‘Scapaticci Clause' being used to shut down questions about ‘Winkie' Irvine

Sunday World

12 hours ago

Irvine's conviction continues to create ongoing tensions within the UVF, the loyalist terror group to which he belonged.
A procedure once condemned by PSNI Chief Constable Jon Boutcher is being used to shut down questions about Winston 'Winkie' Irvine, the Sunday World can reveal.
And the 'Scapaticci Clause' — as the process is known informally to members of the legal profession in Northern Ireland — is also being used by the Court Service.
One of its functions at present, it appears, is to deny the release of information relating to the recently convicted gunrunner Winston 'Winkie' Irvine.
All this is taking place while the fallout from Irvine's conviction continues to create ongoing tensions within the UVF, the loyalist terror group to which he belonged.
At a recent hush-hush meeting of the UVF's 'B Coy' in a Shankill Road social club, Irvine was shown the red card by the very men he once commanded.
UVF leaders sat stoney-faced while foot soldiers listed a litany of complaints against the former 'B Coy' boss. Several respected loyalists demanded to know how Irvine went from street rioter who sparked a bloody internecine feud with the UDA in 2000 to the very top of the UVF.
Shankill man 'Harmless' Harry Stockman — who is believed to hold the rank of No2 in the loyalist terror group hierarchy and is seen as a supporter of Irvine — failed to attend the meeting.
Instead, Stockman left it to veteran UVF boss John 'Bunter' Graham to deal with rank-and-file unrest. The fury felt among the organisation's First Battalion — which exerts influence throughout the greater Shankill — cannot be over-stated, sources say.
John 'Bunter' Graham
It is believed Graham — now in his early 80s — had been planning an exit strategy as he headed towards retirement, but any move to stand down at the moment would be viewed with suspicion inside the secretive world of the UVF.
Before taking over the reins of the PSNI, Chief Constable Jon Boutcher headed the Kenova Inquiry, which investigated allegations of state collusion inside the Provisional IRA's Internal Security Unit, also known as 'The Nutting Squad'.
And he often criticised official state policy of 'neither confirming or denying', more commonly known as NCND orders. But many legal eagles now believe the police service he commands has arguably adopted a similar information policy once heavily criticised by the PSNI supremo.
And they have given it the unofficial title of the 'Scappaticci Clause' — after Belfast-born Freddie Scappaticci who, after he was recruited by the British Secret Service, successfully operated at the very top of the IRA for decades.
This is because the public first became aware of the state's practice of repeatedly 'neither confirming or denying' inquiries relating to the agent codenamed 'Stakeknife'.
Jon Boutcher is on record as stating he disagreed with the policy, as it created a climate of suspicion and conspiracy.
Freddie Scappaticci
While giving evidence to the Northern Ireland Affairs Committee last year, Mr Boutcher said: 'By this Iron-Curtain approach it leads to a lack of trust and confidence towards the security forces. It is unnecessary and the world has moved on from that.'
But despite Boutcher's assertion that the 'world has moved on' from the use of the so-called Scappaticci Clause, last week the PSNI used a similar strategy to block Sunday World inquiries into secret information the PSNI held on Irvine, also known until 2007 as Winston Gibney.
Two weeks ago, the Sunday World revealed the UVF man had changed his name by deed poll from the ancient Irish one of Gibney to Irvine because he believed his original name was 'too Catholic'.
The Sunday World had written to the PSNI with a number of queries relating to the man now known as Winston Irvine.
Initially the PSNI press office ignored our communication.
When pressed, a curt reply was issued in bold print stating: 'We have no further comment to make in relation to this matter.'
Deed poll notice Winston 'Winkie' Irvine
The Sunday World made a similar request, linked to the legal entities known as Winston Irvine and Winston Gibney, to the Court Service of Northern Ireland.
sensitive
In a written reply, the Court Service Communications department used three separate legal clauses to invoke its right to use the term 'neither confirm nor deny'.
And the Court Service also stated that to 'confirm or deny... would in itself disclose sensitive or potentially damaging information'.
But local lawyers we canvassed over the responses from the PSNI and Court Service said the strategy would do nothing to instil public confidence.
One said: 'It looks like the Scappaticci Clause is here to stay.'
Since our exclusive that Winkie Irvine's true identity had been hidden from even his closest associates in loyalism, many activists on the Shankill Road are demanding answers.
The want to know about Irvine's identity and background, as well as why he was able to survive for as long as he did.
Many UVF 'A Coy' men claim suspicions around Irvine alone were enough to have him stripped of any protection he had from the loyalist organisation.
'Good men have been labelled touts for less,' a veteran UVF man told us.
But the strongest vitriol was used in connection with members of the UVF leadership, who went out of their way to afford Irvine protection.