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Oral Answers to Questions
(2 years, 5 months ago)
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Claire Coutinho (East Surrey) (Con)
The Secretary of State for Education (Nadhim Zahawi)
From this autumn, the levelling-up premium will provide early career teachers in maths, physics, chemistry and computing with a bonus of up to £3,000 tax-free annually if they teach disadvantaged children in disadvantaged schools. That is in addition to tax-free bursaries worth £24,000 and tax-free scholarships worth £26,000.
Claire Coutinho
Maths skills are one of the surest ways to ensure higher future earnings for students, so I welcome this package; it is the right thing to do to try to get high-quality teachers into disadvantaged schools. I also support the specialist maths schools agenda, which ensuring that aim in a different way. Will the Secretary of State update the House on its progress?
Nadhim Zahawi
I am grateful to my hon. Friend for the work that she does to promote maths to girls. I believe she was previously a maths captain—we have a lot to learn from her. We have three great specialist maths schools, with some of the best A-level results nationally. We are on track to have 10 regional maths schools by 2025, including one in Surrey.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
Does the Secretary of State agree that in order really to deliver this provision, we need partnerships with local and regional universities? Does it disturb him that some universities seem to want to go back to the past and only teach science and engineering, and not the arts and humanities? If levelling up is to mean anything, we need universities to be there for local communities.
Nadhim Zahawi
I know that the hon. Gentleman is passionate about the topic, including through his think-tank’s work. He is right that universities, including the Open University, will play a key role. The work that I have witnessed in the collaboration between further education and higher education—the fungibility of both together—in our institutes of technology is equally important to ensure that we produce different runways from which young people’s careers can take off.
Peter Aldous (Waveney) (Con)
Rushanara Ali (Bethnal Green and Bow) (Lab)
The Parliamentary Under-Secretary of State for Education (Alex Burghart)
We want all colleges in England to be able to provide a world-class education, which is why we are delivering our manifesto commitment to offer £1.5 billion to upgrade the further education college estate over the next six years. We have surveyed the condition of FE estates—all colleges received their own survey—and we intend to publish a national overview of the results in the next academic year.
Peter Aldous
Significant investment has taken place and is taking place at East Coast College, with the energy skills centre in Lowestoft and the civil engineering and construction campus at Lound. However, a long-term strategic approach is required to ensure that local people have the full opportunity to acquire the necessary skills for the many jobs emerging in low-carbon energy along the East Anglian coast. Will my hon. Friend meet East Coast College and myself to go through its strategy and agree a plan for its implementation?
Alex Burghart
I thank my hon. Friend for his interest in this agenda. I would be delighted to meet him and his college.
Rushanara Ali
The match funding required for major works is unaffordable for colleges such as New City College. We have two of its campuses in Tower Hamlets, and the college no longer has the facilities to provide the education required for the modern workplace because of redevelopment costs. The maximum grant available through the FE capital transformation fund for this one college is £20 million, but the redevelopment work on the college’s buildings is estimated at £85 million. Will the Minister meet me and the principal of New City College to discuss a way forward, and will the Secretary of State take a close interest in addressing this major outstanding issue for FE college funding?
Alex Burghart
I was delighted to visit New City College during Education World Forum week. I took a number of Education Ministers from across the world there to see its excellent facilities and the wonderful, world-class education it offers its students. I was pleased that it received, I think, £5 million in phase 1 of the FE capital transformation fund. We continue to be in dialogue with the college into the next rounds. I am obviously happy to talk to the hon. Lady and the principal at any time. We are committed to doing whatever we can to make the necessary upgrades and improvements to the FE college estate.
Carol Monaghan (Glasgow North West) (SNP)
Last week, Scottish schools broke up for the summer holidays, so I am sure that Members across the House will join me in thanking the staff for the work they have done and wish all the youngsters a very happy and safe summer holidays.
The Scottish Government have invested more than £800 million since 2007 on the further education estate in Scotland. An equivalent investment in FE in England would be £8 billion, not the £1.5 billion that the Government have committed. Can the Minister detail how the college estate in England will be brought up to the standard of the world class Scottish FE buildings without a far greater investment?
Alex Burghart
In our manifesto in 2019, we said that we would upgrade the FE college estate. We set £1.5 billion aside to do that. I am afraid that I am not in a position to comment on the condition of the Scottish FE estate. It may well be that the Scottish estate was in a considerably worse state of repair after several years of SNP rule.
Chris Loder (West Dorset) (Con)
The Minister for School Standards (Mr Robin Walker)
Improving the condition of schools is a priority for the Department, which is why we have allocated more than £13 billion for that purpose since 2015, including £1.8 billion committed this year. Dorset local authority was allocated £2.3 million to invest in maintained schools this year and there were five successful condition improvement fund projects approved.
Chris Loder
I hope I am not giving my hon. Friend the Minister a headache by keeping on reminding him about The Gryphon School in Sherborne, but it desperately needs its temporary classrooms to be replaced. I shall be grateful to hear from him on that. Furthermore, will he help me with Dorchester Middle School? The school, which is nearly 100 years old, has lodged a bid to replace boilers that do not work, and its bid for capital improvement funds has been rejected. Will he help me with expediting these issues?
Mr Walker
I know that my hon. Friend has passionately and repeatedly made the case to Ministers for investment in replacing temporary buildings at The Gryphon School. Nominations to the school rebuilding programme are being assessed, and we expect to confirm up to 300 schools this year. He will understand that I cannot make commitments to an individual school at this stage. I understand that the Dorchester Middle School submitted an appeal to its unsuccessful condition improvement fund application. All appeals are now being carefully considered, and we expect to announce outcomes shortly.
Bill Esterson (Sefton Central) (Lab)
I know that schools in Dorset applied to the schools rebuilding programme. I know, too, that the Minister appreciates the importance of informing schools of their place on the programme as soon as possible. However, Under-Secretary of State for Education Baroness Barran told me that schools will be informed later this year. Can the Minister say when schools in Dorset and Lydiate Primary School in my constituency will be told whether they will receive the money that they desperately need?
Mr Walker
I recognise that the hon. Gentleman has also pressed the case for Lydiate Primary School previously. The Department has engaged with the school and Sefton local authority, and we are aware that it was disappointed not to be included in the first two rounds of the rebuilding programme. All local authorities, including Sefton Council, were contacted about how they can nominate schools for the next round. We do expect to announce schools that were successful later this year, but some of them will be informed sooner.
Matt Rodda (Reading East) (Lab)
The Secretary of State for Education (Nadhim Zahawi)
We are committed to improving the cost, choice and availability of childcare. We have spent more than £3.5 billion in each of the past three years in the Department for Education on both education and tax-free childcare. On the childcare element of universal credit, we spend between £4 billion and £5 billion each year. Today, we have announced further measures to increase take-up of childcare support and to reduce the cost and bureaucracy facing both parents and providers.
Matt Rodda
The Secretary of State has described the Government policy very eloquently, but given the soaring cost of childcare and the enormous pressure on parents and, indeed, on the sector, would it not be so much better to introduce a childcare recovery plan to invest properly in the sector, giving it the resources that are needed and substantially increasing the funds available, rather than cutting costs and looking at staff to child ratios? Will he also look again at the funding of specific parts of the sector, such as the excellent maintained nursery sector; we have three excellent maintained nurseries in Reading. Will he also consider an independent review into this important sector?
Nadhim Zahawi
On the maintained nurseries, the hon. Gentleman is quite right. When I was children and families Minister, I saw the great work they do. We have announced £10 million of additional support for maintained nurseries. We are investing up to £180 million specifically on early years recovery to address the impacts of the pandemic. That includes £153 million investment in evidence-based professional development for early years practitioners, which are equally important for the sector, because, clearly it is a tight labour market at the moment.
Steve Brine (Winchester) (Con)
I thank the Secretary of State and his excellent Minister for their drive for quality in this sector. Those of us on the all-party parliamentary group on childcare and early education will study carefully the consultation put out today, but can the Secretary of State say what discussions he has had with Ofsted regarding the proposed changes to staffing ratios in early years settings that we have heard about today, and when the Department might be able to publish further details of the wider package of childcare reforms that the Minister for Children and Families alluded to on Sky News this morning?
Nadhim Zahawi
Ofsted has been central to our work and we are consulting on the ratio issue that he mentions. We are also looking closely at childminders, a market that could do with some tender loving care at the moment, and seeing not only how we can help childminders to come into the sector by helping them with fees, but, once they have registered, how we ensure that inspections are proportionate and that they feel they are well rewarded for the work they do so brilliantly.
Helen Hayes (Dulwich and West Norwood) (Lab)
Instead of delivering meaningful reform of their broken childcare system, the Government have announced a consultation on allowing staff in early years settings to look after more children. Pregnant Then Screwed reports that four out of five childcare providers said that changing ratios would not be of any financial benefit to their organisation, and only one in 12 said that any cost savings would be passed on to parents. Can the Secretary of State guarantee that this proposal will make a meaningful difference to the cost of childcare for families—yes or no?
Nadhim Zahawi
If the hon. Lady reads the announcement and the case study we put forward, she will see that if the cost is passed on to parents, it is about £40. Crucially, however, it is not a silver bullet. This is part of a package of measures we are taking, which includes making sure that the 1.3 million people who are not currently claiming their tax-free childcare, where they can get 20% of their childcare or up to £2,000 paid for them, or the childcare element of universal credit, do so. That will make a real difference to them, as well as the consultation—bearing in mind that the consultation is also about ensuring that we continue the drive for quality that this Government have delivered in the childcare system and that safety is paramount for every child.
Mary Kelly Foy (City of Durham) (Lab)
Grahame Morris (Easington) (Lab)
The Parliamentary Under-Secretary of State for Education (Will Quince)
The special educational needs and disabilities and alternative provision Green Paper aims to ensure that the right support is delivered in the right setting at the right time for all children and young people with SEND, including disabled children. To help to achieve that, it proposes nationally consistent SEND standards be set across education, health and care.
Mary Kelly Foy
At a virtual parliamentary event I hosted with the Disabled Children’s Partnership a few weeks ago, I heard from parent carers who had to fight tooth and nail to get the right school for their disabled child, one that met their needs. I have also heard those experiences from constituents in Durham. That is why it is so concerning that in the SEND Green Paper the Government are proposing to stop carers’ being able to specify a school for their disabled child, making the process even harder. Can the Minister outline how families with a disabled child will still be able to get the right education under this proposed policy?
Will Quince
I thank the hon. Lady for her question and I encourage everyone to take part in the SEND review consultation, which will expire on 22 July. The specific point she raises, on the tailored list of settings for parents in our proposal, is absolutely not about reducing costs; it is designed to support parents and carers in making an informed choice about which setting they would like their child to go to. I would be very happy to set out the policy in further detail in a meeting with her.
Grahame Morris
I commend research carried out by the Disabled Children’s Partnership, whose findings are quite disturbing. It is essential that the SEND Green Paper that the Minister refers to improves accountability in the system. I have also consulted with my constituents in east Durham, who say that not only must disabled young people be able to get the support that they need and have a legal right to, but service providers must be held to account when they miss legal targets. What plans do the Government have to directly intervene when service providers do not meet their legal duties in respect of providing health, care and support to disabled young people in their care?
Will Quince
The hon. Gentleman is right that accountability has to be at the heart of our proposals, and everyone who provides support for children and young people with SEND has a responsibility to deliver it effectively. That is why we are creating new national standards, and creating local and national dashboards so that local authorities, organisations and those who provide SEND services can be held to account. He is absolutely right that accountability and redress mechanisms are at the heart of our proposals. This is a consultation, and it is live until 22 July. We are consulting because we genuinely want to hear the views of the sector and all the parents and carers of children with SEND. Of course I would be very happy to meet him.
Sir Mike Penning (Hemel Hempstead) (Con)
My hon. Friend the Minister knows my passion for looking after children and young people around the SEND sector. I welcome the Green Paper and the consultation, because this is a debate that we have needed to have for some considerable time. But the issue in Hertfordshire is going to be around capacity, because the special educational needs schools in my constituency, which are brilliant, are full and double-oversubscribed. This is not all about money—it is sometimes about how it is provided—but there are serious financial problems in Hertfordshire, and I wonder if he would look at that seriously for me.
Will Quince
My right hon. Friend has raised this issue with me on numerous occasions. He is a doughty champion for children with SEND and their parents and carers in his constituency. Of course I will look at this very closely. These are not just words: we are backing this up with £2.6 billion of capital funding to build about 33,000 or 34,000 SEND places across our country, including in Hertfordshire.
Matt Hancock (West Suffolk) (Con)
I thank the Minister and the Minister for School Standards, who jointly hosted a roundtable on how we better identify children with dyslexia. Can I invite the Minister to support my private Member’s Bill, which will have its Second Reading on 16 September, to make sure that we get the data from early screening so that we can identify children’s and young people’s needs and give them the help and support, and the knowledge that they have that support, to enable them to go on to thrive, flourish and make the most of their lives?
Will Quince
I thank my right hon. Friend for all his work in this area. It was a pleasure to join him at that roundtable. We want all children with SEND to get the right support in the right setting at the right time. At the heart of our reforms is early identification, early diagnosis and early support. Of course I will continue to work with him as we develop our plans as part of the review.
Dame Caroline Dinenage (Gosport) (Con)
The Parliamentary Under-Secretary of State for Education (Will Quince)
Losing a parent to suicide is a devastating loss for any child. Our covid response provided additional information to schools on supporting pupils with bereavement, drawing on specialist provision where necessary. Senior mental health lead training will help schools to include this in their pastoral support. We are also expanding specialist mental health support, backed by an extra £2.3 billion per year.
Dame Caroline Dinenage
I was really disturbed to learn recently that there is evidence to suggest that children who lose a parent to suicide have a much greater risk of going on to take their own life as they grow older. With that in mind, I really want to put this on to the Minister’s radar and ask whether any particular suicide bereavement training, resources or signposting is provided to the staff who work in education settings to help them to support children effectively after they lose a family member such as a parent or sibling to suicide.
Will Quince
I thank my hon. Friend for bringing this to my attention. It is indeed a worrying state of affairs. Senior mental health lead training, which is backed by an additional £10 million this year, supports schools to establish a whole-school approach to mental health and mental wellbeing and provide a supportive environment for children experiencing bereavement. This will also include how to identify where staff need further training to understand children’s needs and offer support. However, I understand that we probably need to go further in this area, and of course I would be happy to meet her to discuss it at greater length.
Ms Lyn Brown (West Ham) (Lab)
Cat Smith (Lancaster and Fleetwood) (Lab)
The Secretary of State for Education (Nadhim Zahawi)
We will publish an ambitious implementation strategy later this year following three important pieces of work: first, the independent review of social care—the MacAlister review—and then the Competition and Markets Authority study on the children’s social care market, and the national panel review of the deaths of Arthur Labinjo-Hughes and Star Hobson.
Ms Brown
Many years ago, as a residential social worker, I saw the pain and despair of many children in care, alongside their talents, their ambitions and their amazing resilience. None of this has changed, and we know that the most dangerous and difficult time for a child is the transition into leaving care. Too often services are just cut off and the child is left adrift. Will the Secretary of State promise me today that he will look at what more can be done to provide care leavers with consistent, quality support during and beyond those transitions, enabling them to live with foster families into their adulthood?
Nadhim Zahawi
As the hon. Lady will know—and as she probably remembers from when I was Children and Families Minister—we launched the care leaver covenant, which has made a significant difference to many of our young people in care as they transition out of care. There is also the work we are doing to support those 300,000 families who need that additional support. The work of MacAlister will make a huge difference. The hon. Lady knows that we have “staying put” and “staying close” to help those young people as they transition through, but I give her a pledge that we are serious about implementing the MacAlister review.
Cat Smith (Lancaster and Fleetwood) (Lab)
This weekend, as the Secretary of State will have seen, the Swedish Government announced a review into the profit motive in children’s education. Can he confirm, perhaps with yes or no, that the profit motive must be taken out of the care of our most vulnerable children?
Nadhim Zahawi
I am grateful for the hon. Lady’s question. Part of why I mentioned the Competition and Markets Authority review to make sure that the system is working properly is that it is something I am concerned about. I would focus on profiteering rather than profit, because I think people will want to go into this sector to help children, and I do not have a problem with their making a profit. It is excessive profiteering that I am certainly concerned about.
Paul Maynard (Blackpool North and Cleveleys) (Con)
Councils from across the country continue to send children and young people on out-of-area placements to Blackpool, often with good reason—to keep those children safe—but they do not notify Blackpool Council or Lancashire constabulary that these children are in the area. Often we find out when it is too late and something has gone wrong. What more can the Government do as part of their review of children’s social services to make sure that out-of-area placements made by councils are communicated to the host areas’ statutory agencies?
Nadhim Zahawi
My hon. Friend asks an important question, and he will know that we are looking at how we help local authorities to commission and buy places much more efficiently with the regional care co-operatives. There is also the work of the MacAlister review, after which hopefully out-of-area placements will become a rarity, rather than where we are today.
Nick Fletcher (Don Valley) (Con)
The Secretary of State for Education (Nadhim Zahawi)
The national curriculum states that pupils should read a wide range of books, poems and plays to appreciate our rich literary heritage and to develop a love for literature, as I did as a teenager. That includes pre-1914 contemporary prose, poetry and drama, Shakespeare and seminal world literature. Schools have freedom to select texts meeting those criteria.
Nick Fletcher
Does my right hon. Friend agree that caution is needed with books that encourage a child to question their biological sex and to believe they were born in the wrong body because of gender nonconformity and not conforming to society’s stereotypes? Parents should be able to see what is being shared with children, whether in lessons or the school library.
Nadhim Zahawi
I want to be clear: parents should know what their children are being taught in school. There are clear requirements on schools about providing parents with information about their school’s curriculum. We appreciate that parents have particular concerns about gender nonconformity, which is why we are developing very clear guidance for the frontline for schools to be able to deal with that issue.
Dean Russell (Watford) (Con)
The Minister for Higher and Further Education (Michelle Donelan)
I have been relentlessly focused on this area, allocating £15 million to student mental health services to support the transition from school to university via the Office for Students. I have worked with the Office for Students to deliver and to keep student space and with the Department of Health and Social Care. I held a summit just last week with the Minister for Care and Mental Health, my hon. Friend the Member for Chichester (Gillian Keegan), investing £3 million in bridging the gaps between NHS and university services.
Dean Russell
During Prime Minister’s questions recently, the whole House and the Prime Minister joined in wearing blue ribbons as part of the anti-bullying campaign for the Diana Award. This week I am writing to all schools in Watford to raise awareness of an anti-bullying roundtable I will be hosting for students and teachers to share their experiences of tackling bullying. Will my right hon. Friend share what other measures the Government are taking to tackle bullying and to support students’ mental health more broadly?
Michelle Donelan
My hon. Friend has done an exceptional job of caring for his Watford constituents’ mental health, and I am sure that all hon. Members can get behind and copy his first aider programme. Bullying can have long-term effects on mental health. Between 2021 and 2023, the Department is providing more than £2 million to organisations, including the Diana Award, to support schools to tackle bullying.
Dan Jarvis (Barnsley Central) (Lab)
One in six kids in my constituency struggles with their mental health; it is a deeply concerning situation. What plans does the Minister have to increase specialist mental healthcare support in every school, so that all kids in my constituency have access to the support that they need?
Michelle Donelan
The hon. Gentleman is absolutely right that this agenda is incredibly important, and the Government care passionately about it. As a ministerial team, we are focused on supporting mental health and wellbeing. We are funding training for senior mental health leads in two thirds of state schools and colleges by March 2023 and in all by 2025.
Matt Western (Warwick and Leamington) (Lab)
If I may, I start by offering a warm welcome to students from Myton School in my constituency, who join us in the Gallery.
In a recent survey by the mental health charity HUMEN, 57% of students said that they had access to university mental health services, while the charity Mind reports that one in five students has been diagnosed with a mental health condition. The Minister was appointed two and a half years ago. Can she honestly say that she has successfully dealt with the crisis on our campuses?
Michelle Donelan
We have, of course, had a pandemic in that time. The Government have ensured that we place mental health at the top of the agenda, and we work in partnership with universities to deliver those services. A summit that I held with the Department of Health and Social Care last week shows that we are working in a joined-up way to ensure that no student falls between the cracks.
Gareth Davies (Grantham and Stamford) (Con)
The Parliamentary Under-Secretary of State for Education (Alex Burghart)
We are reforming technical education to ensure that all post-16 students have access to technical options that support progression and meet employer needs. That means that we are creating a generation of technical qualifications designed with employers that will give students the skills that the economy needs.
Gareth Davies
Does my hon. Friend agree that robust technical qualifications, together with fantastic new facilities, such as the new institute of technology at Grantham College, mean that we can finally dispel the myth that a degree is the only path to success in our country?
Alex Burghart
That is absolutely right. I was delighted that Grantham College got £3 million to upgrade its facilities. My hon. Friend is right on the button to say that it is not just “degree or bust”, as it was once described by the Opposition. It is now not just about getting 50% into university and 50% into work; there is a third way called apprenticeships, which are the best of both worlds and lead young people into a new way of work.
Jerome Mayhew (Broadland) (Con)
The Parliamentary Under-Secretary of State for Education (Alex Burghart)
The roll-out of new local skills improvement plans will forge new relationships between employers and the providers of skills to ensure that we have not only the right qualifications but the right qualifications in the right places.
Jerome Mayhew
The Government envisage as many as 600,000 heat pumps being installed every year, yet heating companies in my constituency are struggling to train or recruit sufficient staff for that growth sector. Does my hon. Friend agree that that is a real opportunity for further education colleges to collaborate with local businesses and provide that training?
Alex Burghart
My hon. Friend is absolutely right. Local skills improvement plans, drawn up by employer representative bodies, will start to bring about that collaboration. There are already excellent training options for aspiring heat pump installers, such as the level 3 heat pump engineering technician apprenticeship or the T-level in building services engineering for construction—both of which are backed by Government funding.
Sarah Owen (Luton North) (Lab)
The fantastic Luton Sixth Form College in my constituency is successfully offering BTECs for biomedical science. What is the Department doing to promote that qualification with universities, medical colleges and employers, so that more BTEC students can become the much-needed doctors that we need them to be?
Alex Burghart
I thank the hon. Lady for her question. As she will know, we are currently reviewing level 3 qualifications. The overlap list was published a couple of months ago, and we will be responding to it in the new year. We are going through technical qualifications at the moment to make sure they provide students both with a route into work and with experience while they are studying for their qualification. That is what T-levels are all about.
Mark Pawsey (Rugby) (Con)
Entirely rightly, we are getting more youngsters and young people into training in technical subjects, but at a recent meeting with Warwickshire College CEO Angela Joyce, I learned that it is a real challenge to find lecturers to teach those subjects. What is my hon. Friend doing to persuade businesses that it is in their own interests to release some of their people into colleges to do some of that training?
Alex Burghart
My hon. Friend is absolutely right. These closer collaborations between employers and providers are going to make sure that we have both the workforce and the experience in colleges to give students the skills that the economy needs.
Mr Toby Perkins (Chesterfield) (Lab)
Nine out of 10 T-level providers have failed to meet even the Government’s own modest recruitment targets, and an FE Week investigation found that employers’ refusal to offer work placements was cited as a key reason for that failure. Labour wants T-levels to be a success, but courses in crucial areas such as digital, health and science have the lowest enrolment, and employers and students are being failed. We know that the Secretary of State wears the T-level badge with great style, but does he actually understand why the policy is failing? Can the Minister assure the House that, in 2022, the Government will meet the enrolment targets that have been set?
Alex Burghart
I thank the hon. Gentleman for his support for T-levels in principle. T-levels are going extremely well, and we have very good uptake. The first year of T-levels was conducted in perhaps the harshest circumstances imaginable during covid, but thanks to the hard work of my officials and the hard work of principals, we managed to get almost all students—well over 90% of students—their work placements. If we can do it in the conditions of covid, I think we can do it at other times.
Sarah Green (Chesham and Amersham) (LD)
The Parliamentary Under-Secretary of State for Education (Will Quince)
We are currently consulting on the special educational needs and disabilities and alternative provision Green Paper. This includes our proposal to establish a single national SEND and alternative provision system, setting nationally consistent standards. It will set out how needs should be identified and assessed, and the appropriate provision should be made available to meet those needs.
Sarah Green
I thank the Minister for his answer. I have spoken to multiple parents in my constituency whose disabled children are entering the summer holidays without knowing where they are going to be in September or whether the support they need will be in place because of a lengthy delay for an appointment with an educational psychologist. While I welcome the Government’s announcement about increasing funding for educational psychologists, the 2023 intake is too late to help young people who need this support now. How do the Government intend to tackle the backlog in this support and ensure that the SEND Green Paper addresses the funding gap in disabled children’s services?
Will Quince
The SEND Green Paper will go some way to addressing that issue. I thank the hon. Lady for her question; she is right to say that educational psychologists play a critical role in identifying need and advising on appropriate support through their statutory role in the education, health and care plan process. Since 2020, we have increased the number of educational psychologists and the trainees we fund to more than 200 from 160 per annum, and we recently announced that we are investing over £10 million to train over 200 more from September 2023.
James Grundy (Leigh) (Con)
The Minister for Higher and Further Education (Michelle Donelan)
For the first time, universities will be subject to stringent minimum thresholds for student outcomes on completion rates and graduate jobs. Boots-on-the-ground inspections have begun, and through our transparency drive to give students all the information that they need and a focus on participation and outcomes, we are driving out the pockets of poor quality in our world-leading higher education sector.
James Grundy
Would my right hon. Friend congratulate Leigh College in my constituency on becoming a campus of the Greater Manchester Institute of Technology, offering the opportunity to study degree-equivalent STEM—science, technology, engineering and maths—courses to local students and bringing £13 million in educational investment to the local borough?
Michelle Donelan
I know how hard my hon. Friend has campaigned for that investment. The Greater Manchester Institute of Technology, once open, will play a critical role in filling the local skills gaps in key sectors such as construction, digital and advanced manufacturing, as well as in getting local people high-paid local jobs.
Dame Diana Johnson (Kingston upon Hull North) (Lab)
Holly Lynch (Halifax) (Lab)
Ruth Cadbury (Brentford and Isleworth) (Lab)
The Minister for School Standards (Mr Robin Walker)
This year core school funding increased by £4 billion, which is a 7% per pupil boost in cash terms. I recognise the pressure that rising inflation has created. We are constantly considering what further support we can provide schools to reduce their costs, and any additional support will sit alongside our range of school resource management tools, to help schools save on regular purchases and reduce non-teaching costs.
Dame Diana Johnson
I recently visited Hall Road Primary School, which was built in the 1920s. It is in a disadvantaged part of Hull, but it provides an excellent education to local pupils. The headteacher told me that rising costs in energy were really hitting his limited budget for the school. Is the Minister willing to meet me to discuss what emergency funding could be given to the school to help it, and also so that I can lobby for a new school building?
Mr Walker
As I have mentioned a number of times, the school rebuilding programme will be making announcements about schools that need that, and of course I would be happy to meet the right hon. Lady and hear about the particular conditions in that school. I recognise that much of our school estate faces the challenges of aging buildings, and it is important that we continue to invest to support schools where they can spend to save.
Holly Lynch
I have spoken to local headteachers who report that due to inflation, staffing costs have increased by 12%, with gas costs increasing by 20%, and electricity by 30%. One headteacher said,
“please ask the Secretary of State what am I supposed to cut in order to meet inflation costs: the mental health first aider we’ve had to recruit because of the backlog at CAMHS, or the resources we’ve had to put into a community kitchen because so many children were going without meals? Should I turn off the heating in the winter, or simply cut teaching staff?”
What would the Minister like me to say to that headteacher?
Mr Walker
It is important that we invest to support schools. That is why we are putting in a £4 billion—7%—increase in the funding of schools. The Department also helps schools to get best value from their resources through a range of resource management tools. Those include recommended deals for energy, and support for schools in switching and entering new energy contracts. I encourage schools to engage with that programme, and of course we all want to ensure that those important priorities for schools can be addressed.
Ruth Cadbury
Schools are telling us that standstill funding, inflation and rising energy costs mean that they are having to limit the numbers of healthy options in schools meals. The Government agree with Labour that good healthy school meals are essential for children to thrive, especially as for more and more children the school dinner is their only hot meal. The Minister for Children and Families said about school meals that it was up to schools to “manage their own” individual budgets. Is that the best the Government can serve up?
Mr Walker
Our increases in school funding have been front-loaded to get money to schools rapidly, so this year core schools funding is increasing by £4 billion—a 7% cash boost per pupil. Our national formula also targets that funding towards areas of deprivation. It includes an FSM factor, which means that all pupils on free school meals will attract additional funding. The total amount allocated through deprivation factors in the national formula is increasing by £225 million, or 6.7%, in the next year, compared with last year.
Jacob Young (Redcar) (Con)
The TS6 postcode area in my constituency is one of the most disadvantaged in Teesside, and there are not enough secondary school places for TS6 children this year, next year or the year after that, with kids having to travel miles to the nearest school with capacity. While understanding the inflationary pressures on schools, will the Minister work with me to ensure that there are enough school places for young people in the TS6 area in the years ahead?
Mr Richard Holden (North West Durham) (Con)
Inflation is hitting all schools and colleges hard across my constituency, but unlike academies, councils, schools and other education providers, colleges cannot claim back VAT on supplies and services. Will the Minister speak with officials in other Departments to consider that issue, and to ensure that colleges such as Derwentside College in my constituency are able to do the best they can with the price pressures they are facing at the moment?
Stephen Morgan (Portsmouth South) (Lab)
Skyrocketing energy bills are squeezing school budgets. The latest data suggests that prices have almost doubled in the first quarter of the year alone. With cost pressures putting children’s learning at risk, will the Minister publish the results of his Department’s survey on the experience of schools? When does he plan to bring forward the additional support that schools need to keep the lights on?
Mr Walker
The Department’s analysis of the cost increases that schools face is published annually in the school costs note, and it includes the impact of inflation. That was last published in March, and we will continue to publish it annually.
More broadly, it is important to recognise the additional money—the £4 billion that I have talked about numerous times—going in this year on the back of published figures that show that, at the end of the last academic year, 97% of academy trusts were in cumulative surplus or breaking even, and 92% of local authority maintained schools were in that situation. That was, in both cases, an improvement on the year before.
Kate Osamor (Edmonton) (Lab/Co-op)
The Secretary of State for Education (Nadhim Zahawi)
On 7 June, day two of Arriva’s bus strikes in Leeds, a group of year 10 pupils at the John Smeaton Academy in Leeds faced a dilemma. They had an exam, but their school bus was not running. What is more, they live in a hotel 4.2 miles from the school—that is because they are resettled Afghan refugees. They woke up very early and walked the 4.2 miles to school so that they could sit their exams. Those children are exemplary students. They are very welcome in Britain, and their example should inspire us all and shame those whose striking has jeopardised young people’s futures.
Kate Osamor
The Secretary of State has suggested that it would be unforgiveable for teachers to go on strike. What is unforgiveable is that teachers’ pay has fallen by a fifth in real terms in the past 12 years of Conservative rule. At the same time, they have been crushed under an unsustainable workload, hurting mental health and wellbeing. It is no wonder that seven in 10 have considered quitting in the past year. Will he commit to giving teachers the above-inflation pay increase they so richly deserve?
Nadhim Zahawi
I do not think that any teacher would want to strike after the damage that covid did with students being out of school. In my evidence to the pay review body, I talked about wanting to deliver almost 9%—it was 8.9%—for new teachers this year and a 7.1% uplift next year to take their starting salary to £30,000 a year. My recommendation for more senior teachers was 5% over two years.
Gary Sambrook (Birmingham, Northfield) (Con)
The Parliamentary Under-Secretary of State for Education (Will Quince)
I certainly agree with the SEND commissioner’s recommendations for Birmingham City Council to take responsibility for its SEND provision and rapidly make changes for improvement. I will of course continue to work closely with the commissioner and the council to monitor progress, and the Department will not hesitate to intervene further if Birmingham does not deliver on its plan to implement real lasting change. I have no doubt that my hon. Friend will hold it to account.
Bridget Phillipson (Houghton and Sunderland South) (Lab)
Last week, the Secretary of State’s flagship Schools Bill was left in tatters as he pulled 18 out of 69 clauses. Will he explain whether that was because he was bamboozled by his officials, he did not understand his own legislation, or he planned it all along? Or was it just the incompetence that we have all come to expect?
Nadhim Zahawi
At least I am not missing in action. If the hon. Lady had looked at the detail of my White Paper rather than attempted to play politics with it, she would know that I always promised a review of clauses 1 to 18 because we are taking what is in contract with multi-academy trusts and putting it in statute. I have now launched that review to ensure that we get it right so that clauses 1 to 18 come to this place and the Bill gets through to deliver the outcomes that we all want to see for all children.
Bridget Phillipson
That really is quite hard to believe.
Parents will know that the cost of care is skyrocketing, yet even the Children’s Minister himself—the Under-Secretary of State for Education, the hon. Member for Colchester (Will Quince)—admitted that the changes the Government are considering are
“not going to significantly change costs”.
Labour has already set out how its children’s recovery plan would tackle this vital issue and provide immediate help to families now. What will it take for the Secretary of State to find some fresh ideas that actually address this growing crisis?
Nadhim Zahawi
The hon. Lady again misses the point. The package is not just about the ratios. It is about looking at how we encourage and grow the childminder market, how we ensure the 1.2 million parents who are eligible to get tax-free childcare make that claim and, of course, how we support teachers, both in our brilliant maintained nurseries and across the system, to do much more for the children we want to see them deliver for.
Dr Neil Hudson (Penrith and The Border) (Con)
The Parliamentary Under-Secretary of State for Education (Alex Burghart)
I thank my hon. Friend for his question. He will know that it is local authorities, rather than the Department for Education, that have responsibility for transport to education. I understand that Cumbria County Council already provides some support for travel to college for students who are disadvantaged. It is also possible to top that money up with our 16 to 19 bursary, but I am happy to discuss the matter with him further.
Carol Monaghan (Glasgow North West) (SNP)
The number of graduates owing more than £100,000 in student loans has gone up by more than 3,000% in a single year, with over 6,500 graduates now having six-figure balances. Next year, with inflation, things could be even worse. Will the Secretary of State detail what urgent action he is considering to tackle the huge levels of graduate debt?
The Minister for Higher and Further Education (Michelle Donelan)
As the hon. Member will know only too well, we responded to the Augar report in full a few months ago. We tried to get the right balance in who pays, between the graduate and the taxpayer, so that we have a fair system in which no student will pay back more in real terms than they borrowed. This Government are focused on outcomes, making sure that degrees pay and deliver graduate jobs.
Andrew Percy (Brigg and Goole) (Con)
Nadhim Zahawi
Indeed, the Secretary of State will engage with my hon. Friend on his passion for this subject. He knows we are investing £17 million in the Nuffield Early Language Intervention programme to improve language skills in reception-age children who most need that help. I would just like to also take this opportunity, because I know—
Mr Speaker
Order. Come on, I’ve got to get through these questions. I call Mike Kane.
Mike Kane (Wythenshawe and Sale East) (Lab)
The Minister for School Standards (Mr Robin Walker)
I recognise that the hon. Gentleman has been pressing my noble Friend in the other place on this matter. The case for the high school did not go to the playing field panel in June, because queries requiring further information from the applicant were raised by the Department’s design team. The applicant has been fully updated on the request and the information required. The case should now be going to the panel in September and I will ensure we update him at that stage.
Mr Speaker
I call Robert Halfon, the Chair of the Select Committee on Education.
Robert Halfon (Harlow) (Con)
I hope my right hon. Friend will see this book I have here, “The Children’s Inquiry” by Liz Cole and Molly Kingsley, about the damage to children during lockdown. The number of ghost children is still rising: it has risen by 100,000 to 1.7 million absent children. I know my right hon. Friend set up the Attendance Alliance Group, but the fact is that we need to get those children back to school, and the numbers are rising. What will he do to ensure those children get back to school in September?
Nadhim Zahawi
I am grateful to the Chair of the Select Committee. Those are not just ghost children; they are flesh and blood. We must make sure that we do everything in our power to get them back into school. The national register will identify where those children are, so that we can really focus on that.
Abena Oppong-Asare (Erith and Thamesmead) (Lab)
Michelle Donelan
I am more than happy to meet the hon. Member, but at the heart of our system are fairness and ensuring that our policy and rules are straightforward. I am more than happy to explain that to her.
Andy Carter (Warrington South) (Con)
Will the Secretary of State join me in congratulating the team at Penketh High School on its ever improving standards? Ofsted recently improved its rating of the school, there was the sports gold award last week, and year 9 student Leon Stretton has signed for Warrington Wolves—a huge success in the town. However, the school’s problem is the poor state of its estate. Will my right hon. Friend look carefully at its recent application to improve the standard of the SEND building?
Mr Robin Walker
I very much welcome the success of the school that my hon. Friend has highlighted and will be happy to meet him to discuss the issues further.
Ms Lyn Brown (West Ham) (Lab)
Alex Burghart
The hon. Lady is absolutely right that FE colleges are engines of social mobility, and we are well aware of the pressures that they are under. We are engaging constantly with the Association of Colleges, principals and colleagues across Government to make sure that we can help them.
Sir David Evennett (Bexleyheath and Crayford) (Con)
Does my right hon. Friend agree that improving the quality and depth of technical qualifications is vital to our levelling-up agenda and also to helping everyone improve social mobility?
Nadhim Zahawi
Yes I do. The more runways that we can build from which people’s careers can take off, the better.
Sarah Owen (Luton North) (Lab)
Mr Robin Walker
I recently spoke in a Westminster Hall debate on relationships and sex education, and I made it clear that we regularly review our guidance, both on keeping children safe in education and on safeguarding.
Dr Julian Lewis (New Forest East) (Con)
Do the Government share my concern at the injection of vast quantities of communist cash from countries such as China and Vietnam into our universities—Oxbridge colleges in particular? Will they set up a taskforce to examine the problem and make recommendations?
Michelle Donelan
We have recently added a further clause to our Higher Education (Freedom of Speech) Bill to ensure that there is more transparency when it comes to the donations that our universities receive.
Mary Kelly Foy (City of Durham) (Lab)
Nadhim Zahawi
I am grateful to the hon. Lady. We will wait to see the work of the pay review bodies. We have submitted our recommendation, and we will wait to hear what they say about it.
Huw Merriman (Bexhill and Battle) (Con)
At a roundtable at Heathfield Community College last week, the Secretary of State’s adviser and I heard a number of great ideas from a group of headteachers and governors. One was that there is surely a need for the proposed parents’ pledge, to outline not only what parents can expect from teachers but what teachers can expect from parents. Would that idea help us to help teachers teach?
Mr Robin Walker
We want to ensure that every child across the country has a complete and well rounded education, receiving targeted support where needed. We have made the pledge to parents to make that happen. If a child falls behind in English or maths, they will receive targeted support to get back on track and parents will be kept up to date with their progress. We expect parents to engage constructively with schools and to give support in terms of both attendance and behaviour, which will of course maximise their children’s opportunities.
Mrs Emma Lewell-Buck (South Shields) (Lab)
A total of 800,000 children, more than 35,000 of whom live in the north-east, are in poverty and are being denied free school meals owing to punitive, Government-imposed eligibility criteria. Despite cross-party calls for eligibility to be extended to all families on universal credit, the Government have refused. Why?
Will Quince
About 1.9 million children receive benefit-related free school meals, with provision supporting the most disadvantaged. Eligibility has been extended to more groups of children under this Government than under any other over the past half century, and that includes the introduction of universal infant free school meals and further education free meals.
Ben Everitt (Milton Keynes North) (Con)
With the school holidays cantering up to us, can my right hon. Friend confirm that helping parents with the cost of childcare is a key priority for his Department? What impact does he expect the decision to pay up to 85% of the cost of childcare for those on universal credit to have, as opposed to the 70% that was provided under the previous regime?
Nadhim Zahawi
The purpose of the important package announced today is to ensure that parents on universal credit, or the tax-free childcare element, claim what is rightfully theirs. We are spending between £4 billion and £5 billion on helping parents with childcare.
Stella Creasy (Walthamstow) (Lab/Co-op)
Ministers keep telling us that it is important for parents to claim the tax breaks for childcare. Last year the Government spent just £150,000 on advertising them, saving the Treasury £3 billion. What additional funding has the Department secured for advertising child tax credit spending?
Will Quince
The hon. Lady and I have discussed this before. Today’s announcement was all about increasing accessibility, availability and affordability. We want to see an increase in tax-free childcare. There is going to be a big comms campaign, so watch this space.
Paul Holmes (Eastleigh) (Con)
At the YMCA young carers festival which was held at Fairthorne Manor on Saturday, I learned that there was no central Government guidance for schools on providing support for young carers. Attendance policies can have a detrimental impact on their education and mental health. How will the Minister bring central guidance to schools to help these vulnerable people?
Mr Walker
We are updating our attendance guidance, and I should be happy to meet my hon. Friend to discuss further the specific issue of young carers. Having met young carers groups in my own constituency, I know how important it is to engage with them properly and effectively, and we should do that throughout our school system.
Mike Amesbury (Weaver Vale) (Lab)
On Friday I visited Hartford Manor Primary School in my constituency. Like many schools up and down the country, it is suffering as a result of the escalating cost of energy bills. What are the Minister and the Department going to do about it, as a matter of urgency?
Mr Walker
As I have said many times already, we have put £4 billion in for next year. We want to work with schools to support them. There is support through our school resource management system, and specifically through the “Get help buying for schools” system. We will continue—[Interruption.]
Mr Speaker
Order. Did the hon. Member for Weaver Vale (Mike Amesbury) hear the answer?
Mr Speaker
Will the Minister repeat the answer? I could not hear it for the cheering when the Prime Minister came into the Chamber.
CHOGM, G7 and NATO Summits
(2 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Prime Minister (Boris Johnson)
With permission, Mr Speaker, I will make a statement about the NATO, G7 and Commonwealth summits, held in Madrid, Schloss Elmau and Kigali respectively.
In the space of seven days, I had the opportunity to work alongside more than 80 Governments—nearly half the entire membership of the United Nations—and to hold bilateral talks with more than 25 leaders, ranging from the new Presidents of South Korea and Zambia to the Prime Ministers of Japan and Jamaica, demonstrating the global reach of British diplomacy and the value of our presence at the world’s top tables.
Our immediate priority is to join with our allies to ensure that Ukraine prevails in her brave struggle against Putin’s aggression. At the Madrid summit, NATO exceeded all expectations in the unity and single-minded resolve of the alliance to support Ukraine for as long as it takes, and to explode the myth that western democracies lack the staying power for a prolonged crisis.
All of us understand that if Putin is not stopped in Ukraine, he will find new targets for his revanchist attacks. We are defending not some abstract ideal but the first principle of a peaceful world, which is that large and powerful countries cannot be allowed to dismember their neighbours, and if this was ever permitted, no nation anywhere would be safe. Therefore our goal must be for our Ukrainian friends to win, by which I mean that Ukraine must have the strength to finish this war on the terms that President Zelensky has described.
When Putin claimed that by invading his neighbour he would force NATO away from Russia, he could not have been proved more spectacularly wrong, because the single most welcome outcome of the Madrid summit was the alliance’s agreement to admit Finland and Sweden. I hope I speak for the whole House when I say that Britain will be proud to stand alongside these fellow democracies and reaffirm our unshakeable pledge to come to their aid and defend them if ever necessary, just as they would for us. We were glad to smooth their path into NATO by giving both nations the security assurances they needed to apply for membership, and when I met Prime Minister Andersson of Sweden and President Niinistö of Finland last Wednesday, I told them I was certain that NATO would be stronger and safer for their accession.
Before Putin’s onslaught, both countries had prized their neutrality, even through all the crises of the cold war, and it is a measure of how seriously they take today’s threat that opinion in Sweden and Finland has been transformed. It speaks volumes about Putin’s folly that one permanent consequence of his attack on Ukraine will be a doubling of the length of NATO’s border with Russia. If anyone needed proof that NATO is purely defensive, the fact that two quintessentially peaceable countries have chosen to join it demonstrates the true nature of our alliance.
Now is the time to intensify our help for Ukraine, because Putin’s Donbas offensive is slowing down and his overstretched army is suffering heavy casualties. Ukraine’s success in forcing the Russians off Snake Island by sheer weight of firepower shows how difficult the invader will find it to hold the territory he has overrun. We need to equip our friends now to take advantage of the moment when Putin will have to pause and regroup, so Britain will supply Ukraine with another £1 billion of military aid, including air defences, drones and electronic warfare equipment, bringing our total military, humanitarian and economic support since 24 February to nearly £4 billion.
To guarantee the security of our allies on the eastern flank, NATO agreed in Madrid to bolster its high readiness forces, and we in the UK will offer even more British forces to the alliance, including almost all of our surface fleet. We have already doubled our deployment in Estonia, and we will upgrade our national headquarters to be led by a brigadier and help our Estonian friends to establish their own divisional headquarters. If you follow the trajectory of our programmes to modernise our armed forces, Mr Speaker, you will draw the logical conclusion that the UK will likely be spending 2.5% of GDP on defence by the end of this decade.
Earlier, at the G7 summit, the first full day of talks coincided with a Russian missile destroying a Ukrainian shopping centre, killing at least 18 people. This barbaric attack on an obviously civilian target strengthened the resolve of my fellow leaders to provide Ukraine with more financial, humanitarian, military and diplomatic backing for, and I quote the communiqué,
“as long as it takes”.
That is exactly the term later echoed by NATO. The G7 has pledged nearly $30 billion of financial support for Ukraine this year, and we will tighten our sanctions on Russia. The UK will join America, Japan and Canada to ban the import of Russian gold, which previously raised more export revenues than anything else except hydrocarbons.
The G7 will devise more options for ensuring that nearly 25 million tonnes of grain, trapped inside Ukraine by Putin’s blockade, reaches the countries that rely on these supplies. Just as the world economy was recovering from the pandemic, Putin’s war has caused a surge in global food and energy prices, raising the cost of living everywhere, including here at home. The G7 agreed to
“take immediate action to secure energy supply and reduce price surges…including by exploring additional measures such as price caps.”
We will help our partners in the developing world to meet their climate targets and transform millions of lives by constructing new infrastructure according to the highest standards of transparency and environmental protection. Through our Partnership for Global Infrastructure and Investment, an idea launched by the UK at the Carbis Bay summit last year, we will mobilise up to $600 billion of public and private investment over the next five years.
Many beneficiary nations will be members of the Commonwealth, and I was very pleased to attend the Kigali summit of this unique association of 56 states, encompassing a third of humanity. More countries are eager to join, and we were pleased to welcome two new members, Gabon and Togo.
It is an amazing fact that our familiar legal and administrative systems, combined with the English language, knock 21% off the cost of trade between Commonwealth members. It is because the Commonwealth unites that advantage with some of the fastest-growing markets in the world that we are using the sovereignty that the UK has regained to sign free trade or economic partnership agreements with as many Commonwealth countries as possible. We have done 33 so far, including with Australia and New Zealand, and we are aiming for one with India by Diwali in October.
It is true that not every member of the Commonwealth sees Putin’s aggression as we do, or exactly as we do, so it was vital to have the opportunity to counter the myths and to point out that food prices are rising because Putin has blockaded one of the world’s biggest food producers. If large countries were free to destroy their neighbours, no Commonwealth member, however distant from Ukraine, would be genuinely secure.
The fact that, in a week, the UK was able to deal on friendly terms with scores of countries in three organisations shows the extraordinary diplomatic assets our country possesses. As we stand up for what is right in Ukraine and advance the values and interests of the British people, I commend this statement to the House.
Keir Starmer (Holborn and St Pancras) (Lab)
I thank the Prime Minister for the advance copy of his statement, and I welcome him back to these shores. They say that absence makes the heart grow fonder, so I wish him the best of luck in seeing if that works as a party management strategy.
It has been 131 days since Russia’s illegal invasion of Ukraine, 131 days of war at the heart of our continent, 131 days of Putin trying to make his neighbours cower and 131 days of brave Ukrainian resistance. I have always said that this House, and Britain’s allies, must put aside our differences in other areas and show unity in our opposition to Putin’s aggression. And we have done, driven by the inspiration provided by the people of Ukraine and the leadership and courage of President Zelensky.
As this conflict reaches its sixth month and drags on in eastern Ukraine, it is important that we do not think our job is done. Putin would like nothing better than for us to lose our focus, for the grip of sanctions to weaken, for military aid to Ukraine to dry up or for cracks to appear in the unity of his opponents. So I welcome the progress made at the NATO summit last week, and congratulate our good friends in Finland and Sweden on their formal invitation to join the NATO alliance, and of course Ukraine on securing its candidate status to join the European Union. I hope that these processes can be concluded as quickly as possible to send a clear message to Putin that his war has permanently changed the European landscape, but not in the way he planned.
I also welcome the commitment to strengthen our collective deterrent capabilities. I have seen at first hand how British personnel are working with other NATO forces to ensure that the collective shield that has protected us for three quarters of a century remains as strong as ever. So I welcome the agreement on the new NATO force model, ensuring that over 300,000 conventional troops will be at high readiness across Europe. Can I ask the Prime Minister how this agreement will affect British military planning and whether he believes our extra commitments can be met, given his cuts to UK troop numbers?
The commitment made at the G7 of further financial support for Ukraine is also welcome, as are plans to help Ukraine with post-war reconstruction through an international conference. There can be no clearer case that aid spending makes Britain more secure and prevents the need for military spending in future, which demonstrates the folly in reducing our aid commitments at a time of global instability.
I am pleased that unity was on display at both the NATO summit and the G7 summit, but I am concerned about current unity within the Commonwealth. The Commonwealth is a valuable and important institution for this country. It is not just a symbol of our past; it is important for our future, providing us with influence in all parts of the world. But in recent years, there have been serious signs of strain. When many major Commonwealth countries abstained at the UN over Russia’s invasion of Ukraine, the summit should have been an opportunity to widen the diplomatic coalition against Putin. Instead, the Prime Minister waged a divisive campaign against the Commonwealth leadership that ended in a humiliating diplomatic failure, only illustrating his embarrassing lack of influence.
Instead of investing in aid that strengthens the alliance, the Prime Minister has cut it. Instead of upholding the rule of law that should define the Commonwealth, he reneges on treaties he has signed, undermining Britain’s moral and political credibility, when we need our word to carry trust. My fear is simple: the vacuum we leave behind will be quickly filled not by those who share our values, but by those who seek to destroy them. We cannot let that happen in Ukraine. We cannot let that happen anywhere.
The Prime Minister
I thank the right hon. and learned Gentleman for the terms in which he, broadly speaking, has addressed the UK’s recent diplomatic activity. I have just a couple of points to come back on. He talks about the UK breaking international treaties. I do not know what he is talking about there, but if he was talking about what we are doing in respect of the Northern Ireland protocol, that is not what is happening. We believe that our prior obligation, which I would have thought he supported, is to the balance of the Belfast/Good Friday agreement. That is what we are supporting. He talks about the UK’s ability to win people over. It was striking in the conversations I had with leaders from around the world how few of them, if any, raised the issue of the Northern Ireland protocol, and how much people want to see common sense and no new barriers to trade. What the UK is doing is trying to reduce pointless barriers to trade and one would have thought that he supported that.
On the right hon. and learned Gentleman’s points about the UK’s contribution to NATO and to the new force model, and whether that is sustainable, I suggest that Opposition Members should talk to NATO Secretary-General Jens Stoltenberg about what the UK is producing and committing—it is colossal. We are the second biggest contributor to NATO and the second biggest contributor of overall support for the Ukrainians, providing £2.3 billion in military assistance alone. We are also ensuring that our armed forces are provided for for the future, with £24 billion in this spending review—the biggest uplift in defence spending since the cold war. Defence spending is now running at 2.3% of our national GDP, which is above the 2% target. That is felt around the room in NATO; people know what the UK is contributing and are extremely grateful.
As for what the UK also contributes to NATO, under the new force model, we will contribute virtually all our naval forces. As the right hon. and learned Gentleman also knows, we are the only country to contribute our strategic independent nuclear deterrent to NATO. I still find it a sad reflection of the Labour party that, at this critical time, when Vladimir Putin is sadly using the language of nuclear blackmail, we are in a situation in which the principal Opposition party in this country still has eight Members on its Front Bench who voted to discard our independent nuclear deterrent, including the shadow Foreign Secretary, the right hon. Member for Tottenham (Mr Lammy). Apart from that, I welcome the terms in which the Leader of the Opposition has responded.
Mr Tobias Ellwood (Bournemouth East) (Con)
I very much welcome the Prime Minister’s statement. I ask him: was there general agreement at all three summits that our fragile rules-based order is under threat, and that strategically we have entered a profound era of geopolitical change? I commend his efforts in Ukraine—it is a shame that other NATO countries have not lent as we have—but I encourage him to go further and secure a UN General Assembly resolution to create a humanitarian safe haven around the critical port of Odesa, so that vital grain exports can reach not only Europe, but Africa, to prevent famine there.
The Prime Minister
I thank my right hon. Friend particularly for his point about grain exports. As he knows, the work is being led by UN Secretary-General António Guterres. The UK is doing a huge amount to support but, as I have told the House before, we may have to prepare for a solution that does not depend on Russian consent, because that may not be forthcoming.
Ian Blackford (Ross, Skye and Lochaber) (SNP)
I thank the Prime Minister for the advance copy of his statement, and welcome him back from his travels around Africa and Europe. It is perhaps worth reiterating the support of all of us in this House for President Zelensky and Ukraine in their struggle against the war criminal Putin.
The scale and depth of the challenge facing our global community are self-evident: war in Europe, the return of soaring inflation, rising interest rates, and a cost of living crisis that is punishing people in the pocket. We are faced not just with one crisis; this is an accumulation of crises that needs, deserves and demands a collective response. At moments like this, solutions can only come from a co-ordinated effort. Efforts during the 2007 financial crisis and the co-ordination during covid demonstrate just that right across the world, and none of us should be in any doubt that the crisis that we are now in is every bit as severe, steep and deep as anything we faced at the time of the financial crisis.
I regret to say that so far the collective effort—that sense of urgency—has been badly lacking, particularly from organisations such as the G7. The response has been far too slow and far too small. Prime Minister, it is obvious that the G7 outcomes are nowhere near enough to combat the cost of living crisis that we now face. When can the public expect some leadership and action? When will we see a coherent, co-ordinated and credible plan to increase energy supply, cap prices and drive investment to the global economy before recession becomes inevitable, or is the plan really to delay until the winter, when things will only get worse? Leadership now, in responding to supply shocks, will allow us to fight inflation. A failure to take appropriate action will expose us all to longer-lasting inflationary risks.
On Ukraine, can the Prime Minister go a little further and give us the outlook regarding what we will do to ensure that we can get grain out of Ukrainian ports? Four hundred million people worldwide rely on Ukrainian food supplies. This is now about stopping not just war, but famine.
I am sure the Prime Minister will agree that all these global efforts will work only if there is trust between global leaders. Can the Prime Minister therefore explain, in this moment of many crises, how breaking international law and threatening to start a trade war with our neighbours helps anyone?
The Prime Minister
The right hon. Gentleman should look more carefully at what the G7 produced in terms of the plan to cap prices for oil and gas and particularly to try to stop Putin profiteering, as he currently is, from his illegal war. There is a plan. I will not pretend that it is going to be easy, but we are doing as much as we can. We are certainly taking a lot of other action, for instance, to help countries around the world with access to the fertiliser they need. He is right to raise the issue of the 25 million tonnes of grain currently held hostage in Odesa. There is a plan to get that out. It is not easy. If he looks at the numbers, though, he will see that we are gradually getting more grain out of those Ukrainian silos and into Europe and into Africa, and we will continue to do that.
As for the right hon. Gentleman’s final point about the UK and the so-called breach of international law, I repeat what I said to the right hon. and learned Gentleman, the Leader of the Opposition: what the countries around the world see is the UK offering consistent leadership in the matter of standing up for the rule of law and standing up against Putin’s aggression. I promise him—that is what has been raised with me in the past 10 days.
Alec Shelbrooke (Elmet and Rothwell) (Con)
I congratulate my right hon. Friend on the leadership that he has shown in the past week and welcome his commitment to our Royal Navy forces being part of NATO. As the Defence and Security Committee of the NATO Parliamentary Assembly starts its two-year investigation into the Russian maritime threat, does he see ongoing support of the Royal Navy in the long term, and what conversations has he had with other NATO allies to increase their maritime support for this vital mission?
The Prime Minister
I congratulate my right hon. Friend on his work for the NATO Parliamentary Assembly, which was mentioned to me at the summit. I can tell him that the UK is leading the NATO alliance in providing for the new force model in our naval commitment, and we are trying to encourage others to do the same.
Hilary Benn (Leeds Central) (Lab)
Further to the question from the right hon. Member for Bournemouth East (Mr Ellwood), the Prime Minister will know that time is running out to get grain to the hundreds of millions of people who will be facing destitution and hunger, as the Secretary-General has warned. Can he tell us who will provide the security guarantees to Ukraine? The fear is that, if we open a sea corridor, the Russians will seek to use it to attack Odesa. Can he confirm that it is to Turkey that the world is looking to provide those guarantees, so the grain can get out before the moment is lost?
The Prime Minister
The right hon. Gentleman is completely right: the Turks are absolutely indispensable to solving this. They are doing their very best and I thank President Erdoğan for all the efforts that he is making. It does depend on the Russians agreeing to allow that grain to get out. The UK is offering demining facilities and insurance facilities for the vessels that will be needed to get the grain out. He is right about the urgency. We will increasingly have to look at alternative means of moving that grain from Ukraine if we cannot use the sea route—if we cannot use the Bosphorus.
Dr Julian Lewis (New Forest East) (Con)
Does the Prime Minister accept that, before there was a shooting war in Europe in the 1980s, it was right for this country to spend 5% of GDP on defence and, if he does, why does he think it is adequate for us to spend only half that percentage by the end of this decade?
The Prime Minister
My right hon. Friend has campaigned on this issue for years. I think we will have to spend more. Logically, Mr Speaker, if you protract the commitments that we are making under AUKUS and under the future combat aircraft system, we will be increasing our spending very considerably. What we want to do is to make sure that other allies are doing the same. That is most important. That is why Jens Stoltenberg is, we hope, going to set a new target and allow the whole of the alliance to increase its funding.
Ed Davey (Kingston and Surbiton) (LD)
While the Prime Minister was talking about British values at three international summits, he was whipping Conservative MPs to vote to trash one of our greatest British values, the rule of law. While he was talking about increasing defence spending, he was ploughing ahead with plans to cut the British armed forces by 10,000 troops. While he was talking about the problem of global price rises, he was raising unfair taxes on millions of pensioners and families across our country. We are facing a domestic economic crisis and a global security crisis, and the Prime Minister is facing his own political crisis. Can he tell the House precisely what his plan is to take our country forward?
The Prime Minister
I am very happy to tell the right hon. Gentleman, since he asks, that our plan is to help the people in this country with the cost of living, as we are, with £1,200 coming in to people’s bank accounts this month, which we can do because of the sensible economic steps we have taken in coming out of the pandemic, and then to build a stronger economy with reforms to our planning, our housing, our transport and our energy networks. We will take down costs for people up and down the country and continue to make this the best place to live and invest in in the whole of our hemisphere. That is our plan for the country, and I commend it to him.
John Redwood (Wokingham) (Con)
Western purchases of Russian energy are paying for Putin’s war. Will my right hon. Friend redouble his efforts to ensure that we invest in more production and output of oil, gas and electricity here, to make our contribution to reducing western dependence?
The Prime Minister
Yes. I think the UK can be very proud of the way we have moved beyond hydrocarbons in so many areas, but we must recognise the limits and the pace of what we have achieved, and be less neuralgic about using our domestic hydrocarbons, particularly when the alternative is just to import them from abroad.
Chris Bryant (Rhondda) (Lab)
It is 3,056 days since Putin started his illegal invasion of Ukraine, and we spent far too long turning a blind eye to what was going on there, so forgive me if I am a little impatient even about what we have already achieved. I want to see a British industrial strategy to ensure we are making enough lethal weaponry to give to the Ukrainians so they can win. I want to see a major diplomatic effort to ensure that Putin does not make further inroads in Republika Srpska and Bosnia. I also want to make sure that we as a country are still as focused on the laundering of dirty Russian money through the City of London as we should have been 10 years ago.
The Prime Minister
As the hon. Gentleman knows, the UK led the way in Europe in supplying weaponry to Ukraine, and the next generation light anti-tank weapons were of great importance. When it comes to sanctions, we have a new economic crime Bill coming in that will help us to clamp down further, but what we have done already is very considerable. The squeeze is being felt by Putin and his economy, and we will continue to apply it. The hon. Gentleman asks for a long-term strategy: what he got from the G7 and NATO was a commitment to stick to the course for as long as it takes, and that is what we are going to do.
Mr Mark Harper (Forest of Dean) (Con)
When the Prime Minister’s remarks at the NATO summit were reported last week, the commitment to spending 2.5% on defence appeared to be quite solid. His remarks today are less so. Is that a commitment, and how are we going to pay for it? We have to have a credible plan to pay for it. Are we going to put up taxes, or are we going to reduce expenditure in other areas to deliver what is a welcome and important commitment to the defence of the United Kingdom?
The Prime Minister
It is a straightforward prediction based on what we are currently committed to spending under the AUKUS and future combat air system programmes. They are gigantic commitments, which I think are the right thing for the UK, and they will take us up to that threshold. Of course, much depends on the size of our GDP at the time and the growth in the economy. My right hon. Friend asks how we will pay for it: we will pay for it out of steady and sustained economic growth, as I said to the right hon. Member for Kingston and Surbiton (Ed Davey).
Joanna Cherry (Edinburgh South West) (SNP)
The Northern Ireland Protocol Bill, the Northern Ireland Troubles (Legacy and Reconciliation) Bill and the Bill of rights are all Bills that numerous informed commentators and cross-party Committees of this House have said threaten to breach our international treaty obligations. The Prime Minister indicated to the Leader of the Opposition that last week some of his interlocutors, at least, had raised these issues with him. All of us who have travelled abroad on parliamentary business recently will have had these issues raised with us. So can he tell us exactly what concerns were raised with him over the past week about his Government’s disrespect for the international rule of law and human rights, and what he is going to do about it?
The Prime Minister
I can absolutely tell the hon. and learned Lady that not a single person said that the UK was in breach of international law. On the contrary, they said that we were helping the world to stand up against breaches of international law.
Johnny Mercer (Plymouth, Moor View) (Con)
The Prime Minister should absolutely be congratulated on what he has done on defence spending. While many in his position previously talked about it, this is actually the biggest increase since the end of the cold war. However, will he confirm that no directive has been issued from No. 10 or the Treasury on numbers of defence personnel, and that that will continue to be the case going forward should the situation change?
The Prime Minister
My hon. Friend speaks wisely on this matter, which he knows very well. We keep the actual numbers under constant review. The most important thing is that our troops are the best in the world but they also have to have the best equipment in the world, and that is what we are paying for.
Liam Byrne (Birmingham, Hodge Hill) (Lab)
I was relieved to see the G7 recognise that 200 million people now face starvation around the world, along with the pledge to mobilise £100 billion in IMF special drawing rights to help to alleviate the crisis. Last week, however, the Foreign Secretary could not tell us how much the UK has been given in special drawing rights nor what her target was for sharing them back—presumably because it was not on Instagram—so can the Prime Minister help us? Can he reassure us that all £19 billion of the UK’s new special drawing rights will be shared to help with this crisis in order to set a good example to the rest of the world?
The Prime Minister
The right hon. Gentleman is absolutely right to draw attention to the use of special drawing rights. We are supportive of using those for the benefit of people around the world who are currently finding things very tough.
James Gray (North Wiltshire) (Con)
I strongly support the Government’s commitment to 2.5% and the Prime Minister’s hint in this statement that we may go further than that in the years to come. None the less, although last year’s integrated review talked about cutting conventional forces—tanks, aircraft and boots on the ground—one of the lessons of Ukraine is that we must not do that, so will he think again about the commitments we have made to cutting, in particular, our infantry?
The Prime Minister
I know that my hon. Friend has military experience himself, but what we are learning from Ukraine is the vital importance of having troops with a military operation that has 360° protection and the best possible equipment. That is a lesson that the Russians are learning to their cost themselves.
Stella Creasy (Walthamstow) (Lab/Co-op)
The Prime Minister will have heard the deep concern on both sides of the House, particularly from the right hon. Member for Bournemouth East (Mr Ellwood) and my right hon. Friend the Member for Leeds Central (Hilary Benn), about grain in Ukraine and the issue of world hunger and poverty. The Prime Minister said in response that he was talking about the possibility of seeking a solution that may not have the consent of the Russians. For the avoidance of doubt, can he confirm to the House that he is looking at breaching the Montreux agreement about larger forces in the Black sea?
The Prime Minister
The hon. Lady is right to raise that. No, we are not looking at doing that. There are alternative solutions that do not involve the presence of UK or other warships in the Black sea, although they might involve a tougher approach. We are also looking at the possibility of using the rivers, particularly the Danube, and the railways to get the grain out in smaller quantities than we would be able to do with a giant maritime convoy through the Black sea. We are looking at all the options, including smaller packets of grain coming out in that way.
Jane Hunt (Loughborough) (Con)
My right hon. Friend stated that
“Ukraine must have the strength to finish this war on the terms that President Zelensky has described.”
Are we confident that all our allies are as involved and supportive as the UK has been and continues to be for as long as it takes?
The Prime Minister
I think the answer to that is yes, because every time we go to one of these summits and we think that the alliance is friable and that the strength of the pro-Ukrainian coalition is weak, people gravitate towards the centre and towards what the UK is saying because there is no alternative: Putin is not offering any kind of deal, and President Zelenskyy cannot do any kind of land-for-peace deal. There is no other option for us but to continue to support the Ukrainians in the way that we are, and that is why the unity remains so compelling.
Christian Matheson (City of Chester) (Lab)
I absolutely understand that the sanctions regime so far has focused on the Russian elite, with travel bans and bans on the export of luxury goods, for example, as well as Russian hydrocarbons, which earn them so much foreign exchange money. As the war continues into the longer term, should we not, as my hon. Friend the Member for Rhondda (Chris Bryant) said, look at the Russian money still sloshing around in the UK? If somebody has made a large amount of money in Putin’s Russia, should we not assume that the chances are that it is dodgy and start to tighten the domestic sanctions regime?
The Prime Minister
The hon. Gentleman is right that we have to keep tightening the noose the whole time. The Economic Crime and Corporate Transparency Bill will help. It will give us new powers to seize crypto assets and new powers over money laundering. One thing he will have spotted at the G7, which was very important, was the new sanctions on Russian gold worth £13.5 billion, which I mentioned in my statement. That will hit them.
Bim Afolami (Hitchin and Harpenden) (Con)
I welcome what the Prime Minister has said about working with other countries to reduce the price of oil and gas, which is critical in this country and across the world. Will he give the House a bit more detail on how we have been working with other countries, particularly in the Commonwealth, on investing in renewable energy, which is clean, safe and secure and reduces our dependence on hydrocarbons over the medium term?
The Prime Minister
The answer is that the UK is making massive investments in Commonwealth countries. In the G7, the partnership for global infrastructure and investment helps developing countries around the world to move forward and to make the leap ahead to green technology, and to take investment from the UK—and not perhaps from others who are busier in getting them to pay their debts.
Neale Hanvey (Kirkcaldy and Cowdenbeath) (Alba)
I have listened carefully to the Prime Minister’s warm words about the Commonwealth and its relationship with independent countries. In 1941, it was the then Prime Minister Churchill who signed the Atlantic charter with the United States, committing Britain and the United States to delivering people’s right to choose their own form of government and self-government. This respect for the principle of equal rights and the self-determination of peoples was incorporated into the United Nations charter in paragraph 2 of articles 1, 73 and 76. In light of that, can the Prime Minister set out what mandate he has won that allows him to breach this UN principle, deny Scotland’s claim of right and hold Scotland’s democracy hostage?
The Prime Minister
I know that the First Minister has asked for another referendum, and I just point out that we had one in 2014. Right now the priorities of the country should be rebuilding after covid and taking us forward together as a united country, and that is what we want to do.
Sir Edward Leigh (Gainsborough) (Con)
Ukraine is by far the most important issue facing us, not least in terms of preventing mass starvation in Africa. One cannot help noticing that unlike all the other fluff in the newspapers every day, nobody dares criticise the Prime Minister’s resolute leadership on Ukraine. What concerns many of us is that some of our allies do not seem to be as resolute as he. While they will give full support to Ukraine not to lose this war, they are not that keen on Ukraine winning this war, because they do not want to humiliate Putin. Can the Prime Minister make clear that it is the absolute commitment of NATO to defeat Putin once and for all?
The Prime Minister
I agree 100% with what my right hon. Friend said, with just one clarification: it is 100% the objective of NATO, and all our friends and allies, to make sure that Putin fails in Ukraine—it is very important that we frame it in that way—and he can and he will, because the Ukrainians will not have it any other way.
Barry Gardiner (Brent North) (Lab)
Rwanda and the UK hosted the “Keeping 1.5 Alive” event in Kigali, but at the same time, the latest Intergovernmental Panel on Climate Change report said that the requirement—the opportunity—to keep within 1.5° had now shifted forward from 2032 to 2025. Given that most major emitters in the G7 are not even meeting the Paris commitments that they made seven years ago, what realistic chance does the Prime Minister believe there is of the G7 stepping up to the plate in the next three years to achieve that turning down of emissions?
The Prime Minister
If the hon. Gentleman looked at the G7 communiqué, he would see that there was an explicit reference to making sure that anything we did was within our COP26 commitments to keeping 1.5° alive and to the commitments made in Paris.
Crispin Blunt (Reigate) (Con)
I strongly welcome the Prime Minister’s statement. In my time in the House, I cannot recall a foreign affairs statement in which the serving Prime Minister could take more personal satisfaction than the one that he has just delivered to the House. His leadership of NATO and the welcome conclusions of the NATO summit only reinforce the fact that, as the Leader of the Opposition said, what Mr Putin wants is for us to lose focus. Will the Prime Minister sustain his focus; get the grain out of Ukraine to meet the desperate need of the rest of the world; and ensure Ukraine’s survival as a sovereign state?
The Prime Minister
I thank my hon. Friend. That certainly remains the Government’s objective. I stress that what we are doing to support the Ukrainians is not just right in itself, as everyone accepts, but right for the world. That is why it continues to be supported around the world.
Mrs Emma Lewell-Buck (South Shields) (Lab)
The NATO summit rightly identified that Russia and China challenge our security. China continues to make clear the territories that it disputes in the Indo-Pacific. As war rages in Ukraine, concerns for the west’s ammunition stockpiles are growing, and the Prime Minister continues with plans that will see capability gaps in our Navy with fewer planes, tanks and troops. Without a drastic rethink of those cuts, how realistic is the UK’s desire in the integrated review to have a presence in both the north Atlantic and the Indo-Pacific?
The Prime Minister
Actually, at the Commonwealth summit, the most interesting thing was the widespread understanding of what the UK is doing in the Indo-Pacific tilt and the moves we are making to engage with that part of the world and strengthen our friends and allies in that region. Hon. Members saw what we did with the carrier strike group—an absolutely astonishing exercise—and know about the AUKUS commitment that we have made. We are in the embassies in that part of the world and are increasing our deployments there as well.
Robert Jenrick (Newark) (Con)
The single most impactful thing that we could do now to bear down on the cost of living would be to encourage OPEC, in particular Saudi Arabia, to pump more oil. What will the Government do to encourage our partners, such as Saudi Arabia, to do that? The Saudi Arabian oil Minister recently said that the relationship between Saudi and Moscow is
“as warm as the weather in Riyadh”—
a provocative statement that was probably influenced by our continued negotiation with Iran on a nuclear deal. Could the United Kingdom Government take a lead on that?
The Prime Minister
My right hon. Friend is correct about the role of Saudi. There may be some question about how much more the Saudis could pump out at this moment, but there is no doubt that we will need a lot more OPEC-plus oil. As hon. Members know, the UK has strong and productive relations with Saudi Arabia, which need to continue, and we need to make sure that the whole west does as well. We make that point to the Saudis. That is the way forward; they need to produce more oil—no question.
Mr Barry Sheerman (Huddersfield) (Lab/Co-op)
May I say to the Prime Minister that there is some good stuff in what he has reported and he should be applauded for that, but there are other things that are deeply worrying and concerning? I come from quite a military family—I saw little of my father until I was six because he was away serving in the Royal Engineers during the war—and I tell you that I take a real interest in the size of our Army. Over the last 10 years, I have consistently said to Ministers and Prime Ministers that dipping below 100,000 serving men and women is dangerous and foolish. Whatever the warm words this morning, the fact is that his Government are still committed to going down to 72,000 men and women, and that is not enough to fully protect our country. Will he think again about the size and power of our Army?
The Prime Minister
I thank the hon. Member very much. I want to say that I perfectly understand why he speaks as he does, but the reality is that the UK Army—the Army alone—will have a whole force of over 100,000: 73,000 plus 30,000 reserves. The key test is: what are they doing and how are they equipped—how are they protected? They are the best in the world, but we also want to make sure that we give them the best possible equipment, and that is what we are doing. If you listen to the Ukrainians, they will tell you that our equipment is the best.
Rehman Chishti (Gillingham and Rainham) (Con)
The Prime Minister has said that the world has seen the United Kingdom
“stand up for what is right in Ukraine”,
and that is standing up for freedom, liberty and human rights. Tying that to the Commonwealth, the Prime Minister has said that some countries in the Commonwealth were concerned about the narrative of what Russia is doing in Ukraine, but at the same time, a number of those Commonwealth countries are listed in the “World Watch List 2022” for their record on freedom of religion or belief. Was there any discussion on that, because tomorrow the United Kingdom is hosting a ministerial on freedom of religion or belief? I had the pleasure to sign that off in my time as the Prime Minister’s special envoy, and now he is committed to this area. Was there any discussion on how we can advance freedom of religion or belief in the Commonwealth?
The Prime Minister
First, may I thank my hon. Friend very much for everything he did as envoy for freedom of religion or belief? It is at least partly thanks to his energy and efforts that we have a global conference in this city this week on freedom of belief around the world. I can tell him that one of the many things that unite the Commonwealth is a passionate determination to protect that freedom.
Layla Moran (Oxford West and Abingdon) (LD)
Clamping down on Putin’s cronies and their money—far too little, too late, but nevertheless we are getting there—has I think been one of the positives of this war so far. I am glad to hear the Prime Minister say that he is committed to the economic crime Bill 2 and all the measures in it, but I want to ask him specifically about golden visas. Four years ago, the review of golden visas was promised, but it has not been delivered. Why?
The Prime Minister
I am grateful to the hon. Member. We are doing everything we can to make sure that we restrict access to this country by Putin’s cronies or anybody who supports the invasion of Ukraine, and that is why we are reviewing the golden visa scheme.
Greg Clark (Tunbridge Wells) (Con)
It is clear that the whole House welcomes the strong role that the UK played in driving support for Ukraine. Will the Prime Minister update us on the discussions he had with Prime Minister Kishida of Japan, particularly on the progress of the UK’s participation in the trans-Pacific trade agreement and also on co-operation on science and technology?
The Prime Minister
I thank my right hon. Friend very much for his role as the UK’s envoy for trade with Japan. I can tell him that the opportunities are absolutely immense, and the Government of Fumio Kishida are determined to progress the alliance with the UK to new heights. He is absolutely right to talk about science and technology. As he knows, we have just lifted barriers to trade with Japan, but what we are also looking at is a partnership with Japan in defence technology that I think could be the foundation of immense future progress, particularly on science and technology.
Tony Lloyd (Rochdale) (Lab)
There is no doubt about the strength of support in NATO and the G7 for this defence of Ukraine and this defence of the legitimate freedom of Ukraine, but there are credible reports that it is now becoming increasingly difficult to get weaponry and ammunition across the globe.
Tony Lloyd
The Defence Secretary is shaking his head, but there are reports. Was this raised at all at NATO, and can we guarantee that the supply of armaments and the supply of ammunition will be available?
The Prime Minister
The hon. Gentleman raises an interesting point. As he knows, the UK began the Ramstein process, where countries commit substantial sums as well as matériel to Ukraine. I am not aware of any logistical problems that we are facing so far. We are still seeing great progress in getting arms into Ukraine, but there is a lot more to do.
Duncan Baker (North Norfolk) (Con)
Three months ago yesterday, to the day, a refugee mother and a little boy came to live with my family in my home in North Norfolk. Three months seems an incredibly long time now, but it has gone in a shot. The family who came to live with me are terrified about returning to Kyiv. The only hope was the announcement by the Government that we will stand there, at the request of President Zelensky, to champion the rebuilding of their city of Kyiv. That will bring enormous hope to all those refugees who have fled Ukraine. Will the Prime Minister tell me, so that I can give some reassurance to all those families, including the one who live with me now, that we as a country will not give up, that we certainly will not be negotiating with Putin, as some would have us do, and that we will stand firm with the people of Ukraine to ensure that the Russians are expelled from their sovereign country? Then, by golly, bit by bit, we will help those people to rebuild their country.
The Prime Minister
I thank my hon. Friend for his kindness to the family from Ukraine. I know that that is being done by many other colleagues around the Chamber, and I thank everybody for what they are doing. It is a great, great scheme, and it is much appreciated by the Ukrainians. Thanks to the support we have been giving the Ukrainians, they are starting to see large numbers going back to Ukraine, and of the 7 million who left, at least 3-and-a-bit million have now gone back, which is good news. We want them all to be able to go back safely, and go back safely to their entire country. Then we want the UK to be in the lead, as we are already are in the Kyiv region, in rebuilding Ukraine.
Dan Jarvis (Barnsley Central) (Lab)
Some very welcome agreements were reached in Madrid, not least the doubling of battle groups on the eastern flank, the massive expansion of the NATO response force, and of course the endorsement of Sweden and Finland as members. Does the Prime Minister agree that our success is underpinned by the maintenance of public support for the war in Ukraine, and can he say how he, and President Biden, plan to ensure that that public support is maintained for as long as necessary?
The Prime Minister
The hon. Gentleman has served in the armed forces himself, and he understands how difficult it can be to continue to build public support for military expenditure. But it is vital that we do this. The cost of allowing Ukraine simply to fall to Putin, or to be crushed or engulfed, would be immense. And it would not be just a political catastrophe; it would be an economic catastrophe as well, because Putin would not stop there, and the instability and economic damage would continue for generations.
Brendan Clarke-Smith (Bassetlaw) (Con)
The Scottish nationalists would cut our defence spending to 1.6%, and unilaterally disarm if they were ever to achieve independence. Does the Prime Minister agree that our new ambition to spend 2.5%, and our rock solid commitment to NATO as a guarantor of our security, show why Scotland is better off in the UK?
The Prime Minister
I hesitated to say that to my right hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford)—and he is my friend, Mr Speaker—but that is the fact. The Scottish contribution to our armed services is immense. Everybody knows it. It is a fantastic thing. It helps to make the UK what it is, and it would be utterly tragic for the whole world if the UK armed services were to face a division of that kind, or a loss of that kind.
Kevin Brennan (Cardiff West) (Lab)
When the Prime Minister was in Rwanda, did he meet the leader of the opposition, Victoire Ingabire Umuhoza, who spent eight years in prison simply for criticising the Rwandan regime? Did he speak to President Kagame about his continual policy of criminalising or assassinating his political opponents?
The Prime Minister
I did raise human rights concerns with President Kagame, and I raised issues of freedom of speech. I am sure that the hon. Member has been to Rwanda, so he will know that in 1994 the country underwent perhaps the most catastrophic, humiliating disaster that any country could undergo. Whatever the hon. Member may say about him, President Kagame has brought that country back from the brink and done an immense service to his country in restoring order, which his people value immensely.
Gareth Davies (Grantham and Stamford) (Con)
The Prime Minister was right when he recently said that 2% of GDP on defence spending should be a floor, not a ceiling. However, some of our allies are still in the basement when it comes to meeting their NATO commitments. Will he therefore outline what efforts were made specifically to rectify that in Madrid?
The Prime Minister
What the UK has been doing is leading by example. It was at Cardiff in 2014 that we set the target of 2% of GDP—a floor, not a ceiling. We were one of the first to exceed it, and eight other countries are now exceeding it. What we are seeing around the table is countries absolutely determined to follow suit and spend more. I will single out what Olaf Scholz has been doing in Germany, where there has been a quite remarkable change of events.
Mike Kane (Wythenshawe and Sale East) (Lab)
That was a clumsy attempt to unseat the secretary-general of the Commonwealth. It was hardly good statecraft, Prime Minister.
The Prime Minister
It was a great day for democracy, which is one thing among many that the Commonwealth stands for in the world. I think that Patricia Scotland will do an excellent job for the next two years, and she will get every possible support.
Mr Richard Holden (North West Durham) (Con)
At recent visits to the Inter-Parliamentary Union conference as well as at the Council of Europe, it has been widely acknowledged that the Prime Minister has been leading not just Europe but world leaders in his response to Ukraine. However, countries on the frontline such as Poland and Romania are also doing a huge amount. On grain shipments, has the Prime Minister had any dealings with the President of Romania on the possibility of using the port of Constana to protect global food prices?
The Prime Minister
My hon. Friend makes an excellent point and alludes to exactly the solutions that we are trying to find in the event that we are forced into an operation that does not involve the consent of the Russians, as I think is all too likely.
Margaret Ferrier (Rutherglen and Hamilton West) (Ind)
During the Prime Minister’s conversations at the G7 and NATO summits, what was made of the risk of antagonising China through the UK Government’s trade talks with Taiwan? Does he agree that the UK must respect Taiwanese sovereignty and show that to China?
The Prime Minister
The discussion at the G7 was probably liveliest on that subject. The G7 feels that China is a gigantic fact of our lives and that we have got to understand that. Everybody has got huge trading relations with China, but, on the other hand, there are lots of areas where we have got to compete, contest and, sometimes, challenge what China does. That was very much agreed around the table at the G7, and indeed at NATO.
Marco Longhi (Dudley North) (Con)
My constituents are proud of the actions taken by this country and the Prime Minister in supporting Ukraine, its armed forces and the victims of Russian aggression in Ukraine. However, they are feeling the pinch in their pockets, and the public purse is under severe pressure as well, so they want to know that our NATO allies and immediate neighbours are playing their part in equal measure.
The Prime Minister
On the table of expenditure, the US is way out in front. I really congratulate Joe Biden on his leadership. Joe Biden and the Americans have really stepped up to the plate—a fantastic effort. We are spending the second biggest amount, and I think that the Poles are in third place. There is then a long tail of others, but everybody is now spending more and more. We agreed that we are in it for the long haul; that is the most important thing.
Paul Holmes (Eastleigh) (Con)
Thank you, Mr Speaker. That was great exercise bobbing, I can tell you.
The Prime Minister should be congratulated on his international leadership on Ukraine, which is shown by how much people in Ukraine and the Ukrainian Government applaud him for his leadership at NATO. We are now entering a phase where the Ukrainians really need to start to be able to push the Russian lines back. What conversations has he had in NATO about providing heavier land-based equipment to the Ukrainians?
The Prime Minister
My hon. Friend is completely right; that is where the focus now is. The Ukrainians are heroic. They have shown they can push the Russians back. They pushed them from Kyiv. They pushed them back from Kharkiv. What they need is the right multiple launch rocket systems to do it, because the Russians are very good at standing off and using heavy artillery to shell and intimidate. The MLRS are absolutely critical to the Ukrainian fightback. That is what we are giving them now, together with several other allies. What they also need is the training to make sure that those very sophisticated weapons are used to the best possible effect, and we are giving them that training as well.
Mr Deputy Speaker (Mr Nigel Evans)
I thank the Prime Minister for his statement and for answering questions today.
Points of Order
Fleur Anderson (Putney) (Lab)
On a point of order, Mr Deputy Speaker. My constituent is a sponsor for a mother and daughter in Ukraine. They applied for a Homes for Ukraine sponsorship scheme visa on 10 April. The mother’s visa was approved on 10 June, but there is still no visa for her 16-year-old daughter, Maria. Their nearest city is currently under rocket fire and they are desperate to leave for their safety. My team has contacted the Home Office four times, twice in person, but Maria’s visa is being held up inexplicably. I seek your advice on how to resolve this matter.
Mr Deputy Speaker (Mr Nigel Evans)
I thank the hon. Member for giving notice of her point of order and I can understand her concerns as she has voiced them today. They are clearly not the responsibility of the Chair, but she has put her concerns on the record and I am sure Ministers will have heard them. I hope a speedy resolution is forthcoming. I am asking the Treasury Whip to make sure. [Interruption.] He is doing that as I am speaking. Thank you very much.
Chris Bryant (Rhondda) (Lab)
On a point of order, Mr Deputy Speaker. As you know, in order to get an oral question on the Order Paper, Back-Bench Members have to submit to the ballot process. Every day, hundreds and hundreds of MPs fail—in fact, we nearly always fail. However, just occasionally we have that little moment of joy when an email comes through saying, “Your question has been successful in the ballot”. I got two such emails for this week: one for Justice questions tomorrow, on screening for brain injury in prisons, which one would have thought was the direct responsibility of the Ministry of Justice; and one on Thursday one on artists’ resale rights. One would have thought that artists were a responsibility of the Department for Digital, Culture, Media and Sport.
Unfortunately, both Departments have decided to transfer the questions, which means that I will not get an oral answer and I will not get an opportunity to ask a supplementary question. I do not know whether that is because they are frightened of answering questions from me, or whether they just want them shunted off to some other Department. Mr Deputy Speaker, can you confirm that Ministers should not be doing that, and that, on the whole, it is best just to let it happen once Members have got through the ballot process? Secondly, can you confirm either that Ministers can overturn the decisions and reinstate the questions for tomorrow and Thursday, or that Mr Speaker could choose to catch my eye—or the other way around?
Mr Deputy Speaker (Mr Nigel Evans)
I thank the hon. Member for giving notice of his point of order. The transfer of questions, as he says, is a matter for Ministers not the Chair. I appreciate that Members may be disappointed to lose their slot—in this case, slots—at Question Time if their oral question is transferred. Where questions relate to matters for which more than one Minister is responsible, or where responsibility is ambiguous, I expect Ministers to be very cautious about transferring oral questions. The Table Office is always able to provide advice to Members on these issues and I am sure that the Treasury Bench will again have heard what the hon. Member has had to say.
Northern Ireland Troubles (Legacy and Reconciliation) Bill
Monday 4th July 2022
(2 years, 5 months ago)
Commons ChamberRead Full debate Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 View all Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 Debates Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 4 July 2022 - (4 Jul 2022)
00:00 - The House divided: - Ayes: 209 / Noes: 282 - Question accordingly negatived.
20:12 - The Committee divided: - Ayes: 211 / Noes: 283 - Question accordingly negatived.
20:22 - The Committee divided: - Ayes: 282 / Noes: 211 - Question accordingly agreed to.
20:34 - The Committee divided: - Ayes: 218 / Noes: 282 - Question accordingly negatived.
20:46 - The Committee divided: - Ayes: 220 / Noes: 283 - Question accordingly negatived.
21:16 - The House divided: - Ayes: 282 / Noes: 217 - Question accordingly agreed to.
The Second Deputy Chairman of Ways and Means (Mr Nigel Evans)
Members may wish to note that a manuscript Government new clause and manuscript Government amendments to improve the drafting of amendments agreed in Committee on day one have been tabled for consideration on Report. They are now available in the Vote Office.
Clause 33
No criminal investigations except through ICRIR reviews
Question proposed, That the clause stand part of the Bill.
The Second Deputy Chairman
With this it will be convenient to discuss the following:
Amendment 114, in clause 34, page 27, line 19, at end insert—
‘(2A) But enforcement action may be taken against P to prevent P from seeking to profit from their conduct in relation to that offence (see section (Grant of immunity: criminal memoirs etc).’
This paving amendment is linked to NC2 which is intended to prevent a person who is granted immunity under this Act from profiting from the from the conduct which they received immunity for.
Amendment 107, page 27, line 19, at end insert—
‘(3) But any sentencing decision in respect of a serious offence committed by P after 10 April 1998 may take into account the panel’s findings on any relevant serious Troubles-related offence committed by P’.
This amendment is intended to allow the offences for which immunity has been granted to be taken into account in sentencing for post-Trouble offences.
Clauses 34 to 36 stand part.
Amendment 121, in clause 37, page 28, line 11, at end insert ”,or
(d) a file relating to P in respect of an offence is submitted to the Public Prosecution Service.
‘(2A) But if no prosecution of P is directed on the basis of the file submitted to the Public Prosecution Service for Northern Ireland, the case relating to P should be returned to the ICRIR for investigation in accordance with this Part.’
The purpose of this amendment is to treat as criminal enforcement action the passing of a file to the Public Prosecution Service for Northern Ireland.
Amendment 122, page 28, line 17, at end insert—
‘(3A) For the purposes of subsection (3), a criminal prosecution of P is to be treated as having begun when a file relating to the criminal investigation into P’s conduct has already been submitted to the Public Prosecution Service on or before the day that section 33 comes into force.
(3B) But if no prosecution of P is directed on the basis of the file submitted to the Public Prosecution Service for Northern Ireland, the case relating to P should be returned to the ICRIR for investigation in accordance with this Part.’
The purpose of this amendment is to treat a public prosecution as having begun when the file is passed to the Public Prosecution Service for Northern Ireland.
Clause 37 stand part.
Clause 38 stand part.
That schedule 8 be the Eighth schedule to the Bill.
That schedule 9 be the Ninth schedule to the Bill.
Amendment 116, in clause 39, page 30, leave out lines 15 to 42.
This amendment would remove the provisions inserted into the Coroners Act (Northern Ireland) 1959 that require the closure of existing Troubles related inquests in Northern Ireland.
Clause 39 stand part.
Amendment 117, in schedule 10, page 79, leave out lines 4 to 39.
This amendment would remove the provisions inserted into the Coroners and Justice Act 2009 that require the closure of existing Troubles related inquests in England.
Amendment 118, page 81, leave out from line 18 to line 16 on page 82.
This amendment would remove the provisions inserted into the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 that require the closure of existing Troubles related inquests in Scotland.
That schedule 10 be the Tenth schedule to the Bill.
Clauses 40 and 41 stand part.
Amendment 108, in schedule 11, page 83, line 20, at end insert—
‘(1A) In subsection (2)(a), replace “four” with “five”.
(1B) In subsection (2)(b), replace “four” with “five”.’
This is a paving amendment for Amendment 110.
Amendment 109, page 83, line 21, at end insert—
‘(6ZA) The fifth condition is that the prisoner has been fully cooperative in responding any request for information made under section 14 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2022.’
This amendment is intended to add a fifth condition for prisoner release under the Northern Ireland (Sentences) Act 1998 to ensure that prisoners who take part in the reconciliation process are not treated in the same way as those who do not.
That schedule 11 be the Eleventh schedule to the Bill.
New clause 2—Grant of immunity: criminal memoirs etc—
‘(1) A person (P) who has been granted under section 18 immunity from prosecution for an offence may not seek to profit from their conduct in relation to that offence.
(2) The Coroners and Justice Act 2009 is amended as follows.
(3) In section 156 (Qualifying offenders), in sub-paragraph (3)(b)(i) at end add “or a citizen of Ireland who would qualify to be a United Kingdom national”.
(4) In section 159 (Relevant offences), after paragraph (1)(a) insert —
“(aa) a serious Troubles-related offence (see section 1 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2022,”.
(5) The Secretary of State may, after consulting the First Minister and deputy First Minister if practicable, make regulations to prohibit the exploitation for profit of Troubles-related offences by any individual granted immunity under section 18.
(6) Regulations under subsection (5) may further amend the Coroners and Justice Act 2009 and make any necessary provision to amend any relevant primary or secondary legislation.
(7) Regulations under this section are subject to affirmative procedure.’
The intention of this new clause is to prevent a person who is granted immunity under this Act from profiting from the conduct which they received immunity for, by adapting the exploitation proceeds regime under the Coroners and Justice Act 2009.
New clause 3—Northern Ireland (Sentences) Act 1998: repeal—
‘(1) The Northern Ireland (Sentences) Act 1998 is repealed at the end of the period of two months beginning with the day on which this Act is passed.
(2) The Secretary of State may by regulations make any necessary temporary, consequential or transitional provision in connection with the repeal of the Northern Ireland (Sentences) Act 1998.’
This new clause provides for the Northern Ireland (Sentences) Act 1998 to be repealed when Part 3 of this Bill comes into force.
New clause 5—Revocation of immunity (No. 2)—
‘(1) This section applies if a person (P) has been granted immunity from prosecution for the offence under section 18, but later evidence is submitted to the immunity requests panel established under section 21 which the panel considers to be conclusive evidence that the Condition B in section 18 was not met because P’s account was not true.
(2) This section applies if, after the immunity requests panel has ceased to operate, the Secretary of State considers that there is conclusive evidence that the Condition B in section 18 was not met because P’s account was not true.
(3) Where subsection (1) or (2) applies, the immunity of P under this Act is revoked.’
Clause 42 stand part.
Amendment 120, in clause 43, page 34, line 12, at end insert—
‘(3A) The designated persons have an overarching duty to ensure that no memorialisation activities glorify the commission or preparation of Troubles-related offences.’
Amendment 110, page 34, line 15, at end insert—
‘(3A) The designated persons must take into account the interests and concerns of victims of the Troubles in the preparation of the memorialisation strategy.
(3B) “Victims of the Troubles” do not include any person P who has received immunity under this Act and whose physical or mental harm was caused by Troubles-related conduct in which P participated unlawfully.’
This amendment is intended to ensure that only innocent victims are included as victims in the memorialisation strategy under this Act.
Clause 43 stand part.
Clause 44 stand part.
Amendment 41, in clause 45, page 35, line 22, leave out “of the period of operation of the ICRIR” and insert
“from the date on which this Act is passed”.
This drafting amendment removes a reference to the Independent Commission for Reconciliation and Information Recovery.
Amendment 42, page 35, line 38, leave out subsection (5).
This amendment removes a reference to the Independent Commission for Reconciliation and Information Recovery.
Amendment 43,page 36, line 6, leave out paragraph (a).
This amendment removes a reference to the Independent Commission for Reconciliation and Information Recovery.
Amendment 44, page 36, line 8, leave out “the ICRIR reports and”.
This amendment removes a reference to the Independent Commission for Reconciliation and Information Recovery.
Amendment 45, page 36, leave out lines 18 to 21.
This amendment removes a reference to the Independent Commission for Reconciliation and Information Recovery.
Clause 45 stand part.
Clauses 46 to 48 stand part.
Amendment 93, in clause 49, page 37, line 43, leave out from “regulations” to end of line 15 on page 38 and insert
‘establish an independent panel of experts to make appointments for the purposes of this Part.
(1A) The independent panel of experts must include—
(a) representatives of the Northern Ireland Executive, the United Kingdom government and the government of Ireland,
(b) representatives of the British Academy, the Royal Irish Academy or other comparable learned societies, and
(c) a person of international standing with experience in or comparable to the post of special rapporteur on transitional justice for the United Nations.
(1B) When deciding whether to designate a person for the purposes of this Part, the panel must, in accordance with clear and transparent criteria, ensure that the individual has the necessary expertise in at least one of the following: oral history, academic research, archiving, trauma, gender studies and memorialisation.’
This amendment would remove the Secretary of State’s power to designate persons for the purposes of Part 4 of the Bill and instead provide for the appointment of an independent panel to designate persons for the purposes of this Part, while keeping the provision for financial and other resources to be supplied by the Secretary of State.
Clause 49 stand part.
Amendment 94, in clause 50, page 38, line 20, leave out from ”means” to end of line 21 and insert
‘persons designated by the independent panel established under section 49 (1);’
This amendment removes the definition of designated persons in Part 4 of the Bill as persons appointed by the Secretary of State and instead refers to appointments by an independent panel.
Clause 50 stand part.
New clause 4—Offence of glorifying terrorism: Northern Ireland—
‘(1) This section applies to a statement that is likely to be understood by a reasonable person as a direct or indirect encouragement or other inducement to some or all of the members of the public in Northern Ireland, to the commission, preparation or instigation of acts of terrorism.
(2) A person P commits an offence if—
(a) P publishes a statement to which this section applies or causes another to publish such a statement; and
(b) at the time P publishes it or causes it to be published, P—
(i) intends members of the public in Northern Ireland to be directly or indirectly encouraged or otherwise induced by the statement to commit, prepare or instigate acts of terrorism; or
(ii) is reckless as to whether members of the public in Northern Ireland will be directly or indirectly encouraged or otherwise induced by the statement to commit, prepare or instigate such acts.
(3) For the purposes of this section, the statements that are likely to be understood by a reasonable person as indirectly encouraging the commission or preparation of acts of terrorism include every statement which—
(a) glorifies the commission or preparation in the past of Troubles-related offences; and
(b) is a statement from which members of the public in Northern Ireland could reasonably be expected to infer that what is being glorified is being glorified as conduct that should be emulated by them in existing circumstances.
(4) For the purposes of this section the questions how a statement is likely to be understood and what members of the public in Northern Ireland could reasonably be expected to infer from it must be determined having regard both—
(a) to the contents of the statement as a whole; and
(b) to the circumstances and manner of its publication.
(5) It is irrelevant for the purposes of subsections (1) to (3)—
(a) whether anything mentioned in those subsections relates to the commission, preparation or instigation of one or more particular acts of terrorism, of acts of terrorism of a particular description or of acts of terrorism generally; and
(b) whether any person is in fact encouraged or induced by the statement to commit, prepare or instigate any such act or Troubles-related offence.
(6) In proceedings for an offence under this section against a person P in whose case it is not proved that P intended the statement directly or indirectly to encourage or otherwise induce the commission, preparation or instigation of acts of terrorism it is a defence for P to show—
(a) that the statement neither expressed P’s views nor had P’s endorsement (whether by virtue of section 3 or otherwise); and
(b) that it was clear, in all the circumstances of the statement‘s publication, that it did not express P’s views and (apart from the possibility of P’s having been given and failed to comply with a notice under subsection (3) of that section) did not have P’s endorsement.
(7) A person guilty of an offence under this section shall be liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 15 years, or to a fine, or to both;
(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;
(c) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both.
(8) in considering sentencing for an offence under this section, the court will take into consideration as an aggravating factor any immunity granted to P under the Northern Ireland Troubles (Legacy and Reconciliation) Act 2022.’
This new clause, based on section 1 of the Terrorism Act 2006, makes having received immunity under this Bill an aggravating factor in sentencing for the offence of glorifying terrorism.
New clause 6—Opening closed files—
‘(1) Every Minister of the Crown must review the status and classification of files held or sealed by the Department for which the Minister is responsible which relate to events which formed part of the Troubles with a view to ensuring that relevant information, is duly and truly accessible for the various purposes of information recovery, historical records, memorialisation and academic research provided for in this Act by those mandated to discharge those purposes.
(2) Classified government files for the purposes of this section relate to deaths, injuries, other public harms and miscarriages of justice which occurred as part, or in consequence, of the Troubles.
(3) No later than six months from the date on which this Act is passed, each Minister of the Crown must compile a list of such Troubles-related files which have been sealed from public disclosure for longer than standard periods, showing the previously specified date until which they were to remain closed and indicating, on the basis of the review referred to in subsection (1), how and when relevant information in those files will be available to bodies or persons undertaking work enabled or mandated under this Act.
(4) The list referred to in subsection (3) must be laid before both Houses of Parliament.
(5) A Minister of the Crown must make a statement to the House of Commons on steps being taken to ensure disclosure of such information in order to afford more truth to those bereaved or otherwise harmed by events related to the Troubles, fuller public awareness and understanding and to assist the cause of reconciliation.’
This new clause deals with opening closed files as a State step towards truth and reconciliation. The duties of the Minsters of the Crown apply to any Minister including the Prime Minister, any Secretary of State (including the Secretaries of State for Defence and for Northern Ireland) as well as to the Lord Chancellor and the Cabinet Office.
Amendment 46, in clause 51, page 39, line 12, leave out subsection (1).
This paving amendment would remove Schedule 12 which amends existing legislation in relation to the Independent Commission for Reconciliation and Information Recovery and the limitation of legal proceedings.
Amendment 47, page 39, line 35, leave out paragraph (c).
This drafting amendment removes a provision which would be redundant if Clause 38 and Schedule 9 were removed from the Bill.
Amendment 48, page 39, line 35, leave out paragraph (d).
This amendment removes references to criminal investigations and inquests.
Clause 51 stand part.
That schedule 12 be the Twelfth schedule to the Bill.
Amendment 49, in clause 52, page 40, line 9, leave out subsection (2).
This amendment removes provision which is not necessary for the operation of Part 4 of the Bill.
Amendment 50, page 40, line 11, leave out from “they” to “may” in line 16.
This amendment removes provision which is not necessary for the operation of Part 4 of the Bill.
Amendment 51, page 40, line 11, leave out lines 21 to 28.
This amendment removes provision which is not necessary for the operation of Part 4 of the Bill.
Amendment 52, page 40, line 29, leave out from “procedure“” to second “the” in line 34.
This amendment removes provision which is not necessary for the operation of Part 4 of the Bill.
Amendment 53, page 40, line 37, leave out from “Parliament” to the end of subsection (4).
This amendment removes provision which is not necessary for the operation of Part 4 of the Bill.
Amendment 54, page 41, line 9, leave out subsections (6) and (7).
This amendment removes provision which is not necessary for the operation of Part 4 of the Bill.
Clause 52 stand part.
Amendment 55, in clause 53, page 41, line 20, leave out subsection (1).
This amendment removes provision which is not necessary for the operation of Part 4 of the Bill.
Clause 53 stand part.
Clause 54 stand part.
Amendment 56, in clause 55, page 46, line 18, leave out subsection (4).
This amendment removes provision relating to the repeal of the Coroners Act 1988.
Clause 55 stand part.
Amendment 57, in clause 56, page 46, line 24, leave out paragraph (b).
This amendment would be consequential on the removal of Schedule 12 which amends existing legislation in relation to the Independent Commission for Reconciliation and Information Recovery and the limitation of legal proceedings.
Amendment 58, page 47, line 32, leave out subsection (4).
This amendment removes provision which is not necessary for the operation of Part 4 of the Bill.
Clause 56 stand part.
Amendment 59, in clause 57, page 46, line 35, leave out “Troubles (Legacy and Reconciliation)” and insert “(Memorialising the Troubles)”.
This amendment would change the short title applicable to an Act comprising only Parts 1, 4 and 5 of the Bill.
Clause 57 stand part.
New clause 7—Compatibility with Article 2 of ECHR—
‘(1) Notwithstanding any other provisions of this Act, the exercise of powers, the performance of functions and the discharge of duties under this Act, including by bodies or offices created under this Act, may be subject to civil action and judicial review on grounds of incompatibility with Article 2 of the European Convention on Human Rights.
(2) Recourse to civil action under this section shall be open to—
(a) a close family member of a person whose death was caused by conduct forming part of the Troubles; or
(b) if there are no close family members of the deceased, any family member of the deceased.
(3) The Northern Ireland Human Rights Commission may—
(a) provide assistance to individuals or families who take civil action under this section; or
(b) bring court proceedings itself in respect of policies, practices and performances of relevant authorities with powers and functions under this Act in order to test their compatibility with Article 2 of the European Convention on Human Rights or to vindicate that right or others under the European Convention.’
Amendment 72, in title, line 1, leave out from “by” to “providing”.
This amendment would change the long title applicable to an Act comprising only Parts 1, 4 and 5 of the Bill.
While we are in Committee of the whole House, Members should refer to me as Chair or Mr Evans, and not as Mr Deputy Speaker. I call the Minister.
The Minister of State, Northern Ireland Office (Conor Burns)
Thank you, Mr Evans; we trust that it will not be too long before that is upgraded to “Sir Nigel”.
It is good to be here for the second full day of consideration in Committee of the Northern Ireland Troubles (Legacy and Reconciliation) Bill. I am sure that the whole House is grateful to Members for how they dispatched the statement in what must be record time for a Prime Minister reporting on three international summits, to allow us extra time. I am particularly grateful for the pleasure that lies ahead.
I start by thanking the Committee for the tone of our engagement last week on controversial and emotional subjects; I hope that that tone will continue across the Committee this afternoon as our deliberations progress. I meant to say this properly last time, but I did not. Successive Governments have not engaged in this space, and I want to pay special tribute to my right hon. Friend the Secretary of State for grappling with these contentious and emotional issues over the last couple of years. This is a Government Bill, but it is very much his Bill—he has steered it through. I also pay tribute to those in the Northern Ireland Office who have supported the work of Bill as it has progressed beyond the publication of the Command Paper last July.
We commence today’s proceedings with part 3 of the Bill, which covers investigations, legal proceedings and the release of prisoners. Clause 33 prevents criminal investigations into any troubles-related offence from being initiated or continued on or after the day on which the clause enters into force. That prohibition does not apply to the independent commission for reconciliation and information recovery. The clause ensures that the commission becomes the sole body able and responsible for conducting criminal investigations into troubles-related deaths and serious injuries.
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 to seek immunity or do not co-operate sufficiently with the information recovery process. New criminal investigations or prosecutions for troubles-related offences not connected to a death or serious injury will no longer be possible.
The clause places a duty on the heads of each police force in the United Kingdom to notify the Secretary of State of any criminal investigations of troubles-related offences that their force is carrying out on the day before the clause comes into force, enabling the Secretary of State to identify cases that trigger an obligation under articles 2 or 3 of the European convention on human rights, and ensure that those are referred to the commission for review.
Jim Shannon (Strangford) (DUP)
I thank the Minister of State for setting the scene. There is one thing that concerns me and, I believe, many DUP Members, but which has not been mentioned very much in any of our debates or discussions about the Bill: the collusion involving the Garda Síochána in relation to the murders of some police officers on the border. There was also collusion involving not just the Garda Síochána but high-level members of the civil service who turned a blind eye to those who carried out the murders across the border. Can the Minister of State reassure me and other hon. Members that there will be accountability in the process for those in the Garda Síochána who were involved in collusion in the murder of Royal Ulster Constabulary and police officers in Northern Ireland, and for those in high levels of the civil service who were also involved in collusion? My cousin was murdered by the IRA, and the people responsible went across the border and lived a safe life there. If that is not collusion, I would like to know what is.
Conor Burns
The hon. Gentleman speaks with great emotion and personal connection to these events. I extend again, from this Dispatch Box, my sympathy to him and to all those in Northern Ireland, in Ireland and across these islands who felt the impact of the brutality and evil of events perpetrated in the name of Irish republicanism, and indeed some in the name of loyalism.
The hon. Gentleman mentions matters relating to the Government of the Republic of Ireland. That Government, on behalf of the Irish state, freely entered into commitments that they would have a process for information to be brought forward for people so that we could find out what happened. I absolutely agree with the hon. Gentleman that the proposals in the Bill and the information recovery unit would absolutely be strengthened if the Government of the Republic of Ireland came forward with their own proposals, so that we could deal with the issues across the totality of these islands. I very much hope that the commitment that was undertaken will be delivered by the Irish Government in due course.
Conor Burns
I will, but I will not do today what I did last Wednesday, which was to take about 40 interventions and detain the Committee for an hour. I want to set the scene for what our debate today will cover and the scope of the Bill’s clauses and amendments. However, I give way to the leader of the Social Democratic and Labour party.
Colum Eastwood
I am grateful. The Minister mentions that the Irish Government made commitments. I absolutely agree that they need to deliver on those commitments, but they were made in the context of the Stormont House agreement. The British Government made commitments as well, but they are now moving miles and miles away from the Stormont House agreement, stopping any opportunity for people to get access to truth and justice, despite what the Minister might say.
Conor Burns
We believe that the commitment made by the Government of the Irish Republic was a stand-alone commitment to bring forward their own legislation to have a means of resolving some of the unresolved cases to the benefit of all, to aid the process of information recovery and reconciliation across the island of Ireland and the totality of these islands. We could rehearse—although I do not think that it would be particularly helpful, because the hon. Gentleman and I both know the arguments that would be deployed—why we have come to the conclusion that the process around Stormont House and the bodies that are in place will not, in our judgment, deliver what we seek, which is to help those who want to find out what happened to their loved ones. We have been open in saying that this is a movement beyond Stormont House, because the Government believe that this will be a better way of getting that information and trying to aid the process of reconciliation in Northern Ireland.
The prohibition created by clause 33 will not apply to criminal investigations that are ongoing on the day when the legislation enters into force, where those investigations are being carried out for the purposes of a criminal prosecution commenced before that date. The police will continue to conduct such investigations until the related criminal prosecution has concluded.
Clauses 34, 35 and 36 set out, for those granted immunity, that no criminal enforcement action may be taken against the individual in respect of the serious or connected troubles-related offence or offences for which immunity has been granted, while those who committed crimes should not be able to obtain something for nothing. They will not mean that individuals have immunity for any other serious or connected troubles-related offences in which they may have been involved. Those who do not acknowledge their role in the troubles-related events and incidents will not be granted immunity, and will remain liable to prosecution should sufficient evidence exist or come to light. If immunity is not granted, criminal enforcement action could be taken in respect of the offence. If the commissioner for investigations thinks there is enough evidence that an offence has been committed, the ICRIR can refer a case directly to the relevant UK prosecutor. The ICRIR will be fully equipped with the necessary expertise and full policing powers so that it can carry out robust investigations for the primary purpose of information recovery, as well as being able to refer cases directly to prosecutors if there is evidence of an offence for which someone has not been granted immunity.
Clause 37 contains general and saving provisions applying to troubles-related criminal investigations and prosecutions. Clause 38 and schedules 8 and 9 state that any new civil claim brought on or after the date of the Bill’s introduction will be prohibited once the relevant clauses come into force, two months after Royal Assent. Troubles-related civil claims already filed with the courts before the date of the Bill’s introduction will be allowed to continue. We want to deliver a system that focuses on effective information recovery and reconciliation measures, getting as much information to as many families as possible.
Gavin Robinson (Belfast East) (DUP)
The Minister will know that if a prosecutor has not made a decision on a file prior to the enactment of this law, the prosecutions will not proceed. That has caused huge concern among the families who have engaged with Operation Kenova and the more than 30 live files that rest with the Public Prosecution Service for Northern Ireland. There is an amendment on the table tonight that would allow the Government to accept that the cases that are with the Public Prosecution Service could proceed irrespective of when that decision is taken. Can the Minister confirm that he wants to see a conclusion to the Operation Kenova process, and that he wants to see justice for the families who have engaged so honourably and thoughtfully throughout this time?
Conor Burns
I completely understand why the hon. Gentleman has asked that question, and the view that he takes. I have acknowledged from this Dispatch Box, as has my right hon. Friend the Secretary of State, that some of these decisions are finely balanced and difficult, but the Government want to see a single body dealing with the cases and with getting the information to families, and that will mean that at some point there must be a date on which we stop other processes and roll everything into this one body. I will talk about that in more detail a little later, but the point is that the powers that this body will have at its disposal will be greater than some of the powers available to other bodies—for example, inquests—and we think that this will be a better way of proceeding.
Johnny Mercer (Plymouth, Moor View) (Con)
I commend my right hon. Friend for his stance. While everyone wants to see finality and an end to this process, some of these prosecutorial decisions have taken three to four years, during which time the people being investigated have died. My right hon. Friend has to draw a line somewhere. It is painful, of course, and we do not want to undo the work that has been done, but ultimately we need courage when it comes to reaching a finite point and getting these people investigated by a single body.
Conor Burns
I agree with my hon. Friend, and I am grateful to him for what he has acknowledged. He has been in the position that my right hon. Friend the Secretary of State and I are in, that of a Minister making very finely balanced judgments. We believe that we have got those judgments right, and we are happy to explain the rationale for the decision-making process that we have undertaken. I acknowledge, as my hon. Friend has acknowledged, that this will be difficult for some people to accept, but there must be a point at which the new body becomes the sole body to deal with these matters.
Sammy Wilson (East Antrim) (DUP)
Does the Minister accept that those who are engaged in the Kenova process want not information recovery but prosecutions? They want an outcome that will ensure that those who committed a crime are found guilty of committing a crime. Moving this to information recovery is not doing justice to those who, for many years, have engaged with the process hoping for an outcome. Will the Minister at least encourage the Public Prosecution Service to ensure that it makes a decision on these cases before the deadline on the Bill?
Conor Burns
The right hon. Gentleman makes an entirely valid point. As I think the Committee acknowledged when we talked about these processes last week, there is not a consensus among the families or victims on a single route that they want to take. They want different things: many want prosecutions, many want just to know, and many want a wrong acknowledged. He makes an entirely fair point that I am sure will be heard outside this Chamber and that I know has already been strongly heard by different bodies, lawyers and families in Northern Ireland.
The body will be established after this Bill enters into force. We are only at Committee stage in this place, and the Bill will hopefully leave here this evening and go to the other place, where I am sure it will receive detailed and expert scrutiny. In the meantime, a lot of decisions can be made. The processes can carry on, and we have been very clear that processes that are in train by the time the Bill comes into force will continue. That is why we listened carefully after publishing the Command Paper last year, when we heard the strength of feeling about ending all ongoing inquests. That is why clause 39 sets out that inquests—inquiries in Scotland—that have reached an advanced stage by 31 May next year or by the date on which the ICRIR becomes operational, whichever comes first, will continue to their conclusion. The clause states:
“An inquest is ‘at an advanced stage’ if the inquest hearing to ascertain—
(a) who the deceased was, and
(b) how, when and where the deceased died,
has begun before the relevant day.”
Stephen Farry (North Down) (Alliance)
Can I ask the Minister to recognise that there is an in-built unfairness in this process of arbitrarily closing off some inquests while others will have an opportunity to come to an end? The order in which these inquests have been put together is not based on any rationale, and there is a sense of it being the luck of the draw. Does he not feel it would be better to allow all inquests to finish, even if that means working in parallel with other institutions, flawed though they may well be?
Conor Burns
I say respectfully to the hon. Gentleman that in all these things there has to be a point at which we move to the new process. If we are establishing a new body and we believe that that new body is the right vehicle to bring information to the fore and to incentivise people to come forward, co-operate with it and hand over state information, we have to have such a point. I recognise the challenge of that, but I also recognise that there is an opportunity between now and that body being established for progress to be made. I also say to him that the existing inquests can be rolled into the new body and that their work can carry on in that sense. The new body, the ICRIR, will have more information than inquests do and will have comparable powers to compel witnesses, so it is the view of the Government that the new body will perform many of the same functions, but perhaps even better than the inquest process will. But on his point about the date, no, we have to have a point at which we move to the new process.
Colum Eastwood
It is worth pointing out that we have two days for what is supposed to be the Committee stage, and this is fundamental legislation that needs to be scrutinised. Does the Minister recognise that one of the key victories of the civil rights movement was getting rid of the Special Powers Act? The Act was introduced in 1922, and the architects of apartheid in South Africa looked upon it jealously and stated as much. One of the things they did was to close down access to inquests, but they did not go as far as this Bill, which this Government are just about to introduce in 2022. How in God’s name can that be right?
Conor Burns
The Government’s view is that this body will have more information and more powers than the existing processes and will be able to conduct these reviews faster than the current mechanisms are delivering. I completely accept that there is a difference of opinion between the Government and Opposition Members. Our contention is contested, but the Bill outlines how we intend to proceed.
Part 4 addresses how the vital work of healing and reconciliation, in societal as well as individual terms, will be achieved. Clause 42 makes provision for a new major oral history initiative that, consistent with the Stormont House agreement, will encourage people from all backgrounds to share their experiences of the troubles and listen to the experiences of others. Building on the feedback raised during the Government’s legacy consultation and since, the Bill provides for the designation of expert organisations with the requisite experience and trust to deliver this work collaboratively, independent of Government, by working with existing groups and projects as far as possible.
Clause 42 requires any persons designated by the Secretary of State under part 4 to carry out a gap analysis of existing troubles-related oral history collections in Northern Ireland to identify under-represented groups and communities. As well as collecting new oral history records, particularly from those found to be historically under-represented, the designated organisations must seek to secure the long-term preservation of existing collections by making them more publicly accessible through new digital and physical resources.
To ensure the independence and trust that are vital to success in this area, it is right that a high degree of flexibility is afforded to these organisations in the implementation of this initiative, which is why clause 42 focuses on core objectives and leaves it to the designated organisations to outline key operational details in a published document. This oral history initiative will be complemented by the work of the ICRIR and by wider independent academic research that is underpinned by the Government’s unprecedented commitment to disclosure. Taken together, this will add to the public understanding of the troubles in a way that is both inclusive and contextualised.
Clause 43 provides for an expert-led memorialisation strategy to build consensus and lay the groundwork for inclusive new structures and initiatives to collectively remember those who have been lost and to ensure that the lessons of the past are not forgotten. Within 12 months of being commissioned by the Secretary of State, designated organisations must produce an evidence-based report to the Secretary of State that makes deliverable recommendations on the way forward, to which the Secretary of State must formally respond. As part of this work, designated organisations must consider relevant comparators and lessons from other countries, as well as how any new memorialisation activities will aim to promote reconciliation in Northern Ireland.
Clause 44 requires the Secretary of State to respond formally to the recommendations of the memorialisation strategy provided for by clause 43 within one year of receiving it from the designated organisations.
Clause 45 makes provision for new independent academic research into the troubles. As proposed in the Stormont House agreement, this thematic research and statistical analysis will use the ICRIR’s historical record and family reports as source material. In implementing this initiative, the persons designated by the Secretary of State must use their best endeavours to secure the involvement of all UK research councils to ensure the work is rigorous and to the highest academic standards. The independence of researchers carrying out this work is enshrined in subsection (3). Flexibility is also afforded to designated persons in establishing the terms of reference, although subsection (6) requires the research to include an analysis of gender perspectives during the troubles. The research must be concluded and a report presented to the Secretary of State before the end of the seventh year of the ICRIR’s period of operation.
Clause 46 sets out that annual reports are to be published by persons designated by the Secretary of State to carry out the oral history and memorialisation measures.
Clause 47 makes provision for certain requirements relating to the way in which the oral history and memorialisation measures set out in part 4 are implemented by persons designated by the Secretary of State. It is important that the oral history and memorialisation work takes into account the widest range of views possible, not least those of victims and survivors, who should be at the centre of this work.
Stephen Farry
Is there not a danger of this process becoming rather hollow, particularly when the overall legacy institutions are not seen as legitimate across the wider community and therefore people do not take part in the processes? How can the various academics come to any rounded conclusions if they have only partial evidence with which to deal?
Conor Burns
I am slightly confused by that question, given the Government’s commitment to hand over pretty much all the evidence—[Interruption.] I want to say something to the leader of the Social Democratic and Labour party; by the way, I could say this to pretty much any section of political society in Northern Ireland. He says that they just do not believe us, but if everybody goes around telling them not to believe us, there is very little chance—[Interruption.] There is a reason, and I have just referred to it: the people who will be asked, tasked and made responsible for this will be independent of the Government. They will be given a huge degree of leeway in how they set this up, so that it gains the maximum possible public confidence and support.
Tony Lloyd (Rochdale) (Lab)
Unfortunately, the Minister was interrupted in mid flow. He was about to make the point that the Government will give all available evidence to the recovery body. Two children were killed by plastic bullets, and the evidence around that has been sealed for 45 years, but none of us can understand why national security should mean that that is the case. Will he give a direct answer on this? Will that information be available to the recovery body?
Conor Burns
The hon. Gentleman is a distinguished parliamentarian and a former very effective Minister, and he was a police and crime commissioner for a time. He will understand that I cannot possibly comment on an individual case from the Dispatch Box—no Minister could refer directly to that specific example.
Several hon. Members rose—
Conor Burns
No, I will not give way at this moment. What I can say to the hon. Gentleman is that the information recovery body will be given more information than any other comparable body or current institution that is examining these cases.
Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)
I have some sympathy with the Minister’s position, in so far as everyone wants to criticise the UK Government on the disclosure of information. Given that 90% of the deaths in Northern Ireland are attributable to paramilitary terrorist organisations who refuse to give any information about any of this stuff, I wish there was a bit more balance from some in calling for truth and honesty, when the leaders of some of those organisations are not even willing to say that they were members—never mind leaders—of them.
Conor Burns
The right hon. Gentleman’s point will have great resonance across these islands and with many families whose loved ones were murdered or maimed by the Provisional IRA. Importantly, it will be an undertaking of the British state to pass over information about all incidents on which we have records. My hon. Friends the Members for Plymouth, Moor View (Johnny Mercer) and for South Dorset (Richard Drax) have served in the armed forces and have campaigned vigorously on this, and they will know that it is absolutely the Government’s view that there was no moral equivalence whatsoever between those who were on the streets of Northern Ireland trying to uphold law and order against a brutal, barbaric and evil campaign of republican terrorism, and those who skulked in the shadows and bombed, shot, killed and maimed. The right hon. Gentleman is right to say that we have to be careful in our language not to create any equivalence whatsoever.
Several hon. Members rose—
Conor Burns
The final thing I will say—then I will give way a couple more times—is that the information held by the state will be not only information about the actions of the state, but intelligence on other actors, whom the body could then ask to come forward.
Several hon. Members rose—
Conor Burns
In the interests of balance, I am going to take an intervention from the leader of the SDLP.
Colum Eastwood
Let me take this opportunity to make it very clear that every single murder and every single crime that occurred during the troubles was absolutely and totally wrong—I do not care who did it—and that every single bit of truth, accountability and justice possible should be got at. Every single paramilitary organisation should be coming forward with information, but we know that there is lots of information on those paramilitary organisations, because the British Government have infiltrated them—and still infiltrate them—to the very highest levels. We all know that. The information is sitting in the files of the British Government.
As my friend the hon. Member for Rochdale (Tony Lloyd), says, the reason that we do not trust the British Government is this: Julie Livingstone, Paul Whitters, the Bloody Sunday inquiry, the Ballymurphy inquest. At every single turn, the British Government have tried to stop information getting into the hands of the people trying to find out the truth, including victims, who were told that they were at the very centre of this legislation. I have made this point a number of times now: there is a reason we do not trust you. Why not support our new clause 6, which would put on the face of the Bill that this information should be released to the public?
Conor Burns
The hon. Gentleman knows that in the Bill, a legal obligation is being placed on all agencies of the state to provide the body with all the information they have. That is unprecedented; it has not happened before. Given the levels of trust—I understand why he says what he does to the community that he represents in Derry and Foyle—the truth is that the success or otherwise of this provision will be in the actions and outcomes of the body, when it is up and running. It will get information, some of which we understand and know will be very uncomfortable for some people who have been in the apparatus of the British state over the years. A huge amount will also be very uncomfortable for terrorists, who may think that there will not be another knock on the door for them. The success, or otherwise, will be in the fact that the information is passed over, and the body will have independence to act to get that information out there and, hopefully, to get information to the families.
Jim Shannon
Just last week, it was reported in the Belfast Telegraph that victims’ campaigner Kenny Donaldson—he is well known to everyone in the House, including the Minister and Secretary of State—said that
“if immunity was granted in exchange for information, then terrorists would then be ‘emboldened to wax lyrical’ about their involvement in violence”.
In other words, they would change their whole process.
Unfortunately, what I do not see in this legislation is the victims. It seems that the perpetrators of those crimes are getting off scot-free. The victims are not. That being the case, this legislation does not take us forward in the way that it should. The Government should be bringing something forward that addresses all those issues, but I do not see that yet.
Conor Burns
The current mechanisms are not delivering in a timely way. Time is running out, and we believe that the processes established under the Bill will help to get information to people. Central to the proposal is the fact that the individual who comes to the body, or is contacted by the body, has an obligation to co-operate fully and to give full disclosure. If that disclosure is not deemed by the body to be full or honestly engaged, the body has the absolute right to withhold immunity and pass information to the prosecutorial services throughout the UK.
If hon. Members go back and look at how the body will be constructed—at the expertise of the people who will be on it, at the fact that it will be led by someone from a judicial background, at the police powers of investigation that it will have, and at the fact that this will be the most complete information ever provided to anybody looking at these events—they will see that the chances of somebody coming forward and, in a sense, hoodwinking the commission is vanishingly unlikely. If people do not co-operate—if they withhold information or are not complete in what they tell the body—it is within the body’s rights and obligations to withhold immunity.
Sammy Wilson
In the interests of getting balance in this whole memorialisation process, does the Minister not accept that already in the Bill there is a clear indication that balance will never be obtained? The records that are held are mostly held by the state. The records of state activities are going to be given to the researchers and the body to tell the story and so on. He has indicated that some of the intelligence on terrorist organisations will be given as well, but that in itself is incomplete and the terrorist organisations, we can be sure, are not going to play the same and give the same access as the Government are going to give in this whole process. Therefore, how can the Minister ever hope that this will be other than a one-sided process that will not produce a balance, but will be used and abused to rewrite the history of the troubles in favour of terrorists?
Conor Burns
The right hon. Gentleman is, in a real sense, right to raise those concerns, but the way the process is being set up in the Bill provides more than a possibility that we can find a way of doing this in an inclusive sense—in a way that creates a complete picture of the troubles for future generations to understand—and that will certainly not involve the glorification of acts of terrorism. He is right—and he is right that I alluded to this—that the state holds not just significant information about what the state was responsible for, but significant intelligence-based information on the actions of others that may not ever have been acknowledged before. That will be part of the oral history—the official history, if you like—of the troubles.
Under clause 48, the cross-community, cross-sectoral advisory panel, which will consist of a range of organisations with a defined interest and expertise in this area, will include representation and voices from the victims’ sector. That should provide some reassurance that there will be voices in there making sure that this is not a one-sided account of the history of the troubles.
Conor Burns
I will give way to the hon. Member for South Antrim (Paul Girvan) and then to the hon. Member for Belfast East (Gavin Robinson). I will then finish, and then the Committee can consider the clauses in detail.
Paul Girvan
On the last point, we have a difficulty in that many organisations have been set up to tell the story of victims and to fight on the victims’ side, but there are a large number of victims—I can talk personally, from a family point of view—who do not want to engage with anybody because they want to put this sad history behind them: unlike a lot of people who want to keep opening this up, they want to bury it. Where are those people’s views ever going to be heard? That is the difficulty that I have. Members of my own family will not engage with any victims’ groups. They do not want to be involved with them because they believe they all have an agenda and, for some, it is to rewrite history. We fear that this process will be used as an opportunity to rewrite history and to bring forward a narrative that will suit, primarily, in my case, a republican agenda, which will be spun by those who have a machine behind them set up to do that.
Conor Burns
I entirely understand where the hon. Gentleman is coming from and I entirely understand what he says about the range of views within victims’ groups, and even within individual families, about how they want to approach this. In a sense, there is no right or wrong thing to do here. These are matters of judgment, and the view that the Secretary of State and the Government have come to on how we proceed is that this gives a chance for a degree of reconciliation that is not delivered by the existing institutions.
For those who take the view that the hon. Gentleman describes and want to be cut off from the process and freed from thinking about it, often because what happened is so intensely painful to them that the pain of connecting to the events and to the losses is overpowering, we totally and utterly respect that. No one will be compelled to participate in an oral history or a remembrance of an event if they do not want to, but for those who do, it will be there. We will set it up as I have described, involving victims’ organisations and the cross-sectoral, cross-community advisory panel, to try to make it as inclusive and as embracing as it can possibly be.
Rather like the information recovery body itself, however, the success or otherwise of the memorialisation process will be judged only when it is up and running. It will be judged only when people can see what is happening and can make a judgment call on whether we have achieved, in the institutions we are creating, the objectives we set ourselves and the chance for greater reconciliation in Northern Ireland.
Gavin Robinson
While the Minister took issue with the comment from the hon. Member for Foyle (Colum Eastwood), it proved his salvation, because it allowed him to completely ignore the point that the hon. Member for North Down (Stephen Farry) was making: irrespective of whether people believe the Minister or not, they will not engage in the process. We have seen victims’ groups say they will not engage in the process. We have seen organisations that represent republican terrorists indicate that they will not engage in the process.
As the Minister concludes his remarks, I say to him that on Wednesday he had the opportunity to accept an amendment that would have removed the pitifully low fine for non-engagement if notice was served—three days of the Minister’s wages—for something more substantive and meaningful, and he was against that amendment. He knows there is no encouragement or inducement to engage in this process. He knows there is no consequence for lying as a result of the process. He knows that, even if somebody stays outside the process and is prosecuted, the sentencing regime will be reduced from two years in prison to zero years in prison. On each and every one of those points there is an amendment that the Government could engage with to make sure that the process works, yet still they are against them all. Why?
Conor Burns
I have huge respect for the hon. Gentleman and the points he makes. What I will say to him from this Dispatch Box, from the Government Front Bench with the Secretary of State beside me, is that these points have been made incredibly powerfully by the hon. Gentleman on the Floor and reinforced by my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith).
The hon. Member for Belfast East is correct that the amendment on the fine for non-engagement was on the Order Paper last week. That question and the question on sentencing are things that—I think I am allowed to go this far—there are active conversations about internally. This is the Committee stage of the Bill, and the Bill will leave the Committee and will go to the other place. We are very carefully listening to the validity and strength of some of the arguments, but we must ensure that we get the Bill technically and legally right.
Mr Evans, you referred at the beginning to the fact that we will return later today to a manuscript amendment, at another stage of this Bill’s progress. That manuscript amendment is based on an amendment last week that we worked closely with the Opposition and other parties to get right, and we will table it tonight to achieve that. Just because we are not accepting an amendment as drafted this evening, or indeed last week, it does not necessarily mean that we have closed off interest in considering that in more detail to see if we can build on the ideas that the hon. Member for Belfast East has and improve the Bill further at a later stage.
Richard Drax
As we have heard, if a terrorist is convicted, they spend a maximum of two years in jail. As I understand it, if a terrorist does not come forward to this body and give information, they could still be investigated judicially. If there is sufficient evidence to bring a terrorist to court and they are found guilty, does that two-year jail term still apply, or can they be convicted for a proper length of time to account for their appalling crime?
Conor Burns
The short answer to my county neighbour is yes. That is why we are reflecting very carefully on the points that the hon. Member for Belfast East, my right hon. Friend the Member for Chingford and Woodford Green, and others, have made as to whether that is the right way to proceed, or whether we might want to have another look at that whole area and the wider context of the Bill as it progresses through its remaining stages.
I have done less today than I did last week, which I think is a good thing for everybody, including me. I look forward to hearing the detailed debate during the afternoon and evening, and look forward to returning to respond on behalf of the Government to the Committee later today.
The Second Deputy Chairman of Ways and Means (Mr Nigel Evans)
Could I ask anybody who intends to try to catch my eye to stand so that we can get an idea of numbers?
Several hon. Members rose—
Peter Kyle (Hove) (Lab)
I will try to keep my remarks as brief as possible as well. We do not want to end up in the situation we did last Wednesday, where it took three hours before we heard a speech from a Northern Irish Member.
Today, we are going to scrutinise parts 3, 4 and 5 of the Bill, followed by the final stages. This is a major undertaking in such a small amount of time, particularly for legislation on such sensitive issues. The Government’s rushing the Bill through has only deepened mistrust in its proposals. Opposition amendments 114 and 116 highlight some of the gaps between the Government’s rhetoric and what the Bill actually delivers. I hope the Committee considers the amendments with the same generosity it did amendment 115 last Wednesday, and that once again we can find agreement on how to improve the Bill. The Opposition will be supporting other parties in their attempts to remove clause 39. We will also support new clauses 4 and 5, which are thoughtful attempts at improving how immunity works.
Our amendment 114 is based on exploitation proceeds orders from the Coroners and Justice Act 2009, which stop criminals in our country profiting from their crimes, usually through books or memoirs. Our amendment would allow the Secretary of State to make regulations to ensure that people given immunity cannot then profit from the actions that they have just admitted to. The test that Labour has set remains that this Bill needs to offer greater benefits to victims than it does to perpetrators of terror.
The Government have repeatedly told us that as a result of this Bill all victims might get—might get—information, yet perpetrators stand to benefit much more. If basic tests are met, they must be granted irrevocable immunity from prosecution. There are no conditions to that immunity. There is nothing stopping people from then using their immunity to write down their own history of their crimes and profit from them. What is more, only perpetrators have to give the immunity panel an account of events that is true to the best of their knowledge. No input from victims is required. Quite simply, the Bill hands perpetrators control over the narrative of their crimes. Indeed, once a perpetrator has been granted immunity, I cannot see any limits on what they can do with it. There is nothing to stop terrorists writing books and seeking to justify the mayhem and senseless killings that they have carried out. Undoubtedly, that would re-traumatise victims. This is not idle speculation but a concern that victims have raised with me directly.
Just after my appointment, I travelled to Northern Ireland and sat with Paul Gallagher. Paul was left in a wheelchair after a loyalist gun attack in 1994 when he was just 21 years old. Paul told me that it cut to the core when he learned that his shooting featured in a book about his attackers. It contains a first-hand account and justification of Paul’s shooting by the paramilitaries. No one asked for Paul’s consent, or his version of events. This Bill would not only allow perpetrators to live in freedom, but empower them to tell their own version of events in their own names, without fear of prosecution.
Johnny Mercer
The hon. Member makes an important point, and the whole Committee will be united in agreeing with what he is saying. He is absolutely right. Can he clarify to those of us on the Government Benches where the balance is between the glorification of terrorism offence that exists in the Home Office legislation at the moment and what he would like to see added to this Bill to make sure, as I think everyone would accept, that none of what he is saying comes to pass?
Peter Kyle
There is previous and existing legislation relating to crimes, but when people have served their sentence, they are not given immunity afterwards. This Bill gives immunity from prosecution for crime, and therefore people can go on to tell their version of events without any repercussions in the law. That is what the amendment seeks to tackle. It is a real challenge that simply does not apply to other parts of the criminal justice system. The measure as it stands will enable people to draw a profit from the horror that they inflicted on the innocent lives of others. That the Bill will have these effects is truly chilling. Amendment 114 would mean that perpetrators of troubles-related offences do not enjoy benefits as a result of this Bill which do not exist for other criminals. This is a very low bar that this Bill needs to pass to ensure that it is not deepening divisions, instead of fostering reconciliation. I am glad that the Chair of the Northern Ireland Affairs Committee, the hon. Member for North Dorset (Simon Hoare) has added his name to the amendment.
Our amendment 116 would remove the provisions into the Coroners Act (Northern Ireland) 1959 that require the closure of existing troubles-related inquests in Northern Ireland. The Bill is meant to provide information for victims and promote reconciliation. One way in which victims have received information about what happened during the troubles is through inquests. Only last year, on 13 May 2021, did we have findings from the Ballymurphy inquest. In his statement to the House, the Secretary of State acknowledged the power of an inquest for families. He said that
“the desire of the families of victims to know the truth about what happened to their loved ones is strong, legitimate and right.”—[Official Report, 13 May 2021; Vol. 695, c.277-78.]
The campaign for justice in Ballymurphy has reminded us all of that, if we needed to be reminded at all.
On Second Reading, the former Secretary of State, the right hon. Member for Skipton and Ripon (Julian Smith) asked the Government to look again at the Bill’s proposals on the closure of existing inquests. The Minister at the Dispatch Box, the right hon. Member for Bournemouth West (Conor Burns), confirmed that he would, but we have not seen anything from the Government about any amendments they are bringing forward on this matter. Indeed, it was not addressed in the speech that we have just heard from the Minister.
Our amendment would simply remove the clauses of the Bill that close existing inquests in Northern Ireland. There are not many. The total figure is likely to be fewer than 20. Last month, Sir Declan Morgan, a former Lord Chief Justice of Northern Ireland, gave evidence to the Select Committee. He summed up why it is unjust to close existing inquests on the basis of whether they have reached an advanced stage by the time the Bill is enacted. For the benefit of those who are not keen followers of the Select Committee, Sir Declan developed the five-year plan for dealing with remaining legacy inquests. It had its first year in 2021 and has been disrupted by the pandemic. These inquests have already had funding confirmed.
Sir Declan told the Committee:
“Of the 56 inquests that comprise the legacy inquests, 20 have been heard so far…A further 10 are already identified as year three cases, which will get hearing dates, other things being equal, between the end of 2022 and 2023. That would leave standing, as it were, 21 inquests. Some of those inquests relate to multiple people. For instance, the Stalker/Sampson inquest relates to four people. That would leave 18 cases to be dealt with.”
What is the justification for ending those 18 cases, when other people who are part of the same five-year plan will have their inquest heard?
Dan Jarvis (Barnsley Central) (Lab)
The shadow Secretary of State is making an excellent speech. He mentioned the Ballymurphy inquiry, which shows what can be achieved even after a long time. Some 50 years on, the families were provided with some truth and justice, and it was shown that the victims were not guilty of any wrongdoing. Does he share my concern that the commission will not be able to investigate in the same way and therefore, in future, families will be denied that same right to truth and justice, however long it might take?
Peter Kyle
My hon. Friend makes the point incredibly powerfully and well. It is true that the information and justice that came out of that inquiry, and others, had a profound impact on the victims’ families.
We should also not forget how long those families campaigned to get the inquest in the first place, which is an essential part of it—some have campaigned and called on Ministers to deliver inquests for decades. Some of those inquests have been granted, so it would be incredibly painful for them to be cruelly snatched away now. This is a process that families have faith in, and as we well know, faith and trust in state practices in Northern Ireland is hard won.
Crucially, the cases are not separated on merit; they are in a list based on a range of practical factors, such as resource availability. Most families who are part of the five-year plan know each other and have supported each other’s efforts. It is cruel to allow some of the remaining inquests to continue, but close others based on the order in which they were due to proceed. At a time when the Government need to be reaching out to victims, such provisions only push them away.
Gareth McCord’s brother Raymond was beaten to death in 1997 by a loyalist gang. A pending inquest into Raymond’s death is one of those that might be closed by the legislation. Gareth wanted me to put on the record how that is affecting his family. He said:
“We are being punished for obeying the laws while those who murdered and maimed will be officially rewarded with an amnesty. Raymond would be 46 years old now. For nearly 25 years our family has suffered on all levels. Hearing this news that inquests are to be shut down I have no doubt will remove what kept us going.”
The Government must justify why closing existing inquests is worth the price that they are asking from victims and their families.
Johnny Mercer
I pay tribute to both Front Benchers—the Minister and the hon. Member for Hove (Peter Kyle)—for the manner in which they have engaged with these subjects. I will not speak for long—we have been over much of this ground—but I will cover a couple of things that I heard in the speeches of Northern Ireland MPs last week, which were very good, and a couple of points that have been made today. I will then stay again and listen to all the points of Northern Ireland MPs.
My first point is about homogeneous views and veterans and families. The hon. Member for Foyle (Colum Eastwood) mentioned that families involved in Kenova are not interested in criminal investigations and that they just want information. He is a good man and is not misleading the Committee— I accept 100% that that is what he believes—but I have spoken to other families who are not in that position. The problem is that if we present our personal experience as a homogeneous view, we will never get anywhere in this process.
I disagree with the hon. Member for Barnsley Central (Dan Jarvis), who is a great friend and represents the same cohort as I do. He said that the military have deep concerns about the proposals, but in my experience, they welcome them, because they bring some conclusion. At the same time, however, he is right. I urge all hon. Members to engage in the debate conscious of the fact that none of those disparate groups, which all have different experiences of the conflict in Northern Ireland, has homogeneous views.
Johnny Mercer
Of course I will give way in a minute.
That is why this space is difficult for the Government, because there is no clearcut answer to what we are trying to do. Whatever we do, somebody with an absolutely righteous cause, who is absolutely right, will object to it. The difficulty for us as politicians is to try to act in the round. Although we all want the sort of justice that has been talked about, the net result of that is soldiers being in court cases like some of those I have sat through in the last couple of years.
Colum Eastwood
I am very grateful to the hon. Member; we are becoming good friends here now. I agree with him on the issue of homogeneous views. Of course, it is absolutely right that many families internally—within those families—have different views. I have not met too many who do not want to seek truth. I suppose the experience that we have, having dealt with so many of these cases—and the experience of Kenova, which he talks about—is that unless we properly investigate, put people under the cosh and do it properly, we are not going to get to the truth. I think in nearly every family’s experience, whether from a paramilitary organisation or the Government, truth does not come knocking at their door. It does not come willingly—it just does not happen—unless they are put under pressure. That is why removing the investigation and removing at least the possibility of criminal proceedings is also, in our strong view, removing the opportunity for many families to get any truth.
Johnny Mercer
I have a lot of sympathy with the hon. Member, and he is right in a lot of what he says in this space around investigations. I have repeatedly stated that I would like the Government, as they have done by introducing amendments today, to continue to be receptive to changes to the Bill as it goes to the Lords. It is not only about the issue mentioned there. The issue of sentencing has also been raised by those from one of the Northern Ireland parties. I think it is absolutely critical that if people choose not to engage in this process, there is a heavier burden and a heavier penalty for not engaging in this process than there currently is, and I would urge the Minister to take that away.
I want to tackle the narrative about collusion, which is an incredibly difficult term. It is a real touchstone for the security forces, and I understand why. The reality is that a lot of these young men and women who went to serve in Northern Ireland did not choose to go to Northern Ireland; it was somewhere they went as part of their duties. While collusive behaviours have been highlighted over the years—things that have caused immense pain to families, which I totally understand—collusion, as a stand-alone term, has never been proved in court.
I will tell the Committee why this is so difficult for members of the security forces. Conflict such as this is never clearcut. We cannot have an honest two-way debate about it in public, with clear rights and clear wrongs, because it is so messy—it is so messy—and that is not the operators’ fault. The operators were young men and women making incredibly difficult decisions around incredibly complex scenarios, with lots of different factors affecting the way they made those decisions.
I am afraid—as someone who has consistently asked for the Government to do a better job of holding their own people to account in the military—that I cannot honestly stand here and allow the collusion narrative to go through without challenge, because these men and women committed everything to try to restore peace in Northern Ireland, while there were those, who have been talked about, who got up in the morning and genuinely thought it was the right thing to do, to advance their political aims, to murder women and children—to murder women and children in the name of politics.
I recognise that Northern Ireland MPs accept that, but I would gently say to them that there is a reason why people feel the narrative has got out of control. The reason is that things have been mentioned about what took place, and of course the military kept loads of records—of course it did—so it was always going to be out of balance. People such as the IRA, Gerry Adams and all the rest of it, never kept records, so of course there is going to be an imbalance.
I would just urge people to think about the young men and women who went to serve there. They never went out there with the intention of ending up on the wrong side of the law or the wrong side of history. I have always accepted that things happened in Northern Ireland that should never have happened and were not investigated correctly, and families have suffered immense pain. However, we must never let this collusion narrative run away to the detriment of the service of those brave men and women in Northern Ireland.
Colum Eastwood
The hon. Gentleman has forwarded the argument about collusion a number of times, and I totally agree that we need the whole picture. If I accept that, will he accept that there are now very few people left who do not agree that there were collusive practices, that collusion was a thing, and that people who were being paid by the state murdered people in Northern Ireland? That is the whole point of the Kenova investigation.
Johnny Mercer
This is an incredibly challenging place, and I will choose my words carefully. Were people who took public money involved in killings in Northern Ireland? The state undoubtedly ran agents on all sides of the conflict, but the truth is that collusion has never been proved in court. The hon. Gentleman can get frustrated with that, but that is the way the country works.
Johnny Mercer
I am not the only person left. That is the way the country works. There are other people who think that collusion existed every day. They are very loud, and they tell everybody about it every day. There is another side, a quiet side, who are getting older now, and who think, “Actually, there wasn’t collusion. We did our best in incredibly difficult circumstances, but there was no formal collusion. We did our best to bring peace to Northern Ireland.”
Colum Eastwood
Let me ask the hon. Gentleman one simple question: there are countless examples, but has he ever heard of Stakeknife? He has quoted Kenova.
Johnny Mercer
I am afraid I know the Stakeknife case intimately, which is why I said what I said at the beginning of these remarks. Obviously, I am not going to talk about individual cases, as that would be wrong. I totally understand where the hon. Gentleman is coming from on this issue, but there is a difference in the English language between collusive behaviour and collusion proved in court. To go over that line is a disservice to those who served, but I am sure we will continue this conversation for many years to come.
There was another point about people not engaging with the information recovery body in Northern Ireland
Sammy Wilson
Before the hon. Gentleman moves away from the point about balance, he and I share the view that there must be a mechanism to ensure that the history of the troubles is not rewritten, and that those who stood up against terrorism are not made the equivalent of terrorists, or have their name blackened by the imbalance of information. On disclosure of information, the Bill lists state institutions that can be instructed and given guidance by the Secretary of State about the kind of information that ought to be provided. There is no equivalent—there cannot be—on the terrorist side, and that is where the imbalance will come from.
Johnny Mercer
My right hon. Friend is absolutely right, but as he said, there cannot be an equivalent. So what do we do? The situation is grotesque. There are no winners here at all, but as he said, there cannot be that mechanism on the other side. All I would say to my hon. Friend—Northern Ireland Members probably do not consider me that these days, but they are my friends—is that while I totally understand why they go on to a narrative about “We must have justice for this particular murder, and that one”, which everyone agrees, they must also accept that the price of that is the experience of people such as Dennis Hutchings, who they have stood up and spoken against as well. The two things cannot co-compete in this space.
Johnny Mercer
I am happy to give way in a moment.
At some point we have to decide where the balance lies. If we constantly go over this saying, “Justice, justice, we will get there in the end”—0.1% chance, and the experience of all these veterans going to court in Northern Ireland has been an absolute joke; I am sorry to say that it has reflected very poorly on everybody in Northern Ireland. These veterans are going through the last 10 or 11 years of their life under this, and dying alone in a hotel room in Belfast. It comes at a price, and my hon. Friends have to be honest about that price and whether it is one worth paying, for the majority view, in getting at the truth and trying to understand what happened at that time, and bringing some sort of peace to the families.
Gavin Robinson
I would love to say that I am enjoying the hon. Member’s third Second Reading contribution. He knows full well—he sat on the Defence Committee, as did I—that the consequences and problems that we highlighted were repeated in investigation after investigation. The option was there for his Government to embrace the argument about what is required under article 2 of the ECHR and how the state has discharged that duty through a previous investigation, but his Government did not want to engage with that. They could have embraced that in a way that would have supported veterans and others. That is honesty. That is an honest position to hold, but his Government did not have the bottle to do it.
Johnny Mercer
I was in the Government, and I left the Government. Look, lots of discussions on legacy have taken place over the years. I sat on the same Committee as the hon. Member, and he raises a fair point, but it comes back to the same argument. This is where we are now. If the Government will accept his amendments, they will do and, if not, they will not, but if that means that we do not engage in this process—this is the last chance—that would be a huge mistake.
The last time that happened—this is the problem with what the hon. Member just said—was with the Historical Enquiries Team. I sat in a court in Belfast on the murder of Joe McCann when Soldier A and Soldier C—two soldiers, one significantly older than the other—gave evidence. One of them had a reasonable memory—the other did not—and gave a cohesive account of what happened to the Historical Enquiries Team, under the auspices that it would not be used to prosecute him, in order to bring some peace to the McCann family. Five years later, he sat in court with that evidence being used against him. That is why this process is needed.
Johnny Mercer
They were prosecuted. Soldier A and Soldier C ended up in court in Northern Ireland—I was there—and the evidence that was attempted to be submitted was from the Historical Enquiries Team.
Johnny Mercer
I will give way, because I am the only speaker on the Government side and I think that we want to have a debate. I do not want to bore anyone, though.
Gavin Robinson
The hon. Member knows that that prosecution collapsed, and rightly so. The court was hugely critical of how what was presented as new evidence had only a new cover letter on top of it—there was nothing new in the evidence—and there was a direction of no prosecution.
Johnny Mercer
That is my point: the fact that it got there and those two soldiers went through that process for nine years of their lives from 2005 to 2014. The wife of one the soldiers died during the process. That is why we need this process. A lot of this could have been done better over the years, but we are where we are.
I have a concern that people in Northern Ireland will not engage with the process and that victims and other groups will not come forward. That is a legitimate concern—I can see that campaigns will be run to try to get people not to engage. The only people who will lose out will be the families in Northern Ireland. For some time, they have been taken on journeys that, at times, were unfair on them. That is not a popular thing to repeat given the side of the argument that I come from, but some of the practices have been unfair on them.
Finally, I turn to glorification, and I urge my right hon. Friend the Minister to listen to Opposition Front-Bench Members on that. I know that there are provisions in legislation—[Interruption.] Not about crime but specifically about the glorification of terrorism. We must be very careful that those cowards who got up in the morning to murder women and children for their political aims are given absolutely no opportunities to glorify what they did. We must double down and ensure that there is no gap in legislation where those people could take advantage of their crimes.
Carla Lockhart (Upper Bann) (DUP)
Will the hon. Member support the amendment on glorification this evening?
Johnny Mercer
As I understand it, conversations are ongoing about how that objective can be achieved—[Interruption.] No, it is not as simple as that. I have been a Minister and seen amendments that, on the face of it, looked like they would improve a Bill, but the reality is that certain things cannot be done because of how other legislation bumps up against them. Legislation must to be crafted in the correct way. As I understand it, Ministers are looking at that with the Opposition and they will ensure that there is no gap in the legislation that allows for terrorism to be glorified.
I have sat through all the speeches and every minute of the Bill’s passage, and I am afraid that I repeatedly hear things that are not true. We all have a responsibility to deal with this issue not as though we are speaking to our home crowd but as it actually is. If not, ultimately, the people who will lose out are families, victims and veterans. For me, they have always been at the heart of the debate, and I hope that we can continue to hold them there as we progress.
Richard Thomson (Gordon) (SNP)
I will attempt to emulate previous speakers in trying to speak for the shortest possible period, although as I spoke for only 2 minutes and 40 seconds on day one, that might be something of a challenge given the interest in the amendments before us. Nevertheless, I will do my best.
I turn first to amendment 114 and new clause 2, which seek to prevent people from profiting from conduct for which they have been granted immunity. That seems to be, at the very least, the baseline outcome for which we should look from any such process. It is unconscionable at the best of times for people to profit in such a manner from crimes that they have committed, and particularly so when a status of immunity has been granted. On that basis, that amendment and new clause have the SNP’s support. As, indeed, does amendment 116, on keeping troubles-related inquests open.
I have been clear throughout that our preference is to allow historical inquiries to continue and for them to be properly resourced, not necessarily with any huge expectation of convictions but simply to allow a police-standard inquiry to continue and to keep hope alive. That seems to be at the heart of what many of the families of victims are seeking most from the process. Flawed though the legislation is in principle, it would be easy for it to resolve the situation of closing down not just investigations but promised investigations simply because of their order in the queue. It would be easy for the Minister to resolve that, so I hope that he will consider the amendment and incorporate that into the Bill.
I said on Second Reading that I thought the immunity process placed a pretty questionable obligation on those seeking immunity to tell the truth, and that requiring them to do so only to the best of their knowledge and belief is a considerable distance short of being the truth, the whole truth and nothing but the truth. To that extent, the SNP very much supports new clause 5 to the effect that, were evidence later to come to light that someone granted immunity had failed to meet condition B in clause 18, that immunity would be revoked. I do not think that immunity, once granted, should always be forever if it was found to be achieved through someone acting in bad faith. Again, I accept that the bar for that would necessarily be high, but nevertheless that seems to be a baseline output from a Bill being driven by such principles.
I turn to new clause 4 and the aggravating factor of glorifying terrorism. I very much appreciate what it seeks to do—we would all deprecate any attempts to glorify terrorism—but I am less certain about how it might work in practice or how solid it is. However, I look forward to hearing speeches on that. We will listen carefully to the arguments.
Finally, I will briefly address some remarks to new clauses 6 and 7. New clause 6 would be a valuable addition to the Bill. I accept the Minister’s good faith on how the state would intend to open up its records, but it would place in legislation a duty of openness on the Government, not just on opening up files but on specifying those that have not been opened and giving some narrative on that. That would be a worthwhile addition to the Bill.
Colum Eastwood
I very much welcome what the hon. Gentleman is saying, particularly on judicial reviews and civil actions. I think he would agree that it is particularly egregious that the Government are seeking to close down the civil route for victims. The deadline for putting in new civil cases was the day the Bill was announced and published. For me, that was particularly difficult to take. Does he remember the example of when Michelle O’Neill, who was Deputy First Minister at the time, stopped and held up the opportunity for victims to get access to the victims’ pension? It was actually the judicial review process that got that position overturned and now, finally, victims have the opportunity to avail themselves of that. We have countless examples of where victims have used JR in civil cases to get a better result than they got from the Governments who are supposed to represent them.
Richard Thomson
I thank the hon. Gentleman for that intervention. To speak to his wider point, the right of access to judicial review is a fundamental right for any individual against an overreaching Executive or Government. It is only right that that route should remain open to people, notwithstanding the Bill. To incorporate that right in the Bill would provide a very important safeguard for people. I urge the Minister to ensure it is there, so that that right is not in question at any stage after the Bill is passed.
Sammy Wilson
First of all, we understand how sensitive the whole issue of legacy is: we live with it every day in Northern Ireland. We get representations from our constituents about it and there are varying views, but the one thing the Government have to be aware of is just how much opposition there is to the proposals on the table tonight. We have tabled amendments that we believe would improve the Bill. Would they make us vote for the Bill? No, they would not. But at least they would improve the way the Bill operates for victims and how it addresses the unfairness that those who involved themselves in terrorism will now be able to walk away free.
If we look at the terms of the Bill and what victims get out of it, we can see why there is so much opposition to it. We welcome the fact that the Government have now accepted the proposals put forward by my hon. Friend the Member for Belfast East (Gavin Robinson) on ensuring that those who were involved in sexual crimes do not use the cover of the troubles and their involvement in paramilitaries to be granted immunity, but there are other proposals that I believe are equally compelling, and the Government ought to look at them. First of all, from the victims’ point of view—this was mentioned in the last point made by the SNP spokesman, the hon. Member for Gordon (Richard Thomson)—those who want to take civil actions can now no longer do so. Those were the only avenue open to many people. Indeed, in the case of the Omagh bomb and others, we saw how people were able to at least try to overcome the deficiencies in the police investigation. What is on offer for those who are victims?
Terrorists who co-operate and tell the truth, at the end of the day, after they have admitted their role, will walk away with no sentence at all—no time in jail. They are free; they are immune. Those who do not co-operate can still be subject to an investigation, but there will be no outcome at the end of it, other than if they are successfully prosecuted. Their crime will be highlighted but they will not pay any price for it.
For those who, laughingly, go into the process and tell lies, and hurt the victims more, there will be no sanction either. One amendment we have tabled will ensure, if the Government accept it, that those who knowingly lie in the process at least know there will be a sanction on them. It is a reasonable amendment, and the Government should accept it. Otherwise, there is no incentive for people to go into the process and tell the truth. The Government may well argue, “Why would you go into the process if you don’t intend to tell the truth?” The fact of the matter is that here are people who engaged in murder and terror for so many years. It may well be that simply to avoid the prosecution process, they are prepared to go in, hoping that nobody actually knows and has sufficient information to expose the lies they are telling. But if they knew there was always the chance that, having been caught in those lies, some sanction or penalty would be imposed on them, then we may well get at least some indication. They would know there was some penalty involved at the end of the day.
On the amendment on the glorification of terrorism, this is a big danger. We have seen it already with members of the IRA, some of whom are now MLAs in Northern Ireland. They committed crimes, escaped from prison with a prison officer killed and now go around boasting about it. It is how they pack people into their dinners for fundraising. They write about it in books and make money out of it. The real danger of the Bill is that once they have been granted immunity, they will be totally free to do that without any comeback at all and with no sanction imposed on them.
Johnny Mercer
The right hon. Gentleman is absolutely right, particularly on those seeking elected office who have been convicted of horrendous crimes in Northern Ireland. Does he agree that the converse problem is that we have individuals in the justice system and so on who also have interests on different sides of the argument? They get to a different position, such as a prosecutorial position, and then make a decision based on that. So the whole system has the challenge of individuals within it who hold views on different sides of the debate, and that is why the Government have to act.
Sammy Wilson
I really do not understand the logic. The Government must act to deal with the hurt that victims have been caused, not increase that hurt in the ways I have outlined in my speech so far by making it possible for those who have involved themselves in terrorist activity to walk away with no prosecution. They can lie and still walk away with no prosecution, or they can engage and walk away with no prosecution, and at the same time not even leave a civil remedy open to the victims. Furthermore, once those people have been granted immunity, the Government are allowing them to make money out of it—or worse, allowing them to encourage another generation to engage in the same activities by boasting about what they did, why they did it and the outcome: “And by the way, you can walk away at the end of this process. Here am, able to tell my story and encourage other people to think that I did a good thing, and here has been no impact on me at all.” That is why the amendment about the glorification of terrorism is so important.
There are people who never even lived through the troubles who now think that nothing wrong was done during the murder campaign. Why is that? Because they go to events where they are told, “What we did was the right thing. We are proud of it!” Furthermore, even play parks are named after those who engaged in that. The lesson for children is that the terrorist, sectarian campaign was totally legitimate.
Jim Shannon
My right hon. Friend is absolutely right. The prison officer who finally died as a result of the breakout from the Maze was one of my constituents. His wife still lives in my constituency, but his son is dead. The grief of such families has not in any way dissipated over those years. Yet prominent Sinn Féin MLAs and former IRA terrorists glorify those events as if they were part of a great “Roy of the Rovers” story. They were not: they involved the murder of innocent people, who gave their lives for this country. My right hon. Friend is absolutely right: the hurt, pain and soreness that my constituents in Strangford feel will last for all their lifetimes, until the day they die.
Sammy Wilson
The problem is that we do not know how many other Gerry Kellys are there, lurking in the background, who have not yet faced prosecution or got over the whole legal process, been sentenced and had sanctions imposed on them. Once that has happened, of course, he thinks he can go and boast about it, but there are probably a whole plethora of people within the ranks of terrorist organisations who currently fear that if they did that they would be opening themselves up to prosecution. Once they have been granted immunity, of course, they will be free to do so.
I hope that the Government will accept a number of the amendments that have been put forward. I hope that they will not allow a situation to develop in which, having been granted immunity, the terrorist can rub the victim’s face in the dirt by boasting about their actions.
I still have huge concern that the Bill has the seeds of an unbalanced narrative about the troubles. I listened to what the Minister said, but the truth is that when it comes to that narrative, the main source of information—the Bill makes clear the range of public and Government bodies that will be given directives to reveal information—does not have the equivalent on the terrorists’ side. I accept that the Minister says that police intelligence can also be revealed, but the very fact that so many people were not prosecuted and so many thousands of murders were never solved is an indication that the intelligence that the police, Army and state hold about terrorist organisations is incomplete. They are not likely to complete it, yet there will be an obligation on the state to reveal what it knows about the activities of the security forces.
That will, I believe, lead to an imbalanced report of what happened and will leave the door open for the information to be exploited by those who, as we have seen, are masters of the manipulation of public information. That is another huge flaw in the Bill, and one that I think we will live to regret.
Bob Stewart (Beckenham) (Con)
I thank the right hon. Gentleman for allowing me to intervene, and I utterly agree with him about the narrative. What sickens me is the fact that when history records what happened—the troubles, all the murders and the terrorism—the narrative will be, in the end, “Well, the Government decided that we did nothing wrong.” That is what really worries me about the Bill. I will vote for it, but I will sup with a very long spoon.
Sammy Wilson
I thank the right hon. Gentleman for his intervention. He is quite right.
The Minister said that the Bill is not about equivalence between terrorists and those who bravely fought them in Northern Ireland, but the truth of the matter is that it is. The mechanism open to terrorists is the same as the one that those who were in the security forces have to use. There is equivalence here. No matter how the Government try to twist on this one, I believe that the Bill does a huge disservice not only to victims but to those who fought bravely and sacrificed in Northern Ireland—the very people who many Government Members have rightly sought to defend as constituents, and who have been unfairly dragged through the courts not once or twice but, in some cases, three times. Yet the mechanism open to them is the same as the one open to terrorists. That does those people a disservice.
The victims, the security forces and the people who suffered through the terrorism in Northern Ireland have all had a disservice done to them. If some of the amendments that we are debating were accepted, that at least might ameliorate some of the deficiencies, but it would not make the Bill acceptable.
Gavin Robinson
I follow on from my right hon. Friend’s point about the frailties of the Bill. We have been consistent in our position that it is a corruption of justice. For me and my colleagues, one of the most disappointing things about the process is that here we are, on day 2 of Committee, and we should be discussing the merits of amendments that try to do what is in the best interests of people who have suffered through years of conflict in Northern Ireland, but all we get from the Government is that they cannot—or will not—accept amendments; they refuse.
I heard the hon. Member for Plymouth, Moor View (Johnny Mercer) indicate his support for our new clause 3, which looks at sentencing issues, and I have heard warm support from Labour, the SNP and others around the Chamber about the merits of our amendments on glorification. Yet still there is this intransigence. We, the representatives democratically elected to come to this Chamber and make laws that actually work for the people we represent, are told that it is really not our business because the amendment might involve a write-around or bureaucracy, so we should just leave it all to the Lords.
What are we doing? What have these two days of scrutiny been for if our scrutiny amounts to nothing? It is even worse when people in the Chamber accept the very points that we are making but say, “Ah, but our hands are tied. It would be far better if Members of the House of Lords dealt with it.”
Bob Stewart
I entirely agree. Please will the Government accept the amendment that would stop the glorification of terrorism? That glorification is wrong, and we should not agree to it. I urge the Government—my own side—to accept the amendment, because it makes absolute sense.
Gavin Robinson
I am very pleased that I gave way to the right hon. and gallant Gentleman. I have appreciated all his contributions on Northern Ireland issues over the years.
The amendments that the Committee is considering were tabled in advance of the sitting last Wednesday. Discussions about legal applicability, drafting and getting it right could easily have occurred over the weekend, exactly as they did with respect to amendment 115, but I am sorry to say that there has been a lack of willingness to engage thoughtfully and productively with the amendments that have been tabled. It is no use telling us that addressing them cannot be done tonight and will have to be done in the other place, when we have demonstrated over the weekend that it is possible. From listening to the concerns of victims in Northern Ireland and those who represent veterans’ organisations, the police and the Army, we know that there are aspects of the Bill that we can improve—and yet, try as we might, all we face is stiff Government resistance.
Johnny Mercer
If some of the amendments are accepted, will my hon. Friend be minded to vote for the Bill?
Gavin Robinson
I hope that the hon. Gentleman has listened to my contributions throughout these proceedings. We voted against the Bill on Second Reading because we believe that it is a corruption of justice. We will vote against it on Third Reading because the same corruption of justice will apply. The hon. Member represents a very bespoke view, or one-sided view, of the issues.
Gavin Robinson
It is not unfair; I think that it is absolutely appropriate. I do not say it as any criticism or to malign the hon. Gentleman. He and I take an interest in veterans’ issues: we have both served on the Select Committee on Defence, and he has been a Defence Minister and has served this country honourably.
I represent victims in my constituency. I represent people who have been blown up, bombed and maimed by their own neighbours in their own community. I represent families who walk the streets of Belfast and know that they are walking past the perpetrators who took their loved ones’ lives. I hope that the hon. Gentleman will therefore accept that when we say that the Bill is a corruption of justice, we mean it. When we table scores and scores of amendments, we are trying to make the Bill better, but that does not make it just.
Johnny Mercer
My hon. Friend says that I represent one side. I have never argued for anything other than fairness in this process; it is disingenuous to claim otherwise, and he knows that. I have only ever argued for fairness—and yes, that includes veterans who did the bidding of this House for the freedoms and privileges that Members on the Opposition Benches enjoy. Yes, I want fairness, but I have never been one-sided. I ask him to think again about that.
Gavin Robinson
I listened to the hon. Gentleman, and I hope that he heard what I had to say in response. If he wants to ask me the same question again, I will give him exactly the same response. I am not impugning his character, but I hope that he can accept where we are coming from.
This corruption of justice can be made better, but that does not make it just. This corruption of justice before us tonight can be improved, but that will not unpick the ban on the coronial court system or unpick the ban on prosecutions in this country, and it will not change the fact that a victim would not be able to sue the perpetrator of their crime. That is all in the Bill, and if the hon. Gentleman thinks that the amendments that we have tabled can bring the Bill to a place where we can support it, he is sadly mistaken.
We have raised amendment 112 in earlier exchanges with the Minister. I understand his point about deadlines, but Operation Kenova and the Public Prosecution Service’s live cases need to proceed. If we were to have an engaged exchange, we would probably agree that the Public Prosecution Service needs to move on with its decision-making process. However, now that the Government have established Operation Kenova to look into the actions of Stakeknife—Freddie Scappaticci, the head of the IRA’s internal investigations unit and an agent of our state—and now that the Public Prosecution Service has 30, 32 or 33 live prosecutions, they need to be concluded. The amendment would allow a conclusion to that process even if the Bill receives Royal Assent.
Surely the Committee cannot be saying that through a process to look at legacy and reconciliation, we will just sweep Operation Kenova under the carpet. After all the years, all the evidence and all the engagement with victims and families, I hope we will not say that the Bill will conclude that process. If the Government are not minded to accept the amendment, I hope that it will be considered in the other place, and I truly hope that the Public Prosecution Service will get on with making a decision.
Amendment 107 is about the practical, simple ability for a court that is considering a conviction to take into account the fact that somebody has been granted immunity through the process. It seems to me very simple: if someone is granted immunity, they will stand before any subsequent court for any subsequent criminal activity and the courts will think that they have a clear record. Surely that cannot be our purpose. There should be a sentencing consequence for somebody who is now a repeat offender, albeit that they have immunity—somebody who has continued to engage in criminal activity post 1998. Should the courts not have access to that information? Should it not be available for the purposes of sentencing? The amendment says that it should.
Amendment 120, to which I hope the Minister will respond comprehensively in his closing speech, is connected to new clause 4. It specifically addresses the memorialisation project. How can we have a memorialisation project and a reconciliation project if there is no preclusion of glorification? The amendment would place a duty on the designated persons compiling the memorialisation project
“to ensure that no memorialisation activities glorify the commission or preparation of Troubles-related offences.”
What practical opposition could the Government have to that amendment? If they want the process to work and if they want it to be about reconciliation, surely they should impose on the people they are engaging to do the work a duty to preclude glorification.
I turn to amendment 110. The Northern Ireland Office and the Government have already accepted that an innocent victim is somebody who has not been harmed by their own hand. There are perpetrators of violence in Northern Ireland who have injured themselves while trying to kill others, but who purport to be innocent victims. We have gained significant traction with this argument; when it came to the troubles-related pension, the Northern Ireland Office accepted that an innocent victim is somebody who did not harm themselves and was not culpable for their own offence. Michelle O’Neill refused to allow the administration of the pension scheme, but the Northern Ireland Office accepted that interpretation of what an innocent victim is, so why is it not being replicated in the memorialisation project? It is simple—it is a rehearsal of a policy that the Government have already agreed—yet there seems to be some intransigent reluctance to accept it.
Johnny Mercer
I have huge respect for my hon. Friend, but a lot of what he says supports the view that he is his own worst enemy when it comes to getting the Government to accept his points. I, my right hon. Friend the Member for Beckenham (Bob Stewart) and others clearly do not want any glorification of terrorism, and so forth, but when my hon. Friend the Member for Belfast East (Gavin Robinson) comes forward with arguments that are clearly on one side, that does not deal with the situation as it is—not as we would like it to be, but as it actually is, for example in making sure that the investigations the first time round into people such as Dennis Hutchings were correct. We have to deal with the situation as it is, not as we would want it to be for individuals.
Gavin Robinson
I say to you, Mr Evans, that I have absolutely no idea what that intervention was about, what point the hon. Member was trying to make or whether it related to what I was saying or to his earlier contribution.
Johnny Mercer
What I am saying is that my hon. Friend is outlining individual cases and is putting across his outrage that they will not be reinvestigated ad infinitum. That is the point that he is making, and it is what he has said a number of times. Have I got that wrong? He has said it a number of times. My point is that if he continues down that byway while saying that the process should have been ECHR-compliant the first time round, we end up in a situation where the UK Government have to act unilaterally.
Gavin Robinson
The point that I was making was about the definition of “innocent victims” and the memorialisation project. The point that the hon. Gentleman is making relates to what he said during his own speech. He said that you cannot on the one hand say that there needs to be justice for victims, and on the other hand say that you stand with Dennis Hutchings. He either refuses to accept or fails to grasp a point that we have discussed over a number of years. There should be no repeated investigations when the state has discharged its article 2 compliance. It is as simple as that. The reason there is an investigation, the reason the coroner’s court looks at a case again, the reason a prosecutorial service considers evidence again, is that they are being told that there is new and compelling information. There is not.
Gavin Robinson
No, I want the hon. Gentleman to listen, because he does not seem to understand the point. From 1973, when there was a change in investigations, when the military stopped investigating themselves and incidents were investigated by the Police Service of Northern Ireland, those investigations were compliant. We asked the Government to accept that that was the basis on which we could move on in Northern Ireland. If the hon. Gentleman does not like that analysis—the one with which he agreed when he was a member of the Defence Committee—he could look at the Stormont House agreement that all the parties in Northern Ireland sat down and discussed and then accepted. So there is a second view.
Gavin Robinson
No, I will not give way at this point. When the hon. Gentleman stands up and says that there is no point in talking about what has been, and that this is all we have in front of us, I hope he genuinely recognises—and I say this not in fury but in sorrow—that this is not the way to deal effectively with the trauma of legacy and our past.
Johnny Mercer
My hon. Friend talks about compliance with the European convention on human rights. The critical point is that some of these specific allegations and prosecutions, which have been tested in court, came after 1973, and have been tested on the basis that those investigations were not ECHR-compliant. Conservative Members would love all of them to have been ECHR-compliant; the problem is that what my hon. Friend has just said—that from 1973 onwards they were all ECHR-compliant—has been proved in court to be untrue.
Gavin Robinson
Perhaps the hon. Gentleman failed to heed the necessity for the House to grasp the argument and to legislate on the basis of that argument: to legislate on the basis that, when an investigation has occurred in the past and was compliant at the time, we should move on. That is why we would have been legislating. There were some who did not like that because it would apply equally across the board, and the hon. Gentleman will remember that argument as well, but the Government never grasped it.
I am grateful for what Members have said about new clause 3, and I listened carefully to what the Minister said about it in his opening speech. He will recall from Second Reading that both the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) and I mentioned this proposition, which concerns sentencing. Members who had the patience to listen to all our contributions will have learned that the passing of the Northern Ireland (Sentences) Act meant that anyone who had been convicted previously was to serve only two years in jail, and that anyone who was subsequently convicted, but convicted of a pre-1998 offence, would only ever have to serve a maximum of two years. It did not matter how many people you shot, or how many people died as a result of your explosives; you would serve no more than two years in prison.
Buried in this Bill, in schedule 11, is the provision that those two years required to be served in jail should be reduced to zero. That would mean zero for anyone prosecuted after the passage of the Bill, irrespective of whether they refused to engage in this process or honestly offered victims’ families the truth. We have been told that we need to swallow this process so that victims get the truth, yet if someone engages in this process dishonestly, or refuses to engage at all, the maximum consequence will be zero time in jail. There is no consequence for snubbing families. There is no consequence for snubbing victims. There is no consequence for lying through your teeth, or avoiding the process altogether.
If we can accept that the run of this process is that those who engage honestly and honourably could be granted immunity, surely the opposite has to be that for those who refuse to give families the answers, those who refuse to help them with reconciliation, there should be a consequence. That is why we are saying, 25 years on from the 1998 Act, that it needs to go. If someone has been offered an open door and the prospect of immunity through this process and giving the truth, surely there must be a consequence for lying or abusing the families of those who lost their lives.
We never supported the Belfast agreement for this very reason. I know that that is not a view shared unanimously by Northern Ireland representatives, and it is not something that we need to fall out about this evening, but we did not support it, while others accepted it as a price worth paying. However, 25 years on, if people are not prepared to give, through this process, truth and justice to families who need it, and to be honest about it, there must be a judicial and sentencing consequence.
Conor Burns
The last few moments have demonstrated the truth of what I have said on both days on which we have discussed these provisions: these are contested and very difficult proposals for some people in Northern Ireland and, indeed, throughout these islands.
I just want to emphasise to the hon. Gentleman what I said earlier, with the Secretary of State sitting next to me on the Front Bench, and to make two very brief points. The first is this. We believe that, when the body is created, the fact that it will be led by an experienced judicial-style figure and will be complemented with a team of people who are expert in investigations makes it highly improbable that someone could come forward with a false account, because it will also have access to the vastest array of information available to any body operating in this area hitherto. However, we accept the hon. Gentleman’s point about incentivisation for people to come forward and engage with the body, which is why I gave the undertaking earlier that we would look at the question of the financial penalty for non-engagement.
As for the question of why we are simply not accepting the amendments as they stand today, I think we demonstrated over the course of last week, and over the weekend, that when we think that the intent is sincere and it meets the objectives of the Government in the Bill, and also, critically, can command the greatest possible consensus across the House, the Secretary of State and I, and the Northern Ireland Office, will engage with Government lawyers to look at that. Let me make it absolutely clear to the hon. Gentleman in relation to the specific amendment that he is currently discussing that we are committed to going away and talking to legal teams to see where we can achieve some movement. We want to have a constructive dialogue with parties across the House to see how we can address this as the Bill progresses.
I also understand the hon. Gentleman’s point about the other place, but we act as one Parliament, and the objective for the Government is to secure the right outcome wherever we may do it in the course of the Bill’s journey.
Gavin Robinson
I am grateful to the Minister for that clarification. I hope he accepts the point that I made earlier—that all the amendments that I am speaking to this evening were available last Wednesday, and that the same thrust and energy that were dedicated to amendment 115 could have been engaged in respect of a number of these as well. I recognise that that has not happened, but I hope that the fact that we are not focusing on them this evening does not mean that attention has been lost on the issue of the notice requiring the provision of information. These are not the same rigorous powers that the police have. There are no powers of arrest, for example. However, there is this notice, and provision for a fine of up to £1,000 if it is not complied with. A £1,000 fine is pitiful for someone who was an active terrorist, who tried to destroy peace and democracy in Northern Ireland, who has never engaged with truth and justice and who does not want to comply with this process. They could be fined up to £1,000—it really is so inconsequential.
There are amendments that were discussed throughout last Wednesday and this evening, and I hope the Government will engage with them. I have mentioned amendment 120, which would place a duty on people involved in memorialisation to ensure that there was no glorification. New clause 4 deals with those who are granted immunity and then go on to glorify terrorism. We accept that section 1 of the Terrorism Act 2006 provides an offence of glorification of terrorism, but that is not what the amendment proposes. The amendment not only replicates section 1 but indicates that, if someone had previously benefited from immunity through the ICRIR process, new clause 4 would make it an aggravating feature if they had immunity and then ultimately glorified terror.
We will support Labour’s amendment 114 on this, although we do not think this should be solely confined to profit. Labour Members like to focus on profit sometimes, and their amendment is very much focused on profit from glorification. There is more to this than just making money; it is about the ruining of lives and the retraumatising of individuals in whatever guise, and profiteering could be one of those.
I shall turn now to new clause 5. Mr Evans, you will note that I did not start my contribution by saying I was not going to say very much. I can be accused of many things, but hypocrisy is not one of them. New clause 5 deals with revoking immunity, and I want to thank other Opposition leaders and Members for indicating their support for this. It would be hugely controversial and hugely damaging to the reconciliation spirit of what is proposed in the memorialisation strategy if, having assessed somebody, we gave them immunity from prosecution for their heinous crimes, only for it ultimately to be shown that they had lied throughout the process. If there is no way to revoke immunity, the whole system will collapse. There will be a crisis of confidence in the system. There needs to be a mechanism, whether through the panel during the five years it is in operation or through the Secretary of State thereafter, whereby immunity can be revoked. In the same way, when people were released on licence after 1998, licences could be revoked. It would be anathema to anyone who believes in reconciliation to allow a situation where individuals were granted immunity for their heinous crimes on the basis of a subsequently demonstrated and proven lie.
I know that others will wish to contribute on the range of amendments that we have tabled. I have highlighted just seven of them this evening. We have had engagement from the Minister specifically on new clause 3. I am grateful and welcome that. I hope that he will have something more positive to say about new clauses 4 and 5 and some of our other amendments when he sums up the debate.
Stephen Farry
It is a pleasure to follow the hon. Member for Belfast East (Gavin Robinson). It is not often that the Alliance party and the DUP find agreement in this Chamber, particularly in the current context, but there was certainly a lot I would concur with in his remarks. I would also concur with a lot of the interventions from the hon. Member for Foyle (Colum Eastwood). There is an important lesson in that, which is that, despite everything else that is happening in Northern Ireland, there is at least a degree of unity across the Northern Ireland political parties in expressing significant concerns about this legislation.
Before getting to the other points I want to make, I want to start on a more positive note. The shadow Secretary of State, the hon. Member for Hove (Peter Kyle), mentioned Paul Gallagher, who was shot and partially paralysed in a loyalist gun attack in 1994. I want to put on record our congratulations to Paul Gallagher on achieving his PhD at a ceremony at the weekend, not least because his research involves legacy. He has been both living it and researching it for almost 30 years.
The first point I want to make is about the word “reconciliation”, which appears in the long title of the Bill and is referenced throughout it. Reconciliation is very much in the DNA of the Alliance party; it is what we are fundamentally about. That said, we are concerned about the way in which the term “reconciliation” has been used in the Bill. Reconciliation was a core principle of the Stormont House agreement, and the implementation and reconciliation group was set up as a separate structure that was envisaged under Stormont House. Reconciliation was taken seriously in that process.
Conor Burns
On that point, I made the point strongly earlier that, whatever we say in this House or in the other place, and whatever is written in the media, the ultimate judgment on this body and its success will be how people engage with it and how it builds trust by the work that it does and the reviews and investigation processes that it undertakes. We believe that, over time, when people see how it is functioning and delivering and see that it is robustly and soundly based, it will win that public confidence. All I ask is for the space for it to be to created and allowed to begin that work.
Stephen Farry
I will be generous in accepting what the Minister says about his intentions, but we have to be honest and say that the nature of how we got here has, in many respects, been extremely bad and flawed, which hampers that aspiration. Who knows, people may well engage with the process in due course, but at the moment there is a lot of suspicion around it and people do not feel that it will address the needs of their families.
That brings me to the wider concern around the use of the term “reconciliation” and how it could well be used to almost legitimise the process around immunity—or, as many people see it, a de facto amnesty. There is an expectation that down the line many measures in this legislation could be challenged through the courts, including the European Court of Human Rights, which is not part of the European Union, as we keep saying. The key piece of case law in this respect is Marguš v. Croatia. The broader lesson I take from European law, and wider international law, on this is that there is a general tendency to move away from the concept of immunity or amnesty. It might well have been in vogue at certain times in the 1980s or ’90s, but it is certainly not in vogue in the contemporary approach to the issue of justice in conflict societies or divided societies.
If there is to be a chance of immunity getting some degree of acceptance or being seen as legitimate, it would need at the very least to meet one of two tests: the process would either have to be agreed as part of an overarching peace process or agreed subsequently by the key stakeholders and other parties in the society. Where we have a Government unilaterally imposing an outcome on Northern Ireland, it is hard to see how either of those tests could be met if we found ourselves in a legal challenge down the line.
My second broad point relates to civil cases, which have been mentioned by other hon. Members. I am not going to labour this point, but I want to stress that the notion of an arbitrary cut-off is incredibly unjust, particularly when it is linked to the timing of the Bill’s First Reading. Many people simply did not have the opportunity to lodge the papers they were working on at the time. Some people were able to lodge papers and some solicitors were able to act very quickly, but others were not, which creates a hierarchy in what happens in those civil cases.
In a similar light, we have touched on the inquests themselves. These proposals go back to my dear friend the Lord Chief Justice back in 2016. The process was not fully formulated until 2019, but we now have the prospect of some cases being taken through to conclusion and others being arbitrarily dropped because they are not at a so-called advanced stage when this legislation becomes active. I think this will create a real sense of grievance among families, particularly when they have been given hope of seeing their loved one’s case go through that process.
Although the Minister referred to the ICRIR potentially providing a process that encompasses legacy inquests, the reality has to be clearly understood. The level of interrogation that will take place as the ICRIR looks towards the immunity process is nothing close to the coronial system’s interrogation of evidence. They are fundamentally different concepts, so the fear is that the interrogation will be lost.
The Minister referred to the six months, nine months or a year before the knife falls and said that people can get on with it, which belies the reality in two respects. First, there is not the resourcing to accelerate the process any faster. Obviously, we would like to see more resources, which is something the Government could deliver.
Secondly, we have to acknowledge that the Government have not always been as co-operative as perhaps they could have been—I put it as diplomatically as I can—in how these inquests were taken forward. People express frustration that the Ballymurphy inquest only reached its conclusion 50 years after the event, but there were many battles beneath the surface, particularly with the Ministry of Defence, on co-operation. Things could have happened a lot quicker. In that respect, there are still ongoing battles and disputes on full Government co-operation with these inquests. If they are genuine about accelerating the process, they should reflect on that.
Finally on inquests, beyond what has been set out by the Lord Chief Justice of Northern Ireland, if this Bill is passed, any inquest anywhere in these islands in relation to what happened in the past will be cut off, but there may well be circumstances in which those inquiries should take place.
The oral history, memorialisation and academic research is an important aspect of the legacy process that perhaps does not get the same attention as others, but it has always been regarded as a core element. In some respects, it could stand on its own two feet but, in practice, it is tied to what happens with the other institutions as part of the wider legacy framework.
Although I certainly trust the academics who would or could be involved in this process to do a great job, we have to recognise that a number of hurdles will be set in their path. One of those hurdles is the power of the Secretary of State to make appointments. I believe the appointments should be delegated to another body so there is no perception of political interference.
There also has to be a concern that the evidence to the ICRIR will be piecemeal. There are fears about both ends of the process. First, there is a fear that the perpetrators themselves will not be incentivised to engage with the process until the knock on their door is about to happen and they feel a self-interest to do so. A very select group of people will come forward in that respect. Secondly, which families will engage with the process? Again, it may be a very select group, so the evidence base may be piecemeal. There are also issues with the documentary evidence that comes forward and whether it will be properly opened up. There is scepticism or cynicism about how effective that will be. Again, this evidence may well be partial and piecemeal.
It is worth sticking with this process, even if it is outside the Bill. We have to learn important lessons and listen to the practitioners from Northern Ireland, such as Dr Anna Bryson from Queen’s University Belfast and others, who have expressed concern about how this has been set up.
It is my intention to support both the amendments on which the Labour party seeks to divide the Committee, and both the DUP amendments, too.
Carla Lockhart
The Government and the Committee are very aware of my party’s reasons for opposing this Bill, as so eloquently outlined by my right hon. Friend the Member for East Antrim (Sammy Wilson) and my hon. Friend the Member for Belfast East (Gavin Robinson).
This Bill, at its core, is about injustice, evading justice and denying justice, which makes it very, very wrong. Through amendment 107, we seek to ensure that those who engage with the panel and receive immunity will, at least, have their crime considered if they are in the dock for a post-1998 offence. Surely this is a fair ask. Surely this Committee and the Government acknowledge that, by not agreeing to this amendment, they would be erasing the past from our legal process.
If a terrorist is granted immunity for carrying out a murder and commits murder again, he or she ought to be considered for sentencing by the court in the knowledge that he or she has clearly shown neither rehabilitation nor regrets for the act of taking a life. He or she should therefore be sentenced as such.
New clause 4 and amendment 120 touch on the issue of glorification, and they would be a vital addition to this Bill. We tabled these amendments with victims at the forefront of our mind and because we desire a society in which glorification of terrorism is not seen as normal, and in which those who planted bombs and killed men, women and children are not venerated as some kind of heroes.
I sometimes wonder how many Members are aware of the perverse activity of some of our elected representatives in Northern Ireland and how they regularly glorify terrorism. If the Prime Minister or the Leader of the Opposition attended the unveiling of a memorial to three terrorists, it would be headline news and would be raised in this House—there would be a media and press outcry, and their position would be untenable—yet in Northern Ireland the leader of Sinn Féin brazenly attends events celebrating IRA activity. It is a reflection on our society and our media that such activity, in the main, goes unmentioned and, more disturbingly, goes unchallenged.
If an MP from any other party named their constituency office after a terrorist, it would be dealt with by this House, but nothing was done when the Sinn Féin Member for South Down named his constituency office after IRA terrorists.
Sir Jeffrey M. Donaldson
I thank both my hon. Friend and my hon. Friend the Member for Belfast East (Gavin Robinson) for their work on this Bill.
Does my hon. Friend the Member for Upper Bann (Carla Lockhart) agree that not only has the Member for South Down named his constituency office after IRA members from that part of Northern Ireland—I grew up there and know many of the families who lost loved ones as a result of the South Down Provisional IRA’s activities—but, even more concerning, this House funds that constituency office named after two IRA members who committed murder on a large scale in that constituency? Does my hon. Friend also find that objectionable?
Carla Lockhart
I thank my right hon. Friend for his intervention and agree entirely with what he is saying. It is abhorrent that this House funds an office that is a cold house to all members of the constituency that that individual represents. Every day, it retraumatises the victims of the terrorists after whom that office is named. I raised this point in this House in an Adjournment debate and have consistently raised it with Mr Speaker and a number of Ministers, asking them to take action. I will continue to do so until we have that dealt with appropriately. If we are to educate our future generations about the futility and evils of terrorism, we need to ensure it is never sanitised and never celebrated. That is why we ask Members to accept our amendment.
Ian Paisley (North Antrim) (DUP)
Amendment 107 is, of course, about addressing whether serious offences should be excluded, for example murders that occurred after 1998. Would it not be appalling if the people who murdered two soldiers at Massereene barracks in the South Antrim constituency and seriously wounded two civilians in the same gun attack walked away free if the case ever came again before a court? Surely that is not what this Bill should be doing.
Carla Lockhart
My hon. Friend makes a powerful point. It is well made and has been noted.
New clause 4 seeks to ensure that terrorists receiving immunity cannot proceed to laud their evil activities; it is about ensuring that the book deals do not follow, and the fundraising tours and storytelling events cannot happen. Vitally, it is about protecting victims, for whom such events cause huge hurt and distress. The terrorists gave no thought to the victims and survivors before they made them such, and the activities of terrorists and their political proxies to this day show that they still have no regard for victims and the trauma they continue to inflict upon them. This Bill would be plunged to even deeper depths of moral despondency if it were to facilitate the further glorification of terrorism by those granted immunity in this process. I hope the Government will consider whether this is an outcome they would allow in England and, when they answer that question, act accordingly to amend this Bill to eradicate this extolling of evil in Northern Ireland.
Let me touch briefly on new clause 5, which stands in my name and those of my colleagues. The Bill is lacking in many areas, but it certainly lacks in the whole sphere of the revocation of immunity. It is vital that this Bill does provide for situations where new evidence emerges showing that condition B in clause 18 was not met because the terrorist has lied. It is not beyond the realms of possibility that such instances will occur, given the types of people we are dealing with. Let us not forget that for many years senior members of the IRA have denied ever being members of the IRA; the truth is very much secondary to the cause. The granting of immunity is in itself abhorrent, but just how abhorrent would it be if someone had been granted immunity on the back of a tall tale and then the appropriate mechanism was not in place to revoke that ill-gotten immunity on the back of new evidence? This must be addressed, and we ask that the Government consider it carefully.
My hon. Friend the Member for Belfast East covered our other amendments in his contribution, passionately setting out why we believe they can at least make the Bill more robust. I reiterate his remarks, especially on the need to cut off at the pass any idea that immunity will give terrorists a platform to revel in their deeds and inflict more pain on victims who are already hurting so much because of this Bill.
Tony Lloyd
Let me begin by saying that this is an astonishingly important Bill and this is an incredibly incompetent way for this House of Commons to deal with it: to have had two days, in which we have been unable to get into the detail of the Bill, is frankly no way to deal with legislation of this import. The Minister is making valiant attempts to move a little with the mood of the Committee, but he must realise that we have not had the opportunity to get into the level of detail that we ought to on a Bill of this import.
I establish that because, interestingly, people from every party represented from Northern Ireland have spoken, at one stage or another, strongly against what this Bill seeks to do and indeed against individual parts of the Bill. That reflects the mood not only of victims and victims’ groups—I have talked to many of those over the years—but the opinion across the piece of the north of Ireland. It is important that we establish that because one problem with that the position is that it plays into different parties’ existing concerns. We have heard DUP Members say that they see this as a get out of jail free card for those who committed acts of terrorism, and I understand why. Those from the nationalist community will see this, again, as simply another attempt to gloss over the action of the state and the collusion that took place. In that context, the real danger is that rather than being something that moves us towards reconciliation, the Bill will establishes in people the rectitude of their own views of the injustice of the situation. That is very, very dangerous.
Sir Jeffrey M. Donaldson
I understand what the hon. Gentleman is saying in relation to the nationalist community, but I am sure the hon. Member for Foyle (Colum Eastwood) would agree that the sense of injustice on the part of that community is not just related to the state; there are many, many victims in the nationalist community of paramilitary terrorist organisations who are also looking for justice and who join other innocent victims in regarding this legislation as very harmful to them.
Tony Lloyd
I entirely agree with the right hon. Gentleman on that. I have spoken to many victims, from all quarters, and to hear the pain that still exists all these years on is a measure of the intensity of their grief. It is not just individual familial grief; it is about how communities are seeking to grapple with this, and that applies across the different communities. Bizarrely, there is a common bond that ties people together that goes way beyond individual families—it is societal. That is why this Bill is so inadequate and so dangerous, and that is the central issue we have to grapple with.
Let us look at some of the issues that have been raised today and pick up on the point about collusion, which touches on the role of the state. It would be seen as collusion were Operation Kenova now simply to be wiped from the face of the troubles, as the investigations under it have been so important in trying to establish truth, place it on the record and bring to prosecution those who were involved. In all quarters that would be seen as a form of state collusion. It would lead to the suspicions that already exist. We know that when Dr Michael Maguire was police ombudsman and he was looking at the investigation of what happened at Loughinisland, he discovered references on documents from the security services saying, “This is a slow waltz”; this was about slowing down the pace of investigation. All those things feed into the paranoia that collusion took place.
Then there was the Ormeau Road bombing, about which there is very little doubt. Again, the ombudsman was not provided with evidence by the PSNI; it came out through a civil case. The capacity of discovery through that court process meant that it was seen clearly that an agent of the state—I think it was Brian Nelson—provided weaponry to those who took part in those killings. The question of collusion is real. It does not go away because we skim over it through this new legislative framework.
Tony Lloyd
I will, although I am reluctant to, because the hon. Member has monopolised a lot of this debate.
Johnny Mercer
I apologise, but we have to be fair. The hon. Member is talking about collusion. If we dealt with different groups all over the world, they would all have their views about what have been termed collusive behaviours. Unless we get to a point where we actually prove stuff in court, what have we become?
Tony Lloyd
If the hon. Member had listened to me, he would know that the reference I made—the case of the Ormeau Road killings—was precisely that: a civil court process that revealed that collusion had taken place. [Interruption.] Well, it was a court process that led to the discovery; I am not sure where we go beyond that.
Ian Paisley
In the debate about the difference between murders that have occurred, and whether they have affected one section of the tribe in Northern Ireland or another section, I often remember often the words of John Hume, speaking from the Bench in front of us, when he once said that Irish Republicans killed more people in the name of Ireland and Irishness than all the other groups on our island put together. I think, whenever we get things into proportion, we see where the real killing fields were, and we should not allow any piece of legislation to distract us from getting those people to justice.
Tony Lloyd
I agree, particularly for this reason: killing is killing. We do not have a statute of limitations for murder more generally. It is hard to understand in this most brutal of backgrounds—when a whole society has been traumatised and continues to be—that we are now moving on. I agree with the hon. Gentleman entirely. I refer to the issue of collusion not because the state is any more guilty than others, but because every murder deserves the same proper and complete investigation, and we will not see that under this Bill.
I will make a couple of other points. I am seriously concerned that the new independent commission for reconciliation and information recovery simply will not have the powers of an inquest or the capacity of civil cases. [Interruption.] The Secretary of State is not intervening, but I think he is assuring me from a sedentary position, “Yes, it will.” Let me tell him this: if we go back nearly 20 years, the British Government—a Labour Government at the time, by the way—were taken before the European Court of Human Rights, and one of ways in which the Court concluded that our country’s actions were incompatible with article 2 of the European convention was on the inability of the process at the time to lead from investigation and inquest through to prosecution. That is a significant issue, because there is no capacity in which the new body can deliver that prosecutorial process. Therefore, in the same way we will be in default on our article 2 obligations here. That is a serious point about which we should be very worried.
Colum Eastwood
The hon. Member is making an important speech. I wonder whether he has heard that the Council of Europe commissioner for human rights has today said that the Bill
“raises serious questions about the extent to which the proposed mechanism…is compliant with ECHR standards on independent and effective investigations. The possibility to grant immunity…on a low evidentiary bar raises concerns that this could lead to impunity.”
Tony Lloyd
The only thing that I would disagree with there is “could”; the reality is that it will lead to impunity for people from many different backgrounds. This is not where we ought to be at this stage in our society.
Although I clearly support my hon. Friend the Member for Hove (Peter Kyle) in amendment 116, which is a serious attempt, I wish we could recognise that the inquest process provides something valuable. The five-year inquest process that the former Lord Chief Justice of Northern Ireland, Declan Morgan, laid out was a very time-limited, credible process that itself was originally frustrated by the refusal to provide the finance to make it work. Had that been done, we would be massively further on than we are today. If we look across the piece at the obfuscation, and the sometimes deliberate attempts in the past to stop the justice process taking place, we can see why people are cynical.
The Minister said to us some moments ago, “Give these new processes a chance to work.” There are two problems with that. First, the real danger is that wiping away the existing mechanisms will mean that there really is no chance of getting properly to the truth that he seeks, with good intent, to create. That is why it is so fundamentally difficult to accept this legislation. Were the inquest process—the continuation of that which Declan Morgan set out in his five-year plan—to be completed, it would go a long way in taking us away from that concern. Secondly, the fact that civil cases are taken out from day one—not day one when the Bill becomes law, but day one when the Bill is published—is quite astonishing. We claim that we do not have retrospective legislation, but this comes desperately close.
I hope the Minister will think about that, because I can see he is moving in the direction of wanting to offer some concessions, whether in the Lords or elsewhere. I agree with the right hon. Member for East Antrim (Sammy Wilson) that even with those improvements, the Bill will still be bad legislation, and, as bad legislation, it will do nothing to move the reconciliation process further in Northern Ireland.
Mary Kelly Foy (City of Durham) (Lab)
I rise in support of the amendments in the name of my hon. Friend the Member for Hove (Peter Kyle).
As a member of the Northern Ireland Affairs Committee, I have sat through countless evidence sessions and have heard evidence from victims’ groups across the communities, and what comes through above all else is a genuine desire for healing and reconciliation. People will naturally have different ideas about how we can get that, and it will be far from easy. However, there are common themes: people want justice, truth and closure. Those are the criteria against which we should measure the Bill, and, sadly, it is clear that it just does not measure up.
We have already debated how clause 18 will provide a virtually unconditional and completely irrevocable immunity for perpetrators of serious troubles-related crimes. Once immunity has been granted, any hope of justice for the victims vanishes. The review process under the ICRIR is completely inadequate and offers little hope of learning what truly happened to many victims, and much of what would be gathered would simply be the word of a murderer, who could gain immunity for the thinnest account possible. We cannot, as the Bill stands, have any confidence that this body will be fit for purpose.
Despite that, today we must now debate clauses that seek to end almost all other investigations into troubles-related crimes and force victims and their families to pin their hopes on the ICRIR as the only forum for investigation. One justification for that is that the current system of inquests and investigations is broken and offers little value, but that is simply not the case. Yes, those inquests and investigations might be imperfect. They can be slow, expensive and generally have little prospect of securing a prosecution, but there have been successes. These investigations have gathered enormous amounts of information that is of great comfort to the victims’ loved ones. As we have heard from my hon. Friends the Members for Barnsley Central (Dan Jarvis) and for Hove, the Ballymurphy inquest demonstrates that perfectly. Joan Connolly, whose mother was wrongly declared an IRA gunwoman, spoke of
“the joy and the peace and the mixed emotions that my mummy has been declared an innocent woman.”
John Teggart, whose father was killed, said:
“We have corrected history today.”
That is the value of these inquests.
In her evidence to our Committee, Alyson Kilpatrick, chief commissioner of the Northern Ireland Human Rights Commission, was clear that while there may be concerns with the current system, it is at least underpinned by the rule of law and is largely working as it should. She pointed out that most victims are getting a lot from the current system and that, if we want it to be more successful, we could better fund the existing processes and allow them to work.
Sadly, rather than helping communities heal, part 3 of the Bill will do the opposite. Let us take the case of Patrick McVeigh. Patrick was 44 when he was gunned down by the military reaction force. He was an innocent civilian who was murdered in the street by agents of the British state. His daughter, Patricia, has said that
“truth and justice mean so much to us.”
The clauses that we are debating today could end his family’s hopes of an inquest. Similarly, the Denton review, which was scheduled to be completed in 2024, could now be prevented from finishing, leaving the 127 Denton families uncertain as to whether they will ever get justice.
It is my belief that the Bill cannot be fixed. However, I shall support amendments 116, 117, and 118 as they seek to protect the valuable inquests that are already under way. Similarly, I want to voice my support for amendment 114, which seeks to prevent a person who is granted immunity under this Bill from profiting from their crimes. From speaking to victims’ groups, I know that many are worried that their loved one’s killer will not only be granted immunity under the Bill, but, as we have heard, be able to write a book or exploit other ways to make a profit from someone else’s pain. Supporting amendment 114 would be a compassionate gesture from the Government, and I wholeheartedly urge them to make this concession, as they did on the issue of crimes of sexual violence.
Before I finish, I wish to register my opposition to clause 38, which, if allowed to stand, will retrospectively ban any civil action that was not begun before the First Reading of this Bill—a measure that makes a mockery of our legal system. As the human rights group Liberty has said:
“Another form of scrutiny cut off, another route to justice denied.”
I understand that the troubles are a difficult issue for any Government, and, indeed, it is an enormously difficult matter for the people of Ireland to deal with. However, although it is frustrating, it feels to me as if this Bill is the Government trying to force a conclusion with an incredibly blunt instrument. The healing process has not been prioritised as it should have been. We believe that this will only cause more hurt in the communities in Ireland, so I cannot support it.
Sadly, the Government seem intent on ripping up the rights of people in the UK—from our right to take industrial action to our right to protest, and now our human rights—and destroying the Good Friday agreement in the process.
Ministers should be ashamed that they are attempting to destroy the very backbone of the UK, and presiding over the destruction of our values and our access to truth and justice. Rather than giving families the answers that they have been waiting for for years, this Bill, in seeking to end almost all other investigations into troubles-related crimes, removes all possibility of them ever getting the full truth. Those who have unlawfully killed or committed torture will be handed immunity from prosecution in return for almost nothing. This is not a healing process. There is no justice, no accountability, and no closure for the victims of the troubles and their families.
I wish to end with the words of Alyson Kilpatrick, because they have stuck with me:
“When people say that things have been tried and failed, I struggle to see what has been tried. I see many things that have begun but not been allowed to complete”.
The Bill is being presented to us as a choice between this or nothing, but that is simply not the case. Let us work to improve the current system, or keep trying to find a better solution, because what is before us today will achieve little other than to let murderers sleep a little easier in their beds at night and ensure that their victims’ families get a little less rest.
Jim Shannon
I have spoken at some length on this matter. On the first occasion, I spoke about family members and illustrated the issues with the Bill. I have spoken in the past about those who have served alongside, and about the iniquities of a system that seems to let those who carried out the crimes get off scot-free. Tonight, I will do some of that again, but I also want to take an angle that perhaps I have not taken in the past, although I touched on it in an earlier intervention on the Minister of State. Members will know that I have spoken passionately on these matters, as all in this Chamber have done. The passion comes off the back of those we know, those who have given their lives and those who still seek justice across the Province.
I wish to make it abundantly clear that I am not speaking simply because I have been personally touched by the loss of loved ones and friends, although that is very important. I speak because I get phone calls to my office from serving personnel, highlighting the fact that matters are complex in Northern Ireland and extend further than many would think. Many Members have referred to the truth of the debate, but the IRA would not know the truth if it bit them on the end of their nose and hurt them. Indeed, they could not be hurt enough. The fact is that they have no morals and no understanding of the hurt they have inflicted on the people.
I have been asked to raise the question of whether this legislation extends to protecting those in the Irish Government who are accused of colluding to hide and protect murderers and bombers who sought to run and find refuge in the Republic of Ireland. I mentioned earlier that my cousin Kenneth Smyth and Daniel McCormick both served in the Ulster Defence Regiment, one as a serving member and the other as a part-timer. One was a Protestant and one was Catholic, but they were both murdered by the IRA. The people who carried out those murders ran across the border and took sanctuary there, and they were never made accountable for their crimes. You can understand, Mr Evans, why I feel quite aggrieved that this legacy Bill does not give us, as a family, the justice that we seek.
My right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) has raised the matter of collusion on a number of occasions. Last Friday, a gentleman came into my office and asked me to raise it again in the House, and I am doing so today. When we think about the Garda Siochana, the RUC inspectors who were blown up on the border and the people who murdered in Northern Ireland and then ran across the border, it becomes clear why I want justice not just for those—for example, in the IRA—who perpetrated crimes, but for those who colluded with them in the Republic of Ireland and the Garda Siochana.
Some 25 years ago this November, Raymond McCord’s son was murdered by the UVF. I represented my party, the DUP, at a cross-community group of victims—I would say it was probably a unity of victims—and we remembered that Raymond has not had justice for his son, almost 25 years on. I have not had justice for my cousin Kenneth or Daniel McCormick, 50 and a half years on.
Gavin Robinson
I am grateful to my hon. Friend, who is making a strong point. When he talks of people who committed crimes in Northern Ireland and fled our jurisdiction, he will know that on Wednesday amendment 98 was put before the Committee and tested by the Committee. He will also know that we said that for this legislation to allow somebody who ensured no justice for their victims to come home and retire with a level of dignity would be abhorrent. However, 271 Members of this House voted for that. What would he say to that?
Jim Shannon
I share my hon. Friend’s disappointment over the amendment that he put forward. It grieves me deep in my heart when I think of those things, and I thank him for reminding us all in this House—those who are here and those who are not—of what it means.
There is an undoubted element of apparent collusion of those who were then, and possibly are now, in power. The question must be put: will the Garda Síochána and the Republic of Ireland Government be under an obligation to finally do the right thing when it comes to the victims—both Protestants and Catholics, including my cousin Kenneth and his friend Daniel McCormick—and release the information they have regarding the murders, disappearances and the alleged active role of the security forces in the Republic of Ireland in protecting and giving sanctuary to perpetrators and murderers?
Many of those people have hidden there for years. The murder of Lexie Cummings is a supreme example of that, because the person who did it ran across the border and is now an accepted politician in a certain party in the Republic of Ireland and holds a fairly high position. How does the Bill address that disgraceful element of the troubles, which people are all too quick to forget?
Sir Jeffrey M. Donaldson
My hon. Friend is making a strong point. Of course, the UK Government cannot legislate for matters in the jurisdiction of the Irish Republic. Nevertheless, he mentions a number of incidents of a cross-border nature. Many murders occurred in the border areas and those operations were carried out on a cross-border basis. I am reminded, looking at our right hon. and hon. Friends on the Government Benches, of the incident at Narrow Water in Warrenpoint. I remember as a child sitting in my back garden and hearing the explosion at Narrow Water, because we lived not far from Warrenpoint. I remember the awful news coming through afterwards, and the failings in the Garda Síochána investigation to find, identify and prosecute the perpetrators of that horrendous act of murder against soldiers serving with Her Majesty’s forces. Does my hon. Friend agree that it is important that, whatever the UK Government do on legacy—and we do object to this particular approach—it must be balanced by the Irish Government bringing forward their proposals to deal with legacy cases on their side of the border?
Jim Shannon
My right hon. Friend is absolutely right, and I am glad that that has now been put on record. In an earlier intervention on the Minister of State, I think there was some indication given that perhaps it is time that the Republic of Ireland looked at the role it had to play in legacy stuff. I’ll tell you what: there will be busy people down there looking after all the things they have been involved in, all the things they have disregarded and all the injustices they are responsible for. I look forward to that happening.
I am also minded, as others have said, of the glorification by some across Northern Ireland: the McCreesh play park in Newry is named after an IRA member and those in Gaelic Athletic Association clubs across the whole of Northern Ireland, while very few of them were involved, named their clubs after hunger strikers and IRA terrorists. Then they wonder why we get angry when we see those things happening. The issue of glorification needs to be sorted, because it will anger us all.
I mentioned in an intervention a recent piece quoting victim campaigner Kenny Donaldson in the Belfast Telegraph, but I will quote the paragraph in its totality this time. It reads:
“if immunity was granted in exchange for information, then terrorists would then be ‘emboldened to wax lyrical’ about their involvement in violence, which would be painted as ‘some form of romanticised resistance against tyranny’.”
Yes, they would glorify it—they would make it into almost a “Boy’s Own” story and make the rest of us, the normal people, sick as a dog when we think about it.
When my right hon. Friend the Member for East Antrim (Sammy Wilson) was speaking, I remembered James Ferris, who was injured in the Maze breakout and died as a result. His wife still lives in my constituency; James Ferris, his son and his family were among my constituents. Today there is just a wife left and the family are all away, but Mrs Ferris looks for the justice that was never given for the Maze breakout, and I do not see it.
At the same time, we have the glorification of what took place by certain high-level members of Sinn Féin and those who were at one time active in the IRA. I remember being made aware of something about a year ago, where ex-IRA members were going to bring themselves into a fantastic old boys’ club, where they could live and talk and have a drink and tell over the good times—their good times, when they were murdering people in these streets. Hon. Members will understand why we just get a wee bit annoyed by glorification. That is why amendments 107 and 120, put forward by our party, are so important.
I am aware of the abuse of the legal system and legal aid to rewrite the history of our Province. We need to stop the republican PR team from making it seem as though the La Mon bombing was only an atrocity because it did not kill the RUC men it was intended to kill, while the aim of killing the RUC men was legitimate, as they were evil, according to the republican IRA. Twelve innocent victims were murdered that night in La Mon.
Republicans often try to rewrite history, claiming that the Shankhill fish shop bombing was a mistake not because it took lives, but because the loyalists they had aimed at were not there—though the children, who were there every Saturday, were there whether or not the loyalists were upstairs. That cannot be excused because loyalists were bad and colluding with the army or whoever else.
The point I am trying to make, hopefully in a strong and firm way, is that those people carried out terrible atrocities against people across the whole United Kingdom, and particularly across the whole of Northern Ireland. Seeking to portray soldiers who made a difficult call and pulled the trigger as villains, and claiming that that makes it justifiable for three Scottish soldiers to be murdered in a honeytrap in north Belfast, is the aim of this relentless propaganda machine pushed by Sinn Féin, using publicly funded avenues and ably assisted by people in positions of authority. I understand that soldiers and service personnel await a knock on their door with dread as their PTSD has enabled them to block out days or weeks at a time and we pick at the scab of their healings. This needs to stop and I advocate for them, too. I understand this, and I can stand against it with my friends across the Chamber.
However, my issue is that good, honest people—my constituents in Strangford, the citizens of Belfast East, South Antrim, Lagan Valley, Upper Bann, East Antrim, North Down and everywhere else, including Foyle—want to know when justice is coming for them. They have waited their time for their investigation and are again treated as less worthy because they are not as good at PR as the shinners—as the IRA. They do not have a biased media slanted to producing documentaries based on supposition and connecting dots where there never were any, relying on the years that have passed and the deaths of witnesses to perpetrate a false narrative. They do not have the resources—my constituents and those across all of Northern Ireland—to push these cases. They have patiently waited for their time, over all these years—my family for 50 and a half years, for others longer and for others sometimes shorter—and now their time will never come, according to the Bill that we have before us tonight. That is disappointing. I speak for those people and family members among my constituents—the victims who are disregarded.
I understand probably more than most, with respect to everyone in the Chamber, the complexities of this awful predicament we are in. I thank right hon. and hon. Members across the Chamber for what they are doing, but this must be got right. There are hon. and gallant Members here who have served this country—have served Northern Ireland and I appreciate that very much. I see them on both sides of the Chamber tonight. I ask Members to agree the DUP amendments. My hon. Friends the Member for Belfast East (Gavin Robinson) and for Upper Bann (Carla Lockhart) have taken the time to bring forward amendments—to engineer ideas to capture a way forward and not to bring forward legislation that does not help us. I would hope that tonight, by agreeing the DUP amendments, we will make the Bill better and more acceptable. I believe that we can protect service personnel without dousing the hope of victims. Let us send the Bill back for more work. Let us not put it through tonight unless the amendments that we, and other parties, have put forward can make sure that this is done in the right way. Let us get it right—not perfect, just right. Perfect is something that none of us in this Chamber are. Only one person is, probably, and that is the man up above, but nobody here. As that is the case, let us get it right, if not perfect.
Conor Burns
I thank all hon. Members from across the Chamber who have participated in this second day of the Committee.
As was said at the outset on both days, these measures are contentious and contested, but I hope that all hon. Members who spoke will agree that two reasonable people can perfectly reasonably reach opposite conclusions based on the same set of facts without each surrendering their right to be considered a reasonable person. As I said earlier, these measures are the fruits of two years’ work by my right hon. Friend the Secretary of State. They are an attempt not to draw a line or move on, because we cannot draw lines or move on from the hurt, harm and distress that have been done to people over the years of the troubles in Northern Ireland, but to try to help Northern Ireland to move towards a place where it is a society that accepts a past but does not live in a present defined by something called “the past”.
As the two days have gone on, and the Government have rightly been subject to scrutiny on the detail of the Bill, certain facts are emerging about what is in the Bill that perhaps were not as clear to Members in all parts of the Committee as when we began. The body that will be set up has the very simple aim of helping families to obtain information as soon as possible. The ICRIR will have access to more information than inquests and comparable powers to compel witnesses. It will be led by a chief commissioner of high judicial standing who will be able to preside over the findings in a manner similar to a coroner. It will conduct investigations for the purposes of providing answers for those who want them. It will provide immunity to individuals in exchange—transactionally in exchange—for providing truthful information about their role in the troubles and showing a genuine willingness to co-operate with it. We believe that that will create the incentive. It is worth saying that all the incidents that took place after 10 April 1998 will remain the investigative responsibility of the relevant police force and all potential perpetrators will remain liable for prosecution should sufficient evidence exist.
Tony Lloyd
I have a lot of sympathy with what the hon. Member for Belfast East (Gavin Robinson) is trying to achieve in his amendment. If I were to lie before a court in a murder case and that was discovered later on, I would of course be brought back with the charge of perjury. Is it not possible to look at whether the same concept can apply to the ICRIR?
Conor Burns
Clause 20(2) makes very clear the obligations of the body to look at the totality of the information available to it, not solely to rely on the testimony—the account—of the individual who is appearing before it. As I just reiterated, it will be led by a judicially experienced figure. The team that that person will assemble will comprise people who are expert and professional and have had careers in investigation and information retrieval. They will be able to look at biometrics and other things as well. We therefore think it is highly unlikely that the commission could be duped by somebody who has come forward, particularly given that, as I said, there is an obligation in the Bill on institutions of the state to provide full information.
Gavin Robinson
The Minister is making a fair point, but it is not the right one for what we are considering. He is talking about the process of assessing the veracity of what is said, and neither I nor the hon. Member for Rochdale (Tony Lloyd) are saying it would be incapable of assessing the veracity of what is put forward. We are asking him to consider the consequence for lying. Just as people lie to judicial figures in every court throughout the land, what is the consequence for lying? It is not about whether the assessment of whether they are telling the truth is right, but what is done when somebody does lie.
Conor Burns
The consequence for lying, as the hon. Gentleman knows, in the first instance is that if the body determines that the account is false, the body will not grant immunity. I was referring to the amendments he has tabled to incentivise people to come forward and participate with the process, both in terms of the sentencing and the financial stuff, and I reiterate to the hon. Gentleman that we have undertaken to take that away and look at it.
Conor Burns
I think we need to make some progress. We have talked about this extensively, and the Bill will move now beyond this place to the other place, and then we will have an opportunity. [Interruption.] We do not need any facetious remarks from my hon. Friend the Member for Bridgwater and West Somerset (Mr Liddell-Grainger). We are dealing with very serious matters indeed.
The hon. Member for Foyle (Colum Eastwood), the leader of the Social Democratic and Labour party, said that unless we investigate properly, we will never get to the truth. The point is that the commission will have full police powers and will be able to carry out article 2 compliant investigations. It has the power to compel witnesses. In response to something else that was said, it has the power to arrest and detain under clause 6(3). It has the right to use biometrics, but the primary purpose of these investigations will be to get information to the families.
Amendment 114 and new clause 2, tabled by the shadow Secretary of State, the hon. Member for Hove (Peter Kyle) regard individuals profiting from the conduct for which they received immunity and the point around glorification. It is our view that the Terrorism Act 2006 already makes it illegal for the encouragement or glorification of terrorism, whether in the past, future or generally. Nothing in this Bill will prevent the prosecution of individuals deemed to have committed an offence under the 2006 Act, and it is incorrect to say that an individual gaining immunity through this body for a specific troubles-related event would then have immunity if they went on to commit a separate offence under the 2006 Act. It is very clear that section 1(3)(a) refers to any act that
“glorifies the commission or preparation (whether in the past, in the future or generally) of such acts”.
That is clearly an offence under the law of the land, unaffected by the legislation before the House tonight.
We have had two days of intense scrutiny of the legislation so far. My right hon. Friend the Secretary of State and I have shown a willingness, a determination and a desire from the Front Bench to engage with parties across Northern Ireland. I accept absolutely that there are deep reservations about the Bill, but we have been clear in legislating that we will listen, and we are open to constructive ideas that improve the potential for this Bill to have a positive impact on the people of Northern Ireland. I note that there was some criticism at the beginning that we were not giving sufficient time for scrutiny in Committee, and I note that we look likely not to use the allocated time in full tonight. I thank the Committee for the courtesy and intelligence of the debates we have had.
Bob Stewart
I thank the Minister for allowing me to intervene. May I remind the House that actually, although we have not talked about it much, some of our soldiers who served in Northern Ireland, and who have repeatedly been dragged back to court, will sleep easier in their beds as a result of this Bill? Although I totally understand that people are really unhappy about aspects, that is one good thing about this Bill, which I fully support.
Conor Burns
My right hon. and gallant Friend makes an important point, and it might be the appropriate point on which to conclude the Committee’s examination of the Bill today. Thousands of people, like my right hon. Friend, served on the streets of Northern Ireland. They served with honour, and we express our deep gratitude to all of them and to the families of those who lost their lives. They were there on the streets of Northern Ireland, trying to uphold law and order as the IRA and others waged a vicious, evil, indefensible campaign of terrorism within Northern Ireland and within our United Kingdom. I hope that the measures in this Bill, when this body is up and running, will help the people of Northern Ireland put those dark, dark days firmly in the past and point the way to a reconciled, inclusive Northern Ireland that is focused on the future and delivering for the young people of Northern Ireland that bright, generous, optimistic, reconciled future for Northern Ireland.
Question put and agreed to.
Clause 33 accordingly ordered to stand part of the Bill.
Clause 34
Grant of immunity: prohibition of criminal enforcement action
Amendment proposed: 114, page 27, line 19, at end insert—
‘(2A) But enforcement action may be taken against P to prevent P from seeking to profit from their conduct in relation to that offence (see section (Grant of immunity: criminal memoirs etc).’—(Peter Kyle.)
This paving amendment is linked to NC2 which is intended to prevent a person who is granted immunity under this Act from profiting from the conduct which they received immunity for.
Madam Deputy Speaker (Dame Rosie Winterton)
Government manuscript new clause 1 and Government manuscript amendments 1 to 4 have been selected. They replace amendment 115 and new schedule 1, relating to sexual offences, which were agreed in Committee on Wednesday last week.
Manuscript New Clause 1
No immunity from prosecution for sexual offences
‘(1) This section applies if under section 18—
(a) a person (P) has requested the ICRIR to grant P immunity from prosecution,
(b) conditions A to C are met, and
(c) some or all of the identified possible offences are Troubles-related sexual offences.
(2) If all of the identified possible offences are Troubles-related sexual offences, the ICRIR must not grant P immunity from prosecution.
(3) Accordingly, section 18(1) and (7) to (16) do not apply.
(4) If some of the identified possible offences are Troubles-related sexual offences—
(a) the immunity requests panel must not decide under section 18(7) that P should be granted immunity from prosecution for—
(i) any identified possible offence that is a Troubles-related sexual offence, or
(ii) a description of offences that includes any Troubles-related sexual offence; and
(b) the ICRIR must not grant P immunity from prosecution for any Troubles-related sexual offences.
(5) Accordingly, section 18(7) to (13) have effect subject to subsection (4).
(6) In this section “Troubles-related sexual offence” means any Troubles-related offence that is—
(a) a sexual offence, or
(b) an inchoate offence relating to a sexual offence.
(7) For the purposes of this section “sexual offence” includes—
(a) rape;
(b) any offence committed by—
(i) sexual assault,
(ii) sexual activity, or
(iii) causing or inciting another person to engage in sexual activity;
(c) any offence relating to indecent images of children.
(8) For the purposes of this section “inchoate offence relating to a sexual
offence” includes an offence of—
(a) attempting to commit a sexual offence;
(b) conspiracy to commit a sexual offence;
(c) incitement to commit a sexual offence;
(d) aiding, abetting, counselling or procuring the commission of a sexual offence.
(9) The Secretary of State may, by regulations, make provision about the meaning of—
(a) “sexual offence”, or
(b) “inchoate offence relating to a sexual offence”;
for the purposes of this section (including provision specifying offences which are to comprise, or to be included in, that definition).
(10) Regulations under subsection (9) are subject to negative procedure.’—(Conor Burns.)
This new clause provides that immunity from prosecution cannot be granted for sexual offences. It replaces the amendments made on day 1 of Committee of the Whole House by amendment 115 and New Schedule 1.
Brought up, read the First and Second time, and added to the Bill.
Clause 2
The Independent Commission for Reconciliation and Information Recovery
Manuscript amendment made: 1, page 3, line 20, after “offences” insert
“other than Troubles-related sexual offences”.—(Conor Burns.)
This amendment reflects the exclusion of Troubles-related sexual offences from the immunity provisions by New Clause 1.
Clause 18
Immunity from prosecution
Manuscript amendments made: 2, page 17, line 7, at end leave out subsection (12A).
This amendment leaves out subsection (12A) inserted on the first day of Committee of the Whole House by amendment 115. It is replaced by New Clause 1.
Manuscript amendment 3, page 17, line 24, at end insert—
“( ) This section is subject to section (No immunity from prosecution for sexual offences).”—(Conor Burns.)
This amendment provides that clause 18 has effect subject to New Clause 1 (which provides that immunity from prosecution cannot be granted for sexual offences).
Schedule 4A
Exempt Offences
Manuscript amendment made: 4, page 66, line 26, leave out Schedule 4A.—(Conor Burns.)
This amendment leaves out the Schedule inserted on day 1 of Committee of the Whole House by New Schedule 1. It is replaced by New Clause 1.
Third Reading
The Secretary of State for Northern Ireland (Brandon Lewis)
I beg to move, That the Bill be now read the Third time.
I mirror the comments of the Minister of State, Northern Ireland Office, my right hon. Friend the Member for Bournemouth West (Conor Burns), in thanking our officials and all those with a role in bringing the Bill to this point. I particularly thank my right hon. Friend for his work in Committee.
This Bill will help the families of victims and the survivors of the troubles to get the answers they desperately seek, it will help Northern Ireland to look forward and it will deliver on our manifesto commitment to the veterans of our armed forces who served with such honour in Northern Ireland.
The establishment of a new independent information recovery commission capable of carrying out robust and effective investigations will provide as much information as possible to the families of victims as well as to the survivors of the troubles. Those who do not engage will remain indefinitely liable to prosecution. A major oral history initiative and memorialisation strategy will collectively remember those lost and ensure that the lessons of the past are never forgotten. It is important to understand where we come from when we make decisions about our future. I am grateful to the many stakeholders who have engaged with these proposals, and who have helped me, the Northern Ireland Office and my right hon. Friend to shape the Bill.
As has been said this afternoon, this is a difficult, complicated issue, and I recognise that it is still painful for so many. The Government have listened, and we are grateful for all the contributions made by Members of this House. I particularly recognise the heartfelt and powerful contributions that the hon. Member for Strangford (Jim Shannon) has made throughout proceedings on the Bill. I thank all Members who have contributed with such dignity in Committee.
I hope colleagues are reassured by the commitments made from the Dispatch Box by my right hon. Friend, and by the manuscript amendments made on Report to ensure it will not be possible for the ICRIR to grant immunity for troubles-related sexual offences. This is an example of an improvement made in Committee that the whole House is able to get behind.
As a Government, we remain open to constructive dialogue with all stakeholders, both in this House—including the Opposition and all the Northern Ireland parties—and across Northern Ireland, as we prepare for the passage of the Bill in the other place. We are resolute in our commitment to providing legislation that does all it can to deliver for those impacted by the troubles. The troubles were a painful period of our history, and they are still painful for so many in Northern Ireland. This Bill delivers a way forward and delivers on our manifesto pledge. In that spirit, I commend this Bill to the House.
Peter Kyle
I echo the Secretary of State’s comments in congratulating everybody who has taken part in our debates and thanking them for their commitment to all stages of this Bill. We have had vigorous and sometimes difficult conversations, and we have heard some heartfelt explanations of how these issues have touched so many people’s lives.
However, the grinding reality is that, following Second Reading and the hours in Committee, the Bill still has no support from any Northern Ireland party, and it still has no support from any victims group in Northern Ireland. The Northern Ireland Human Rights Commission, a statutory body established as part of the Good Friday agreement, says the Bill is still unlikely to be compliant with human rights law. How can Ministers bring forward a Bill that fails stakeholders so comprehensively?
The Opposition have been responsible in trying hard to propose workable solutions. I hope Ministers will acknowledge that even when, last Wednesday, the Government could not carry the Committee of the whole House on a key amendment, we acted responsibly and worked constructively to try to solve that challenge with the workable manuscript amendments that are now part of the Bill.
Even though we have done our best to improve the Bill, we cannot agree with it as it stands on Third Reading. Our concerns are simply fundamental. The amnesty that the Bill gives to those who committed crimes during the troubles is too easy to earn. Amnesty is set above investigations, and the investigations are downgraded to reviews. Most fundamentally of all, the Bill gives more rights to people who committed crime during the troubles than it does to their victims. For those reasons, we will be opposing it on Third Reading.
Madam Deputy Speaker (Dame Rosie Winterton)
I call SNP spokesperson Richard Thomson.
Richard Thomson
Thank you, Madam Deputy Speaker. I, too, thank everyone who was involved in the passage of the Bill, both those behind the scenes, such as the Clerks and the researchers who have kept everything moving, and everyone who has contributed to the debate on the Floor of the House. I was struck by what the Minister said just now—that he hoped that the passing of the Bill would help to put the dark, dark days firmly in the past. I certainly hope that as well, but from what we have heard in the House during proceedings on the Bill, and from what we have heard from the victims and their representatives, I fear that is a forlorn hope. I certainly commend the Minister for the amendments that he did feel able to accept, but I remain of the view that this Bill is wrong in principle and cannot be amended into acceptability. Fundamentally, the Bill lacks support across Northern Ireland and it will leave many feeling that justice has been denied, without the prospect of truth coming to the fore. Although I have no doubt that the Bill was well-intentioned, I do not believe it will live up to the hopes the Minister has for it. Sadly, it did not have to be like this.
Sir Jeffrey M. Donaldson
On behalf of the DUP, I thank everyone who has taken part in our debates in Committee. As I did earlier, I pay particular tribute to my hon. Friends the Members for Belfast East (Gavin Robinson) and for Upper Bann (Carla Lockhart), who have worked hard to hold this Bill to account, scrutinise it and table more than 20 amendments, four of which were taken to a Division. I thank them for their efforts. I echo the Secretary of State’s comments and thank my other colleagues, including my hon. Friend the Member for Strangford (Jim Shannon), who spoke powerfully, as did others on this side of the House, about the impact this Bill will have on the victims and survivors of our troubled past.
The Bill is described as the “Legacy and Reconciliation” Bill. As I said in this House when the Secretary of State first introduced the concept of the Bill, my fear is that the path to reconciliation is not made easier when we dispense with justice. I pay tribute to both the Secretary of State and the Minister of State for the work they have done in reaching out to victims and survivors groups. I know that that engagement has taken place, and the Secretary of State has referred to it. However, the Government will have heard a very clear message from many of those victims and survivors that they do not feel that the proposals are consistent with their desire to pursue not just truth and information, but justice.
As someone who served in the armed forces during the troubles in Northern Ireland, I have much sympathy with Conservative Members in their desire to protect the veterans of our armed forces from prosecutions that have been brought late in the day, after previous investigations have taken place. As my hon. Friend the Member for Belfast East explained, we have been active on this issue and pressed hard to ensure that where article 2-compliant investigations have taken place, there is no need to reopen those cases. He explained it very well in his exchange with the hon. Member for Plymouth, Moor View (Johnny Mercer).
I say to the Government that our responsibility extends way beyond veterans, many of whom are themselves victims and survivors. It extends to the entire community in Northern Ireland—a community that was left traumatised by those 30-plus years of violence. I stand with the hon. Members for Foyle (Colum Eastwood) and for North Down (Stephen Farry) in this House in representing parties in Northern Ireland that recognise that achieving reconciliation—we all want to move towards reconciliation in Northern Ireland—requires healing. My fear is that if we proceed with this process, it may get more difficult for many, although not all, victims to achieve the healing they need to move towards the reconciliation that we desire for our society. Therefore, having tabled our amendments and the Government not having accepted them, we cannot support the Bill on Third Reading.
We want to see an outcome on legacy and we recognise the Government’s desire to move the process forward, but we disagree with the proposed method and process. Although it has some merits in terms of seeking information and truth from people about whose capacity to tell the truth we may be sceptical, the Bill fundamentally falls down when it comes to justice, as the hon. Member for Belfast East said clearly. It is our strong view that a legacy process that sets aside justice will make the journey to peace and reconciliation more difficult. What we need is a process that grapples with justice, takes it head-on and seeks to deal with it in a way that commands broad support across the community in Northern Ireland.
As we have said in respect of other matters in Northern Ireland, the Belfast agreement sought to introduce a new era in Northern Ireland that was based on consensus. Although I accept the criticism that has been made of all of us—that we have so far failed to take forward proposals that would bring about an outcome on legacy and put in place a process that commanded the support of people across the community—I do not believe that the consensus exists in Northern Ireland to support the measures proposed by the Government. As such, we will vote against the Bill on Third Reading.
Colum Eastwood
While a few MPs have had to sit through a few hours of debate about this issue, many victims have had to sit through decades of trying to comfort their loved ones after what happened to them. Only last week, we saw victims in Derry achieving a modicum of truth through the inquest process. That victim, Kathleen Thompson—a mother of six—was murdered in 1971. Those victims and families got some truth last week through the current system, as imperfect as it is.
What we are doing today is utterly shameful. It is a whitewash on a grand scale. It is an opportunity for impunity and would not be allowed to stand in any other part of the United Kingdom. It says an awful lot about the state of this state that we are quietly and coldly walking through the Lobbies to bring this about today. I, for one, will never support immunity for the soldier who murdered 12-year-old Majella O’Hare—shot her on her way to chapel. Equally, I will never support immunity for the IRA team who blew up Patsy Gillespie and killed five soldiers in the city of Derry in the early ’90s. That is what we are doing.
Somebody has to tell people what is happening. The way this Government have voted today has given a licence for impunity for what happened in our part of the world over many decades. If anybody really believes that this legislation will bring about truth or reconciliation, they are lying to themselves and to the victims out there, who are deeply, deeply disappointed and dismayed today. I will absolutely vote against Third Reading.
Stephen Farry
I join others in paying tribute to all the staff who have worked incredibly hard behind the scenes in processing this Bill.
I join my colleagues from two other parties in Northern Ireland to emphasise the simple point that the Bill does not have the support of the entire community in our region. Indeed, it does not have the support of victims’ groups themselves. Independent experts, including the Northern Ireland Human Rights Commission, have looked at the Bill and are very clear that it is not consistent with our human rights commitment and, in particular, with article 2 of the European convention on human rights.
I fear that this Bill will be a very expensive white elephant that will not be used by either victims or perpetrators, but it will make the process of reconciliation in Northern Ireland that much harder. People are holding out for some sense of justice, even though achieving that is incredibly remote. We still have structures that are working, albeit in a very piecemeal manner. We can do far better than this. The process behind the Bill has been flawed, and, indeed, the Bill itself is unworkable and, in a broader sense, unamendable, and I fear that it will be counterproductive.
Question put, That the Bill be now read the Third time.
Business without Debate
Delegated Legislation
21:28 - The House divided: - Ayes: 280 / Noes: 217 - Question accordingly agreed to.
Madam Deputy Speaker (Dame Rosie Winterton)
With the leave of the House, we will take motions 6 to 8 together.
Ordered,
European Scrutiny
That Andrea Jenkyns, Marco Longhi and Anne Marie Morris be discharged from the European Scrutiny Committee and Mr John Baron, Adam Holloway and Gavin Robinson be added.
Health and Social Care
That Barbara Keeley and Sarah Owen be discharged from the Health and Social Care Committee and Mrs Paulette Hamilton and Rachael Maskell be added.
Committee of Public Accounts
That Kate Osamor be discharged from the Committee of Public Accounts and Olivia Blake be added.—(Sir Bill Wiggin, on behalf of the Committee of Selection.)
Medieval History in Schools
(2 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Alexander Stafford (Rother Valley) (Con)
I rise to argue that we need to consider the teaching of medieval history in schools. As every historian knows, when starting an essay we have to define the topic, so what is medieval history? At my university, I was in the last cohort to study so-called modern history, which was defined as everything after Diocletian split the Roman empire in 286 AD. In fact, I was in Diocletian’s palace in Croatia only last week, but I take a newer version of medieval history. More traditionally, medieval history is seen as the period following the fall of the western Roman empire in 476 AD to the start of the Renaissance and the age of discovery—a period spanning over 1,000 years. This period was one of the most important and turbulent times of human history, but this period is woefully neglected in our schools.
It is worth reminding ourselves about some of the key events, such as the settling of the barbarian invaders, the reconquest of the west under Justinian, the black death, the rise of Islam, the Viking invasions, the Reconquista of Spain, the east-west schism of 1054, the crusades, the travels of Marco Polo, the medieval warm period—the list is endless. However, our education system barely touches this, and when it does, it is only in the briefest of ways. How many people in England know of the initial defeat of the Viking invaders under Alfred the Great, the conquest of the Danelaw and the reunification of England under his grandson, the first ever King of England, Aethelstan? Where is the focus on the ultimate clash between east and west, the crusades, during which Edgar Aethling, the last Anglo-Saxon king, supported the first crusade, and Richard I led the third crusade successfully, or even the huge Anglo-Saxon component of the Byzantine Varangian guard? Why do we never hear about the triumphs of England in the late middle ages or the Angevin empire, when the kings ruled England, half of France and parts of Ireland and Wales in personal union—an early forerunner of our great United Kingdom of today?
Medieval history is all around us, in every single constituency and in most towns and villages, yet we do not readily recognise this fact. I look at my own constituency of Rother Valley, where we are rightly proud of our mining heritage. However, we rarely hear about our area’s medieval history, though I must say that local groups such as the Aston-cum-Aughton history group do a sterling job of writing it. If any area wants to stake a claim to mining longevity, it must surely be my area of Rother Valley. In Whiston, the mining of white stone was attested to in the Domesday Book, and many of our villages, such as Dinnington and Harthill, stretch back to Domesday and beyond. The owner of Firbeck Hall, Henry Gally Knight, was a Member of this House and a source of inspiration for the novel about the medieval knight Ivanhoe. Interestingly, Maltby in Rother Valley boasts Roche abbey, a medieval monastery that was later suppressed by the tyrant Henry VIII. Laughton-en-le-Morthen is home to Castle hill, the remains of a motte and bailey castle on lands granted by William the Conqueror. Anston also appears in Domesday as Anestan, for North Anston, and Litelanstan, for South Anston, potentially referring to a local feature known as “one stone”. The local limestone was perfect for use in buildings and nearly 1,000 years later it was used to construct the very building in which we are currently debating—the Palace of Westminster. Nearby Lindrick Common is suggested by some as the possible site of the battle of Brunanburh, when King Aethelstan overcame the Danes and became Lord of all Britain.
Elsewhere in Rother Valley, Aston was settled by Saxon invaders in the 5th century, with the village name meaning “the settlement among the ash trees” or “the eastern fortification”. Before the Norman conquest, a man named Lepsi had a manor at Aston. After 1066, William the Conqueror gifted Aston to his son-in-law, William de Warenne. In 1317, the village fell into the possession of the Archbishop of York, who held several leading positions in Government—Lord Privy Seal, Controller of the Royal Household, and Treasurer of the Exchequer. The villages of Ulley, Aughton, Treeton, Brampton-en-le-Morthen, Todwick, and Thurcroft were also all Saxon settlements in Rother Valley. That is just one constituency. There are so many constituencies across England. We all have medieval history in our bones and in our soil—including you, Madam Deputy Speaker.
However, we should not fall into the trap of teaching medieval history purely though the lens of England. We need to look at our wider place in the medieval world and at the wider impacts. I cannot think of a better example of the most important moments than the reign of the East Roman—some say Byzantine—Emperor Justinian the Great from 527 to 565 AD. His long reign exemplifies the beauty and importance of the teaching of medieval history, with which so many parallels can be drawn through the ages. Of peasant Illyrian stock. Justinian rose to become the most powerful and important man on earth—a lesson we can all learn from. He is remembered for building huge edifices and buildings that last and dominate to this day.
Jerome Mayhew (Broadland) (Con)
I was listening with enormous interest to how medieval history surrounds us all. That got me thinking about architecture, which is one of the great examples of history coming to life. My hon. Friend mentioned the medieval period starting with the reign of Diocletian. Of course we see Diocletian windows in classical entablature. But more recently, we have the gothic and the neo-gothic—an example of which we are lucky enough to be in today. I am interested in his views on where we see the accents of medieval history in modern architecture.
Alexander Stafford
My hon. Friend makes an important point about the beauty of architecture. We can look at some of the finest medieval buildings across this land. Westminster Hall itself was built under William Rufus, which shows the longevity of medieval architecture. How many buildings nowadays could last 1,000 years, as Westminster Hall has done, or 1,500 years, as Hagia Sophia has done, which Justinian himself rose up in praise of God?
But Justinian did not just raise up the Hagia Sophia, and many other buildings across the empire. He also did other great works, such as introduce the institutes of Justinian—the great codification and rationalisation of Roman law that, to this day, influences legal systems across the world. Perhaps above all, Emperor Justinian is rightly celebrated for his tenacious nature in refusing to accept decline, and successfully reconquering large parts of the western Roman empire: north Africa, Italy, Spain—not only was his reconquest vast, but it lasted for hundreds of years. The Byzantine empire, the East Roman empire, did not lose parts of Italy until well into the late 11th century. That shows the longevity of his conquests. Some historians claim that they were ephemeral —they were not; they were long lasting.
Throughout his reign Justinian was supported by his wife Theodora, who is one of the most inspirational female figures in all history, from whom we can all learn. Under his reign, there was the first recorded outbreak of bubonic plague, which is estimated to have killed about 40% of the population of Constantinople. The reign of Justinian clearly had it all, yet like so many other hugely important moments in medieval history, it is being forgotten and is not taught in our schools. Indeed, I think the lack of teaching about Justinian in our schools is an absolute travesty.
There is clearly an appetite for this history, as we have seen with the recent runaway successes of “The Last Kingdom” on Netflix, and “Game of Thrones”, which some say is inspired by the war of the roses. History bestows on us an understanding of the society, country and world that we live in. It explains why things are as they are today and provides a guide for where we are going. History is also wonderful for inculcating transferable skills, including the ability to reason critically, analyse, cross-reference, absorb and remember large amounts of complex information, and to write coherently.
Mr Richard Bacon (South Norfolk) (Con)
I am enjoying my hon. Friend’s contribution and his emphasis on the importance of history. Is he aware that the Under-Secretary of State for Education, my hon. Friend the Member for Brentwood and Ongar (Alex Burghart), who recently entered the Chamber, hosted an event over the road at Westminster School—it was due to be held upstairs under a big painting of Alfred the Great but it had to be moved because of one of the many lockdowns —at which Professor Michael Wood explained the importance of Aethelstan’s assemblies? I for one had no idea that a strong case could be made that the parliamentary system in this country began not with Simon De Montfort in 1265 over the road in the Westminster Chapter House but more than 300 years before that with Athelstan’s assemblies. Of course, Aethelstan was a grandson of Alfred the Great. Are those not things that we should be teaching our children?
Alexander Stafford
I thank my hon. Friend for that intervention. I completely agree. That is exactly what we should be talking about. We should be talking about the witans to which he referred and the coming together of great Anglo-Saxon kings. I commend the Under-Secretary of State for Education, my hon. Friend the Member for Brentwood and Ongar (Alex Burghart), for his work on promoting that. I am glad to see him in his place listening to the debate—I hope that he will contribute.
There is no doubt that the lacuna in our collective knowledge of medieval history is largely due to how it is taught in schools and the national curriculum. For maintained schools, history is a compulsory subject only until the age of 14. Proper teaching of medieval history only really starts from the age of seven, when students are only briefly introduced to Britain’s settlement by Anglo-Saxons, and the Viking and Anglo-Saxon struggle for England. For key stage 3, the Anglo-Saxon period, which is 500 years or so, is completely excluded.
For the optional GCSE in history, it is clear that medieval history is being treated inadequately by exam boards. For example, AQA offers 16 topics in history, but only two directly address the medieval period and three do so tangentially. For Edexcel, of 17 options available, only six touch medieval history and only two directly so. But the problem does not stop there—it gets worse. A-level students are again being deprived of medieval history modules. AQA and Edexcel combined offer 70 history modules, but only seven are exclusively focused on medieval history. Students sitting WJEC papers have it worse as only one module—less than a 20th of the total—is given to medieval history, compared with nine modules on European history.
The options for history at both GCSE and A-level are a lot more complex than they look at first sight. Many of the papers on offer are so-called theme papers—for example, “Migration to Britain over 1,000 years”—which do not meaningfully address events in medieval history. Finally, many options cannot be sat together, yet again restricting genuine choice and the opportunity to study the period.
Exam boards and history departments have always seemed to have a drive to curtail medieval history, and especially the early medieval period. In the late 1990s, both AQA and OCR proposed a new syllabus starting at about 1066, cutting out hundreds of years of English history. Luckily, there was a huge effort by lecturers and teachers to save that history, including by my own former history teacher, Robin Nonhebel, who led the charge in defence of Anglo-Saxon history in schools. I am pleased to say that that was a success and I had the opportunity to study medieval and Anglo-Saxon history at A-level, but most schools do not teach that, and most pupils do not have the opportunity to learn about those key events. That is clearly madness.
The medieval period is pivotal for England, but the focus tends to be rather on the Tudors and Nazis: the so-called Henry and Hitler version of history. Children are taught more about Stalin than about English historical characters. They are even taught more about the civil rights movement in the USA than about the unification of England under Aethelstan.
Alexander Stafford
Indeed.
Looking through the papers offered by exam boards, I was dumbfounded to find topics such as “Migrants in Britain: Notting Hill 1948 to 1970” and “Changes in entertainment and leisure in Britain, c.500 to the present day”. Those papers show the absurdity of the situation. The study of history should not be reduced to bizarre themes, modern niche events over very narrow timespans, or huge topics covering over 1,500 years of history. We cannot learn something like that.
I praise my right hon. Friend the Member for Surrey Heath (Michael Gove), who during his time as Education Secretary insisted that more medieval A-level courses became available so schools could teach them if they so wished. The problem, however, is that most schools will not teach medieval A-levels because they do not have teachers with the relevant knowledge. The situation is self-perpetuating: as most universities do not have compulsory medieval sections, few history graduates have experienced the delights of medieval history. Therefore, each year, fewer and fewer teachers know any medieval history as older teachers retire and are replaced by younger ones. And the latter, of course, only studied modern history at university.
The teaching of medieval history can therefore be saved in schools only if universities play their part. Prospective graduate history teachers will want to teach material they are familiar with. If the universities they attended did not teach medieval history, or only provided options which few chose to take, they will not choose to teach it. If medieval history is to flourish again in schools, it needs teachers who have the knowledge to develop courses. We must start this at the latest in year 7. When we talk about the teaching of medieval history in schools, it cannot simply begin in 1066 as if England beforehand was in some dark age miasma.
Therefore, the study of medieval history must begin with Anglo-Saxon and Anglo-Danish rule, include key figures and moments such as King Alfred’s salvation of Wessex, Aethelstan and the formation of the Kingdom of England, and Aethelred the Unready and the long build-up to 1066. We must teach about the roots of Parliament, first under Aethelstan’s Witan, as my hon. Friend the Member for South Norfolk (Mr Bacon) said, but also under John, Henry III and the first three Edwards. We must teach the wars of the roses, the black death and the peasants’ revolt, and the important relationships between England and the Celtic nations. We must include the formation of Europe alongside key events such as the crusades, and even international figures such as Justinian, Genghis Khan and the history of the papacy.
Why is this so important? First, studying medieval history is fun. Vikings, the Norman conquest, and the crusades are obvious in this regard, but so is the religious dimension of King Alfred’s leadership, the battle of Brunanburh in 937, which confirmed the rule of England by the house of Wessex, Charlemagne’s coronation as Emperor in 800 AD, and the rout of the Byzantines when the fourth crusade turned on their allies.
Secondly, it is often claimed that modern history is more relevant to today’s pupils. Why? Why is the political rivalry between Gladstone and Disraeli any more relevant than the rivalry between Aethelred and Cnut for the control of England, or between Henry II and his rebellious sons? Politics 1,000 years ago encompasses the same ambitions and the same successes and failures as today. It could be said that the modern relations between the Christian and Muslim worlds are more moulded by the crusades than the present relations between France, Britain and Germany are by the second world war. Key moments such as the harrying of the north in 1069 began the pattern of inequality that exists between the north and the south to this day, and the red wall’s rejection of the European Union elites is strikingly similar to the north’s refusal to bow to the very same European elites who occupied this country 1,000 years ago.
Thirdly, the study of medieval history can be more testing and interesting than modern history because of the relative paucity of sources. Medieval historians and their students have to read between the lines, because there are far fewer lines. And medieval chroniclers were just as adept at spin doctoring or propaganda as Goebbels in the Nazi Reich.
Fourthly, everyone should know something about the roots of their civilisations. Modern political relationships and civic institutions can only be properly understood by reaching back to study their origins. People should not be allowed to wallow in ignorance about why pilgrimage is important to religion, why Magna Carta helped to frame modern day freedoms, why there are two Houses of Parliament and, most importantly, who the first king of England was—Aethelstan.
Fifthly, I believe that visiting medieval sites such as Hastings, the Bayeux tapestry, Kenilworth, Bodiam castle and the ruins of Glastonbury are often more interesting and bring history more to life than the battlefields of the world wars.
I have argued the merits of medieval history, but what can be done to ensure its future in our educational institutions? First, the curriculum must be changed to make history compulsory at GCSE. Secondly, medieval history must be a requirement throughout history education, from the beginning to the end.
Jerome Mayhew
I am lucky enough to have a daughter who has just completed her history A-level. One observation might be that—
Jerome Mayhew
I was about to suggest that an argument may be made that there is insufficient time in the curriculum to accommodate medieval history. The experience of an A-level student in my family—I hope she passed last week—has been to have studied the origins of the first world war as well as the second world war to death. She has done more German history than history of the United Kingdom. Does my hon. Friend agree that there will be plenty of space for medieval history if we tweak the curriculum?
Alexander Stafford
I completely agree: there is plenty of space in the curriculum. Earlier, I mentioned that the “Hitler and Henry” version of history is often done to death. Children often study the Nazis and the Soviets at GCSE and then do the same course, just in more depth, at A-level. There is plenty of scope to make room for medieval courses; I have even suggested some papers that could be removed from the syllabus to make even more room for medieval history.
I turn back to the solutions. Thirdly, medieval history must be taught with sufficient depth and breadth, ensuring that an array of events and figures are covered, including pre-1066. Whistlestop drive-by tours of the battle of Hastings alone must be a thing of the past. Fourthly, we must prevent the teaching of medieval history from being stymied by being included as part of a broad, intangible theme such as “Sports from 1000 AD to 1950 AD”. Fifthly, universities must be told to include compulsory medieval history options on their courses, so that we have a strong and steady stream of teachers with specialisms in medieval history imparting their knowledge to the historians of the future.
The schools White Paper of March 2022 said that the Government would not make any changes to the school curriculum for the remainder of this Parliament. However, I urge the Minister to heed my policy asks in the next rewrite of the curriculum. I also call on teachers, schools, universities and exam boards to provide a more comprehensive medieval history offering right away. They do not need Government intervention to make that happen; teachers do not need the Government to tell them to take the courses already on offer.
Medieval history is in our blood; it is our past but also our future. It explains why we are the way we are and why we live the way we live, but it also gives us a guide for what lies ahead. It teaches respect for our heritage, values, and culture, and instils critical reasoning and academic rigour. By teaching medieval history, we are not only preserving the past for future generations, but ensuring that millions more Britons in coming centuries will experience the pleasures of studying such a fascinating and rewarding discipline.
The Minister for School Standards (Mr Robin Walker)
It gives me great pleasure to congratulate my hon. Friend the Member for Rother Valley (Alexander Stafford) on securing this debate. He has shown his great passion and knowledge of medieval history as well as his deep understanding of how history is interconnected—a crucial part of the work on a model history curriculum, which we are about to launch.
I am also passionate about history. I studied medieval history at GCSE and went on to read ancient and modern history at university—including, my hon. Friend will be pleased to hear, an extended further subject on the near east, from Justinian to Mohammed; I know that he is a big fan of the great law giver. I share his interest in that individual and in the great clash of civilisations that followed him.
I firmly believe that pupils in our schools should receive high-quality history teaching that helps them understand different periods in history and the links between them, and to engage critically with knowledge about the past. The capacity that teachers have to help pupils to really think about the past, even when it seems far away, is always inspiring; bringing alive history through great teaching can lead to a lifelong love of the subject for all pupils.
Our knowledge-rich curriculum is a key tool to help teachers develop a greater understanding of history among their pupils. The knowledge-rich approach focuses on knowledge and understanding; it is not about teaching a dry list of facts or dates, but about giving pupils a deep and rich understanding of history, making it meaningful through the use of stories and inquiry questions based on the latest scholarship. That is all the more relevant for the sometimes marginalised period of medieval history, because we know that there are sweeping myths about its many time periods and peoples. It could be argued that some popular conceptions of the medieval period are mired in stereotypes and reductive tropes, even among some pupils. It can be reductively typified as an era of war and plague, especially for England, and of castles, oppressed serfs in hovels, dungeons and widespread ignorance—the “Monty Python and the Holy Grail” version of medieval history. Even the word “medieval” is sometimes used as a term of denigration.
The teaching that we support in our curriculum and the great examples that I will share show how such reductive and misleading myths can be tackled through informed and informative teaching. In the history curriculum, we expect that high-quality history education will help pupils to gain a coherent knowledge and understanding of Britain’s past and the wider world’s. History helps pupils to understand the complexity of people’s lives, the processes of change, the diversity of societies and the relationships between groups, as well as their own identity and the challenges of their time. All those aspects can be taught through medieval history from key stage 1 to key stage 3.
Teaching the early medieval period, pre-1066—the late classical period, as it is sometimes defined—lays foundational knowledge for teaching at key stage 3 and beyond. I reassure my hon. Friend that the history curriculum already refers to many of the interesting pre and post-1066 examples that he raised, whether as a requirement or as examples of what can be taught, such as the Anglo-Saxons, the Viking raids, the struggle for the kingdom of England at the time of Edward the Confessor and—as the Under-Secretary of State, my hon. Friend the Member for Brentwood and Ongar (Alex Burghart), will note—Aethelstan, the first king of England. In particular, the Anglo-Saxons are an important part of teaching at key stage 2, which is why their history is not, I accept, repeated at key stage 3, but it is further built upon. I assure my hon. Friend the Member for Rother Valley that medieval history before 1066 is an important part of our knowledge-rich curriculum.
In key stage 3, as part of the required theme of the development of Church, state and society in medieval Britain from 1066 to 1509, we set out some non-statutory examples, including the Norman conquest, the crusades and Magna Carta; society, economy and culture; feudalism; religion in daily life, including parishes, monasteries and abbeys; farming, trade and towns, especially the wool trade; and art, architecture and literature. Teachers can teach other examples at key stage 3 than those suggested, and can cover many of the themes that my hon. Friend referred to.
Local history is also a key requirement in the curriculum. My hon. Friend referred to some fantastic examples from his Rother Valley area, including its mining history, which I knew about, and its contribution to the fabric of this building, which I have to say I did not. As the Member of Parliament for one of England’s great Norman cathedrals, which hosts the tomb of King John, I am well aware of how local buildings can inspire students of medieval history. I agree that medieval history is all around us. Much of the infrastructure of the period still survives—Westminster Hall, which my hon. Friend mentioned, castles, cathedrals, windmills, bridges and, indeed, some of our ancient universities. Teachers can use local history, combined with wider storytelling, to bring the period alive and inspire the interest of children and young people in history.
Although I have mentioned castles as a dominant part of the stereotyping of the medieval age, they are also wonderful physical examples that children can visit as part of learning about the era. Many types of building were seen as castles in the period. The variety in their use helps to teach about the complexity of medieval life—not just their military use, for example, but their importance as living communities and as places of court.
We also require that at least one study of a significant society or issue in world history and its interconnections with other world developments be taught as part of the curriculum. The non-statutory examples that we give are mainly beyond the medieval period, but teachers and schools can determine their own. The medieval era from 500 to 1500 is required to be taught as part of GCSE history; it can also be studied at A-level. At GCSE, there is a requirement to
“study significant events, individuals, societies, developments and issues within their broad historical contexts”,
which must be taken from the period from 500 AD to 1500 AD,
“demonstrating both breadth (through period studies) and depth (through studying of a narrower, more specific topic)”.
My hon. Friend expressed concerns about the extent of medieval history in exam specifications and papers, but the period’s inclusion in GCSEs and A-levels can further develop pupils’ understanding of it and can further develop knowledge taught at earlier key stages.
Inspiring stories are an important tool of teaching. Used in the right way, they can enable teachers to help children and young people to really understand, engage with and remember history. Key stories from medieval history help to define our national culture, and I hope that they are not neglected: Alfred and the cakes, Lady Godiva, Robin Hood and Prince John, Henry II and Thomas à Becket, Henry V at Agincourt and—for our friends in the north, who sadly have not come to this debate—Robert the Bruce and the spider, to name but a few. Some of these stories also act as a conduit into history, and remain an inspiration for people today.
Mr Richard Bacon (South Norfolk) (Con)
My hon. Friend has mentioned King John’s tomb, around which I used to play as a child, because I went to the school next to Worcester cathedral for 10 years. He has also mentioned Aethelstan. I do not know whether he is aware that Aethelstan was half West Saxon and half Mercian—otherwise known as Angle—and that he was placed in Mercia with, I think, his mother’s family to keep him safe, because not everyone wished him well in west Saxony. When he eventually became king, he was able to ally the Mercians—or Angles—with him in the battle to defend what became England against a combination of marauding Vikings and marauding Scots. Does it not surprise my hon. Friend that no one from the Scottish National party has turned up, given that the creation and the strength of England are largely down to the Scots?
Mr Walker
My hon. Friend has brought an extra touch of medieval history knowledge to the debate, for which I am extremely grateful. I am always pleased to celebrate the contribution of a fellow Worcester man. Of course, the Scots have come off badly in Worcester on a number of occasions, not all of which fit within the medieval period.
Let me give an example, which is connected to our shared home city, of medieval history’s relevance and importance today. Within the next few weeks, I will be taking part in the unveiling of a plaque to commemorate the eviction of Worcester’s medieval Jewish community in the 13th century—a precursor of the wider expulsion of Jews from England under Edward I, and a reminder that the events of the past too often have echoes in the issues of today, or of more recent times.
Teachers have access to a strong community of expertise within history, including the fantastic work of the Historical Association and its resources and publications, all of which help to support high-quality teaching. Teachers can also draw on the heritage schools programme managed by Historic England, which offers continuing professional development and resources to schools to support the teaching of local history. Wider resources from English Heritage and other organisations are also available. Oak National Academy now offers resources and lessons on, for example, Vikings and Anglo-Saxons, medieval monarchs, the crusades, Baghdad and the Normans, to name only a small selection.
The good practice and examples that I now want to describe show the range of teaching that is already offered to pupils. My hon. Friend the Member for Rother Valley said that teaching should cover the breadth and depth of medieval history, and I hope I can demonstrate to him that that is happening in some of the best schools in the country. He spoke about the importance of teaching expertise, and I agree with him about that. The strong community of history experts within schools supports such teaching, and acts as a forum for sharing good practice through, for example, the Historical Association and its publication Teaching History, whose special issue dedicated to the teaching of medieval history, published in 2018, went to all state secondary schools. Ian Dawson edited that edition, drawing on research on pupils’ attitudes to the medieval period and making the case for reviewing and renewing teaching in this area in order to challenge myths and stereotypes. Since then, Teaching History has featured many more articles by teachers and other experts on teaching medieval history.
The special edition took an approach to the middle ages summed up by three words: sophistication, respect and representation. Its aim was to display the sophistication of life and ideas in the middle ages, and to help to explain why the people of the period deserve greater respect than they are often accorded for the ways in which they dealt with the issues and dilemmas that they faced in all aspects of their lives. That approach helps to illustrate to pupils how many of the aspects of the medieval period developed from the preceding historical periods, and also developed further into institutions, systems and ways of life that are still important today. As John Gillingham has said,
“It is in the Middle Ages, after all, that crucial early stages of many things can be found: above all, of course, the languages of England, Scotland and Wales, but also some central political and educational institutions: parliament, monarchy, schools, universities, the law and the legal profession, as well as our freedoms, think Magna Carta”.
Elizabeth Carr, Head of History at Presdales School, makes clear that laying the foundations of knowledge about the medieval period proves essential for pupils to be able to make sense of later periods. For example, understanding the Reformation requires secure knowledge of medieval Christian culture and the pervasive influence of the Catholic Church. Similarly, Parliament in the medieval period was very different from Parliament today, but the evolution of Parliament in later periods makes sense to pupils only when they have an understanding of its origins and role in the medieval context.
In Ark schools, pupils study wide-ranging medieval history in Year 7, including 11th-century Constantinople, the Normans in England and in Sicily, the crusades, the Angevin empire, the influence of Muslim scholarship on medieval and renaissance worlds, the north African empire of Mali and its connections with wider worlds, and the role of the silk roads in linking differing medieval worlds. They also study detailed stories of political change throughout England’s medieval centuries, culminating in late medieval political instability and the long-term effects of the black death on the medieval economy and society in rural and urban areas. They draw on wide-ranging historical scholarship in shaping their curriculum and introducing pupils to contrasting interpretations of medieval pasts.
Elizabeth Carr set out in another article published in Teaching History in September 2021 how she uses the biographical stories of Empress Matilda and Eleanor of Aquitaine to explore the concepts of power and authority and the relationship between England, France and the Holy Roman Empire. In doing this, she sets English medieval kings, particularly the much-studied John, and Magna Carta into a much broader geographical and political context. I do not want to detain the House too much longer with endless examples—
Alexander Stafford
I agree with everything the Minister is saying. I know that he wants to end soon, but does he agree that we should not just be teaching medieval history as a stand-alone subject and that it should be imbued in all other subjects? For instance, when we are talking about geography and climate change now, we should look back to the medieval warming period and discuss the implications of that. We could also link medieval history to sociology and religion. It can be included in every single subject, including maths. It should be in every aspect of life, and not just in history subjects.
Mr Walker
I wholeheartedly agree with my hon. Friend that a full understanding of history can contribute so much to that broader understanding. In the case of climate change, as he has mentioned, we can refer back to the late medieval warm period. We should absolutely take into account the longer view that medieval history can give us. I wholly agree with him on that.
I have endless examples that I could give the House, but I think that people have probably heard enough of them. What I would say is that we have an important opportunity before us. My hon. Friend rightly referred to our White Paper and the fact that we are not changing the curriculum at this time. That is because the curriculum is a framework that allows for some very rich, broad teaching. Indeed, the changes made by my right hon. Friend the Member for Surrey Heath (Michael Gove), which my hon. Friend praised, are in the curriculum that we are preserving.
It is important that we exemplify what can be done within that curriculum, particularly at key stages 1 to 3. That is why we are developing a model history curriculum to support the teaching of this time period across key stages 1 to 3. I am delighted today to have published on the Department for Education’s website the names of the expert panellists who will lead this work. I am delighted that Michael Kandiah from King’s College London is the chair and that Christine Counsell is the lead drafter. We will benefit enormously from Christine and the wider panel’s expertise in the development of an exciting, broad and knowledge-rich exemplar curriculum, which will demonstrate the breadth and connectivity of what can be taught at primary and key stage 3.
The exemplar of the model history curriculum will also demonstrate the principles of a well-sequenced curriculum. As my hon. Friend has highlighted, knowledge builds upon knowledge, and learning about key events, figures and themes pre-1066 is a basis for understanding the later medieval period. In turn, developments in medieval times in politics, government and society help to develop greater understandings of later periods including the history of the 18th and 19th centuries, the development of this Parliament and the understanding of American history. There is expertise about the medieval period among the panellists. They include Professor Robert Tombs, professor emeritus of French history at the University of Cambridge, and Professor Toby Green of King’s College London.
The model history curriculum will draw on the best that already exists in the history community and act as a further stimulus to great curriculum design. It will help teachers to teach our history national curriculum, which already offers breadth and depth of teaching on medieval history. We also hope that the breadth, depth and geographical span will inspire more teaching of different periods of history across wider geographies. Although it is an example for schools, it could even inspire our universities to teach broader spans of time, as my hon. Friend suggested. As he has demonstrated, medieval history has a vital role to play in the sequencing of history that all children should learn. I am sure he will agree that the examples I have shared about good practice in schools show that there is wonderful teaching on this subject in our schools today, all of which helps our children and young people to develop a strong knowledge-based understanding of history. Once again, I commend him for bringing forward such an important and historical debate.
Question put and agreed to.