IRA recordings on McConville death ‘may bring about Adams’ downfall’

IRA recordings on McConville death ‘may bring about Adams’ downfall’
LOUISE HOGAN AND FIONNAN SHEAHAN
Irish Independent
02 MAY 2013

THE PSNI has begun making plans to take possession of the controversial Boston College interviews with former IRA members after a US Supreme Court ruling.

The Government is understood to be concerned that the release of the tapes could destabilise the peace process in the North and the power-sharing government.

The tapes of interviews with former provos are believed to implicate Sinn Fein president Gerry Adams in the murder of Belfast mother-of-10 Jean McConville.

The pressure is mounting on Mr Adams, after one of the interviewers at the centre of the North’s Troubles project, predicted it could bring about the politician’s downfall.

A spokeswoman for the PSNI said: “We are making plans to take possession of the material and proceed with our inquiry.”

The discussions with republican and loyalist paramilitaries formed part of an oral history of the Troubles.

Ex-IRA member Dolours Price, now dead, was one of the interviewees, and it is claimed she discussed the disappearance of Ms McConville.

Authorities investigating Ms McConville’s disappearance had called for the US government to subpoena the documents, invoking a treaty between Britain and the USA. The Department of Foreign Affairs and the Irish Embassy are monitoring the matter.

But a government source said the Coalition was worried about what way the tapes would be made public.

“We’d have a concern about what might happen when they are released,” a source said.

Critic

Former IRA prisoner Anthony McIntyre and journalist Ed Moloney, who compiled the interviews, had appealed to halt the release of the interviews with the late Ms Price to the PSNI.

But their appeal was rejected when the US Supreme Court declined to hear it.

It is believed Ms Price, who died in January and had been a vocal critic of Sinn Fein for accepting the Good Friday Agreement, may have implicated Mr Adams in the McConville killing.

Mr Adams has continuously denied membership of the IRA and any involvement in the mother’s abduction and killing.

The Sinn Fein president has insisted both former IRA member Brendan Hughes and the late Ms Price “were telling lies” when they claimed he was responsible for Mrs McConville’s disappearance.

In a heated interview with Miriam O’Callaghan on RTE’s ‘Prime Time’, Mr Adams insisted they were both people who had gone on in their lives to become “opponents”, felt he had “sold out” and allied themselves with “various so-called dissident groups”.

Mr Adams became visibly rattled as he denied there were any murders that he should bear responsibility for during the Troubles.

Boston College spokesman Jack Dunn said the agreement with the Belfast project was that the tapes would be kept confidential to the extent American law would allow until the death of the participants.

“Dolours Price’s death makes the issue moot,” he said.

Mr Dunn said the release of the tapes was now a matter for the US Department of Justice.

However, Boston College is still awaiting a ruling from the US First Circuit Court of Appeals on its appeal in relation to some of the other tapes.

Mr Moloney said that the contents of some of the interviews could bring about the downfall of Mr Adams.

“With Gerry Adams will also fall the peace process,” he stated.

Micheál Martin Questions Taoiseach Enda Kenny on Boston College Archives Case (March, 2013)

Dáil Debates Tuesday, 12 March 2013
Ceisteanna – Questions (Resumed)
International Relations

Watch Video of Dáil Debates 12 March 2013

Excerpts relating to Boston College archives:

Micheál Martin (Leader of the Opposition; Cork South Central, Fianna Fail): To ask the Taoiseach if he discussed the Boston papers with Secretary of State Clinton when they met recently; and if he will make a statement on the matter. [55443/12]

Enda Kenny (Taoiseach, Department of An Taoiseach; Mayo, Fine Gael): [...] I met the US Secretary of State, Ms Hillary Clinton, on 6 December 2012 when she was in Dublin to attend the OSCE ministerial conference. [...]

We [also] discussed recent developments in Northern Ireland. I welcomed her planned visit to Belfast the following day and thanked her for her swift condemnation of the murder of the Northern Ireland prison officer David Black in November. I expressed the Government’s appreciation for her unwavering support for the process of building peace and reconciliation in Northern Ireland. We agreed that while we have seen significant progress in recent years, we could not allow complacency to take hold. We did not specifically discuss the cases of Marian Price, Pat Finucane or the Boston papers. I reiterated that international support has played a key role in what has been achieved so far in Northern Ireland and emphasised that we greatly value the sustained and continuing US interest in both parts of the island. For her part, she reiterated her strong support for the peace process and said that she was very much looking forward to her visit to Belfast.

Micheál Martin (Leader of the Opposition; Cork South Central, Fianna Fail): [...] I am surprised the issue of the papers from the Boston College project was not raised. Those who conducted the interviews with those involved in violence in Northern Ireland over the past 30-odd years – I recommend the excellent documentary Voices from the Grave which documents the background to many of the atrocities and killings carried out – are fearful for their own lives because of the decision by the British authorities to seek the papers to help them in the pursuit of those involved in various cases, in particular the case of the murder of Jean McConville. This is a project that has shed light on many of the atrocities that occurred, but more is required. I am surprised the Taoiseach did not raise this issue and seek the American perspective on it. What is his own perspective on it and on the content of the Boston College papers and the degree to which that project can shed further light on many of the appalling things that happened over the past 30 years?

Enda Kenny (Taoiseach, Department of An Taoiseach; Mayo, Fine Gael): [...] Deputy Martin also referred to the Boston College papers. I hope to have an opportunity during my visit to the United States to cover a wide range of issues, including developments in Northern Ireland. We keep a watching brief on the Boston College research. The college has a long history of academic engagement in the field of Irish studies. It has played an important part in the recording of the history of Northern Ireland and the peace process. That will obviously be of value to historians, those who study conflict resolution and people in general. As Deputy Martin knows, the British Government on behalf of the PSNI initiated proceedings with the US Department of Justice under the mutual legal assistance treaty between the UK and the US to seek the release of archive records and interviews held in Boston College. The records, which were deposited in the Burns Library of Boston College, are part of the Belfast project, which is an oral history of republican and loyalist paramilitaries and paramilitary activities. Some of those whose testimonies are included in the project have since died, including Dolours Price, who passed away in recent months.

This entire issue is subject to legal proceedings. Legal challenges were launched by Boston College and separately by the researchers to prevent the release of the material. In December 2011, the US District Court dismissed those challenges. Further legal efforts were made on appeal, but the US Federal Court of Appeal turned them down on 6 July 2012. The court ruling means, in effect, that the archive material must be handed over by Boston College to the US authorities to be sent on to their British counterparts. I understand the lead project researchers are considering a motion for rehearing of the case. They are continuing to keep their legal options open in the Belfast courts. I assure Deputy Martin that the Irish Embassy in Washington and the Department of Foreign Affairs will continue to monitor the matter closely.


Full text of debate:
Dáil Debates Tuesday, 12 March 2013
Ceisteanna – Questions (Resumed)
International Relations

  1. Deputy Micheál Martin asked the Taoiseach his plans to meet with Secretary of State Clinton when she visits; and if he will make a statement on the matter. [55221/12]
  2. Deputy Micheál Martin asked the Taoiseach if he discussed the developments in the Israel/Gaza region with Secretary of State Clinton when they met; and if he will make a statement on the matter. [55440/12]
  3. Deputy Micheál Martin asked the Taoiseach if he discussed the developments in Syria with Secretary of State Clinton at their recent meeting; and if he will make a statement on the matter. [55441/12]
  4. Deputy Micheál Martin asked the Taoiseach if he discussed the possibility of a statutory inquiry into the Finucane murder with Secretary of State Clinton; and if he will make a statement on the matter. [55442/12]
  5. Deputy Micheál Martin asked the Taoiseach if he discussed the Boston papers with Secretary of State Clinton when they met recently; and if he will make a statement on the matter. [55443/12]
  6. Deputy Micheál Martin asked the Taoiseach if he met the Secretary of State Clinton when she was in Dublin; and if he will make a statement on the matter. [55545/12]
  7. Deputy Gerry Adams asked theTaoiseach if he met with US Secretary of State Hillary Clinton on her recent visit here. [56531/12]
  8. Deputy Micheál Martin asked the Taoiseach if he has written to Secretary of State Clinton prior to her departure from her present post; and if he will make a statement on the matter. [2313/13]
  9. Deputy Gerry Adams asked the Taoiseach if he raised the issue of the need for an inquiry into the murder of human rights solicitor Pat Finucane during his meeting with US Secretary of State Hillary Clinton at Government Buildings on the 6 December. [2335/13]
  10. Deputy Gerry Adams asked the Taoiseach if he raised the issue of the Israeli – Palestinian conflict during his meeting with US Secretary of State Hillary Clinton at Government Buildings on the 6 December. [2336/13]
  11. Deputy Joe Higgins asked the Taoiseach if he met Secretary of State Hillary Clinton on her recent visit to Dublin; and if he will make a statement on the matter. [2339/13]
  12. Deputy Micheál Martin asked the Taoiseach if he has had bilateral meetings planned for his visit to Washington, USA, in respect of St Patrick’s Day celebrations; and if he will make a statement on the matter. [6831/13]
  13. Deputy Micheál Martin asked the Taoiseach if his meeting with President Obama in March has been confirmed; and if he will make a statement on the matter. [9704/13]
  14. Deputy Joe Higgins asked the Taoiseach if he will visit the United States in March; and if so, his agenda for the visit. [12512/13]
  15. Deputy Richard Boyd Barrett asked the Taoiseach the issues he discussed with Secretary of State Hillary Clinton at their recent meeting; and if he will make a statement on the matter. [12837/13]
  16. Deputy Richard Boyd Barrett asked the Taoiseach if he discussed the issue of Marian Price’s internment at his recent meeting with US Secretary of State Hillary Clinton; and if he will make a statement on the matter. [12838/13]
  17. Deputy Richard Boyd Barrett asked the Taoiseach if he discussed the humanitarian crisis in Gaza at his recent meeting with US Secretary of State Hillary Clinton; and if he will make a statement on the matter. [12839/13]

The Taoiseach: I propose to take Questions Nos. 1 to 17, inclusive, together.

I met the US Secretary of State, Ms Hillary Clinton, on 6 December 2012 when she was in Dublin to attend the OSCE ministerial conference. It was a great pleasure for me to welcome the Secretary of State back to Dublin. I took the opportunity to thank her in person, on behalf of the Irish people, for her long-standing commitment to and friendship with this country. Since I met her in Dublin, Mrs. Clinton has stepped down from her role as Secretary of State. I have written to her on behalf of the Irish Government to formally thank her for her sustained and invaluable contribution to the process of building peace and reconciliation on the island of Ireland, convey the abiding regard that the Irish people hold for her and wish her well in whatever her future holds.

When we met in December, we had very useful and wide-ranging discussions. I updated her on the measures being undertaken by the Government to lead Ireland’s economy to a sustainable recovery. As our meeting took place on the day after the budget, it was a good opportunity to discuss the Government’s emphasis on jobs and growth. I also discussed the importance of Ireland’s bilateral economic relationship with the US. I reiterated that stronger trade and investment ties are a major strategic goal of our transatlantic alliance. I highlighted the welcome conclusion of an agreement between Ireland and the US on the foreign account tax compliance Act, FATCA. The FATCA agreement is important in demonstrating Ireland’s commitment to tax co-operation and international exchange of tax information. Mrs. Clinton commented specifically on the recent progress that has been made under the US-Ireland research and development partnership. I agreed this was a worthwhile programme and expressed my support for its future development.

We discussed the ongoing challenges facing the global economy and, in particular, the need for the EU to continue to work to resolve its economic and financial difficulties. I also briefed her on our plans and priorities for our Presidency of the Council of the European Union, including our hope to make real progress in advancing an EU-US free trade agreement. She expressed hope that significant progress would be made towards the free trade agreement during the Irish Presidency, as this would be a very important and positive development for the international economy. There has been significant progress in recent weeks on this agenda and we can now look forward to what I hope will be focused and successful negotiations on a comprehensive transatlantic trade and investment partnership. I look forward to Ireland’s playing a key role in instigating negotiations in the context of our Presidency.

The Secretary of State and I discussed our countries’ respective election to the United Nations Human Rights Council. We reaffirmed our ongoing commitment to working together on a range of issues in the international arena, including global hunger, and further deepening and strengthening the US-Ireland relationship.

We also discussed recent developments in Northern Ireland. I welcomed her planned visit to Belfast the following day and thanked her for her swift condemnation of the murder of the Northern Ireland prison officer David Black in November. I expressed the Government’s appreciation for her unwavering support for the process of building peace and reconciliation in Northern Ireland. We agreed that while we have seen significant progress in recent years, we could not allow complacency to take hold. We did not specifically discuss the cases of Marian Price, Pat Finucane or the Boston papers. I reiterated that international support has played a key role in what has been achieved so far in Northern Ireland and emphasised that we greatly value the sustained and continuing US interest in both parts of the island. For her part, she reiterated her strong support for the peace process and said that she was very much looking forward to her visit to Belfast.

I also referred to the positive developments in the Ireland-UK relationship represented by the joint statement signed by myself and the UK Prime Minister, Mr. David Cameron, last March, and the very positive announcement by the Prime Minister that the G8 meeting in June would be held in County Fermanagh. At our bilateral meeting in London yesterday, the Prime Minister and I agreed that we would use our respective roles in the Presidency and the G8 chairmanship to press for the launch of negotiations on an EU-US free trade agreement this June.

I commended the Secretary of State on her efforts to end the violence in Syria and the conflict in Gaza. I also expressed solidarity with the victims of Hurricane Sandy and referred to the letters of support I had sent to the US on behalf of the Irish people. I expect to meet families from some of the areas affected next week. Finally, I thanked her for her extraordinary contribution to the peoples of this island and extended my best wishes to her for the future, in whatever path she chooses.

Later this week I will have the privilege of travelling to the United States for the annual St. Patrick’s Day visit. This year, my visit will run from Friday, 15 March to Friday, 22 March. Relations between Ireland and the United States are based on a deep and long-standing bond of friendship between our two countries, but they are also based on deeply-rooted economic, social and cultural ties. Strengthening these ties is a key priority for the Government and we will continue to work on ensuring that Ireland’s relations with the US remain vibrant. My upcoming visit to the US presents another opportunity to further strengthen these relations. My programme includes events in Washington DC, New York, Los Angeles, San Francisco, Silicon Valley and Seattle.

While in Washington I will meet with President Obama in the White House and also attend the traditional Speaker’s lunch on Capitol Hill. My programme also includes a breakfast meeting with Vice President Biden as well as a number of meetings with political and business leaders and the Irish-American community. However, the Vice President may be in attendance in Rome if the conclave has elected a pope and the installation mass is on 19 March, the day scheduled for our proposed meeting. In New York I will meet with Mayor Bloomberg and visit the Rockaways area in Queens which was ravaged by Hurricane Sandy in October 2012.

My west coast engagements will include a series of meetings with US companies as well as indigenous Irish companies operating in the US. My main focus throughout the trip will be to highlight the very significant progress made towards Ireland’s economic recovery and to emphasise Ireland’s strengths as a location for foreign direct investment and overseas visitors and to promote Irish companies as a source of high quality products and services. I will also use my visit to highlight the importance of an EU-US transatlantic trade and investment partnership and to advance our efforts to see formal negotiations launched during the Irish Presidency of the EU.

I also anticipate that recent events in Northern Ireland will feature in my discussions. I hope to meet the First Minister and Deputy First Minister in Washington DC. Both Prime Minister Cameron and I agreed yesterday on the centrality of the values and principles of the Good Friday Agreement and the importance of the institutions that it created. We intend to continue working with the US Administration to consolidate and build on the progress that has been made in Northern Ireland over many years.

Deputy Micheál Martin: Nine of the 17 questions in this grouping are in my name.

An Ceann Comhairle: I am very conscious of that.

Deputy Micheál Martin: We must reform how we are doing our work here because most of these questions relate to the visit of Secretary of State Clinton and were asked over three months ago. What are the Taoiseach’s plans to meet with Secretary of State Clinton while in the US? One of the reasons we are only getting to these questions is that the Taoiseach decided to halve the time for questions to the Taoiseach when he came into office. In the previous Dáil, these questions were taken on both Tuesday and Wednesday.

An Ceann Comhairle: That is a matter that can be dealt with between the Whips. This is Question Time.

Deputy Micheál Martin: With respect, it is a matter of Government diktat, not a matter for the Whips, because the Government dictates what happens in the House. It is a crazy situation that we are now only answering questions three months after they were asked. This is unsatisfactory.

I echo what the Taoiseach said and pay tribute to Secretary of State Clinton for her wonderful work during the past four years as Secretary of State. She was significant in terms of the US role as a partner in the multilateral search for peace between states and her work, particularly for human rights and equality, will stand the test of time. I had the privilege of working with her in my capacity as Minister for Foreign Affairs. She was an unstinting friend of Ireland and continues to be so.

On the question of the Israeli-Palestinian conflict, the situation now is probably at its worst level since the Oslo Accords. For millions of people the situation is fast becoming hopeless. In terms of raising this issue with Secretary of State Clinton, was the Taoiseach in a position to brief her on the European response to the issue? Israel acts with impunity in terms of continued settlements and ignores international agreements and the consensus at the United Nations. The US has a cental role to play in the region. Indeed, President Obama was publicly rebuffed in his first peace effort via George Mitchell. In the Taoiseach’s discussion with the Secretary of State, was there any sense of a potential breakthrough in the crisis or any sense of a breakthrough in terms of the policy with regard to the blockade or the issue of the acceleration of settlements whose purpose seem to be to deny and make unviable a two-state solution? I would appreciate hearing the Taoiseach’s view and perspective on that with regard to the talks he had with her.

I am surprised the issue of the papers from the Boston College project was not raised. Those who conducted the interviews with those involved in violence in Northern Ireland over the past 30-odd years – I recommend the excellent documentary Voices from the Grave which documents the background to many of the atrocities and killings carried out – are fearful for their own lives because of the decision by the British authorities to seek the papers to help them in the pursuit of those involved in various cases, in particular the case of the murder of Jean McConville. This is a project that has shed light on many of the atrocities that occurred, but more is required. I am surprised the Taoiseach did not raise this issue and seek the American perspective on it. What is his own perspective on it and on the content of the Boston College papers and the degree to which that project can shed further light on many of the appalling things that happened over the past 30 years?

Did the Taoiseach raise the issue of the Finucane case with Secretary of State Clinton and did he endeavour to enlist her support for a statutory inquiry into the Finucane murder? This is part of an international and solemn agreement between Ireland and Great Britain, but Britain is resiling from that agreement in an unacceptable way and in violation of the agreement. Did the Taoiseach enlist the support of the Secretary of State in bringing pressure to bear on the British Government to relent in this case and to fulfil the agreement it signed up to in good faith with the Irish Government?

My final question relates to the Taoiseach’s forthcoming meetings with President Obama. The International Monetary Fund is undertaking some significant reforms, but America has held up those reforms despite the fact it initiated them originally. Congress is holding them up. We asked previously whether the Taoiseach could shed some light on the role that Secretary of the Treasury Geithner played in insisting at an IMF meeting that no bondholders would be burned, particularly with regard to the Irish context. We know the ECB position on that. It has been consistent from the beginning that no bondholder would be burned. However, it is alleged that the intervention of the Secretary of the Treasury, Timothy Geithner, was crucial in ensuring that position held. We have never got a satisfactory response on this. Will the Taoiseach commit to asking President Obama whether that was the case?

The Taoiseach: With regard to the questions raised in the House, it is perfectly in order for any Deputy to ask on the Order of Business, arising from legislation, whether it is intended to meet a Secretary of State about immigration legislation into the States or wherever else. I am not responsible for the number of questions put down here. In previous times, many questions were lumped together. Everything to do with Europe, the United States and anywhere else around the world, up to 50 questions, could have been put together. However, I have tried, following representations made by Deputies to split the questions into groups. These questions are about the United States and about the Secretary of State and her visit here. If the questions are three months out of date, perhaps we should give a briefer response. However, if these questions have been asked, it is legitimate for us to respond to those put by each Deputy.

As I said a couple of weeks ago, we need to look at further reforms of the way we go about our business in here and consider the amount of time we devote to legitimate questions from Deputies and issues they might want to raise, vociferously or otherwise.

Deputy Richard Boyd Barrett: Who could the Taoiseach be talking about?

The Taoiseach: The Tánaiste is monitoring the question of Gaza very closely. It is a welcome reprieve that with one exception, there has not been any rocket fire into Israel from Gaza in the past month. I suppose the calm that is there for the moment is an advance. Some of the measures enacted by Israel to relax aspects of the blockade after last November’s ceasefire are to be welcomed. They need to go much further and much faster, especially in light of the absence of any rocket fire. There may well be a rare opportunity to convert this pause into a durable cessation of violence in both directions. I think that would be of interest to everybody. I join the Tánaiste in encouraging both sides, and anybody else who can influence the situation, to work to this end. The people of Gaza and southern Israel, some of whom I have met, deserve to live in a normal situation.

The Government has made it very clear that the blockade of Gaza, as currently enforced, has no justification and must be ended. While Israel is quite entitled to defend itself and to block the supply of military materials to Gaza, the measures enforced since 2006 have gone much further than anything that could be justified strictly on the basis of security need. We have consistently drawn the international attention of others to this matter. We have supported the EU in its repeated calls for the full opening of crossing points into Gaza to allow for the normal movement of goods and people. There have been some relaxations of the blockade in recent years, most notably in November following the ceasefire. Clearly, this needs to be accelerated. In the meantime, Ireland has maintained its provision of substantial humanitarian assistance to the people of Gaza through the UNRWA and other agencies. As I have said, the Tánaiste is keeping a close eye on this issue.

I do not have any further information on the allegation about former US Treasury Secretary, Timothy Geithner. I have not raised it with Christine Lagarde, whom I met last week. There are much more immediate challenges and obstacles to be dealt with. I do not know whether any further information about the allegation, which we have discussed in this House on a number of occasions, has become available.

As the Deputy knows, a motion on the Pat Finucane case was unanimously agreed without dissent in this House. I have disagreed publicly with the British Prime Minister about the fact that both Governments committed at Weston Park to follow through on the recommendations made by Judge Cory. We stand by that. I will raise this with the US authorities when I meet them next week.

Deputy Martin also referred to the Boston College papers. I hope to have an opportunity during my visit to the United States to cover a wide range of issues, including developments in Northern Ireland. We keep a watching brief on the Boston College research. The college has a long history of academic engagement in the field of Irish studies. It has played an important part in the recording of the history of Northern Ireland and the peace process. That will obviously be of value to historians, those who study conflict resolution and people in general. As Deputy Martin knows, the British Government on behalf of the PSNI initiated proceedings with the US Department of Justice under the mutual legal assistance treaty between the UK and the US to seek the release of archive records and interviews held in Boston College. The records, which were deposited in the Burns Library of Boston College, are part of the Belfast project, which is an oral history of republican and loyalist paramilitaries and paramilitary activities. Some of those whose testimonies are included in the project have since died, including Dolours Price, who passed away in recent months.

This entire issue is subject to legal proceedings. Legal challenges were launched by Boston College and separately by the researchers to prevent the release of the material. In December 2011, the US District Court dismissed those challenges. Further legal efforts were made on appeal, but the US Federal Court of Appeal turned them down on 6 July 2012. The court ruling means, in effect, that the archive material must be handed over by Boston College to the US authorities to be sent on to their British counterparts. I understand the lead project researchers are considering a motion for rehearing of the case. They are continuing to keep their legal options open in the Belfast courts. I assure Deputy Martin that the Irish Embassy in Washington and the Department of Foreign Affairs will continue to monitor the matter closely.

Dáil Questions, Boston College Archives – Martin to Gilmore

Fianna Fáil Leader Micheál Martin questions Tánaiste and Minister for Foreign Affairs Eamon Gilmore about the Boston College archives case 

Addressed to the Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore) by the Leader of the Opposition, Micheál Martin for WRITTEN on Tuesday, 19th February, 2013.

Boston College Archives
Written Answers on 19 Feb 2013

Question 224. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade if he has received any representations in relation to the Boston College papers; and if he will make a statement on the matter.

Tánaiste and Minister for Foreign Affairs and Trade (Deputy Eamon Gilmore): Boston College has a long history of positive support for, and engagement in, the field of Irish Studies. It has played an important role in recording the history of Northern Ireland and the peace process which will be of ongoing value to historians and the study of conflict resolution. In March 2011 the British Government, acting on behalf of the Police Service of Northern Ireland, initiated proceedings with the US Department of Justice under the Mutual Legal Assistance Treaty between the two countries for the release of archived interviews held in Boston College. The archives are part of the Belfast Project, an oral history of Republican and Loyalist paramilitaries compiled by Mr McIntyre and Mr Moloney and deposited in the Burns Library at the College . Some of those whose testimony is included in the project have since died, including Dolores Price who passed away in recent months.

Legal challenges were launched by Boston College, and separately by Mr MacIntyre and Mr Moloney, to prevent the release of the material. In December 2011, these challenges were dismissed by US District Court Judge William Young. Further legal efforts by Mr MacIntyre and Mr Moloney were made but on 6 July, the US Federal Court of Appeal turned down their appeal.

The court ruling means that the archived material must be handed over by Boston College to the US authorities for onward transmission to their British counterparts. However Mr Moloney and Mr McIntyre are considering a motion for a re-hearing of the case. They also continue to keep their legal options open in the Belfast Courts.

Officials of my Department will continue to closely monitor any further developments.


Previously in the Dáil:


McConville family call for arrest of SF leader Adams

McConville family call for arrest of SF leader Adams
By Tim McKenzie
Irish Independent
Thursday September 13 2012

GARDAI will have to arrest Gerry Adams if secret IRA tapes held in the US are handed over to the authorities in the North, the family of murdered Jean McConville has claimed.

Relatives of the mother of 10 have said the onus will eventually be on gardai to question the Sinn Fein president over her kidnapping, disappearance and murder back in 1972.

Ex-IRA members including the late Brendan ‘Darkie’ Hughes have claimed Mr Adams gave the order for Ms McConville to be “disappeared” after being murdered. She was branded an informer, a claim which has been disputed by her family for four decades

The US Supreme Court is to rule this autumn on whether tape recordings of IRA activists held by Boston College can be handed over to the Police Service of Northern Ireland.

The PSNI wants to obtain recorded material in the college’s archive that relates to Ms McConville’s murder.

The PSNI is now only one step away from seizing the tapes that could prove highly damaging to Mr Adams’s claim that he was never a member or active inside the IRA.

Journalists and academics who set up the archive known as the “Belfast Project” have campaigned on both sides of the Atlantic to prevent the tapes being seized.

The daughter and son-in-law of the murdered widow believe the buck will ultimately stop with the gardai if the PSNI wins the legal battle.

They point out that her remains were found on Templetown beach in Mr Adams’s Louth constituency, and that all the evidence shows she was murdered in the jurisdiction.

Disappearance

Seamus McKendry wrote a book on his mother-in-law’s disappearance and the search for her remains.

He said the family has also been told by security sources that the fatal shots were fired into Ms McConville’s body in Louth once she had been smuggled across the border from Belfast.

“I sat through every single day of Jean’s inquest and it was quite clear to me that the murder weapon was fired in and around that area.

“The forensic evidence from the inquest points to that. The crime was committed in the Republic of Ireland so the onus is on the gardai to conduct the inquiry and that means it is they who will have to arrest and question Adams about what he knew relating to Jean’s disappearance.

“I accept that this will be politically explosive but justice must be seen to be done. It doesn’t matter if he is a member of the Dail or not.

“Eventually, if the United States holds firm and gives those tapes to the PSNI, the gardai will have to come on board.”

Mr McKendry and his wife Helen, who was 14 when her mother was dragged away from the family home in front of her screaming, terrified siblings, called on the US authorities to resist demands that the tapes remain in Boston.

“These tapes contain important information about what happened to Jean so there is a duty to hand them over,” the couple said.

Louth TD and Sinn Fein chief Mr Adams has repeatedly denied claims by his former friend and fellow Long Kesh prisoner Brendan Hughes that he ordered Jean McConville’s murder.

Last week, the North’s Deputy First Minister Martin McGuinness claimed in the US that the Boston College tapes could be used to destabilise progress in Northern Ireland.

US ruling might affect peace process, Costello says

US ruling might affect peace process, Costello says
MARIE O’HALLORAN
The Irish Times
Wednesday, July 11, 2012

THE DECISION by a US appeal court that interview transcripts with former republican paramilitaries must be released to the PSNI could have an effect on the peace process, the Dáil has heard.

Minister of State for Foreign Affairs Joe Costello said the decision on the transcripts, which are part of a Northern Ireland oral history project undertaken at Boston College, “undoubtedly has the potential to make an impact”, but in the Government’s view “the peace process is sufficiently firmly bedded down to enable it to withstand whatever pressures may emerge from time to time”.

Speaking for Tánaiste Eamon Gilmore, the Minister noted that the journalists who interviewed republican and loyalist paramilitaries for the project had argued that the “British government had made a solemn promise that it would not reopen issues addressed in the Belfast Agreement or impede any further efforts to resolve the conflict in Northern Ireland”.

The oral history project, a series of interviews with former loyalist and republican paramilitaries, is lodged in the Burns library of Boston College. An initial subpoena from the British government to the US, issued under a legal assistance treaty, sought transcripts of interviews with former IRA members Dolours Price and Brendan Hughes.

A second subpoena sought all interviews and any information related to the abduction and murder in 1972 of Jean McConville, whose death is under investigation by the PSNI.

Journalists Anthony McIntyre and Ed Moloney are considering a motion for the rehearing of the case about the release of the collection of archived interviews.

Mr Costello said, however, that while the Government was monitoring the situation, “the case is a matter that the courts in the US have spoken on and may do so again, as may the courts in Northern Ireland”.

The Minister was responding to Fianna Fáil leader Micheál Martin, who was “anxious to ascertain the Government’s position on this”. Mr Martin said the case showed a “clear decision of the courts in the United States that academic confidentiality does not trump criminal investigations”. He added that the history project’s authors “now feel their lives are at risk because of the court’s decision, which comprises a serious issue in its own right”.

He asked the implications of the judgment for the decommissioning body of John de Chastelain. Mr Costello said none of the material in Boston on that issue “can be accessed until 2041”.

In the Dáil: Topical Issue Debate – Boston College Belfast Project Papers

Dáil Debates

Topical Issue Debate – Boston College Belfast Project Papers
Tuesday, 10 July 2012
Dáil Éireann Debate
Vol. 771 No. 5
Unrevised

(1) Deputy Micheál Martin:
The Government’s position on the Boston College Belfast Project Papers in light of a recent judgment in the USA

Deputy Micheál Martin: On 6 July, the Federal Court of Appeal for the First Circuit in the US upheld the subpoena issued by the British Government relating to the Northern Ireland oral history project held in Boston College. As a result, Boston College must give police the recordings by its researchers of oral history project discussions and talks with Dolours Price by next month, after an appeals court in the US rejected an effort to stop the release. Boston College in Massachusetts is still trying to quash a broader order for other materials from its projects. I understand that lawyers representing the journalists behind the Boston College interviews with former paramilitaries have requested an urgent and immediate hearing in Belfast in a bid to block testimony being handed over to the Police Service of Northern Ireland, PSNI, and a hearing is expected this week in Belfast.

Subpoenas were issued to Boston College at the request of the British Government under the Mutual Legal Assistance Treaty, MLAT, between the US and the UK. The subpoenas are part of an investigation by the UK authorities into the 1972 abduction and death of Jean McConville, who disappeared and was murdered in the most appalling circumstances.

A number of issues arise. First, one could argue there has been a refusal to face up to the issues surrounding the conflict in Northern Ireland and a failure to be more honest with the families, particularly the families of those who disappeared, such as the family of Mrs. Jean McConville. The issue that has arisen in this context concerns the oral history project and the clear decision of the courts in the United States that academic confidentiality does not trump criminal investigations. This is an important decision and I can understand it.

Bearing in mind the history of Northern Ireland, one must acknowledge that while there are those who, last week, welcomed the decision to have a criminal investigation into activities of soldiers regarding the murders that took place on Bloody Sunday in Derry many years ago, there are also those who will want to see every effort made to investigate fully the abduction and murder of Mrs. Jean McConville. That said, the authors of the history project now feel their lives are at risk because of the court’s decision, which comprises a serious issue in its own right. It is felt bringing closure and arriving at the truth will be jeopardised by the decision.

The balance must come down on the side of pursuing the issue on behalf of the McConville family. Various parties in the North have said we need a forum of reconciliation or a truth commission. They have put forward various ideas, knowing in all honesty that they will never come to fruition. We need an admission that, since 1974, nearly 1,700 people were killed or murdered by the Provisional IRA. People should acknowledge that there was no need for any of this and that, within the Sunningdale Agreement, there was the genesis of a solution. Twenty years later came the Downing Street Declaration and then the Good Friday Agreement. Thousands of people lost their lives unnecessarily as a result of the delay. It was a complete abomination for the people of this island. This needs to be faced up to.

This issue relates to evidence or material Ms Dolours Price gave and which the PSNI believes will be of assistance to it in pursuing the case. I do not know whether this is the case as I do not have access to the material. I have read Voices from the Grave containing the testimony of Mr. Brendan Hughes. It was riveting and revealing in respect of what occurred in the early 1970s in Northern Ireland. It referred to the various divisions within the Provisional movement. If there had been more up-front honesty from the Provisionals-Sinn Féin movement and the truth had been told much earlier in regard to the disappeared, in particular, we might not now be at this juncture. I am anxious to ascertain the Government’s position on this. I ask the Sinn Féin leaders or those whom they may know within the defunct Provisional IRA movement to co-operate with the PSNI in the investigation in order to enable closure for the families concerned.

Will the Minister of State outline what he believes to be the implications of the judgment for the papers handed over to Boston College in regard to the decommissioning body of Mr. John de Chastelain? Has the Government any cause to review the decision to send the papers of the body to the US State Department and Boston College?

Minister of State at the Department of Foreign Affairs and Trade (Deputy Joe Costello): I have been asked by the Tánaiste to deal with the issue of the Boston College archive, as raised by Deputy Martin.

Let me set out the background to the case. In March 2011, the British Government, acting on behalf of the Police Service of Northern Ireland, PSNI, initiated proceedings with the US Department of Justice under the Mutual Legal Assistance Treaty between the two countries. These legal proceedings led to a subpoenaing of a collection of archived interviews being held in Boston College. The archives are part of the Belfast Project, involving an oral history of republican and loyalist paramilitaries deposited in the Burns Library at the college.

The initial subpoena related to the interviews of Ms Dolours Price and Mr. Brendan Hughes, two former members of the Provisional IRA. A second subpoena was issued seeking “any and all interviews containing information about the abduction and death of Ms Jean McConville”, one of the disappeared victims of the Provisional IRA.

Two legal challenges were launched by Boston College and separately by Mr. Mclntyre and Mr. Moloney to quash the subpoenas. Mr. Mclntyre and Mr. Moloney argued that the British Government had made a “solemn promise” that it would not “reopen issues addressed in the Belfast Agreement, or impede any further efforts to resolve the conflict in Northern Ireland”. In December 2011, these challenges were dismissed by US District Court judge William Young. Following this review, the judge’s order that all relevant materials be handed over to the British Government was delayed following further legal efforts by Mr. Mclntyre and Mr. Moloney. Last Friday, 6 July, the US Federal Court of Appeals for the First Circuit turned down their appeal. As matters stand, this means the archived material must be handed over by Boston College to the US authorities for onward transmission to their British counterparts. However, Mr. Moloney and Mr. Mclntyre are considering a motion for a re-hearing of the case. They also continue to keep their legal options open in the Belfast courts.

Last February, the Tánaiste told the House in reply to a parliamentary question that as the issue of the archive was currently the subject of ongoing legal proceedings before the courts in the United States, it would be inappropriate for the Government to comment on the matter at that time.

On 23 January 2012, Senator John Kerry, chairman of the US Senate Committee on Foreign Relations wrote to Secretary of State Clinton to warn of the danger that the subpoena might “upset the delicate balance that has kept the peace” in Northern Ireland and asked that she “work with the British authorities to reconsider the path they have chosen and revoke their request”. Other prominent Irish Americans have agreed with Senator Kerry’s assessment.

The Deputy will appreciate that a number of factors inform the Government’s views on this matter. The issue is subject to a mutual legal assistance treaty between the US and British Governments. As Senator Kerry and others have said, the issue undoubtedly has the potential to make an impact on the peace process. However, in the Government’s view, the peace process is sufficiently firmly bedded down to enable it to withstand whatever pressures may emerge from time to time. The issue also has a bearing on how we deal with the past generally. We know the pain and hurt of victims, including that of the McConville family, never cease. We need to find sensitive ways of dealing with the past that meet the needs of victims and the bereaved.

Clearly, the case is a matter that the courts in the United States have spoken on and may do so again, as may the courts in Northern Ireland. Officials of the Department of Foreign Affairs and Trade, in addition to those of the Department of Justice and Equality, will continue to monitor closely any further developments.

Deputy Micheál Martin: I accept the Minister of State’s statement that the Government’s view is that the peace process is sufficiently firmly bedded down to enable it to withstand whatever pressures are brought to bear upon it. Increasingly, however, the needs of victims and the bereaved are surfacing, on all sides. Issues are surfacing through the historical inquiries team, with some very limited success in some cases and with some degree of closure in others. Up-front honesty has been singularly lacking from all concerned regarding the disappeared of the McConville family. There is a very clear case for this issue to be addressed.

Will the Minister of State indicate whether he or the Minister for Justice and Equality intends to meet Mr. McIntyre and Mr. Moloney to discuss their circumstances, bearing in mind the fears they have expressed? To be fair to them, they embarked on the project in a genuine way. One might say they believed, perhaps naïvely, in the legal guarantees they received. I accept, on balance, the need to have this issue pursued to secure justice for the McConville family. Perhaps it might be short-circuited if people could indicate what occurred and how it happened so that the McConville family could be given closure. It was a disgraceful and unacceptable action that bore no relation to any degree of civility by any definition or yardstick. It is a stain on the country and the provisional movement in particular.

The Minister of State mentioned that the Government knew that victims’ pain and hurt never ceased and that sensitive ways of dealing with the issue needed to be found. Those ways have eluded us because all parties to the situation, some more than others, proposed solutions that they knew would not travel on the other side, allowing them the facade of being interested in an international oversight body when they knew full well that it would never come about.

Despite the best efforts of the Eames-Bradley process, people could not be pulled together in this regard. As part of the agenda, there is a desire to bring closure to the many families who suffered unspeakable losses as a result of the murder and mayhem of the years in question.

Deputy Joe Costello: The needs of the victims, including in the tragic Jean McConville case, are the Government’s priority consideration. The Government has been seeking all mechanisms to provide reconciliation and effect closure. The Minister for Justice and Equality and the Tánaiste will continue to monitor the proceedings in question. There may be a rehearing of the case, which is the option being retained by Mr. Moloney and Mr. McIntyre. They also retain the option of going to the courts in Belfast.

I did not answer the Deputy’s question on decommissioning. This matter has been addressed under the Vienna convention. None of the material that is also deposited in the Boston College can be accessed until 2041. It is out of the hands of the British Government and the Irish authorities. The material can only be accessed on the request of either of those authorities.