Justice Minister Dodges Reporting to Assembly on Police Investigation into Roman Catholic Child Abuse Scandal
11 May 2012
Statementby Jim Allister MLA:
“While I welcome the confirmation that withholding information is a criminal offence applicable to and enforceable in respect of events in 1975, I note the Justice Minister has dodged the issue of reporting to the Assembly as to the extent and nature of any police investigation.
“In respect of any such police investigation it is important that the BBC makes available all relevant material to the police, including the copy notes obtained by them in which Cardinal Brady described his investigative role. I would, therefore, call on the BBC to confirm that they will fully co-operate with any police investigation.
“Having today received a response from ACC Hamilton to my letter of last week, I am also calling for clarification on the contents thereof. ACC Hamilton says under 'Operation Charwell', which is an investigation into alleged institutional abuse, the PSNI will examine the BBC material. What requires clarification is whether 'Operation Charwell' extends only to 'institutional abuse', or whether that will include all 'clerical abuse'. If the PSNI are only investigating what occurred within institutions, then that is insufficient to deal with issues surrounding clerical abuse by, for example, Brendan Smyth, and, thus insufficient to deal with Cardinal Brady's perceived failings.
“I will, therefore, be writing further to the PSNI on these issues.”
Note to editors
Mr Allister’s question and the Justice Minister’s answer are as follows:
To ask the Minister of Justice (i) whether the withholding of information about the commission of a criminal offence remains an offence in Northern Ireland, and was so in 1975; (ii) if he can confirm that there is no time limit prosecution for withholding information; and (iii) whether he will enquire, and report to the Assembly, on any police action taken in regard to the issues surrounding Cardinal Brady, as highlighted in the recent BBC 'This World' programme.
Under Section 5 of the Criminal Law Act (NI) 1967, which came into force on 29th August 1967, the withholding of information, without reasonable excuse, which is likely to secure, or to be of material assistance in securing, the apprehension, prosecution or conviction of any person for an offence attracting a sentence of five years or more is an offence. There is no time limit for a prosecution under section 5 of that Act. Actions that the police may take regarding the issues raised in the recent BBC programme are an operational matter for the Chief Constable, who is accountable to the Policing Board. I would encourage anyone with information about child abuse, past or present, to bring it to the immediate attention of the police.
