing massacre on August 15, 1998.
Lord Chancellor Charles Falconer and Health Secretary Charles Clarke two of Prime Minister Tony Blair's closest Cabinet colleagues - have been accused of "outrageous incompetence".
Last week, a Belfast Crown Court judge dismissed charges of Real IRA membership against three men because of a loophole in the law which meant that the terrorist organisation was not illegal.
Even though the authorities in the Republic and the United States have come down hard on it, the judge said the organisation was not included on a proscribed list.
Although the IRA is contained on a list of outlawed groups, Mr Justice Girvan said that the relevant legislation did not include any organisation called or known as the Real Irish Republican Army.
His decision means anyone attached to the dissident group cannot be convicted of Real IRA membership alone.
Appeal
The Government plans to appeal the judgement, but the charges could be dropped against the three men if the law is not changed before their trial.
The court ruling outraged families of the 29 people and unborn twins murdered in the Omagh blast.
Speaking on the ruling, a stunned Michael Gallagher, whose son, Aidan, was among those killed in the bomb, said: "This is an organisation that's hell bent on creating death and devastation.
"It just leaves you without words that something like this can happen.
"Those people responsible for this ruling must be held to account for what is one of the most serious errors in law. When something of this
magnitude happens people should consider their positions.
"If any organisation should be on that list it should be the Real IRA.
"Personally I don't believe this ruling will affect our case because ours is a civil law case, not criminal law.
Serious questions
"However, this business cannot rest here, there must be serious questions asked about how this can happen. We have just confirmed a meeting with the Secretary of State, Mr Paul Murphy, on June 14 at Stormont Castle, and this issue is something we will be raising. We will be looking
for answers explaining how incompetent this government has been.
"The United States has proscribed this organisation and so has the Republic of Ireland. But yet here where they have carried out the worst single atrocity, the authorities responsible never made sure that they were on the terrorist list."
Secretary of State Paul Murphy and Attorney General Lord Goldsmith gave a pledge on the appeal.
Mr Murphy claimed that, when the law was drawn up, no one warned the Government that a blanket ban on the IRA might not include the Real IRA.
"The term 'IRA' was an umbrella for all of the different groups in the Irish Republican Army," said Mr Murphy.
"It was felt then, it certainly wasn't challenged then, that it covered the Real IRA".
'Disputed'
This, however, is strongly disputed with confirmation that the Government was twice warned that, by omitting the Real IRA from the Terrorism Act 2000, its members would get off. On both occasions, the warnings were dismissed by Government Ministers.
In a Lords debate on the Terrorism Bill in June, 2002, several peers told Lord Falconer, who at that time was a Home Office Minister, that, by failing to spell out that Schedule 2 of the Bill specifically meant that the ban covered the Real IRA, Continuity IRA and the Irish Liberation Army, the Government was making a terrible mistake.
Lord Glentoran, Ulster based Conservative peer, said: "According to my reckoning, the Real IRA is not currently on Schedule 2. There is no room for confusion."
He was supported by Tory chief whip in the Lords and former Northern Ireland Minister Lord John Cope, who said it was essential to refer to the Real IRA by name in the Bill to avoid any doubt that it was illegal.
These warnings were repeatedly dismissed by Lord Falconer, who stated categorically that there was no need to include the Real IRA.
Lord Falconer said: "The question here is what does that rubric cover? It covers the Real IRA, Provisional IRA and the Continuity IRA. The issue is whether they are part of an organisation that properly falls within the rubric of the Irish Republican Army? The answer is they would be".
On the strength of the pledge, Tory peers dropped attempts to include the Real IRA in the Bill.
Six months earlier, Charles Clarke, then Home Office Minister, made a similar pledge to Ulster Unionist, Mr Ken Maginnis.
He said: "I can tell you that the Real IRA is proscribed by the general proscription of the Irish Republican Army in Schedule 2".
Lord Falconer has refused to admit that he got it wrong, while confirming that an appeal had been lodged against the judge's ruling.
'Outrageous'
Conservative spokesman on Northern Ireland, Mr David Lidington, said: "This is outrageous incompetence and complacency. Victims of the
Real IRA, including families of those killed in the Omagh bomb, will be appalled that the Government dismissed our fears, about letting off the
Real IRA, as groundless."
Real IRA chief Liam Campbell was sentenced last week in the Republic to eight years.
Mr Justice Girvan rejected a Crown argument during the trial of the men from Tyrone.
Although acquitted of membership, they are still accused of conspiracy to murder and possession of a rocket launcher in February 2002.
With British authorities facing a huge legal and political headache, the Department of Justice in Dublin pointed out how all alleged republican terrorists tried for offences against the state are classified as members of Oglaigh na hEireann Irish for the IRA.
This all-encompassing term is usually followed by another reference to the appropriate faction.
Irish officials privately conceded that, if the Real IRA renamed itself, they would be plunged into similar difficulties.
Government Ministers accused of 'incompetence' as loophole in law emerges
TWO senior Government Ministers have been blamed for the blunder in not proscribing the Real IRA terrorist group, which carried out the Omagh bombing massacre on August 15, 1998.
Lord Chancellor Charles Falconer and Health Secretary Charles Clarke two of Prime Minister Tony Blair's closest Cabinet colleagues - have been accused of "outrageous incompetence".
Last week, a Belfast Crown Court judge dismissed charges of Real IRA membership against three men because of a loophole in the law which meant that the terrorist organisation was not illegal.
Even though the authorities in the Republic and the United States have come down hard on it, the judge said the organisation was not included on a proscribed list.
Although the IRA is contained on a list of outlawed groups, Mr Justice Girvan said that the relevant legislation did not include any organisation called or known as the Real Irish Republican Army.
His decision means anyone attached to the dissident group cannot be convicted of Real IRA membership alone.
Appeal
The Government plans to appeal the judgement, but the charges could be dropped against the three men if the law is not changed before their trial.
The court ruling outraged families of the 29 people and unborn twins murdered in the Omagh blast.
Speaking on the ruling, a stunned Michael Gallagher, whose son, Aidan, was among those killed in the bomb, said: "This is an organisation that's hell bent on creating death and devastation.
"It just leaves you without words that something like this can happen.
"Those people responsible for this ruling must be held to account for what is one of the most serious errors in law. When something of this
magnitude happens people should consider their positions.
"If any organisation should be on that list it should be the Real IRA.
"Personally I don't believe this ruling will affect our case because ours is a civil law case, not criminal law.
Serious questions
"However, this business cannot rest here, there must be serious questions asked about how this can happen. We have just confirmed a meeting with the Secretary of State, Mr Paul Murphy, on June 14 at Stormont Castle, and this issue is something we will be raising. We will be looking
for answers explaining how incompetent this government has been.
"The United States has proscribed this organisation and so has the Republic of Ireland. But yet here where they have carried out the worst single atrocity, the authorities responsible never made sure that they were on the terrorist list."
Secretary of State Paul Murphy and Attorney General Lord Goldsmith gave a pledge on the appeal.
Mr Murphy claimed that, when the law was drawn up, no one warned the Government that a blanket ban on the IRA might not include the Real IRA.
"The term 'IRA' was an umbrella for all of the different groups in the Irish Republican Army," said Mr Murphy.
"It was felt then, it certainly wasn't challenged then, that it covered the Real IRA".
'Disputed'
This, however, is strongly disputed with confirmation that the Government was twice warned that, by omitting the Real IRA from the Terrorism Act 2000, its members would get off. On both occasions, the warnings were dismissed by Government Ministers.
In a Lords debate on the Terrorism Bill in June, 2002, several peers told Lord Falconer, who at that time was a Home Office Minister, that, by failing to spell out that Schedule 2 of the Bill specifically meant that the ban covered the Real IRA, Continuity IRA and the Irish Liberation Army, the Government was making a terrible mistake.
Lord Glentoran, Ulster based Conservative peer, said: "According to my reckoning, the Real IRA is not currently on Schedule 2. There is no room for confusion."
He was supported by Tory chief whip in the Lords and former Northern Ireland Minister Lord John Cope, who said it was essential to refer to the Real IRA by name in the Bill to avoid any doubt that it was illegal.
These warnings were repeatedly dismissed by Lord Falconer, who stated categorically that there was no need to include the Real IRA.
Lord Falconer said: "The question here is what does that rubric cover? It covers the Real IRA, Provisional IRA and the Continuity IRA. The issue is whether they are part of an organisation that properly falls within the rubric of the Irish Republican Army? The answer is they would be".
On the strength of the pledge, Tory peers dropped attempts to include the Real IRA in the Bill.
Six months earlier, Charles Clarke, then Home Office Minister, made a similar pledge to Ulster Unionist, Mr Ken Maginnis.
He said: "I can tell you that the Real IRA is proscribed by the general proscription of the Irish Republican Army in Schedule 2".
Lord Falconer has refused to admit that he got it wrong, while confirming that an appeal had been lodged against the judge's ruling.
'Outrageous'
Conservative spokesman on Northern Ireland, Mr David Lidington, said: "This is outrageous incompetence and complacency. Victims of the
Real IRA, including families of those killed in the Omagh bomb, will be appalled that the Government dismissed our fears, about letting off the
Real IRA, as groundless."
Real IRA chief Liam Campbell was sentenced last week in the Republic to eight years.
Mr Justice Girvan rejected a Crown argument during the trial of the men from Tyrone.
Although acquitted of membership, they are still accused of conspiracy to murder and possession of a rocket launcher in February 2002.
With British authorities facing a huge legal and political headache, the Department of Justice in Dublin pointed out how all alleged republican terrorists tried for offences against the state are classified as members of Oglaigh na hEireann Irish for the IRA.
This all-encompassing term is usually followed by another reference to the appropriate faction.
Irish officials privately conceded that, if the Real IRA renamed itself, they would be plunged into similar difficulties.
Further Information
Publisher: TYRONE CONSTITUTION
Ref: TC/1699
Published Date: 03-Jun-04
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