PARLIAMENTARY DEBATE
Northern Ireland Troubles: Operation Kenova - 9 December 2025 (Commons/Commons Chamber)
Debate Detail
May I say that I thought this would be done not as a written ministerial statement but as a statement to the House? When all the news channels are carrying such a major subject, I really think this House should have had that benefit. That is why I granted the UQ.
Operation Kenova has published its final report, which covers the activities of the alleged agent Stakeknife, as well as other investigations referred to it by the Police Service of Northern Ireland. Let me begin by commending the Kenova team, led by Sir Iain Livingstone and Jon Boutcher, for the exemplary way in which they carried out their work, built trust with families, put victims first and provided many answers about what happened to their loved ones.
Operation Turma, which was part of Operation Kenova, resulted in the prosecution of an individual now extradited from Ireland and awaiting trial for the murder of three Royal Ulster Constabulary officers in 1982. Operation Kenova has set a standard for future legacy investigations, and we have drawn on a number of those lessons in drafting the Northern Ireland Troubles Bill. I wish to express my heartfelt condolences to all the families who lost loved ones in the appalling circumstances described in this sobering report.
Operation Kenova was asked to establish whether there was evidence of criminal offences by the alleged agent known as Stakeknife or their alleged handlers. The behaviour described of the alleged agent and their role in the Provisional IRA is deeply disturbing, and it should not have happened. In recent decades, there have been significant reforms to agent handling practice, including through legislation. The use of agents is nowadays subject to strict regulation, overseen by the Investigatory Powers Commissioner and the Investigatory Powers Tribunal.
On Operation Kenova’s request to the Government to name Stakeknife, I told Sir Iain Livingstone in August:
“Due to ongoing litigation relevant to the Neither Confirm Nor Deny [NCND] policy, namely the Thompson Supreme Court appeal, a substantive and final response to your request will be provided after judgment has issued in that case.”
The Government’s first duty is to protect national security, and identifying agents risks jeopardising that.
Today’s report also makes public the high-level findings of Operation Denton, which looked at killings carried out by the Ulster Volunteer Force Glenanne gang. The behaviour reported on, including collusion by individual members of the security forces, is shocking. The Government will respond to the full Denton report when it is published, bearing in mind that related legal proceedings are ongoing in this case and in the case of Stakeknife.
The Government responded to a number of the other recommendations in the interim Kenova report in August. That is available in the Library and is also addressed in the written ministerial statement.
Does the Secretary of State welcome the finding of Operation Kenova that there was no high-level state collusion between loyalist paramilitaries and members of the Army or the security forces? Does he recognise the important role that our intelligence services played in securing peace in Northern Ireland? Does he recognise that the IRA were riven by informers? Does he realise the absurdity of maintaining the position that Operation Kenova could not name Freddie Scappaticci as Stakeknife? Does he recognise that the findings relating to the Dublin and Monaghan bombings were that the UK state authorities had no information or intelligence that could have prevented those bombings?
Finally, in the context of the debate we are having about legacy, does the Secretary of State recognise that he is letting too many inquiries pass by without highlighting the lack of accountability of the Dublin Government— of the Republic of Ireland—for their role in supporting the IRA? We cannot wait until his legislative process concludes, or for inquiry after inquiry, for the Dublin Government to open their books, share their stories and, on the basis of truth and justice, indicate the role they played in our troubled past.
I also note what the report has to say about not finding any evidence of high-level collusion between the security forces and loyalist paramilitaries, in particular the UVF in respect of the work of the Glenanne gang, as they have been called. However, I do notice what it says about individual collusion. I used the word “shocking” deliberately, because it is shocking to learn now that—as Operation Kenova reports—serving police officers and serving members of the armed forces were colluding with those who were murdering a very large number of people. Over 120 people were murdered by that gang.
On the right hon. Gentleman’s final point about us all wishing to learn from the past—and I think that in order to learn from the past, one has to try to tell the truth about it—I simply draw his attention to the framework agreement reached between the UK Government and the Irish Government in September. I draw his attention to the steps that have been taken by the Irish Government to co-operate with the Omagh inquiry, which he and I have debated many times before, as well as the commitment that the Irish Government have given to the fullest possible co-operation with a reformed legacy commission. The Government’s troubles Bill is seeking to put that reformed commission in place, with the consent and will of the House. I hope all Members will welcome that, because the more information we can get about what happened, the more families will be able to find out exactly what happened to their loved ones.
“there continues to be an unhelpful, unnecessary and protectionist approach to the disclosure of official records.”
Given those comments and the significant concerns outlined in our report on the Government’s new approach to disclosure, how can families have confidence in the new process?
Under the current legacy Act, the Independent Commission for Reconciliation and Information Recovery, which will become the legacy commission under our legislation, has the ability to request and see all information. That will remain the case for the reformed legacy commission, because the commission has the ability to deal with closed material; the coronial system does not, as the House is aware. Precisely as my hon. Friend has said, it is vital for the confidence of families that they know the bodies that are charged with investigating what happened in the past—the people who are trying to find out what happened to their loved ones—are able to see all the relevant material.
This is a very significant and highly detailed report, which I know hon. Members will want to take some time to digest, but on behalf of the Conservative party, I thank all those who have contributed to it. I also want to remember all those who suffered during that very difficult time. The last Conservative Government apologised for collusion following the de Silva review of the murder of Patrick Finucane, and while it is sobering to read further accounts of collusion between a small number of agents of the British state and paramilitaries, it is important to set this alongside a number of findings in the Kenova report.
First, as the Secretary of State mentioned, there is an understanding that legislation has changed dramatically since the time in question, under both the last Labour Government and the last Conservative Government. Secondly, it is important to highlight that although the review found that there were a small number of rogue actors, it did not find “any evidence” that collusion occurred
“at a political or strategic level”,
and there was
“no evidence which indicates that the RUC at an organisational level was involved or complicit with the activities of extremists or terrorists.”
It is very important that those findings are not lost.
Thirdly, as the right hon. Member for Belfast East said, the review found that there was no specific intelligence that, if acted upon, could have prevented the 1974 Dublin and Monaghan bombings, and it did not manage to find any evidence indicating that British security forces colluded with the UVF in those attacks—again, these are historic findings.
I would be very interested to hear from the Secretary of State whether he would be prepared to come back at a later date and tell us more about the Government’s future position on “neither confirm nor deny”. I understand that there is a case going on at the moment, but I believe that once that is done, it will be important for the Government to be clear with the House about how they see that policy going forward.
As has already been mentioned, there have been a number of detailed and necessary reviews of collusion between agents of the British state and paramilitaries, but as yet there have been no such reviews on the Irish side. Will the Secretary of State tell us whether the Irish Government have told him by when they intend to present their own legislation?
It is for the Irish Government to determine what information they reveal, but they have given commitments to me, to the UK Government and, indeed, to all of us about the co-operation that they will provide. The Tánaiste has said to me that the legislation to allow witness testimony to be given to the Omagh bombing inquiry will be in place by March, and we look forward to seeing, in due course, the outline of the Irish Government’s legislation that will implement the rest of the commitments when it comes to co-operation with the new legacy commission that we are seeking to establish by means of the legislation currently before the House.
I am always happy to return to the House to provide further information and to answer further questions, but we are waiting for the Thompson judgment, which is absolutely about the “neither confirm nor deny” policy. That is why, when I wrote to Sir Iain Livingstone on, I think, 13 August, I said to him what I quoted in my original answer to the question from the right hon. Member for Belfast East (Gavin Robinson).
The “neither confirm nor deny” policy is important for our national security. The ultimate responsibility of Governments is to protect national security, and the moment that the “neither confirm nor deny” policy starts to be eroded—although in a small number of cases it has been set aside for particular reasons—that undermines the confidence of those who are serving the state today to keep us safe. They may start to ask themselves, “Will the Government still uphold that lifelong commitment not to reveal anything about what I have done?” The “neither confirm nor deny” policy is a really important protection for those who do very dangerous things in order to try to protect all of us.
As for the hon. Gentleman’s question about MI5, I responded to the Chair of the Select Committee, my hon. Friend the Member for Gower (Tonia Antoniazzi), in respect of the information that was subsequently discovered, but, of course, the use of agents— covert human intelligence sources—is nowadays subject to regulation under the Regulation of Investigatory Powers Act 2000 and the Covert Human Intelligence Sources (Criminal Conduct) Act 2021. Both those pieces of legislation show the determination of the House to learn from what has gone wrong in the past.
The reports for families that Operation Kenova has produced demonstrate the value of independent and effective legacy investigations. With that in mind, I acknowledge the Secretary of State’s reference to his openness and urge him to think about appointments to the judicial panel of the new Legacy Commission. I believe that they should be made by the Northern Ireland Judicial Appointments Commission, rather than by any Secretary of State, because Operation Kenova demonstrates that independence is key if we are to effectively address the legacy of the past.
“investigation has demonstrated that murders that could and should have been prevented were allowed to take place”.
There was always an alternative to murder in Northern Ireland, so does the Secretary of State agree with me that it is now time for an inquiry to identify and hold to account those who directed terrorism and murder in Northern Ireland?
I say to the right hon. Gentleman that what we need to focus on now, because clearly there are things in the past that cannot be undone, is to learn from what we have learned—today’s report about what went on in all sorts of respects is an extremely important contribution to that—but also to make sure, as I have said a number of times, that families get the answers they are still waiting for. Kenova did a lot to do that for the families with whom it worked, but lots of other families still do not know. That is why we must have a commission that works for everyone.
I think this is the final question, so I will just share with the House that, about three and a half or four weeks ago, I went to Bragan bog with the two brothers and the sister of Columba McVeigh. He was 19 years of age when he was murdered by the Provisional IRA, and information suggests that his remains lie in that bog. It is a desolate place, and the search for his body has been going on for a very long time. The Independent Commission for the Location of Victims’ Remains has done such an important job in helping to bring back the remains of people who were murdered in such circumstances, so they could be laid to rest with their families present. I, like I am sure all Members of the House, long for the day when the bodies of Columba McVeigh, Robert Nairac, Seamus Maguire and Joe Lynskey are finally recovered, so all of the disappeared can rest where they should rest, with the knowledge of their families, so they can have some peace.
When thinking of Kenova, my mind goes back to 1984 and the case of Jimmy Young, who lived in Portaferry in my constituency of Strangford. His case was part of the file sent to the Public Prosecution Service for Northern Ireland that included a report on Stakeknife’s involvement, but no prosecution was ever initiated. What steps will be taken to ensure that the family members who are still alive and mourning Jimmy’s killing have access to as much information as legally possible and get some form of justice for his murder? I always ask for justice, and I am asking for justice for Jimmy Young and this family.
That is of course frustrating, but the independence of our prosecutorial system is an absolutely essential safeguard for all of us. It has to make a judgment that the two tests, of whether there is a reasonable prospect of a conviction and whether it is in the public interest to prosecute, are met. However, that does not mean that the family mentioned by the hon. Member for Strangford cannot still seek to get answers. That is what the commission is for: that is work it is undertaking currently and that it will do in the future, under the new arrangements that I hope the House will agree to put in place. We should leave no stone unturned in trying to give families what they have been looking for for such a long time, and I wish that for the family he mentioned.
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