The obvious question to be asked about the Taoiseach’s decision to name Freddie Scappaticci as “Stakenife” in the Dáil this week is why now? Micheál Martin, or any of his recent predecessors, could have safely named the British army’s double-agent, who operated from inside the IRA, at pretty much any stage over the last two decades.
The proximate reason is the publication of the final report of Operation Kenova last December, which removes the last plausible excuse for not naming him. The multiyear investigation concluded that the protection by British security forces of Scappaticci – who is implicated in 14 murders and 15 abductions – could not be justified.
The report did not name Scappaticci due to the UK’s policy of neither confirming nor denying the actions of its security forces – known as NCND. Its authors, however, were among the individuals and groups who supported naming him, first and foremost being the families of his victims.
In that context, the Taoiseach has done the families and others a service by bringing this charade to an end, partly at least.
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His move may also have served a more narrow political purpose. He took the opportunity to hold Sinn Féin to account as the political arm of the IRA during this period by seeking an apology for “the activities of the Provisional IRA as documented in this report”.
Sinn Féin leader Mary Lou McDonald sidestepped the request with a boiler plate expression of sorrow for “all the lives lost during the conflict, and for the hurt and loss endured, without exception”.
More heat than light. And it is hard not to be sceptical about what naming Scappaticci will achieve beyond providing ammunition for a routine Dáil scuffle.
Some argue it will put pressure on the British government to set aside its NCND policy but as this could add to the woes of Keir Starmer, the UK’s embattled prime minister, it looks unlikely in the short term. The policy of NCND is a wedge issue in British politics. Regardless of their motives, its supporters draw on the genuine affinity most British people feel for their armed forces and veterans in particular.
Starmer is committed to a delicate balancing act of accommodating this reality while repealing the 2023 Legacy Act, which grants conditional immunity to former security force members. The act was opposed across the board in Northern Ireland and was found to be in breach of European human rights law. Its replacement will lift the protections granted to veterans – with some safeguards – and allow civil proceedings and inquests. This is in the interest of victims of the Troubles. The Irish Government should do what it can to encourage its passage. However, political stability in the UK may well be a prerequisite to progress.
