PARLIAMENTARY DEBATE
Northern Ireland: Legacy of the Troubles - 4 December 2024 (Commons/Commons Chamber)
Debate Detail
Addressing the legacy of the troubles was one of the aims of the Good Friday agreement, but this task remains incomplete. Too many families I have met have had to wait too long to find out what happened to their loved ones. I have found it difficult to listen to their stories about the brutality of the killings, the way some of them were treated afterwards, and the passing of the years without finding answers.
The approach taken to legacy by the last Government was wrong. It was rejected by the Northern Ireland political parties, victims’ groups and the Irish Government, and it was opposed by the Labour party when we were in opposition. Aspects of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 have now been found by the courts to be incompatible with our obligations under the European convention on human rights. This must be remedied, and the Government are committed to repeal and replace that legislation, as set out in our manifesto.
I am today laying a remedial order under the Human Rights Act 1998 to take the first steps to honour that commitment. This order will remedy all of the human rights deficiencies in the legacy Act identified by the Northern Ireland High Court in February in the case of Dillon and others, and one issue from the Court of Appeal judgment in September. Specifically, the order, if adopted by Parliament, will remove all provisions from the Act relating to the immunity scheme, which—let it not be forgotten—would have enabled any of those who perpetrated the most appalling terrorist crimes to seek immunity from prosecution from the Independent Commission for Reconciliation and Information Recovery, although, as many victims’ families recognise, with the passage of time the prospect of successful prosecutions is increasingly unlikely.
The order will also enable all civil proceedings that were prohibited by the legacy Act, including future cases, to proceed. This means that individuals will once again be able to bring troubles-related cases to the civil courts—a basic right denied them by the legacy Act.
In addition to laying this remedial order, I can also announce today that I will introduce primary legislation when parliamentary time allows. This legislation will implement our promise to restore inquests, starting with those that were previously halted by the legacy Act. It will also, in direct response to the Northern Ireland Court of Appeal’s findings, amend the disclosure regime so that it is fair, transparent and, crucially, allows for the greatest possible disclosure of information, following very closely the model for statutory inquiries and other established processes.
We will also ensure that, in specific circumstances—namely, in cases that are unable to proceed as an inquest—the independent commission is able to hold public hearings, take sworn evidence from individuals and ensure that families have effective representation. Although the courts have found the commission be sufficiently independent to conduct article 2 compliant investigations, the confidence of families in its work is paramount, so we will make further changes to reform and strengthen the commission’s independence, powers and accountability. As part of this work, we will consider provisions previously included in the draft Stormont House agreement legislation, as well as learning from the experience of Operation Kenova.
The steps I am outlining today seek to correct the mistakes of the previous Government’s approach, ensure compliance with the ECHR and deliver on what this Government have promised: the removal of conditional immunity; the reinstatement of legacy inquests halted by the legacy Act; restoring civil cases; and reforming ICRIR, while enabling it to continue working on behalf of the growing number of families who have already sought its help.
The many conversations that I have had with interested parties in recent months have been invaluable in the development of this approach. I will now undertake further discussions on specific measures to be included in primary legislation so that, together with the remedial order, the Government fulfil our commitment to repeal and replace the legacy Act. This will include families, victims and survivors groups, Northern Ireland parties, civil society and the veterans community, recognising the dedicated service of the vast majority of police officers, members of the armed forces and the security services who did so much to keep the people of Northern Ireland safe during the troubles. I want to take the opportunity to reassure the House that the Government are committed to ensuring that veterans receive the right welfare and, where appropriate, legal support.
I will, of course, also continue to have detailed discussions with the Irish Government, who, as co-guarantors of the Good Friday agreement, are an essential partner in this process. I hope that the UK and Irish Governments will be able to agree a way forward that is underpinned by the principles set out in the Stormont House agreement.
I am sure that everyone recognises that, as time passes and families grow older, we need to get on with enabling them to obtain the information, accountability and acknowledgement that they have long sought. In parallel, the Government also need to set out the grounds for appeal on elements of the Court of Appeal judgment. As I have said, the Government will use primary legislation to respond directly to a number of the Court of Appeal’s findings on disclosure. However, the primacy of the Executive in decisions relating to the security of the state is a principle long recognised by UK courts and is a crucial element of our ability to keep people safe. For this reason, we will appeal the Court’s specific finding relating to the Secretary of State’s power to preclude the disclosure of sensitive information in circumstances where such disclosure would prejudice the national security interests of the United Kingdom.
Furthermore, the Court’s findings relating to effective next-of-kin participation in cases that would otherwise be inquests raise issues that could reach far beyond the scope of the legacy Act. It is important that the Government seek legal clarity from the Supreme Court, and that is why we have decided that the Government must seek to appeal on this particular issue as well. The Government will also pursue an appeal in relation to the findings on article 2 of the Windsor framework, for reasons I set out in my written ministerial statement of 29 July.
I would like to say as clearly as possible that these decisions on appeal are to address wider concerns and their potential impact far beyond the legacy Act and Northern Ireland. They will not slow down our efforts to seek agreement and bring forward legacy legislation so that the ICRIR, which has begun its work, can demonstrate its capacity to assist victims and families.
Finally, what is all this for? It is to ensure that families who have lost loved ones—families who above all should be in our hearts and minds today—can finally learn what happened. Nothing will ever ease the pain that they endure to this day, but we must hope that society in Northern Ireland, which has come such a long way since 1998, can begin to heal the terrible wounds of the past and look to a better future. I commend this statement to the House.
I do not intend to rehearse all of the long debates that were had in the last Parliament over the legacy Act. The Labour party won the general election on a manifesto that included a number of measures that the Secretary of State has just discussed, and it has a mandate to make the changes it wants to make. But I will say this: there was an attempt by the last Government—a desire from the last Government—to draw a line under many difficult things that had happened, and with the actions the Government are now taking that line is being erased.
I will remind the House of the central reasons why the last Government legislated. They did so to try and protect some elderly people, including servicemen, who were being brought before inquests to discuss events that may or may not have happened very many years before. This was a process inevitably weighted against the police and the armed forces, who kept records and whose servicemen were easily locatable and contactable. Tonight there will be many such men harbouring a sense of dread. I know the Government are taking a different approach, but I do ask them to spare a thought for those men this evening and to think very deeply about what they can do to support them and what help they can offer them.
I have a number of questions for the Secretary of State. I appreciate that he may not be able to answer them all this evening, so I would be grateful if he would undertake to write to me on these very important matters.
The first issue I would like to touch on is the ICRIR, which was set up by the legacy Act. Indeed, for all the Government’s current talk of wanting to replace the legacy Act, a very large part of that legislation is concerned with its establishment. I was very pleased earlier in the year that the Secretary of State affirmed his support for the ICRIR and for Sir Declan Morgan, who is doing an admirable job of overseeing it.
In his statement, the Secretary of State said that he will
“reform and strengthen the commission’s independence, powers and accountability.”
I would be grateful if he could set out exactly how and why he intends to do that, given that in September Sir Declan made it clear that he already had the necessary independence and powers to do his job.
Secondly, I was pleased to hear that the Secretary of State intends to appeal the Court’s specific finding regarding the Secretary of State’s power to preclude the disclosure of sensitive information in circumstances where disclosure would be prejudicial to national security, but will he confirm that, in the event that his appeal is unsuccessful, the Government will legislate to ensure that national security is protected? If he does so, he will have our support.
Thirdly, I must ask the Secretary of State about the new regime that is emerging—it seems rather more by accident than design—and how it will work. We will have inquests, the ICRIR and inquiries. Who will decide which route a family goes down? Will it be the family, the Government or the courts? What criteria will be used? How will disputes about the route chosen be adjudicated? One of the qualities of the legacy Act was that it greatly simplified the system. The system is now being returned to complexity.
Finally, I must ask the Secretary of State to give the House some clarity on the Government’s position on article 2(1) of the Windsor framework. I am pleased that he is continuing his appeal against the Colton judgment handed down in July. That was a decision in which the Court of Appeal sought to disapply statute, and in his statement in July he referred to it as a technical point of law, but it is quite some technicality. Article 2(1) of the Windsor framework is very important in this judgment, and I would like him to be able to give clarity on the Government’s position. Is it, as the last Government’s position was, that the rights available to the people of Northern Ireland under the Belfast agreement should not be diminished as a result of our leaving the EU, or is it that a broader range of rights available at the time of our departure from the EU should not be diminished as a result of leaving the EU, or is it that the rights of the Northern Irish people should keep pace with EU law as it develops? Those are incredibly important points of law that will have a long consequence in British courts. I would be grateful if he could give the House clarity on those matters.
I acknowledge the point that the shadow Secretary of State raised about veterans, and we hold them very close to our hearts, as I know does the Defence Secretary, my right hon. Friend the Member for Rawmarsh and Conisbrough (John Healey), who is in the Chamber this evening.
The shadow Secretary of State asked about the ICRIR. Indeed, the courts have found it to be independent, and it has considerable powers. It is currently investigating a first case that I referred to it yesterday, following a report from the Police Service of Northern Ireland. The purpose of the changes that I will be discussing with all the parties I set out in my statement will be to further build confidence in ICRIR. Part of the reason ICRIR does not currently command the confidence of all survivors and victims groups is because it was created in an Act that closed off any other route of remedy. People were told, “You cannot have a civil case. You cannot have an inquest. If you are having an inquest now, we are cutting it short on the 1 May deadline, and the only place you can then go is ICRIR.” If I may say so, that damaged confidence in ICRIR. I have great confidence in Sir Declan Morgan, and people have now started coming to ICRIR, and I want to build confidence. That is the basis of the further changes that I propose to come to later on.
On the hon. Gentleman’s question on disclosure, I have to say that, if we get leave to appeal, we will have to wait and see what the Supreme Court has to say about that. When it comes to the different regimes, as he will know, for ICRIR, families can approach it and say, “I would like there to be a review or, if you think it appropriate, an investigation.” Certain people have powers to refer cases to ICRIR—I have just done so in the case I have outlined. It is for the Government to decide whether to launch public inquiries.
Yes, there is some complexity, as the hon. Gentleman might say, but it does give people a choice, and it does give them their rights. How could we say to citizens in one part of our important United Kingdom that they could no longer have the right to bring a civil case? That is what the legacy Act did, and that is what the Court of Appeal has recently found to be incompatible.
Finally, on article 2, I am not a lawyer but I think the hon. Gentleman set out quite well the range of issues that arise out of the way in which the courts have thus far interpreted article 2 and its application. As the courts have taken what I might describe as an expansive view of what article 2 means compared with what some people might have thought when it was originally written, it is important for the Government, and indeed for the country, to go to the Supreme Court and ask, “Which is the right interpretation?”
The Liberal Democrats believe that Northern Ireland must be able to deal with its past in a manner that promotes reconciliation and is consistent with a shared future. The approach of the previous Government was wrong. We opposed the Northern Ireland Troubles (Legacy and Reconciliation) Act, as did every political party in Northern Ireland. Just as working closely with Northern Ireland political parties is crucial to helping Northern Ireland deal with its past, so too is having a constructive relationship with the Republic of Ireland. To that end, we welcome the Government’s new and constructive approach and the announcement of new legislation. I welcome the Northern Ireland Secretary’s meeting with Micheál Martin earlier this week.
Does the Secretary of State believe that we might be making progress towards the Irish Government withdrawing their legal case? He said that legislation will be introduced when parliamentary time allows. Will he offer further insight on when that might be?
On the ICRIR, I think we all agree that it is vital to have a body that has the faith and trust of victims and their families, and I pay tribute to Sir Declan Morgan and his colleagues for the work that they have done in hugely challenging circumstances. I heard what the Secretary of State said regarding reforming the ICRIR, but will he keep on the table the option of replacing it entirely, should it turn out that such reforms do not deliver what we all want to see, which is families getting the answers they need in a manner that promotes reconciliation and an institution that commands widespread public trust?
In answer to the hon. Gentleman’s second question on when the legislation will be forthcoming, I can only repeat myself: when parliamentary time allows. On his third question on keeping open the prospect of abolishing ICRIR, I simply say that one could do that—there are those who would argue for it. That would bring to a halt the cases that have already started, and to each of those families who have taken the decision to approach ICRIR, that case really matters. We would be saying to them, “Right. Forget that” and we would waste all the money that has been put into establishing ICRIR so that it has the capacity to do its work, and waste another year or two. As I have said, nobody is getting any younger.
In the end, in most of the discussions that I have had, I have asked people, “Do you think we need an information recovery function?” They have said yes. I have asked, “Do you think that we need a means of continuing investigation?” They have said yes. That is what was contained in the Stormont House agreement, and I am not yet persuaded that scrapping that, to recreate something that ends up looking not dissimilar from what we have at the moment, is a terribly sensible or pragmatic approach to take. However, I am open to conversations in the way that I set out about what more we can do on ICRIR to increase the public’s confidence in it.
On the decisions he has made on inquests, civil cases and disclosure, the Secretary of State has to be honest with this House: that is not going to result in terrorists being taken through the courts or through the process in Northern Ireland. It will result only in ageing members of the security forces being dragged once again through the courts and suffering as a result of the service they gave in Northern Ireland. He said he intends to continue to speak with the Irish Government. The Irish Government have shamelessly taken our Government to court while doing nothing about the collusion and activities of the Irish state and Irish security forces in aiding and abetting the killing of soldiers and genocide along the border. Will the Secretary of State ensure that if there is a discussion on legacy, they address the past sins they are guilty of?
On article 2, I would simply point out that this agreement was reached between the British Government and the European Union, and it is the British courts—not the European courts—that have interpreted it. That is why the Government are of the view that we should seek to get a definitive ruling on the nature of that interpretation from the Supreme Court.
The Secretary of State has said that he will be bringing to ICRIR the same disclosure rights that apply to statutory inquiries. Why, then, do we need the Finucane inquiry, if ICRIR will now have the same powers? He said that he would discuss the way forward with the Government of the Irish Republic. They are a Government who have been vigorous in demanding accountability from the British Government, but giving no accountability as to their own forces and a support for terrorism across the border for many years.
In respect of an appeal, we will just have to wait and see what the Supreme Court—if we reach that point and it goes there—has to say. I will not prejudge either a verdict or, indeed, what might flow from that. Let me just remind the hon. Gentleman, in relation to the Finucane inquiry, that there were very specific reasons. The previous Labour Government had made a commitment that in certain cases, if an independent judge determined that there be a public inquiry, we would hold one, and I believe that when Governments make commitments, we should keep our word.
Stuart Montgomery was three weeks out of police training college when he was murdered by the IRA in Pomeroy. My cousin Kenneth Smyth was murdered by the IRA on 10 December 1971. His friend Daniel McCormick was murdered beside him. Raymond McCord’s son was murdered by loyalists. I could mention many, many others. Will all those who seek justice be able to access that which they have requested in the past, which they have been denied so often—and equal to the decision for the Finucane family? Can the Secretary of State please further expand on the support that will ensure that there will be no witch hunt against armed forces and RUC officers, who served honourably for Crown and country? I apologise for the emotion.
We have to work together as hard as we can to provide—if it is possible, because it may not be possible in all cases—the means through which the families can get some answers about what happened. But in the end, each family has to come to terms with the loss that they have endured in their own way. I cannot think of anything that is more difficult to do, but we need to stand with them every step of the way. I stand with the hon. Gentleman—he is my hon. Friend—in saying that.
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