Peter McBride Campaign

May I begin by thanking deputies Keaveny and Currie for raising this important issue in the House this evening. I join with them in deploring the recent decision by the British Army Board to reject applications to discharge Guardsmen Fisher and Wright from the British Army and its direction that they be permitted to continue their Army Service.

It is now over eight years since Peter McBride was murdered near his home in the New Lodge area of North Belfast by two soldiers - Guardsmen Fisher and Wright - who where serving wih 1st Battalion, Scots Guards. Peter - who was just 18 years old - was stopped by the soldiers on patrol and, when he ran awaym was pursued through a number of streets before being shot in the back.

The two soliders, James Fisher and Mark Wright, where charged with murder the day after the shooting. Their trial took place in 1994. The trial judge, Lord Justice Kelly, found that Fisher and Wright had both been "evasive and untruthful" in their evidence and that they both lied about material aspects of the case. He did not believe Fisher' s defence that he believed Peter McBride to be carrying a coffee-jar bomb. He also found that the incident was not a panic situation requiring a split-second decision or a split-second action and concluded that the two soldiers had aimed deliberate shots at Peter McBride, who posed no threat to them at all. Both soldiers were convicted of murder in February 1995. On 27 November of that year, their convictions were upheld on appeal by the then Lord Chief Justice, Sir Brian Hutton.

Following strong representations from supporters of the soldiers - including an intensive campaign in parts of the British media - the then Secretary of State, Dr. Mo Mowlam, announced in July 1998 that she would review the soldiers' cases and, following that review, they were released on 2 September 1998

The McBride family campaigned - through the Pat Finucane Centre - for the two guardsmen to receive a dishonourable discharge from the Army. However, on 3 November of that year, an Army Board decided to retain them in the Army because of "exceptional circumstances". The Army Board stated that, in reaching its decision, it had taken account, inter alia, of the following circumstances that the Guardsmen "had shown contrition for their action which they admitted was an error of judgement; that they paid the price for their action with the lengthy prison sentence during which time their behaviour had been exemplary; their continued loyality to the Army and their previously unblemished military records; and finally their wish to continue serving their country".

Following the Board decision, the family continued its campaign to have the soldiers discharged from the British Army. As well having the support of human rights groups and non-governmental organisations such as the Pat Finucane Centre in Derry, the family has the support of elected representatives in this House, in Britain and in Northern Ireland in their campaign. The Taoiseach met the family in December 1998 and reiterated his support for them and his understanding of their concerns. During the meeting, the McBrides stressed that what was important for them was not that the soldiers had been released, but that they had been retained on the British Army.

The Independent Assessor of Military Complaints Procedures, in his 1998 report, included strong criticism of the Army Board decision to reinstate the soldiers and referred to the negative impact such a decision would have on Nationalist confidence in the administration of justice in Northern Ireland.

The McBride family applied for a judicial review of the Army Board decision in February 1999 and in September of that year, Mr. Justice Kerr granted them a judicial review into the decision on the basis that the Army Board could not have found the the Guardsmen' actions were a result of an "error of judgement", if, as the Board claimed, it accepted the findings of the trail judge, Lord Justice Kelly. The British Secretary of State for Defence, Geoffrey Hoon, responded that having considered the outcome of the judicial review in detail and having accepted its conclusion that the Army Board decision was, in one respect, flawed, the Army Board would consider the case completely afresh.

The newly reconstituted Board spent 14 month considering the case, during which the dealy in bringing the case to a conclusion caused increasing concern and distress on the McBirdes. Through the British-Irish Secretariat in Belfast, officials of my Department raised our concern at the delay with the British Government on a number of occasions. On Novmeber 24 last, the family of Peter McBride were informed that Fisher and Wright are to be retained in British Army. On that day, our disappointment and dismay at the decision was conveyed to the British authorities through the Secretariat in Belfast. We also asked what means  of redress are available to the family and await a response.

Understandably, there has been immediate and widespread criticism of the British Army Board decision. Mrs. Jean McBride, Peter' s mother, said that she "was completely devastated by the decision". The Independent Assessor for Military complaintsm Jim McDonald, said that the two Guardsmen were convicted of murder and that in his view, there was no room for murderers in the army. He said that he too was absolutely dismayed by the decision of the Army Board, which sent a very negative message to the people of Northern Ireland and to the McBride family.

I note that in a statement of 24 Novemberm the Secretary of State for Northern Ireland, Peter Mandelson, said that the decision was entirely a matter of the Army Board. He added that he had suggested to the Secretary of State for Defence that "given the circumstances, it would be inappropiate for Fisher and Wright to serve in Northern Ireland". The Secretary of State confirmed that the SOS for Defence has agreed.

I am also aware that on 5 December, the Northern Ireland Assembly debated an SDLP motion condemning the decision to retain the two Guardsmen. The SDLP considered it incredible that the reconstituted Army Board could properly have come once again to the decision to retain two convicted murderers in the Army. Sinn Féin, in supporting the motion, considered that double standards applied in making the decision. Whilst he did not reflect general Unionist views on the issue, the Ulster Unionist Assembly member, Duncan Shipley-Dalton, supported the motion and, as a former member of the Royal Irish Regiment, expressed very grave concern at the retention of the two soliders. During the same debate, the Alliance Party described the decision to retain the two soldiers as wrong, and said the it was "both insensitive and counterproductive, as it could bring the forces of law and order into disrepute". The Northern Irelands Womens' Coalition expressed concerns that, as work continues to build confidence in the Army and other security services, the decision could imply that the Army are above the law and said that "people are right to have high expectations of the security forces".

Officials of my Department have maintained contact with representatives of the McBride family. On the day the Army Board decision was made public, they conveyed to Mrs. McBride my disappointment at the decision to retain the two Guardsmen as well my sympathy for the family. An official of my Department will be meeting Mrs. McBride shortly to discuss the case and to examine how we can further assist the family. I welcome the fact that the family has been granted a judicial review of the Army Board decision in Belfast' s High Court in 19 December, and I commend their determination to see a just outcome to this case.

At a time when we are seeking to build and sustain Nationalist confidence in the new beginning promised in the Good Friday Agreement, I am deeply disturbed by the decision ot retain as serving members of the British Army, two men who have been convicted in a court of law of the murder of Peter McBride. As the Independent Assessor of Military Complaints has said, that the decision sends a negative message to the people of Northern Ireland and to the McBride family. If we are to move forward, as we must, it is vital that the security forces must not only uphold but be seen to uphold the best standards demanded in a democratic society.

I would like to thank Deputies Keaveney and Currie once again, to assure them that I will continue to take a close and personal interest in the case and to commend their motion to the House.