Former NI director of public prosecutions criticises government legacy plan
A former director of public prosecutions in Northern Ireland has criticised a government plan to give the attorney general for England and Wales the final say over Troubles-related prosecutions in Northern Ireland.
Barra McGrory, who held the role from 2011 to 2017, told BBC News NI the proposal represented a significant backward step and would damage public confidence in the office.
The plan is part of proposed changes to the Northern Ireland Troubles Bill currently going through Westminster. It would require the attorney general, who also serves as advocate general for Northern Ireland, to give consent before prosecutions related to the Troubles can proceed.
The Northern Ireland Office said the measure was a recommendation of Parliament's Joint Committee on Human Rights and would ensure confidence and consistency in prosecution decisions.
McGrory argued the change would wipe away the independence established under criminal justice reforms after the Good Friday Agreement. He said if the director of public prosecutions cannot be trusted to take decisions on Troubles-related cases, people will question whether the DPP can be trusted on other decisions.
He also warned that having Troubles-related prosecutions decided by the attorney general while all other cases are considered by the local DPP would create a two-tier justice system and a hierarchy of victims.
McGrory said he would not have taken the job as DPP had the proposed arrangement been in place when he was appointed. He said he was the first DPP to be wholly independent, and that was the reason he applied.
The Northern Ireland Office said the attorney general must act quasi-judicially and independently of government when making decisions, applying established prosecution principles of evidential sufficiency and public interest.