THE BILLY WRIGHT INQUIRy – RePORT CHAIRMAN : THE RIGHT HONOURABLE LORD MAC LEAN The Billy Wright Inquiry – Report Chairman: The Right Honourable Lord MacLean Panel: Professor Andrew Coyle CMG The Right Reverend John Oliver Presented to Parliament pursuant to Section 26 of the Inquiries Act 2005 Ordered by the House of Commons to be printed on 14 September 2010 HC 431 LONDON: THE STATIONERY OFFICE £78.50 © Crown Copyright 2010 The text in this document (excluding the Royal Arms and other departmental or agency logos) may be reproduced free of charge in any format or medium providing it is reproduced accurately and not used in a misleading context. The material must be acknowledged as Crown copyright and the title of the document specified. Where we have identified any third party copyright material you will need to obtain permission from the copyright holders concerned. ISBN: 9780102969108 Printed in the UK by The Stationery Office Limited on behalf of the Controller of Her Majesty’s Stationery Office ID P002355581 09/10 2323 19585 Printed on paper containing 75% recycled fibre content minimum. Foreword This was throughout a complex and absorbing Inquiry carried out between the main office in Edinburgh and the Court House at Banbridge, Northern Ireland, where the hearings were held. There was, in addition, a local office in Belfast. I wish to thank the administrative staff for the smooth running of the Inquiry, despite difficulties which arose. In particular I wish to express my gratitude to Mrs Oonagh McIntosh for her work in securing and in adapting Banbridge Court House for our needs. It served us well. I must also pay tribute to the legal staff who applied themselves diligently and effectively throughout the Inquiry. We were fortunate to have the inestimable services of Mr Henry Palin whose great experience as an Inquiry Solicitor is unsurpassed and was hugely valuable at numerous times throughout the Inquiry. Happily, when he retired from the Civil Service which he did in the course of the Inquiry, he was able to return in the role of a Consultant. When that happened, Mrs Pauline Henderson ably took over, having been Deputy Solicitor from the outset. I would also like to thank Counsel to the Inquiry and particularly Mr Murdo MacLeod QC for taking over at very short notice the duties of leading Counsel to the Inquiry, which he fulfilled well until the appointment of Mr Angus Stewart QC to that position. Finally, I cannot praise too highly the contributions and support of my Panel Members, Professor Andrew Coyle and Bishop John Oliver. Their companionship, unflagging enthusiasm and good sense will always be treasured by me. Without them I doubt if we could have got through our work as expeditiously as I think we have. Lord MacLean September 2010 i Delivered to the Secretary of State for Northern Ireland in terms of Section 24(1) and (4) of the Inquiries Act 2005: The Rt Hon Lord MacLean Professor Andrew Coyle CMG The Rt Rev John Oliver ii Contents CHAPTER ONE Background to the Inquiry 1 Introduction 1 Before the Inquiry 1 Announcement of the Inquiry 4 Terms of Reference and their Meaning 5 Meaning of Collusion 7 Inquiry Procedure and the Standard of Proof 10 The Prison Act (Northern Ireland) 1953 10 The Inquiries Act 2005 10 CHAPTER TWO Conduct of the Inquiry 13 Collection of Evidence 13 The Inquiry’s Use of its Statutory Powers 16 Preliminary Hearings 17 Conversion to an Inquiry under the Inquiries Act 2005 17 Further Judicial Reviews – The Terms of Reference 19 The Chairman’s Ruling on the Questioning of a Witness 20 The Transcripts for Hearing Days 128 and 129 21 Mr Ian Paisley Junior 22 Legal Proceedings Against the Northern Ireland Office by the Wright Family 23 Representation 24 The Collection and Handling of Evidence 25 Redaction and Scanning 26 Those Facing Criticism or Adverse Comment 28 Hearings 30 Closed Hearings 31 Summarised Evidence 32 Anonymity 33 Witnesses 35 Closing Submissions 36 iii The Billy Wright Inquiry – Report CHAPTER THREE Historical and Political Context 37 The Background 37 Inside HMP Maze 38 The Origin of the Troubles: Landmarks on the Way to Peace 40 The First Ceasefire, 1994–95: a Crucial Year 43 Setbacks on the Road to Peace 46 The Smaller Paramilitary Groups 46 The Irish National Liberation Army and the Provisional IRA 48 The Emergence of the Loyalist Volunteer Force 49 Drumcree 49 The Threat to the Life of Billy Wright 50 The Threat from the Combined Loyalist Military Command 51 Billy Wright and the Political Parties 51 Billy Wright’s Influence from Prison 52 The End in Sight 53 The Aftermath 54 CHAPTER FOUR Background to Billy Wright 55 Republican Threats to Billy Wright 55 The Combined Loyalist Military Command Threat to Billy Wright 59 Further Alleged or Reported Threats to the Life of Billy Wright 63 CHAPTER FIVE Structure and Background of the Main Organisations 67 Introduction 67 The Northern Ireland Prison Service 67 The Royal Ulster Constabulary 76 The Security Service 103 The Army 109 CHAPTER SIX Document Recovery 113 Introduction 113 The Security Service 115 The Ministry of Defence 117 The Cabinet Office 122 The Northern Ireland Office 123 The Police Service of Northern Ireland 124 The Northern Ireland Prison Service 143 iv The Billy Wright Inquiry – Report CHAPTER SEVEN Prison Background 187 High Security Prisons 187 General Management Issues 188 Physical Security 191 Procedural Security 194 Dynamic Security and Conditioning of Staff 202 Security Departments 204 Prison Intelligence 207 The History and Development of HMP Maze 209 Allocation and Classification of Prisoners 212 Physical Security 215 Procedural Security 227 Dynamic Security and Conditioning of Staff 242 Security Department 245 Relationships with the Prison Information Unit at the Headquarters of the Northern Ireland Prison Service 256 Relationships with the Army 256 Relationships with the Royal Ulster Constabulary Special Branch 257 Relationships with the Royal Ulster Constabulary, Lisburn 258 Security Audits 259 Conclusions 259 CHAPTER EIGHT The Northern Ireland Prison Service and HMP Maze in 1997 267 Management of the Northern Ireland Prison Service and HMP Maze 267 Management of HMP Maze 270 Finance 276 Staffing in HMP Maze 277 Refurbishment of the Blocks 281 Occupation of the Blocks 283 The Tunnel from H7, the Steele Report and its Follow-up 284 Report by Security Governor Steve Davis 292 Adam Ingram 294 Control and Security in H Block 6 297 The Escape of Liam Averill 300 Conclusions 301 v The Billy Wright Inquiry – Report CHAPTER NINE The Transfer of Billy Wright to HMP Maze and his Location in H Block 6 311 Detention under Rule 32 311 Transfer to HMP Maze 316 The Duty of Care to Billy Wright 338 Billy Wright’s Location at HMP Maze 342 Conclusions 350 CHAPTER TEN The Hostage Taking Incident 361 Introduction 361 The Hostage Incident 364 The Eyewitnesses in Foyle House 364 The Command Team and the Governor 379 Duncan McLaughlan’s Diary 391 Allegations of Foreknowledge 393 Post-event Intelligence 403 Conclusions on the Evidence 409 The Search of HMP Maghaberry 414 The Investigation of the Hostage Incident 415 CHAPTER ELEVEN The Transfer of McWilliams and Kenneway to HMP Maze 421 Introduction 421 Adjournment Debate 421 Martin Mogg’s Decision 422 Duncan McLaughlan’s Witness Statement 425 Duncan McLaughlan’s Oral Evidence 426 ‘Absolutely Appropriate’ 430 Sir Richard Tilt’s View 432 CHAPTER TWELVE The August Riot and the Return of the Loyalist Volunteer Force to H Block 6 435 The Background 435 The Loyalist Volunteer Force Riot 438 Reaction to the Loyalist Volunteer Force Riot 439 Adjudications and Rule 32 441 Concerns of the Board of Visitors 443 Concerns of the Northern Ireland Association for the Care and Resettlement of Offenders 445 vi The Billy Wright Inquiry – Report Concerns of Other Paramilitary Factions 448 The Decision to Re-locate the Loyalist Volunteer Force to H Block 6 451 CHAPTER THIRTEEN Information and Warnings to the Northern Ireland Prison Service 459 Introduction 459 Putative Attempt by the Irish National Liberation Army to Get to Billy Wright 460 McWilliams Observed Checking Fences 460 Prison Officers’ Association Meeting with Adam Ingram on 1 July 1997 462 Incident on 11 July 1997 464 The Loyalist Volunteer Force Riot 466 H Block 6 Staff Meetings on 10 September 1997 and the Prison Officers’ Association Response 466 ‘Unusual Behaviour’ by the Irish National Liberation Army, 3–7 October 1997 470 Local Security Committee Meeting, 13 October 1997 476 Further Incidents in H Block 6 477 The Meeting on 24 October 1997 477 The ‘No First Strike’ Agreement 489 Visit by the International Committee of the Red Cross, 11–14 November 1997 493 The Finding of Bullets, 13 December 1997 498 Alleged Incident on 15 December 1997 499 Alleged Incident on 18 December 1997 500 Conclusions 503 CHAPTER FOURTEEN The Day of the Murder 505 Introduction 505 Calling Billy Wright for his Visit 514 The Vans 516 Closing the Block Gates 520 The Hole in the Catwalk Fence 522 The Watchtowers 524 The Faulty Camera 542 The Firearms 545 vii The Billy Wright Inquiry – Report The Policy File 546 Special Branch Involvement in the Murder Inquiry 548 CHAPTER FIFTEEN Intelligence (Billy Wright and the Irish National Liberation Army) 551 The October 1996 Threat from the Irish National Liberation Army 551 The January 1997 Threat 554 The April 1997 Threat 555 Did Special Branch have Access to Other Intelligence in Respect of Threats to Billy Wright in April 1997? 611 The June 1997 Threat 612 Intelligence After April 1997 and Prior to the