(2 years, 3 months ago)
Commons ChamberI beg to move, That the Bill be now read a Second time.
The troubles represented a terrible period in Northern Ireland’s past and in these islands as a whole. They claimed the lives of some 3,500 people in Northern Ireland, across Great Britain and in Ireland. They left tens of thousands injured and they impacted all aspects of our society. Many across the whole of our country still bear the scars, both visible and invisible, today. That Northern Ireland in 2022 has come so far in so many ways is a testament to the spirit and strength of its people and to the vision, bravery and determination of those who forged the Belfast/Good Friday Agreement. It is also a testament to the sacrifice of those men and women who went out each morning to uphold democracy and save lives, rather than those who went out to take them.
Looking around today, I see many wonderful examples of a transformed, inclusive, peaceful Northern Ireland, yet despite this exceptional progress, the troubles continue to cast a shadow over all those impacted and over wider society. Community tensions and divisive politics can undermine stability. This legacy of the troubles is an issue that successive Governments have attempted but ultimately been unable to resolve, because it concerns one of the most complex, sensitive and difficult periods in our country’s history, but we cannot stand by and do nothing; we cannot let the status quo continue. To do that would be a dereliction of our duty to the people of Northern Ireland and to those who served their country during that dark period. It would be a dereliction of duty to families across the United Kingdom who still seek answers about what happened to their loved ones, in some cases more than 50 years ago.
This Government recognise the huge challenges involved in seeking to address Northern Ireland’s past. We have a responsibility to ensure that future generations do not suffer in the same way as those who have gone before them. With every year that goes by, the opportunity to obtain answers for those who lost loved ones in the troubles diminishes further. We have a responsibility to ensure that children can grow up together, be educated together and understand all aspects of our shared past—a past that, at times, was bitter, difficult and inordinately painful for everyone involved.
The current system is broken. It is delivering neither justice nor information to the vast majority of families. The lengthy, adversarial and complex legal processes do not offer the most effective route to information recovery, nor do they foster understanding, acknowledgment or reconciliation. Faith in the criminal justice model to deal with legacy cases has been undermined. The high standard of proof required to secure a successful prosecution, combined with the passage of time and the difficulty in securing sufficient evidence, means that victims and their families very rarely, if ever, obtain the outcome they seek from the process.
We need to be honest about the limitations of focusing on criminal justice as a means to secure truth and accountability in relation to what happened to those who were killed or injured. It is arguably cruel to perpetuate false hope while presenting no viable alternative to deliver the information that so many families and survivors seek. That is why we are introducing legislation that seeks to address this most difficult and sensitive of issues.
The Secretary of State mentioned those who served in uniform. I remind him gently and kindly, but seriously as well, that my cousin Kenneth Smyth and his friend Daniel McCormick, both in the Ulster Defence Regiment, neither of whom were able to—excuse me. No IRA man was ever made accountable for their murders 51 years ago. Stuart Montgomery, a wee 20-year-old police officer was murdered outside Pomeroy—no IRA man was ever made accountable for his murder. John Birch, Steven Smart, John Bradley and Michael Adams, the four UDR men killed at Ballydugan, four men who served this country in uniform—no one was made accountable for their murders.
Secretary of State, you can understand the angst and the agony that I have on behalf of my constituents. I want to have the justice that they have been denied for over 50 years—in the case of the four UDR men, for 32 years this Sunday past. What are you doing to make sure that happens?
The hon. Gentleman gives a powerful and clear outline of the difficulty and pain that people feel, as he has just shown, in this very complex and sensitive area. He makes that point better than almost anybody else could. He touches on the very challenge we face, as we have seen over the past few decades, with the failure of the current system to bring that accountability, understanding and truth for people. As I will outline over the next few minutes, through this legislation we want to achieve an outcome that means people get the truth, with which comes accountability. He is right to focus on that for his constituents.
Like the hon. Member for Strangford (Jim Shannon), I have met many victims of the violence and the loved ones of those who died. They still want the Stormont House agreement to be implemented. The Secretary of State has to account for this. The civil proceedings on the Ormeau Road events revealed a lot of detail, as did the Kingsmill and Ballymurphy inquests. They all revealed truths that had not been known. What the Secretary of State describes as an adversarial approach to seeking justice actually works. This will disappear and he has to account for that.
It is not going to disappear. What we are looking to do is to have a full, independent, investigative, article 2-compliant process. I will touch on that in the next few minutes.
I will just make a bit of progress and then take some more interventions.
Drawing its core principles from the important work and principles of Stormont House, which the hon. Gentleman mentioned, this legislation focuses on effective and timely information recovery, and the answers and accountability that come with it, for both families and survivors, as well as aiding reconciliation and helping society move forward.
The Bill will deliver on our manifesto commitment to the veterans of our armed forces, security services and the Royal Ulster Constabulary by providing the men and women who served to protect life in Northern Ireland with the certainty they also deserve. Many of them, of course, are also victims, or friends and family of victims.
No longer will our veterans, the vast majority of whom served in Northern Ireland with distinction and honour, have to live in perpetual fear of getting a knock at the door for actions taken in the protection of the rule of law many decades ago. With this Bill, our veterans will have the certainty they deserve and we will fulfil our manifesto pledge to end the cycle of investigations that has plagued too many of them for too long.
I acknowledge the many hon. and right hon. Members on both sides of the House, particularly my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois) and my hon. Friend the Member for Plymouth, Moor View (Johnny Mercer), as well as my right hon. Friends the Members for Chingford and Woodford Green (Sir Iain Duncan Smith) and for New Forest East (Dr Lewis) and the hon. Member for Barnsley Central (Dan Jarvis), who have campaigned tirelessly and with great dignity on this issue. Indeed, I recognise that many victims and veterans groups more widely across Northern Ireland and Great Britain have campaigned for a long time for better outcomes for victims and survivors.
We were clear when we published our Command Paper last July that we would listen to feedback with an open mind, and my team and I have done just that over the last 10 months. We have heard the pain and perspectives of people from all viewpoints and communities. During those conversations, we repeatedly had to confront the very painful reality that, with more than two thirds of troubles-related cases now 40 years old, the prospect of successful prosecutions is vanishingly small, which is why this legislation marks a definitive shift in focus by having information recovery for families at its core.
In all candour, I do not envy the Secretary of State’s task. He describes it as painful, difficult and sensitive. All those words are absolutely correct, but this is not the first time we have been in this situation. Since the days of John Major and Tony Blair, the only way we have been able to make progress is to get everybody together to build consensus and then introduce legislation. It is surely already apparent from today’s debate that the Secretary of State does not have that consensus, so what does he hope to achieve by introducing this legislation?
The right hon. Gentleman makes a reasonable point. As I said, it is widely acknowledged that this is a very difficult and painful area on which there has not been consensus. There was not even full cross-party consensus on Stormont House. That is why there are times like this when, having listened to everybody—the political parties, the victims groups and the veterans groups—it is sometimes for us in Government to take those difficult decisions to find a way forward that can deliver a better outcome for people.
I think I heard my name in the list the Secretary of State read out earlier.
As early as April 2017, the Select Committee on Defence recommended a statute of limitation combined with a truth recovery process. One reason we felt able to recommend this is that the Northern Ireland (Sentences) Act 1998 meant that no one, no matter how many murders they had committed, could face a jail sentence of longer than two years, which meant being released in one year or 18 months at most. So there is no question of punishment fitting the crime, and there is no question of it not being the same for service personnel and terrorists—the Act has already established that—so the question is, what will stop the process, because the process of trying elderly veterans is the punishment, rather than the sentence.
My right hon. Friend makes an important point. I am very aware that the Defence Committee has published two reports in this area, and they are well worth reading. They recognise the changes that mean the criminal justice system for these cases is not like the criminal justice system for other types of crime across the United Kingdom. The reality is that, after the Belfast/Good Friday agreement, we had the 1998 Act and decommissioning, among other things that I will touch on in a moment, and it means that we in Government are looking at what we can do, based on the reality of where we are, with a very difficult and imperfect situation that has developed through difficult decisions made in the past, to deliver a better outcome in the future.
It is also about understanding that, regrettably, a distorted narrative of the past has developed over time. This legislation will help to ensure that more victims and survivors, some 90% of whom are of course victims of terrorist violence, are able to obtain answers about those who caused it.
The person who killed Lexie Cummings, who was murdered in Strabane, escaped across the border with an on-the-run letter. Where is the justice for Lexie Cummings’ family, when his killer has an on-the-run letter, gets away with it and now has a prominent role in a political party across the border? Where is the justice, Secretary of State?
If the hon. Gentleman will bear with me just a few minutes, I will answer that very question very specifically.
I applaud the intent of the Bill and I want to see the end of the harassing of our veterans—people who have served this country well in uniform. My right hon. Friend talks of accountability a lot. Where is the accountability in the granting of immunity to people who have murdered or seriously maimed other people?
My hon. Friend makes a very important point. One of the things that has been clear in talking to victims groups, and obviously one of the challenges of this issue is that different people, even within the same family, can have very different views about what they see as a successful outcome for their family, in terms of finding a resolution, or information and understanding. With that information and understanding, as the Bill will outline, can come accountability. It is right that we have accountability, but as my right hon. Friend the Member for New Forest East, who was Chairman of the Defence Committee, outlined in his report, we cannot have justice in the sense of the punishment fitting the crime following what was done in the Northern Ireland (Sentences) Act. I will touch on that in a few moments.
I am listening carefully to my right hon. Friend. May I ask him a linked question? Is not one of the problems that those who can be pursued through the courts tend to be those who were working on behalf of the Government, because there are records, which are well kept and in huge detail? There is little in the way of records on those who committed terrorist acts, on whichever side of the community. What, in general and specific terms, will happen to the letters of comfort that have caused such chaos in many of those cases?
My right hon. Friend makes the same point, and I will deal with that issue specifically in a few moments.
My message to victims and survivors, many of whom have engaged with us since we published the Command Paper last year, is that we have listened, and carefully. We understand that, no matter how small the prospect of a successful criminal justice outcome, that possibility is something that they do not want to see removed entirely, and I know that, despite the changes we have made, this legislation will none the less remain challenging for some.
I want to say directly to all those individuals and their families that I, and we as a Government, respect the personal tragedies that drive their determination to seek the truth and accountability for the losses that they have suffered. I share that determination. The Government are not asking and would never ask them to forget what they have been through in the name of reconciliation. This is about finding a way to obtain information and provide accountability more quickly and comprehensively than the current system can and in a way that aids reconciliation both for them and for the whole of Northern Ireland.
I am immensely grateful to the many people who have engaged with us, sharing their deeply moving experiences and helping us to understand the sheer frustration and hurt that they feel over the loss of loved ones. Every tragedy remains raw, as we have seen even this afternoon in this Chamber, with the pain of many as strong today as it was on the day it happened.
I have a question about engagement with the Command Paper. The Secretary of State will know that virtually every victims group and every political party had major concerns about that. With whom have the Secretary of State and his officials engaged on the details of the revised legislation? As far as I can see, not a single victims group in Northern Ireland has been engaged with on the details, never mind supports it. The Northern Ireland Human Rights Commission, which the Government have a statutory duty to consult, have not been engaged with. The political parties in Northern Ireland have not been engaged with. So who exactly have the Government engaged with on the Bill before us today specifically?
I do not recognise that description of events from the hon. Gentleman. There has been wide engagement on this, both with the political parties, including his own just last week, and with parties more widely.
The first part of the Bill provides that, for the purposes of this legislation, the period of the troubles is defined as beginning on 1 January 1966 and ending on 10 April 1998—the date of the signing of the Belfast/Good Friday agreement. Part 2 provides for the establishment of a new independent commission for information recovery, tasked with carrying out robust, effective and thorough investigations into the deaths and injuries that occurred during the troubles, for the primary purpose of information recovery.
We recognise the importance of the new commission being able to deliver its functions with absolute independence. This will be crucial to gaining the trust of families, survivors and individuals who decide to engage in the information recovery process. That is why the UK Government will have absolutely no involvement in the commission’s decision-making process. The new commission will have all the necessary policing powers to conduct its own thorough investigations, including the ability to compel witnesses and test forensics. The body will be supported for the first time by a legal requirement for full disclosure from UK Government Departments, security services and arm’s length bodies to make sure that it can gather all the evidence that it needs to establish what happened in each case.
I recognise that my right hon. Friend and the Government are doing their level best in good faith to deal with a sensitive and intractable situation. Does he recognise that the establishment of the Goldstone commission in South Africa, which is not an exact parallel but has similarities, was itself beset by considerable controversy at the beginning, but its ultimate success was largely due to the stature and integrity of Justice Richard Goldstone as its chair? He was a former Supreme Court judge of South Africa and a former prosecutor for the international tribunals in both Yugoslavia and Rwanda, so a man of impeccable integrity and independence. Will my right hon. Friend make sure that, when we look for someone to be the chief commissioner, that is exactly the sort of person we will seek—someone with experience in these jurisdictions, but not necessarily even from the UK jurisdiction? Having someone of that level of standing will be critical, will it not, for the credibility of the decisions that the commission will be entrusted with?
My hon. Friend is right in the example that he gives. I will reference another one later. Operation Kenova has been successfully led and was also regarded with some scepticism at the beginning. It has shown that a piece of work, if properly done by the right people, can gain credibility, acceptance and understanding. My hon. Friend gives a good outline of exactly how this can be taken forward in a successful way for people.
I commend the Government for doing all they can to deal with this sensitive issue—as we have seen today. Having served in Northern Ireland for three tours, I quite understand where the sensitivity comes from. If this commission is going to find the truth, the likelihood is, as my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) has said, that on the soldiers’ side the evidence is there but for terrorists on both sides of the divide, it is not. How are the victims going to get the peace that we all want them to have when the truth is unlikely ever to be found?
My hon. Friend makes a good and important point. He is quite right. One of the challenges is the point about balance that I made a few moments ago. As we go forward it is important, first, that records will be made available in a way that they have not been made before, going beyond what we have done before with a legal duty for the first time on Government Departments, agencies and bodies, which will mean that a whole range of information will be available for the commission to look at. Of course, if people come forward with information, particularly in a demand-led process, as I will outline in a few moments, it will provide an opportunity for people to seek the investigation of crimes by an investigatory body with the right kinds of powers. Those crimes were committed in the vast majority, as he has rightly outlined, by terrorists who went out to do harm in Northern Ireland.
We as a Government accept that, as part of this process, information will be released into the public domain that may well be uncomfortable for everyone. It is important that we as a Government acknowledge our shortcomings, as we have done previously in relation to that immensely challenging period. It is also important, as hon. Friends have said this afternoon, that others do the same. Some families have told us that they do not want to revisit the past, and we must respect that. The new commission will therefore be demand-led, taking forward investigations if requested to do so by survivors or the families of those who lost their lives. The Secretary of State will also be able to request a review, ensuring that the Government can fulfil their obligations under the European convention on human rights.
The Secretary of State used an interesting phrase when he said that others must play their part. On the Northern Ireland Affairs Committee, we have heard evidence of hundreds of people being murdered along the border between Northern Ireland and the Republic of Ireland but the terrorists having then fled to the safety of the Republic of Ireland for sanctuary and stayed there. What assistance, if any, has the Republic of Ireland given? Will any evidence that is gathered there never be made available to the commission in Northern Ireland? Will we therefore have a blindsided, one-sided process that does not allow the Republic of Ireland to be held to account for its covering over and hiding of terrorists for decades?
I know that the hon. Gentleman and other colleagues have previously raised cases with both me and the Irish Government. One thing that was outlined in the papers that were signed off and agreed by me and the Minister for Foreign Affairs in the Irish Government around a year ago was that the Irish Government also committed to bringing forward legislation in Ireland on information recovery, to deal with that very point.
I have not seen it yet, but I hope we will soon see something from the Irish Government to ensure that in both jurisdictions we are working to make sure that people have as much access to information as possible.
Written reports of the commission’s findings will be provided to the families or survivors who request an investigation. The reports will also be made publicly available, to provide accountability by ensuring that wider society can access the commission’s findings and understand and acknowledge the events of the past.
After we published our Command Paper, many individuals and organisations told us that an unconditional statute of limitations for all troubles-related offences was just too painful to accept. They said that we must not close the door on the possibility of prosecutions, however remote the chances might be. We have also heard from those in our veterans community who are uncomfortable with any perceived moral equivalence between those who went out to protect life and uphold the rule of law and terrorists who were intent on causing harm. Of course, there never could be a moral equivalence of that type.
For the reasons I have just set out, we have adjusted our approach to make this a conditional model. To gain immunity, individuals must provide, if asked, an account to the new commission that is true to the best of their knowledge and belief. That condition draws parallels with aspects of the truth and reconciliation commission that was implemented in South Africa, as my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill) outlined. The commission will require individuals to acknowledge their involvement in serious troubles-related incidents and to reveal what they know.
Let me turn to a point made by my right hon. Friend the Member for Chingford and Woodford Green and others. The provisions will also apply to individuals who have previously been provided with the so-called on-the-run letters, or letters of comfort. When issued, those letters confirmed whether or not an individual was wanted by the police, based on evidence held at that time. However, I want to be crystal clear that the letters have absolutely no legal standing and cannot be used to prevent prosecution under this new approach.
On the OTR letters, some of us stated at the time, and have done since, that the only way that the people of Northern Ireland and across the UK will be able to understand and believe that the OTR letters are null and void is when a person in receipt of such a letter stands in a court of law and the judge says, “Irrelevant. The case will proceed.”
I take the hon. Gentleman’s point. That is why I made the point I just made, which I will repeat because I want to be absolutely clear about this: these letters have no legal standing. They cannot and will not be accepted and they cannot be used to prevent prosecution under this new approach. The new body’s investigations will continue regardless of people holding those kind of letters.
I am just going to make a bit of progress.
It is crucial that people with the right level of expertise take the important decisions, as my hon. Friend the Member for Bromley and Chislehurst outlined. That is why a judge-led panel will make the decisions about whether immunity should be awarded, aided by guidance that we will publish prior to any such decisions being made.
The introduction of this legislation is firmly in the context of the Belfast/Good Friday agreement and the decisions taken as a result of that agreement in the name of peace and reconciliation, outlined by others this afternoon, that have already fundamentally altered the criminal justice model in Northern Ireland for troubles-related offences.
Let me ask my right hon. Friend a specific question. If somebody who committed a terrorist act appears before the truth and reconciliation commission and, during that appearance, talks a lot about what happened and names names, including the name of somebody who was involved in such a crime with them but refuses to give evidence to the commission, will the courts use the evidence provided as part of the truth and reconciliation process to prosecute the individual who refuses to testify before the commission?
Yes. I will go further: as we will outline in guidance, people will not be able to benefit if they come forward at the last moment. They have to engage at the point when they are asked. The short answer to my right hon. Friend’s question is yes.
I welcome the fact that after four years and two general election manifestos, the Government have finally brought forward the Bill that they have been promising the House for so long, but will the Secretary of State reassure me and my colleagues on one very important point? There are suggestions that the reconciliation process could take five years or longer. Many of our veterans are in the autumn of their lives, many are in poor health and some may well pass away before we get to that point. Will the Secretary of State reassure me and the House that this legislation, which was advertised as bringing vexatious prosecutions to an end, will not actually institutionalise precisely that problem?
Yes, I can give that assurance. As will be shown throughout the Bill’s passage, we are absolutely determined that it does not institutionalise the kind of problem that we are seeking to resolve, as well as, obviously, looking to deliver for the people of Northern Ireland. I can give my right hon. Friend that reassurance.
I shall take one more intervention and then make a fair bit of progress.
I thank the Secretary of State allowing this intervention. On the matter of the on-the-runs, can he confirm that Rita O’Hare is still wanted by the authorities for her deeds in respect of the murder of British personnel? Can he confirm that an elected representative in Northern Ireland holds an OTR letter?
I am sure the hon. Gentleman will appreciate that I am not going to comment on particular cases, but I will say again that the so-called on-the-run letters have no basis in law and will not prevent or play a part in the process that we are outlining in this Bill. If somebody is in possession of one of those letters, they will still be subject to this legislation and, potentially, to prosecution.
As I have outlined, as a country we have already fundamentally altered the criminal justice model in Northern Ireland for troubles-related offences. We have seen the early release of prisoners under the Northern Ireland (Sentences) Act 1998 and the process of secretly decommissioning weapons, and of course there is already an effective amnesty for those who provide information to the Independent Commission for the Location of Victims’ Remains. Although the Government believe that the difficult decisions taken at those points were absolutely right for the peace process, the overall approach to addressing legacy issues has not since been adjusted to reflect those very decisions.
We cannot simply pretend that things did not happen or that challenging compromises were not rightly made. As a result, the context in which we approach these issues is fundamentally different from that for any other crime across the country. The Bill strikes a balance between a focus on information recovery through an investigative process that is compliant with international obligations, and ensuring that those who choose not to engage will remain liable to prosecution, should the evidence exist. The provisions will apply to everyone equally.
Part 3 of the Bill details the impact of the proposals on ongoing and future proceedings within the current criminal, civil, inquest and police complaints systems. From the date the Bill comes into force, no other organisation in the UK, apart from the new information recovery commission, will be able to take forward a criminal investigation into a troubles-related incident.
Will my right hon. Friend give way on the criminal justice point?
Just a moment.
Any existing cases in which a decision has been taken to prosecute will be allowed to continue to their conclusion. Future prosecutions will remain a possibility for those involved in offences connected to a death or serious injury, if they do not actively come forward. We have listened to the concerns expressed, following the publication of our Command Paper, about active civil claims and inquests, which is why we no longer propose to bring them to an immediate end. Civil claims that had already been filed with the courts before the Bill was introduced will be allowed to continue, but new cases will be barred. Inquests that have reached an advanced stage by 1 May next year, or the date on which the new commission becomes operational, will continue. New and existing inquests that have not reached an advanced stage by that point will not continue in the coronial system, but may be referred to the judge-led commission for investigation.
I am grateful to the Secretary of State for giving way again. Will he help me on two matters? First, will he explain—this harks back to the point made by my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith)—how he envisages the interaction between clause 7, which will set limitations on the admissibility of certain material in criminal prosecutions, and the provision in clause 22 on the commission’s power to refer material? By the sound of it, compelled testimony and other types of material will be excluded, in meeting what I take it will be the full code test that will be applied by the relevant prosecuting authority.
Secondly, has the Secretary of State assessed the risk of satellite litigation by means of legal challenges to the decisions of the commission to make referrals? How will such challenges be dealt with?
My hon. Friend, as ever, makes insightful points. We are cognisant of those things and will go through them in Committee and in the guidance that we will issue. That is why it is important, referring to his earlier point, that this is a judge-led commission, which involves very highly respected investigative individuals in the process.
While addressing the legacy of the past rightly focuses on those most directly affected, it is a sad fact that the troubles have touched the lives of everyone in Northern Ireland, and across the rest of these islands in different ways, including many of those born after the Belfast/Good Friday agreement was signed. It is therefore important that we think of reconciliation and remembering in a societal as well as in an individual context. That is why, under part 4 of the Bill, an expert-led memorialisation strategy will lay the groundwork for inclusive new structures and initiatives to commemorate the tragic events of the past—to help us all collectively remember those lost and ensure that the lessons of the past are not forgotten.
No, I will make some progress.
A major new oral history initiative will be launched. We will want to make this one of the most ambitious and comprehensive approaches to oral history that has ever been attempted, drawing on international models and concentrating on collating lived experiences and testimony and setting them within their appropriate historical context. The public, including academics and historians, will have access to more information than ever before. As well as opening up archives in a major digitisation project, rigorous new academic research commissions will allow for a fuller examination of the conflict than has ever been possible. This will be supported by a new official history, led by independent historians with unprecedented access to the UK documentary record. Consistent with the Stormont House agreement, these provisions will create opportunities for people from all backgrounds, particularly those who may not have been heard before, to share their experiences and perspectives relating to the troubles and to learn about those of others.
The legislation we are bringing forward will implement a legally robust and effective information recovery process that will provide answers to families, uphold our commitment to those who serve in Northern Ireland, and help society to look forward, while, importantly, also recognising that those who chose, or do choose, not to reveal what they know should remain indefinitely liable to the threat of prosecution. We must recognise that, notwithstanding the important changes that we have made to the proposals as set out in July last year, this legislation, I accept, will be very challenging for many.
I thank the Secretary of State for giving way. My hon. Friend the Member for Belfast East (Gavin Robinson) will hone in and focus on this in more detail in his contribution, but there is one point that I want to raise. One of the most difficult aspects of the Belfast agreement was the decision that, if someone was convicted of a terrorist-related offence, they would serve a maximum of two years in prison. Under the proposed Bill, that will now be reduced to zero tariff—no time spent in prison. Where is the incentive in all of this for someone to come forward and to co-operate in a possible prosecution process when they know that, at the end of the day, if they just hunker down for the next five years and say nothing, there is no downside for them because they will never go to prison anyway?
I appreciate the right hon. Gentleman’s point, and I know that it is one that he and his colleagues want to explore over the period ahead, and I look forward to discussing this with them. However, there is a very big difference here with somebody having a criminal prosecution. One thing that has been fed through to us, and one comment that has been made in a number of engagements with different groups and parties, is that it is not necessarily about somebody serving time in prison, which, as a number of colleagues have said this afternoon, no longer necessarily fits some of the heinous crimes that were committed by terrorists during that period. It is about that accountability that comes with a prosecution if one is successful. None the less, I do recognise the point that he has made.
Trust and confidence in the new commission will need to be earned through its actions. As the commendable work of Jon Boutcher and Operation Kenova has proven, this can be done and has been done successfully in that example. As the historic Belfast/ Good Friday agreement approaches its 25th anniversary, now is the moment to move forward in dealing with the terrible legacy left by the troubles, to find answers for families who seek it, to provide accountability for the wrongs done on all sides and, ultimately, to bring understanding to the next generation so that they can move forward in peace in a society that has reconciled itself with the horrors of its past.
This is a hugely significant step towards enabling true reconciliation. In order to enable society to look forward with confidence, letting the status quo continue is just not good enough. Compassion and commitment require honesty about these painful realities and about the difficult compromises that we have already had to make and that we need to make going forward. The moment has come for us all to face these head-on for the sake of the next generation.
The Northern Ireland Office has recently relocated to offices in the centre of Belfast, which is another sign of progress and something that would have perhaps seemed unthinkable 20 years ago. On the building opposite our entrance, there is a quote on the wall that colleagues will have seen as they walk past, or visit, that establishment. It reads:
“A nation that keeps one eye on the past is wise. A nation that keeps two eyes on the past is blind.”
That is our challenge: to see how we can provide families and society with a way to remember and reconcile, but also enable us to look forward and to focus on a better future for all. I commend the Bill to the House.
I am grateful to the Secretary of State for setting out the measures in the Bill. Since the Bill was deemed incoming, I have taken the approach of trying to find common ground, so that we can move forward; the people affected by the subject of this Bill deserve that. I have not at, any point, tried to tribalise or to party politicise the issues here. I wanted to put that on the record now because I will certainly be going on to criticise aspects of the Bill, but that is not what I set out to do in the first place. I thank the Secretary of State’s officials for briefing me on the contents of the Bill last week. Unfortunately, that was before the Bill was published, but I am grateful none the less.
We all agree in this House that we must find a way to resolve the outstanding legacy issues from the troubles. The conflict touched every family in Northern Ireland: more than 300,000 people lost their lives and tens of thousands were injured, and that was among a population of fewer than 2 million. A thousand of those killed were members of the security forces. Terrorist atrocities were also committed in British cities from Birmingham to Brighton.
The hon. Gentleman, for whom I have huge respect, has just misspoken. Three hundred thousand people did not die in the troubles. Three hundred thousand veterans served in Northern Ireland, and 3,500 people lost their lives. I am sure that he will welcome the chance to correct the record on that.
I am extremely grateful to the hon. Gentleman for correcting the record. Three thousand and more lost their lives in the troubles, and I apologise to the House for getting a zero in the wrong place.
The Belfast/Good Friday agreement sets out that
“we must never forget those that have died or been injured and their families”.
In truth, though, victims and their families were left without a clear path to address their personal tragedies through the peace process. The Good Friday agreement was a staggering achievement, but is ambiguous as to how to eventually address the killings committed during the troubles. While this was necessary to reach an agreement to end the conflict, it left victims’ families wanting. In 2015, following years of failings, the five main political parties in Northern Ireland and the UK and Irish Governments signed the Stormont House agreement. The result of months of painstaking negotiations, it provided a comprehensive way forward on dealing with the past. Its centrepiece was the establishment of an independent Historical Investigations Unit, with full policing powers to work through, in chronological order, outstanding troubles-related cases, and a separate independent commission on information retrieval. Despite Stormont securing the support of all elected parties at the time in Northern Ireland, regrettably this Bill jettisons that approach.
Northern Ireland deserves to look forward to a bright future, rather than living in the shadow of its past. That can only happen when those who have lost loved ones no longer have to spend countless hours searching for answers. The UK Government have a critical role to play in building a brighter future by building trust and acting as an honest broker to find a way forward.
Unfortunately, the Bill does not provide victims’ families with a process they can trust. In fact, it deepens their pain and trauma. Its provisions would set up a new body, the independent commission for reconciliation and information recovery, to provide answers to families about what happened to their loved ones during the troubles. All criminal investigations, all inquests that are not at the very advanced stage and all civil actions would cease and be folded into the new body.
The Government argue that, due to the passage of time, we have a duty to empower that body to grant immunity to killers in return for information they have about their actions. There is still the possibility of prosecution for those who fail to provide an account of their actions to the commission, but the bar for immunity is set so low that it is hard to see prosecutions happening in practice. The commission must grant immunity if three conditions are met: the perpetrator requests immunity, they then give an account to the body that is true to the best of their knowledge and belief, and the conduct they describe would otherwise have exposed them to criminal investigation or prosecution.
I must be blunt. Such a low bar for attaining immunity is offensive to the families who have lost loved ones and, in many cases, waited decades for answers. I will illustrate that concern with an example. Raymond McCord was murdered by loyalist paramilitaries in November 1997. His father joins us today in the Public Gallery. There was no coroner’s inquest into Raymond’s murder, no police investigation that involved or reported to his family and no public inquiry. Raymond Sr. went through two court cases to have information regarding his son’s death released. He won, but when he received all the information, he found out that of 303 pages, 296 were redacted. At the same time, his son’s gravestone has been repeatedly vandalised, an action clearly intended to deepen the pain felt by his family.
Across the House, we must consider today whether this Bill offers Raymond’s family as many new rights as it does his murderer. I do not believe it does. Under this legislation, Raymond’s murderer has the right to come forward and, should he tell a basic but realistic account of his crime, he must be given immunity from prosecution—an immunity that stands even if in future that account is proved to be false. He could even go on to write a book about it, and wave at the victims’ families in the street as they pass.
Those are the rights given to Raymond’s murderer, yet nothing in the Bill says that the independent commission must listen to victims, communicate with them or take measures to protect their dignity and health. Those seem pretty basic rights to me, but even that low threshold is not met. The situation I have outlined is not hypothetical. These are real fears that are frequently felt by victims and that cause crippling anxiety. We must be on their side.
Just as disturbingly, the Bill does not prohibit anyone who has committed or covered up acts of sexual violence during the conflict from seeking immunity. Máiría Cahill, who was the victim of years of sexual abuse at the hands of the IRA, has said:
“This bill is, quite simply, disgraceful. Government say they take sexual violence seriously. Yet they are prepared to grant amnesty to those accused of conflict related sexual offences either in NI or England. It is an affront to victims, to justice and is gross hypocrisy.”
Let us be clear what we are talking about here. This Bill could well lead to someone who has committed rape being given immunity from prosecution. None of us can even imagine the impact that such a thing would have on the victim.
I will return to that theme but, before I do, I will talk about how the Government have approached the Bill in the wider sense—namely, the staggering lack of consultation and care given to this incredibly sensitive issue in the way this new Bill was conceived, drafted and is now being legislated. For reference, in 2018 the Government ran a public consultation on the previous legacy proposals, which ran for 21 weeks and received 17,000 responses. That was the right way to handle the issue.
I agree with the words of this Government in 2018:
“In order to build consensus on workable proposals that have widespread support we must listen to the concerns of victims, survivors and other interested parties.”
In comparison, the process for this Bill, with its unprecedented policy of granting immunity for murder and serious violence, has lacked any meaningful consultation at all. The Government published the Bill a mere seven days ago. It is 90 pages long and, in the words of one victims’ group, “heavily legal”. Yet, regrettably, the Northern Ireland Office refused to give detailed briefings to victims’ groups until today’s debate. That has caused not only hurt but confusion about what the Bill is offering. It damages rather than builds trust.
There seems to be a dismissive attitude towards prelegislative scrutiny of the Bill. Let us take the Northern Ireland Human Rights Commission, which was set up by the Belfast/Good Friday agreement specifically to safeguard rights in Northern Ireland. Its advice on the Bill was not asked for, and yesterday it announced that it appears incompatible with our human rights commitments. It read the Bill at the same time last week that the rest of us did. Had it been consulted before—that is, after all, part of the purpose for which it was founded—the Bill could have avoided some of the stinging criticism it is currently receiving.
Similarly, the Bill will have material consequences for the Police Service of Northern Ireland and the judiciary. Both currently manage legacy cases, yet neither seems to have been given advance notice that the Government were planning to strip them of their role with almost immediate effect. The Irish Government, our partners in the peace process and co-signatories to the Belfast/Good Friday agreement, did not see the Bill until it was published. They have now said they cannot support it in its current form.
With the greatest of respect to the Secretary of State, consistent polling has shown that the UK Government are now the least trusted actor in Northern Ireland. Rushing these proposals into Parliament here in Westminster has already damaged the reconciliation we are all aiming for. I understand that the Secretary of State is trying his best to find a way forward, but any proposal to deal with legacy must have victims and communities in Northern Ireland at its heart.
That is absolutely right. It is all about protecting innocent service personnel from the vexatious use of the legal process. As I said in my intervention on the Secretary of State, it is not the punishment, but the process; indeed, the process is the punishment.
In the Defence Committee’s inquiry, we were fortunate to discuss with four eminent professors the applicability of the statute of limitations. Of course, I do not attribute my views to any of them, but I record the then Committee’s gratitude to Professor Sands, Professor Rowe, Professor McEvoy and Professor Ekins. They made it very clear that any statute of limitations had to apply to everybody or to nobody; there could be no legislating for state impunity.
The professors also made it clear that international law required not a prosecution, but an adequate investigation, and that that requirement could be met by a truth recovery process. The one concession that I make to those who have been criticising the Bill is that the Government need to be absolutely sure that the truth recovery process that they propose will stand up to that test in international law.
indicated assent.
I am glad to see the Secretary of State and the Minister of State nodding, because it is essential that the process stand up to the test.
As I said in my intervention on the hon. Member for Gordon (Richard Thomson), we can do one of two things. We can do what the Opposition parties want, which is to go on investigating cases more or less ad infinitum with very few prosecutions and even fewer convictions, but with a miasma of fear percolating among people who know themselves innocent—particularly those who served with distinction in the armed forces, but feel the sword of vexatious legal persecution hanging over them. We can go on with that process in the almost certainly vain hope of convicting a few more murderers, or we can protect those people, but the only way to protect them is by protecting everyone.
That is what we did in the Northern Ireland (Sentences) Act 1998, so the Labour party, which introduced that Act, has no basis on which to criticise a Bill that proposes exactly the same thing, for the same reason: to put an end to this persecution and, perhaps, to increase the possibility that, through the truth recovery process, families will find out more about what happened to their loved ones. One thing is certain: the families are unlikely ever to see the people who killed their loved ones brought successfully to court. Those people are even less likely to be convicted, and even if they were, they would serve only a few months in jail.
Bereaved families are being asked to make a sacrifice, but they are being asked to make it on behalf of a huge number of former soldiers and others in the security forces who deserve to be protected from vexatious pursuit through the courts. That is what the Bill is intended to achieve.
I have huge respect for many of my colleagues in this House, and I have listened intently to what has been said today on all sides on this issue, on a path that I have walked down for seven or eight years now, whether in relation to Iraq, Afghanistan or the unique intricacies of Northern Ireland. I have seen the difficulty with this issue laid bare today. I was the Minister who introduced the Overseas Operations (Service Personnel and Veterans) Act 2021 that brought to a close the Iraq historic allegations team. Everyone understands that if people see someone commit a crime they want them to go to prison. Everyone wants accountability. To pretend otherwise is a huge disservice to the victims and those who serve in the security forces. That is to approach the world and this whole problem—it has been approached this way for the past 25 years—not as it actually is but as we would like to see it. We would all like to see those things. We would all like to have seen decent investigations from back in the day that would withstand ECHR challenge now. We would all like families to genuinely have hope of an understanding of what went on and have answers to their problems, but there is nothing we can do about that now. There is nothing we can do. That is not my opinion; it has been tested to destruction in the courts and the justice system in Northern Ireland.
The process of testing that to destruction has destroyed the lives of some of our people who sacrificed the most for the freedoms and privileges that are enjoyed in that part of the United Kingdom today. I am afraid that colleagues in this space have to get real and stick to the truth and the facts. A number of comments that have been made today are, I am afraid, not true. I dearly love my friend the hon. Member for Hove (Peter Kyle), who is on the Opposition Front Bench. He is a great friend of mine, but what he said about sexual offences is not true. The truth is written in the Bill, and Members can read it.
My right hon. Friend the Member for Skipton and Ripon (Julian Smith) made an incredibly powerful speech, but he mentioned collusion. Collusion has never been proved—[Interruption.] Collusion has never been proved in a court of law. If anyone would like to challenge that, please do so now. The suggestion that it happened is incredibly offensive to those who went out there to try to sustain peace.
I urge colleagues to accept that there are no winners here. There are going to be no winners. There is no social media clip that they can send out to the people who vote for them that will suddenly make them think they are the best thing since sliced bread and ensure they get in at the next election. There are no winners in legacy. It is a mess. The whole thing is a disaster. But we have to do what we can to bring some sort of end, finality and truth to this process for the victims. That is what I want colleagues to focus on.
Some Opposition Members have consistently said in the press that people want individuals to get away with murder and all the rest of it. It is a total load of garbage. I have always been clear, from the outset, and I say it again, that all I have asked for is fairness. All this Government are looking to introduce is fairness to all sides. I have never argued for those who operated outside the law to be unaccountable—I argue the complete opposite, because it is a foundation of our society.
There are those who continue this argument. I go out to the trials in Northern Ireland and they ask why I do not engage with them. It is because they are deliberately propelling a false narrative for political ends. That has gone on for too long in Northern Ireland and failed too many people. I am afraid I will not be part of it. To those people I say again today, as I have said many times before, that uniform in particular is no place for those who cannot adhere to the standards set and maintained by the vast majority of those who serve in Britain’s armed forces. We can find that idea espoused most by the operators themselves.
As I have said, the core of the problem is that people see this issue not as it actually is—a complete mess in which the state has failed families and failed veterans—but as they want to see it and as they want their world to be. If they were totally honest with people, they would say, “Do you know what? You’re not going to get the evidence up to a criminal threshold that means we will convict someone for your son’s murder.” I will tell the House why they have not done that: because it requires a level or integrity and courage that has eluded so many politicians in Northern Ireland. That is the reality that is currently being tested to destruction every day in the courts. It is often said that it is not justice they seek but their version of justice. That is not my opinion; it has been proven a number of times—the evidence gathering was terrible.
If it was my family member, I would be leaping. I would be jumping up and down, absolutely furious if my brother, sister, father or mother had been killed in some of the situations investigated by the British state. The soldiers were not interviewed by the police, they spoke to the Royal Military Police and some of the statements were pre-written. It is a disgrace, and I accept that. People will get away with things they should not get away with. We can bemoan that all we like, make speeches and speak to our home crowd as much as we like, but it is never going to change. I tell you now, everybody knows that is true—the judges who serve on these cases, the prosecutors who promise convictions for bereaved and vulnerable families, the so-called community leaders who pump out this rhetoric without a care in the world for the damage they do to the families who are looking for answers.
Of course, for veterans this must end. They hound old men in courts over in Northern Ireland. Two weeks ago, I listened to what exactly the drills were for a GPMG—general purpose machine gun—weapons system at a particular moment in time 40 years ago. There was an old man on the stand and he simply had no recollection. It is a farce, and I tell you now: it looks appalling for Northern Ireland. It looks ridiculous for Northern Ireland, and it loses the credibility required to bring anybody along in the process. For people like me—who, I reiterate, are not protectors of those who break the law in uniform—it fatally weakens the cause.
Attitudes have changed. We cannot let history’s notoriously heavy hand be an impediment to reconciliation, peace and opportunities in Northern Ireland for the greater good. Truth about the past has an important role to play but, as I have said today and pointed out to individual Members, it is about the actual truth, not their version of the truth, and about all the uncomfortable, messy, bloody and disgraceful actions that occurred. It has to be the truth, not their version of the truth.
I wish to focus my remarks on two key groups: the families of the civilians who died and those who sought to uphold the law in the security services—I will come to the veterans in a moment. I am talking about the real people in this debate. They are not trying to get elected all the time. They are not saying ridiculous things in the Chamber like, “British soldiers went to my town to murder civilians”. They are not saying that sort of thing just to get social media clicks—[Interruption.] That is precisely what the hon. Member for Foyle (Colum Eastwood) said. That is exactly what he said, and it was an absolute disgrace. He is a disgrace to this House. These are real people, and they are not like that. They are real people without answers, without parents, without siblings and without loved ones, some of whom are under threat from almost interminable prosecutions.
I accept that the Bill needs work. The Government must overcompensate for the failures of the past, particularly on transparency. We cannot blanket rule out people finding out what happened to their loved ones because of national security. That has been the situation for too long, and the truth has not come out. Time has passed, and we are in this situation now. We must hand this over to the main protagonists, and chief among them are the team at Op Kenova led by Jon Boutcher. Time and again, I have said that the Government must bend over backwards to show what Boutcher is doing in that investigation, and that it should be lauded in all parts of this House. What he is doing requires really difficult skills, and it must be replicated in this commission, so that victims have confidence in what is being done.
I recognise that many Members have come out against the Bill, despite the fact that it has been in the public domain for only 48 to 72 hours, and I genuinely think that that is a mistake. This is an incredibly difficult space. We have probably a generational opportunity to get this right. Legacy is not an amateur sport. It is not about coming out and saying slogans and thinking that it will all go away—Members on the Conservative Benches have been as guilty of that as anybody else. It will not go away, and to imply otherwise is deeply misleading.
Critical to the success of this Bill is how it is handled by Ministers, and I encourage them in their endeavours. I pay tribute to the Secretary of State for what he has done. When the Command Paper came out, it was clearly rejected—I was probably one of the few on these Benches to come out against it. But the Secretary of State has had the character to look at it and come back with more realistic and better proposals, and he should be commended for that.
Finally, I want to address the issue of veterans. The Good Friday agreement was an incredible piece of work, ending years of bloodshed in Northern Ireland. However, there is no doubt that the issue of veterans was left on the table, and there are some of us who will never accept that. We are not asking for favours; we are asking for fairness.
I thank the hon. Member for giving way. I know that he speaks passionately on behalf of many veterans, and I understand that. He spoke of the Government responding to his concerns. Does he agree that, when the Minister of State rises to respond to this debate later, what we want to hear is a willingness from the Government to consider carefully reasoned amendments to this Bill that take account of very real and genuine concerns that we have about this process?
I agree with the right hon. Gentleman 100%. We have a job here to go down that route. It must be abundantly clear to families in particular that the powers in respect of information held by the security forces sit not with the Northern Ireland Office but with the commission, which has unfettered access to that material. Any evidence that exists must be allowed to have modern techniques applied to it, as is the case under Kenova, to ensure that the truest accounts—not a version of the truth, but the truest accounts—are given to the families. The commission must have the right to speak to anybody who is still alive and could shed light—the barman in Spain, for instance.
Finally, I do want to address the matter of veterans. This Chamber is not packed today. I tell Members now that there is no other country in the world that would treat its veterans like this. I totally get the emotion in people’s speeches—I genuinely do—but the way that this has carried on over the past 25 years is an absolute disgrace.
I promised veterans before I was in Government and when I was in Government that I would do whatever it took to help them—that I would not allow them to be left behind on the negotiating table, or to be left in that “too difficult” column, as has been the case for decades. Those decades have seen lives ruined and lives ended prematurely. The whole premise of a generation’s sacrifice in Northern Ireland has been questioned openly with almost no defence, save from a few hon. Members, some of whom are here today.
I never served in Northern Ireland and I have no relation to that wonderful part of the United Kingdom, but I know the institution that shaped me. While I know the UK’s armed forces will always have their challenging individuals, as any organisation does, and we must do better in holding them to account, the overwhelming sense is one of deep professionalism, humility, courage, integrity and self-sacrifice. Those values have been tested to destruction and beyond. I have personally seen men die in the upholding of those values.
In this journey, one of the most affecting testimonies I have heard—I realise I am going slightly over 10 minutes, Mr Deputy Speaker, but this is important.
Not slightly; you are well over, Mr Mercer.
Okay. I just want those soldiers’ voices to be heard at the end of this. We talked about the two-year limit and the pain that that has caused. Veterans are not stupid. We understand the need for difficult compromise. Peace must prevail and endure; that is ultimately why we sign up in the first place—to protect the peace. However, allowing veterans’ sacrifices to be used as pawns in this political settlement has to end. When I came to this place I could not believe the ease with which those sacrifices were trashed or the ease with which political leaders abandoned those veterans to their foes, who are now invited into government in Northern Ireland, with the full utility of the levers of state at their disposal. Never again must we allow them to rewrite history in their favour.
I say to veterans: the nation is deeply proud of your role in securing peace in Northern Ireland and profoundly grateful for your sacrifice. Whatever happens in the process of this Bill—I urge colleagues on both sides to work with Ministers and I urge Ministers to bend over backwards to get it through—I hope veterans begin to understand that there are some of us in this place who will do whatever it takes to get there in the end.
I will point out one thing at the outset. I am sitting with colleagues from Northern Ireland around me, and while we rarely agree on much—I think they will agree with that—we agree on this. We come at it from different perspectives and we will make different types of speech, but we agree that this piece of legislation goes absolutely against the wishes of the people of Northern Ireland and against the interests of the victims in Northern Ireland. Nobody on these Benches is interested in social media clips or dipping in and out of an issue every couple of months. We have been doing this for a long time; we speak to every single victims group and we try our best to represent them. Some people in this House might not like that, but we will continue to do it.
I have great respect for the Chair of the Select Committee, the hon. Member for North Dorset (Simon Hoare), but he said that there is something in this Bill for everyone. I say this with great respect, but there is nothing in this Bill for the victims and those people who have been left behind by all the perpetrators who destroyed lives and families over many years.
I was interested to hear the comments of the right hon. Member for New Forest East (Dr Lewis). He intimated that we have all been fighting with each other and we need the British Government to come in and sort out the problem for us. That is a fundamental misunderstanding of what happened over many years and many centuries in Northern Ireland. The British Government are no neutral observer in what happened, and they cannot be allowed to make the decisions on behalf of the people of Northern Ireland. We have already agreed how to resolve this issue: it is called the Stormont House agreement. As difficult as that is, as complicated as it has been, that is the only route that has buy-in from all the political parties and two Governments—at least, it used to have.
Before I came into this Chamber, I met for a cup of tea with a man called Michael O’Hare. His sister was called Majella, and she was 12 years old in 1976. She was walking with her friends to the chapel when she was shot twice in the back by a British Army Parachute Regiment member. Michael does not want an amnesty for anybody.
I was reminded of another case in my own constituency by the fantastic and heartfelt speech by the right hon. Member for Skipton and Ripon (Julian Smith), who talked about Patsy Gillespie. The IRA abducted Patsy Gillespie from his house, leaving his wife Kathleen and his family at home. Patsy worked in a British Army base. He was chained to a van full of explosives and forced to drive into that army base on the Buncrana Road in Derry. Patsy was killed along with five British soldiers. The people who carried that out will be freed from any concern as a result of this legislation.
I also wonder about the Ballymurphy families. In August 1971, 11 people were killed by the British Army—by the Parachute Regiment, again. Daniel Teggart was one of the victims. His daughter is called Alice Harper. This is what she had to say recently:
“We identified my daddy by his curly hair. Fourteen times they shot him. The next day they blackened his name and called him a gunman. Two years later, my brother Bernard, with a mental age of nine, was killed by the IRA. We want no amnesty for anyone.”
The Ballymurphy families would never have seen the truth that the world got to see about what happened in Ballymurphy if these proposals had been brought in before the result of that inquest.
We hear that the new system will provide truth for people. Well, Columba McVeigh was 17, from Donaghmore, County Tyrone. He was abducted and killed by the IRA and his body was disappeared. His body has still not been found, despite the fact that the Independent Commission for the Location of Victims’ Remains allows for immunity in these cases. It would have allowed for the IRA to come forward and tell Columba’s family exactly where the body was buried. They have not done that—that is the point.
The idea that this legislation will bring truth to families is absolute nonsense. The pretence from this Government that the legislation is about victims or reconciliation is frankly an out and out lie. This is about politics and a manifesto commitment—about protecting the state, as it always is. It will protect every single perpetrator who committed those crimes in Northern Ireland. I cannot find anybody, apart from Government Members, who believe that this legislation is the way forward. The Queen’s University law school’s model Bill team describe it as unworkable and as breaching international law. Alyson Kilpatrick, the chief human rights commissioner in Northern Ireland, said:
“we are sure that this Bill is substantially, in fact almost certainly fatally, flawed.”
This is an overt attempt to close down access to truth and justice for the victims of our conflict. It rips up the Stormont House agreement—an agreement that people have bought into—and it does not have the support of the parties in Northern Ireland. It has absolutely no support from victims’ groups in Northern Ireland: many have told us in the past few days that they will boycott the processes if they become law.
Others have said that there is no such thing as collusion. I cannot believe that they are still saying that today, given the number of times the police ombudsman has uncovered the fact that there has been collusion in Northern Ireland between the state and paramilitary organisations.
Do you know what? I won’t.
The Bill is attempting to close down the police ombudsman’s opportunity to investigate issues of the past. I wonder why. It is also closing down access to the civil route for families. What happened last Tuesday? The Secretary of State announced that there would be no new civil cases after that day. Families who had been told that they were supposed to be at the centre of this were running around with their lawyers trying to get access to the courts before they closed that day. That is some way to treat the people who have suffered the most!
It is all right for the rest of us, who are still here and doing quite well out of the peace process. The people who have been left behind have been treated shoddily by this Government as recently as last week. People who have waited decades for an inquest and are now in the queue for one are being told that they will not have any opportunity to get the proper truth. If this is about truth, why are we afraid of inquests? I just do not understand it.
This legislation is riddled with Government overdrive and there is nothing independent about how the organisation will be constituted. There is no meaningful article 2 compliant investigation. Frankly, it is a recipe for impunity.
I have heard reference to Kenova. This Bill is not Kenova. It is nothing like Kenova. Kenova allowed proper judicial processes and proper investigation processes so that families and the rest of us could get access to the truth. South Africa, equally, it is not, and that argument has been well debunked.
The Government are telling us they want to see access to truth. Let me tell the House about two cases I know well. Paul Whitters was 15 years old in 1981. He was shot in the head by a police officer with a plastic bullet. Despite promises from this Government given to me, his file has been closed for a further number of years. Mr Deputy Speaker, do you know when that file will apparently be opened? In 2084. He was 15 years old. In the same year, 1981, the British Army fired a plastic bullet that killed Julie Livingstone, 14 years old, in Lenadoon, west Belfast. Her file will not be opened until 2062.
The Government are telling us that they want truth and access to reconciliation for victims, but every single thing they have done—whether this Bill, the Ballymurphy inquest or the Bloody Sunday inquiry—has been to protect the state, to deny access to truth and to deny access to justice for those people who do not have the same ability to protect themselves. I heard we have a new shiny headquarters in Belfast for the Northern Ireland Office. Victims were standing outside it today, protesting these proposals. They were also in Derry and at Downing Street, because they believe—to a man and woman, in my experience—that these proposals are absolutely wrong. Raymond McCord is in the Public Gallery. He has had to fight against the state and loyalist paramilitaries to try and find truth and justice for his son, Raymond.
The question is, do this Government really care about Raymond and all of those victims, or do they simply care about fulfilling a manifesto commitment, protecting the state and protecting paramilitary killers, because that is exactly what this piece of legislation will do if it is passed?
Thank you. My brother William and I used to go down to my cousin Kenneth’s back in the ’60s. My cousin Kenneth was the one who took us shooting. We were introduced to country sports at a very early age, and it is something that I love today. I have introduced my son and my grandchild to it, as well. It is something that he instilled in us. They were different days in the ’60s than they are today and they were in the troubles. I thank my hon. Friend the Member for Belfast East for intervening—I should have said that right away. I remember those days with a real fondness.
Kenneth Smyth and his Roman Catholic friend Daniel McCormick were murdered on 10 December 1971, some 50 and a half years ago. I remember that day like it was yesterday, and probably always will. I know it affected all our family up in Clady and Strabane, where we lived. Clady is a wee village outside Strabane. We have absolutely no doubt that the people who were involved in the murder of Kenneth and Daniel McCormick came from or were associated with that village. I could name the names, but I am not going to do so here. I do not think that it is important to do so, but I do feel that hurt.
Daniel McCormick left a wife and three young children. She got £3,500 from the Northern Ireland Office as compensation for the loss of her husband and the father to her children. How does that give us justice? It does not give me justice, and I do not think it gives anyone in this House justice. What I see unfortunately is legislation that does not take into consideration my position as a victim or that of Daniel McCormick’s wife and family.
The family dispersed almost immediately within months. My cousin Joseph went to America, where he has been all his life, with Mariam his wife and the children they have had. My aunt Isobel sold the farm. My grandmother grieved, as did my grandfather. My grandfather died of a broken heart. That is the story of the victims, whom we do not hear much about—but we should, because that is what is really important and that is what I want to talk about.
I want to talk about the four from the Ulster Defence Regiment killed in Ballyduggan. I speak as a man who loved a chat with John Birch, who was born in Ballywalter and was one of the Ballyduggan Four. I was not there, but I was aware and was around at the time he was born. I remember Steven Smart from Newtownards very well. His dad Sammy and I were best mates and good friends. There was also Michael Adams, who worked in a butcher’s shop while I had the business and I knew him from there. He always knew that he was going to be a soldier and he joined the Territorials, which I was in at that time. I remember that well. Again, I had to fight back the tears when I learned that a 1,000-lb bomb at Ballydugan took his life and the life of Lance Corporal John Bradley, whose widow I spoke to recently. No one was ever held accountable for those victims. The IRA did that and got away. Members will understand what my hon. Friend the Member for East Londonderry said—if there is even a smidgen of possibility of holding them accountable, I want that for my constituents and for the victims I am speaking about.
I am the MP for the son of young John Birch, who came to see me and told me about the grandchildren who his dad would meet only in the next world. He asked me whether he could ever expect to learn who carried out the atrocity that robbed him of his childhood and his role model on that fateful day, 9 April some 32 years ago. This Bill does not give those four victims or their families and children justice, and it does not deliver for them, and I feel incredibly annoyed.
Stuart Montgomery—I knew his dad, Billy, very well; we were friends for many years—was two weeks out of the police training college and was killed by a bomb at Pomeroy along with another police constable. Nobody was ever held accountable. Justice? Not in this Bill. Not for Stuart Montgomery, and not for the others.
I mentioned Lexie Cummings earlier, who was shot by an IRA man when he was having lunch in his wee Mini car in Strabane. He was a member of the UDR. They got the fella, by the way, but the boys made a slight mistake in the summons that meant that when he came to court in Omagh it had to be rewritten. In that time, he got out of the court and on a bike and cleared off across the border. My hon. Friend the Member for East Londonderry knows the story only too well. That guy is now a prominent politician with a Republican party in Donegal, so Members will understand why I feel sore and aggrieved.
I have huge affection for the hon. Gentleman. I can see the emotion and the anguish written all over his face as he talks of his friends who have been victims in the conflict. He wants that 1% or 2% chance of justice, but I ask him with all humility, at what cost? I know that he also feels that aspects of the process are deeply unfair, so at what cost do we keep going down that rabbit hole to get the answers that I know he authentically, genuinely wants to find, but that some Conservative Members feel cannot be found?
There is no price on justice. I am trying, perhaps haphazardly and not with the focus that I should, to put forward the case on behalf of the victims and to explain why the Bill does not deliver that. The seven people I have mentioned—the four UDR men, my cousin Kenneth, Daniel McCormick and Stuart Montgomery—served this country and wore the uniform that the hon. Gentleman wore. They do not have justice, and I feel annoyed.
I will mention some other examples. Abercorn was an IRA atrocity against innocents who were brutalised, murdered or maimed forever. In the Darkley Hall massacre, people who were worshipping God were murdered. Lastly, I think of La Mon because it is in my constituency. Other hon. Members have spoken well and encapsulated what I am trying to say in my raw broken form. People were burned alive in La Mon. They were members of the collie kennel club—they were not soldiers—but they were murdered, brutalised, destroyed. Their lives were changed forever. I remember that day well. Where is the justice for those victims in this legislation? I do not see it and it grieves me to think about it. The IRA commander who was in charge and responsible for the bomb at La Mon was a prominent member of Sinn Féin. He happens to be semi-retired, but he is still there.
I speak as someone who has watched investigation after investigation seem to focus on one narrative or one viewpoint—focused on 10% of the atrocities, and leaving the 90% wondering why their pain and sorrow meant less. I tell you what: the pain for my constituents is no less than anybody else’s pain, nor is mine either. Who has heard the cry of the ex-RUC, the ex-UDR or the ex-prison officer who has been retraumatised by investigations designed specifically to pursue them by republicans to justify the atrocities that were carried out? I speak as someone who understands very well the frustration of the ex-soldiers being called to discuss an event of 50 years ago, when they cannot remember their shopping list for last week. I understand that—I understand it very well.
I speak as someone in this Chamber who has lived through the troubles, and who has intimate knowledge of the pain and despair caused to so many in Northern Ireland, regardless of their religion or political affiliation. My cousin Kenneth served alongside his Roman Catholic friend—they were best friends; one was in the UDR and one had left—and the IRA killed more Roman Catholics in Northern Ireland than anybody else. So we understand the victims, given the way we feel, the pain and soreness we have, and how we are with the things in front of us. I believe this gives me the right to speak in the Chamber with some authority when I say that this Bill does not achieve its aims.
This Bill does not deliver justice, and it does not answer the anguish or grief of the families I speak for or whom I want to speak about. It does not draw a line under current cases. It does not offer justice to my cousin Shelley Gilfillan, whom my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) knows extremely well. She is involved with a victims group up in West Tyrone. She has mourned her brother for 50 and a half years, as have so many others because their cases do not have a live investigation or a firm suspect who can be asked to give information in lieu of immunity. Those murderers are well covered with their on-the-run letters. The gunman who killed Lexie Cummings had an on-the-run letter, and he got across the border and had a new life. Lexie never had a life after he was murdered in Strabane all those years ago. So the House can understand why I just feel a wee bit angry and a wee bit annoyed on behalf of my constituents, and it is because of how they feel that this legislation, for them, does not deliver what it should.
It is a pleasure to respond to this debate on behalf of Her Majesty’s Government. It has been a varied, informed and intensely emotional debate, which is only to be expected, given the subject of the Bill. Words matter—they matter more in Northern Ireland than in perhaps any other part of our United Kingdom. Across the House, we all have an obligation to use our words in a measured way when we deal with these very sensitive issues.
I pay tribute to the victims who have been with us in the Chamber today and to the countless others who are not with us today, or not with us any more at all. I also pay tribute to those who served with such courage and bravery in Her Majesty’s armed forces throughout the years of the troubles, during the sectarian violence that came from both sides of the community in Northern Ireland. Above all, let me pay tribute to the people of Northern Ireland—to all the people of Northern Ireland, who always demonstrate such stoicism, generosity, hospitality and warmth, even in the most trying circumstances.
There is no doubt that the proposals that the Government are bringing forward today are controversial. I accept—as I accepted within my first week of returning to the Government when I was asked to go to the Northern Ireland Office—that there is widespread opposition to the proposals in the Bill. I noted at the time, as my right hon. Friend the Secretary of State has acknowledged, that while there was considerable opposition to these proposals, there was not, conversely, a consensus on what the parties in Northern Ireland would like us to do instead. I say to my friends in all parties—and to members of the parties that are not represented physically in this place, either because those people do not take their seats or because they did not gain election—that it would be within the ability of the devolved Government, the Assembly in Northern Ireland, to take these matters forward if that consensus emerged on the ground and if they wished to do it.
I am encouraged by the consensual tone that my right hon. Friend is striking, and by his search for ways in which to widen the debate. In that spirit—given that he has heard from the hon. Member for Gower (Tonia Antoniazzi) and from the Democratic Unionist party of their strong desire for an extension of the Committee stage on the Floor of the House to allow that wider debate to be had and a wider range of amendments to be tabled—may I advise him to undertake to talk to the business managers about whether we can secure some extra time?
I am grateful to my right hon. Friend, the Chair of the Select Committee, and I shall be saying something about his speech in a moment. We have heard concern expressed on both sides of the House about the amount of time that will be available in Committee. Both the Secretary of State and I are very open to the idea of expanding that, and conversations have already begun with business managers. Subject to their agreement, we would look to provide a little more time—
Will the hon. Gentleman bear with me while I give this commitment?
We would look to try and find more parliamentary time for consideration in Committee, in a spirit of being open to input from Members on both sides of the House. Now I will give way to the hon. Gentleman.
I am grateful to the Minister.
Given that the period between First Reading and Second Reading was so short, and given that consultation was virtually non-existent, would Ministers be prepared to refer the Bill to the Select Committee, or some other forum, for prelegislative scrutiny? I think that that would move us on a little bit.
I hear what the hon. Gentleman says, but the timetabling of today’s Second Reading debate was agreed through the usual channels. I must say to him candidly that I do not agree with his points about a lack of engagement. There has been considerable engagement, much of which has been undertaken directly by the Secretary of State and me, often with groups who did not welcome that engagement being publicised. Much of it, of necessity, took place in private, but I assure the hon. Gentleman that in some of the meetings that I attended, the emotion was heard, and heard very clearly, by my right hon. Friend the Secretary of State and me.
We are tackling this, and I think that my right hon. Friend deserves a measure of credit, because it is an intensely difficult and controversial area for any Government to get involved in. That is why successive Governments have left it alone. The fact that my right hon. Friend worked so diligently on these proposals—and, indeed, the flak that has been taken when we have missed deadlines in order to take the time to try to refine and improve the Bill that we were going to bring to the House today—show, I think, that we were listening. I also pay tribute to my right hon. Friend the Prime Minister: the Government he leads will deliver shortly on the language and cultural commitments that they have undertaken.
I noted the Minister’s claim that the Government had engaged with various victims groups on a private basis. Indeed, there have been media reports that some, allegedly, said something privately that was different from what they have said in public. We all know the main victims groups in Northern Ireland, as do the Government. All of them have made their opposition to these proposals clear in public. Furthermore, they have made it very clear that what they say in public is exactly the same as what they say in private. How does the Minister explain this clear disjoint?
I would describe the “clear disjoint” as not being a clear disjoint, because that was a journalist’s quote which does not reflect what was actually said. Let me also correct a little nuance. I did not say that we were engaging privately; I said that we were engaging in private. We were meeting people who had been victims of terrorism. I myself met victims from republican families in West Belfast—I do not think many Ministers have done this over the years—hosted by the Sinn Féin Member, the hon. Member for Belfast West (Paul Maskey), so it is not true to say that the Secretary of State and I and the member of our ministerial team in the other place—and, indeed, our officials, who have worked so hard on developing these proposals and to whom I pay tribute—have not been listening.
I just want to correct a few points of fact as we begin the closure of this debate. I say gently to the shadow Secretary of State, the hon. Member for Hove (Peter Kyle), on his point about sexual offences that we are very clear that any offences from 1 January 1966 to 10 April 1998 that are not troubles-related can still be investigated by the PSNI and police forces in Great Britain. Troubles-related offences that are not linked to a death or serious injury will not be investigated by this body and will not be subject to the immunity provisions. Only serious and connected troubles-related offences that took place between those dates and that are related to a death or serious injury will be eligible for immunity.
This is a very serious issue and it would be great to clarify this. The model bill team on Queen’s University Belfast’s committee on the administration of justice, who are experts in this area, have said:
“Unusually for such an immunity scheme, there is no specific prohibition on certain kinds of crime, such as crimes of sexual violence. It would therefore appear that applicants who had been involved in rape and other crimes of sexual violence related to the Troubles, or indeed the covering up of such crimes within paramilitary or state organisations, would be entitled to apply for immunity under this bill.”
So this is not just about serious violence. If people who had committed serious violence and rape applied for immunity, would it apply in these circumstances? Let’s just clear this up.
The direct answer to that is no. The proper place for us to test some of these questions will be in Committee, rather than on Second Reading, but I am absolutely clear, as is the Secretary of State, that that is not the intention of the Bill and it will not be a consequence of the Bill.
My right hon. Friend the Member for Skipton and Ripon (Julian Smith) made a powerful speech. I can tell him that the commissioner for investigations and designated officers will have the full sweep of police powers in pursuing their investigations and reviews. These are much greater than we have perhaps so far successfully explained. On the independence of the body, which my right hon. Friend also mentioned, the Secretary of State was clear in his opening speech that Her Majesty’s Government will have no role in the operational work of the body. I would welcome working with my right hon. Friend to find ways to make that clearer as we proceed to the Committee stage.
My hon. Friend the Member for Belfast East (Gavin Robinson) raised a point about consideration of other information when considering whether to grant immunity. The judge-led immunity panel is under a duty to take into account other information in possession, and will therefore have to carefully assess conflicting evidence before deciding whether to apply immunity and whether the person applying for that immunity was in fact telling the truth.
The hon. Member for North Down (Stephen Farry) referred to engagement. What is clear is that there is no widespread consensus on this. Even within families there are differences in how people want this to be treated. That is why the role of the families in engaging with this body will be incredibly important to the body exercising its discretion after its formation. The hon. Member was right to say that honest and effective information recovery would be better with the full co-operation of the Governments of the United Kingdom and of the Irish Republic. I have to say without being misunderstood that I do not think we will be requiring information from the Government of the Irish Republic for veterans.
My hon. Friend the Member for North Dorset (Simon Hoare), the Chairman of the Select Committee, talked about the appointment of commissioners. Other than the chief commissioner, the Government have been deliberately opaque in setting out who else should serve on that, and we are very open to ideas and would welcome them.
Will my right hon. Friend assure me and the House that there is nothing in the Bill that precludes somebody with international status, but who is not a UK citizen, from serving as a commissioner? That would add extra independence, rigour and experience, which would add value to the whole process.
My hon. Friend makes an important point, and he is absolutely right. There is nothing in the Bill that precludes an international person from serving on the body. In fact, it could well be warmly welcomed and add rigour to the body’s credibility, impartiality and independence.
Over the decades, a number of politicians in this House have taken courageous steps to build the peace and stability we enjoy in Northern Ireland today. It was started by Margaret Thatcher with the Anglo-Irish agreement, and John Major built it up. Tony Blair signed the Belfast/Good Friday agreement and David Cameron gave an incredible speech on the publication of the Saville report, which I was privileged to hear in the Chamber. That peace has been hard-fought and hard-won.
Since I rejoined Government in this role, I have visited multiple schools in Northern Ireland in Castlederg, Hillsborough, Armagh, Belfast, Bangor, Craigavon, Saintfield and Newtownards. People questioned why, when education is devolved, I was bothering with schools as a UK Government Minister. I pointed out that kids are not devolved, parents are not devolved and teachers are not devolved. The future of Northern Ireland is in those schools.
Two schools, in particular, stand out in my memory: St Brigid’s College in Derry, in the constituency of the hon. Member for Foyle, and Antrim Grammar School. I visited Antrim Grammar having met a young man at a charity play for the centenary “Our Story in the Making: NI Beyond 100,” which the Northern Ireland Office had the privilege to fund partially. This young man, Chris Campbell, was going into his A-levels, and he was playing Mr Northern Ireland almost 25 years on from the signing of the Belfast/Good Friday agreement—this young man was not even born when Northern Ireland knew the troubles. One line from the play stuck in my mind: “Being divided keeps us united.” When I returned to my primary school in north Belfast, Park Lodge, I was asked—
I hesitate to distract the Minister from his theatrical memories—he is doing very well—but I would like to take him back to the Bill for a split second. I mean no offence, of course.
If people do not choose to be in the reconciliation process, whatever one feels about tightening up how it works, is it feasible to adjust it so that, if they choose the courts or if the courts choose them, they go back to a full-life tariff for committing murder most foul, whoever they are?
It is always a delight to be silenced by the quiet man. We will have to come back to those matters in Committee, but I hope hon. Members on both sides of the House and the Labour Front Bench are hearing, not least in our determination potentially to find more time to consider these matters in Committee, our openness to good ideas from both sides of the House that could improve the Bill.
Will the Minister commit to having another look at the five-year pipeline of inquests so that the Government can assure anybody who has been promised an inquest that those inquests will actually go ahead?
That is certainly something that we will happily take a look at. There is no proposal even in the Bill to bring down the curtain immediately on inquests that are under way. For the sake of finding consensus, my right hon. Friend the Secretary of State and I would be more than happy to look at reasonable suggestions.
I of course welcome the Minister saying from the Dispatch Box that he will look at x, y and z. Does he understand and does the Northern Ireland Office understand that we have to go further and over-compensate for a past that has failed victims? Families do not have confidence and we must commit to a level of transparency and openness. I know that my right hon. Friends the Minister of State and Secretary of State want to do that, but we need to make that commitment from the Dispatch Box, because we have to bring these families with us.
I agree with my hon. Friend that we have to build on the bits of the current framework that are working, but I accept as I know my hon. Friend will concede, that much of it is not working or delivering for victims.
A moment ago the Minister mentioned the word “consensus”. If in the Committee stage there is cross-party support from Northern Ireland on key changes to the Bill, will the Government commit to taking heed of the voices of those of us who represent the people of Northern Ireland?
Given that we are not at this moment negotiating another confidence and supply arrangement, I do not intend to write the right hon. Gentleman a blank cheque from this Dispatch Box, but I will say in the spirit of co-operation and consensus that, if agreement can be reached on ways in which the proposals can be improved, my right hon. Friend the Secretary of State and I and the Government more widely will absolutely look at them.
No, I am going to conclude.
The Northern Ireland that I was born into 50 years ago this year was a place with an atmosphere of violence and conflict that was powerful and overwhelming. Such was that society that when I moved to England to a little village in Hertfordshire called Wheathampstead I told my mother as an eight-year-old boy that I did not feel safe. When she asked me why, I said that the police did not have guns and the Army were not on the streets. That was the normalised Northern Ireland of those days. Thank God those days are behind us.
On the formation of the Northern Ireland Office, Willie Whitelaw was appointed Secretary of State. He went on his first evening in post to speak to a Conservative gathering in Harrow. It is recorded in his memoirs that he said to them:
“I am undertaking the most terrifying, difficult and awesome task. The solution…will only be found in the hearts and minds of men and women.”
Northern Ireland remains a society where facts are contested and divisions are entrenched. We cannot draw a line and we cannot move on. You cannot heal the hurt of human hearts, or the grief of bereaved parents and siblings, but we have a duty to try to find a way not to bequeath this entrenched division to future generations.
In a spirit of partnership, co-operation and compromise, let us head to the Bill Committee and use our collective judgment, knowledge and wisdom to improve the proposition that is before the House today. In that spirit, I commend the Bill to the House.
Question put, That the Bill be now read a Second time.