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BC is ordered to turn over IRA materials

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Boston Articles
December 29, 2011|By Travis Andersen

A federal judge has ordered Boston College to turn over recorded interviews of a former member of the Provisional Irish Republican Army to federal prosecutors in Boston, who had subpoenaed the material on behalf of British authorities investigating crimes during the sectarian fight for control of Northern Ireland.

In his three-page ruling issued Tuesday, Judge William G. Young of federal court in Boston directed the school to turn over the materials by tomorrow. They include recordings, transcripts, and other items related to the former IRA member, Dolours Price, who has acknowledged being involved in numerous crimes committed during the era.

Boston College said it is disappointed by Judge Young’s ruling, arguing it “could have a chilling effect because people could be reluctant to participate in oral history projects moving forward,’’ said spokesman Jack Dunn.

But he said the school would not appeal the decision.

Young’s ruling is the first of a number of requests by the British government for materials that were collected for the Belfast Project, a BC oral history project about the Troubles, a tumultuous period in the latter half of the 20th century when more than 3,000 people were killed in the struggle for control of Northern Ireland.

The Belfast Project’s organizers had promised their subjects they would keep their identities and the material they provided confidential until the person had died.

While he provided no explanation for his decision yesterday, in a preliminary ruling two weeks ago Young acknowledged the school’s concerns about academic freedom. But he also noted that a treaty between the United States and the United Kingdom requires the two nations to share information that is relevant to ongoing criminal investigations.

“These are serious allegations, and they weigh strongly in favor of disclosing the confidential information,’’ Young wrote.

Assistant United States Attorney John McNeil, who is arguing the case for the government, said, “We appreciate Boston College’s thoughtful decision in this case by deciding not to appeal.’’

Prosecutors had asserted in court filings that the material they are seeking is relevant to an ongoing investigation into the death of Jean McConville, a Belfast mother of 10 who disappeared in 1972 and whose body was recovered in 2003.

The IRA has admitted it killed McConville because she was suspected of being an informer. Price and another former IRA member, Brendan Hughes, have said that her abduction, execution, and burial was ordered by Gerry Adams, the leader of Sinn Fein, which had served as the political arm of the IRA, which ended military operations in 2005.

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