HC 177 - The Administrative Scheme for "On-The-Runs"
The House of Commons' Northern Ireland Affairs Committee says the administrative scheme of "comfort letters" sent to "on-the-runs" (OTRs) should never have taken place in the manner in which it was developed and run, and its existence has distorted the process of justice. The administrative scheme to deal with "on-the-runs" OTRs arose out of what Sinn Fâin saw as an anomaly left over from the Belfast Agreement. After the Agreement was signed, it became apparent that those who had voluntarily exiled themselves from the jurisdiction would not be covered by the terms of the early release scheme and would not be able to return to the UK without the risk of arrest. The administrative scheme devised by the Government allowed those individuals on the run to ask, through lists of names mainly submitted to the Northern Ireland Office and No. 10 Downing Street by Sinn Fâin, the Irish Government, and the NI Prison Service, whether they would be at risk of arrest should they return to the UK. The scheme was not subject to an overarching agreement with all of the political parties involved in the peace process. It is questionable whether the "on-the-runs" (OTR) scheme was lawful or not, but the Committee believe its existence distorted the legal process. The Committee accepts that there was a difficult peace process going on at the time, but believe that there still has to be transparency and accountability in government and in the legal process. The Committee also believe, and as has been accepted by some witnesses, including Tony Blair, former Secretaries of State and the Permanent Secretary in the NIO, that it was badly run and, if it existed at all, should have been formalised within the various agencies involved with clear lines of reporting and accountabilities. This should have included full avenues of dialogue between police forces and other agencies involved to ensure that all steps were taken to send out accurate information at the end of the process and discussed publicly.