Kincora module of historical institutional abuse inquiry begins

By Henry Mcdonald
Guardian
May 31, 2016

http://www.theguardian.com/uk-news/2016/may/31/kincora-historical-institutional-abuse-inquiry-official-secrets-act

The former Kincora boys’ home. Photo by Niall Carson

The judge heading up a new inquiry into the Kincora boys’ home in which it is alleged that MI5 blackmailed a paedophile ring that operated there during the Troubles has stated he is satisfied all government departments have handed over files relating to the scandal.

On day one of the historical institutional abuse inquiry’s examination of Kincora, Mr Justice Anthony Hart told Banbridge courthouse that he was reassured that the hearing had full access to documents, including those related to the Official Secrets Act.

Critics of the way the inquiry into Kincora has been framed expressed fears the government would use the Official Secrets Act to prevent the Banbridge-based investigation gaining access to files from MI5 and MI6 relating to the alleged use of sex abusers as spies on fellow hardline Ulster loyalists.

At least 29 boys were sexually abused by Kincora housemaster and prominent Orange Order member William McGrath and others at the east Belfast home. One boy is said to have killed himself by jumping off a ferry into the Irish Sea in the late 1970s, following years of abuse.

In his opening statement on Tuesday, Hart addressed the issue of the full disclosure of sensitive files and documents relating to the scandal. It emerged that both MI5 and MI6 are legally represented at the inquiry.

On a promise from the home secretary, Theresa May, for full disclosure, Hart said: “The related assurances dealing with the verification of documents, funding and the Official Secrets Act were acceptable to this inquiry. The inquiry has been provided with full and voluntary cooperation by all HM government departments and agencies. Not only have we been able to inspect the material they have provided at our request, which includes material that we were able to identify from the material already provided by them that might also be relevant, but we are going to examine the relevant material during these public hearings.”

The inquiry chairman said the Police Service of Northern Ireland had fully cooperated in handing over material and the tribunal did not need to exercise its powers to compel anyone or any institution to provide evidence.

The judge made a direct appeal to three men who over the years had made allegations the security forces not only turned a blind eye to the abuse of boys at Kincora but used this information to blackmail the perpetrators into becoming informants. He noted that former army intelligence officer Colin Wallace, the former loyalist activist Roy Garland, and Brian Gemmell have thus far refused to give evidence in person to the inquiry.

Hart said time was running out for the three men to come forward and speak at the court. He said: “The door is therefore still open to them if they want to change their minds, but that door cannot remain open much longer because the inquiry is compelled by its terms of reference to finish its public hearings by 18 July. Unless they come forward very soon it will simply not be possible for the inquiry to treat them as core participants, or call them as witnesses.

“If they change their minds and are prepared to provide the witness statements and answer the questions we have posed to them by close of business on Friday 10 June, then we will allow them to take part in the remainder of the module as core participants. After that it will be too late for the inquiry to receive, consider and investigate whatever they wish to say, and to give sufficient time for the other core participants to respond.”

Wallace has consistently claimed that MI5, RUC special branch and military intelligence knew about the abuse going on at Kincora and used it to blackmail the paedophile ring to spy on hardline loyalists.

In 1980 Wallace was arrested and convicted of manslaughter. He spent six years in jail amid suggestions he had been framed. His conviction for manslaughter was quashed in 1996 in the light of fresh forensic evidence and shortcomings at his trial. In 1990, Margaret Thatcher was forced to admit that her government had deceived parliament and the public about Wallace’s role.

An independent investigation by David Calcutt QC found that members of MI5 had interfered with disciplinary proceedings against Wallace. As a result, Wallace was awarded £30,000 compensation.

The inquiry into Kincora, which Amnesty International has described as one of the most disturbing scandals to emerge from the Troubles, continues.