18:58 - The House divided: - Ayes: 165 / Noes: 327 - Question accordingly negatived.
19:12 - The House divided: - Ayes: 320 / Noes: 105 - Question accordingly agreed to.
The Secretary of State for Northern Ireland (Hilary Benn)
I beg to move, That the Bill be now read a Second time.
On 11 June 1966, a 28-year-old storeman, John Patrick Scullion, was shot dead on the doorstep of his home in west Belfast by the Ulster Volunteer Force. It is regarded by many as the first sectarian killing of the troubles. By 10 April 1998 and the signing of the Belfast/Good Friday agreement, the death toll from this horrific period of violence in our country had risen to over 3,500, including almost 2,000 civilians and over 1,000 people who were killed while bravely serving the state, and 90% of those who lost their lives were killed by paramilitaries.
Some of the incidents—Warrenpoint, Bloody Sunday, the Kingsmill massacre, the Miami Showband killings, the Birmingham pub bombings—are, sadly, all too well known. Many others are less well known, although for each family, their grief, privately borne, has been just as strong and just as painful—fathers and brothers, mothers and daughters, children, people from all walks of life—and each one is a tragic and needless loss of a loved one. I say “needless” because there was always an alternative to violence, an alternative made real when the Good Friday agreement was signed.
Some found that agreement, which included the early release of prisoners convicted of troubles-related offences, very hard to accept, but over 70% of voters in Northern Ireland backed it in a referendum, because they knew that this was the moment to lay a foundation for peace that could give hope to citizens right across these islands for a future free of violence.
Gavin Robinson (Belfast East) (DUP)
I think it is appropriate that the Secretary of State opened his speech in the way that he did, but he should recognise that when he gave dates for when the troubles started and concluded, he finished on 10 April 1998. He knows well that that means he did not include the largest atrocity of the troubles, which occurred four months later in the town of Omagh, and he knows that nothing in this Bill will make provisions available for those families. Although an inquiry is ongoing into the Omagh atrocity, that does not answer the questions relating to the Irish Republic. Will he consider extending the dates to include the largest atrocity from the troubles?
Hilary Benn
I am grateful to the right hon. Gentleman for raising that point, which we have discussed in the House before. As he has acknowledged, there is currently a public inquiry, set up by the last Government, into the terrible events that occurred at Omagh. I think the right and proper thing to do is to let that inquiry proceed with its work and, I hope, provide the answers that families are looking for.
Northern Ireland is now a largely peaceful place, but many people—including those I have had the privilege of meeting and who have shared with me their grief, their pain, their anger and their loss—still live with the effects of those decades of violence. Far too many have still, all these years later, been unable to find an answer to the simplest of questions: what happened—how did my loved one die?
Jim Shannon (Strangford) (DUP)
Further to the point made by my right hon. Friend the Member for Belfast East (Gavin Robinson), the Republic of Ireland Government and the Garda Síochána have to respond on the things on which they fell short. For instance, when my cousin was killed and others were killed, the killers crossed the border to sanctuary and safety. There was collusion between the Garda Síochána and the people responsible for those murders. Those are some of the things we need within this process. Can the Secretary of State assure all of us, on behalf of our constituents, that the justice we all seek will happen through this Bill, because I am not quite sure of that at the moment?
Hilary Benn
I say to the hon. Member, for whom I have enormous respect, that I hope very much that that is the case, because one of the consequences of the agreement reached between the British and Irish Governments, which was published on 19 September, is that the Irish Government will move once our legislation has been put in place. They will move from their current position, which is that they will not co-operate with institutions that we know have failed—I shall come on to that point in a moment—to the fullest possible co-operation with the Legacy Commission and, by doing so, will open up the possibility of people seeing information they have not seen for too long.
The architects of the Good Friday agreement knew that the suffering of victims and survivors needed to be addressed, but they were not able to do so. If we are honest with ourselves, we know that this unfinished business falls to us—to all of us—because time is running out. I want to say directly to all the families—some are here in the Gallery today, and others are watching our proceedings—that we have heard their call, as I hope has the whole House, for us to do more to help them get the answers they seek.
What is this Bill aiming to do and why is it needed? It seeks to put in place a means of dealing with legacy that can actually command broad public support in Northern Ireland, in particular for families who have been trying to find answers for so long. It is needed because the previous Government’s legislation—the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023—whatever its intentions, fundamentally failed. It failed because it has been found in many respects to be incompatible with our international obligations, so creating a legal quagmire of uncertainty.
Sir Desmond Swayne (New Forest West) (Con)
How confident is the Secretary of State that his provisions for preventing compensation for interim custody orders will withstand challenge in the courts, and would the Government’s case be undermined in any way by their decision not to challenge the original ruling in the High Court?
Hilary Benn
If the right hon. Gentleman will bear with me, I shall come to his question a bit later.
Crucially—this is something that the House has to recognise—the 2023 Act failed because it did not command any support in Northern Ireland among victims and survivors, or the political parties. That was no basis for progress or reconciliation. That point has to be acknowledged. One of the principal reasons for that lack of support was the Act’s attempt to offer immunity from prosecution, including to terrorists who had committed the most appalling murders. [Interruption.] The hon. Member for South Suffolk (James Cartlidge), who is intervening from a sedentary position, needs to go back and read the legislation that his Government passed. I have it here. Immunity was a false promise. It appeared to offer soldiers something that was completely undeliverable. The measures were never implemented, and were struck down by our courts. Families who had endured unimaginable suffering through paramilitary violence were simply not prepared to see those responsible given immunity.
Jessica Toale (Bournemouth West) (Lab)
I have spoken to many veterans in my constituency who are understandably concerned about the repeal of that law, and the vacuum that it leaves. Can the Secretary of State set out how the Bill supports our veterans?
Hilary Benn
I shall do that. If my hon. Friend will bear with me, I shall come to that directly.
Sir Julian Lewis (New Forest East) (Con)
On what I hope is a non-contentious point, will the Secretary of State explain to Members in all parts of the House something that not everybody realises, which is that the Northern Ireland (Sentences) Act 1998 means that no matter how heinous the crime, and no matter whether it was committed by a member of the armed forces—unlikely, but possible—a republican terrorist or a loyalist terrorist, no one will serve more than two years in jail? People need to realise that. Compromises have had to be made—and they have to be made by those on both sides, equally, if international law is not to strike them down.
Hilary Benn
The right hon. Gentleman is indeed correct. That was, in part, the basis on which the Good Friday agreement was reached, and 71.7% of the people of Northern Ireland gave their support to it. Compromise, of course, is essential in the interests of peace.
There was anger from many of those who served in Northern Ireland, who saw immunity as an affront to the rule of law that they had sought to protect, and as implying some sort of moral equivalence between those who served in our armed forces and terrorists. There is no moral equivalence whatsoever between those members of our armed forces who acted lawfully in carrying out their duties, and paramilitaries who were responsible for barbaric acts of terrorism. We owe our Operation Banner veterans an enormous debt of gratitude. I say to those watching, and to those in the Gallery: your service and your sacrifice will never be forgotten. We have a duty to care for all those who served. That is precisely why we are putting in the legislation new measures that are designed specifically to protect veterans, and why the Ministry of Defence always provides legal and welfare support to any veteran asked to participate.
The safeguards that we are supplying have been designed specifically for veterans, following close consultation with veterans. Some will necessarily apply to others, including former police officers, while others will apply only to veterans. Veterans will be protected against repeat investigations. Part 3 places a duty on the Legacy Commission not to do anything that duplicates any aspect of previous investigations or proceedings unless it is essential. That is a very high threshold. If a veteran is asked to give evidence publicly to an inquest, or in the commission’s inquisitorial proceedings, they will not be forced to travel to Northern Ireland. They will be able to do so remotely.
Dr Luke Evans (Hinckley and Bosworth) (Con)
Will the Secretary of State just clarify: essential for what?
Hilary Benn
The hon. Gentleman says “Ah”. It was established by the previous Government’s legislation. They argued very strongly that the body had to be independent. “Essential” is a very high bar. It is for the commission to make that judgment.
Andrew George (St Ives) (LD)
I am very grateful to the Secretary of State for clarifying a number of issues already, but I think that the veterans I have spoken to will be looking for clarity that they cannot and will not be placed on trial simply for carrying out orders.
Hilary Benn
I shall come on to this point, but decisions about prosecutions are made by prosecutors independently—that is the absolute foundation of our independent legal system—based on the evidence. If one looks at the facts, in the 27 and a half years since the Good Friday agreement, one veteran has been convicted for a troubles-related offence; going back to the point made by the right hon. Member for New Forest East (Sir Julian Lewis), that veteran received a suspended sentence.
If asked to give evidence to an inquisitorial proceeding, any veteran will be entitled to seek anonymity, as is already the case for public inquiries and inquests. The commission and coroners will have to consider the health and wellbeing of elderly witnesses, and whether it would be appropriate for them to give evidence at all. A new statutory advisory group will provide an opportunity for victims and survivors of the troubles, including those from a service background, to be heard during the commission’s work. This group will, of course, not include anyone who has been involved in paramilitary activity.
Jim Allister (North Antrim) (TUV)
The Secretary of State says that the group will not include any former paramilitaries, but where in clause 8—or elsewhere—is there a prohibition on such participation? The clause is about victims and survivors, and those terms are undefined. Under our current iniquitous definition, a victim could be somebody who made themselves a victim by blowing themselves up with their own bomb. According to the clause, such a person could serve on the advisory panel.
Hilary Benn
I would ask the hon. and learned Gentleman to reflect on what I have just told the House: anyone who was previously involved in paramilitary activity will not be appointed to the victims and survivors group. I am giving the House that assurance as the Secretary of State.
These measures will be complemented by other commitments to ensure, for instance, that no veteran is cold-called. The Defence Secretary and I will continue to work with veterans, the Royal British Legion, the Veterans Commissioners and others to ensure that we get this right.
Ben Obese-Jecty
Whereabouts in the Bill does it say what the Secretary of State said about the victims and survivors group? If it does not say what he told us, will he amend it to ensure that it does?
Hilary Benn
I have given the House a very clear assurance on this point. I point out to the hon. Gentleman that nowhere in the legacy Act, which is the previous Government’s legislation, is there such a prohibition. Indeed, nowhere in that legislation does the word “veterans” appear.
Several hon. Members rose—
Hilary Benn
I will make progress.
There are those who have claimed, wrongly, that this legislation will somehow lead to a huge increase in prosecutions of veterans, or that it is only veterans who have been prosecuted in recent years, or that on-the-run letters have given IRA members an amnesty—an issue we have discussed in the Chamber. None of those things is the case. As I have just said to the hon. Member for St Ives (Andrew George), just one soldier has been convicted since the Good Friday agreement, and the majority of those who have been convicted, and indeed of those facing live prosecutions, are paramilitaries, including republicans. As for the on-the-run letters, Prime Minister David Cameron could not have been clearer when he said in 2014:
“There was never any amnesty or guarantee of immunity for anyone, and there isn’t now.”
What is more, the legacy Act also shut down more than 1,000 police investigations into unsolved troubles-related killings, including the deaths of 264 members of our armed forces who were murdered by terrorists. A great many families have spoken of the distress that this caused them. Mary Moreland, who was widowed when her husband John, a reservist in the Ulster Defence Regiment, was killed by the IRA nine days before Christmas in 1988, says:
“As a veteran and war widow I strongly believe in accountability and the rule of law for all and take pride in the fact that the British Armed Forces are the finest in the world. Like many others I have always been opposed to the Legacy Act. It was legislation that was fundamentally flawed. I tentatively welcome the process of repealing and replacing the Legacy Act…the new legislation must be balanced, fair, rights-based and capable of delivering meaningful outcomes for victims and survivors.”
I agree. Or there is Paul Crawford, whose father was murdered in 1974 by the UVF. He says:
“I understand that British Army veterans are an important constituency, but so are we…victims and survivors of the conflict. Our voices matter too. Our experiences of loss, pain and trauma are very real. Many of us have been waiting for more than fifty years for truth and justice and none of us are getting any younger. The legacy of the conflict needs to be addressed, and this legislation needs to be passed.”
I agree.
Or there is Paul Gallagher, who shared his response with WAVE, which does such important work supporting victims, survivors and families. In January 1994, Paul was 21 years old. He was a civil servant. There was a knock on the front door of his family home, and paramilitaries took him and his family hostage. He was shot six times as they left, and has spent the rest of his life using a wheelchair. He is a campaigner who I have had the privilege of meeting several times. WAVE writes:
“What the party opposite proposed in 2023 enraged Paul. He is not naïve. He knows that securing a prosecution against the people who did this would be difficult. But offering an amnesty to these people so they could walk forever free. That to Paul is a moral outrage. How can someone like Paul, who has been betrayed by the system, believe once again in the rule of law.”
The troubles Bill seeks to right the wrongs of the legacy Act, so that together with the remedial order, which we have laid before Parliament under the Human Rights Act 1998, the Bill returns us to the broad principles of the 2014 Stormont House agreement negotiated by the last Conservative Government. It seeks to achieve greater confidence among communities across Northern Ireland. As for those families who have already approached the commission for help, their cases will transition seamlessly under the new arrangements, when the troubles Bill hopefully becomes law.
We announced a joint framework in September. The Irish Government have made important contributions to that, including by co-operating fully with the reformed commissioned by sharing information that, for far too long, far too many families have not been able to see. Let me be clear, however, that it is simply untrue for anyone to suggest that the Irish Government have been given any control or veto over the work of the Legacy Commission.
I turn to the contents of the Bill. The first part provides for the Independent Commission for Reconciliation and Information Recovery to be renamed the Legacy Commission. It also repeals part 2 of the legacy Act in its entirety, and confirms the meaning of “the troubles” and other terms. Part 2 outlines the structure of the Legacy Commission, its principal functions, and how appointments will be made. It will establish an oversight board, led by an independent non-executive chair, to hold the commission to account, and the Secretary of State will consult when making appointments. There will be two co-directors for investigations, of equal standing, one with experience of conducting criminal investigations in Northern Ireland, and one with experience of conducting such investigations elsewhere.
Preet Kaur Gill (Birmingham Edgbaston) (Lab/Co-op)
May I raise the issue of the Birmingham pub bombings? The Secretary of State says that the reformed Legacy Commission will have greater fact-finding powers. Can he set out why the families, including those who are part of the Justice 4 the 21 campaign, should have confidence in the reformed commission to get to the truth of the Birmingham pub bombings?
Hilary Benn
My hon. Friend raises an extremely important point. It is for the simple reason that the commission has the power to see all the information and evidence—everything. It is already investigating the Guildford pub bombings, the M62 coach bombing, and the Kingsmill massacre, and I hope that others—
Hilary Benn
And Warrenpoint, indeed. It is already investigating those terrible incidents, and I encourage anyone who is looking for answers to approach the commission and see the changes that we will make.
I shall now finish my description of what is in the Bill and bring my remarks to a close. All public appointments made by the Secretary of State must follow consultation with relevant persons, a list of whom will be published before the beginning of the appointments process. Part 2 will fulfil our commitment to create a fairer disclosure regime, ensuring that the commission has access to any and all information it requires and is able to publish as much of that as possible, subject to proportionate safeguards, which are necessary because even historic information can pose a direct risk to life and safety today or threaten our national security. However, the Bill ensures that any decision to prevent public disclosure is subject to a balancing exercise—with reasons given where possible, akin to the Inquiries Act 2005—and can be legally challenged. Part 2 also includes provisions on reviews into the performance of the commission’s functions, and for the winding up of the commission.
Part 3 deals with the conduct of both criminal and fact-finding investigations, and expands the referral process to enable family members, surviving victims and certain public authorities to request investigations. In all cases, following a case review, the director of investigations will decide whether the investigation is to be carried out as a criminal investigation or a fact-finding investigation. The commission will be able to refer any relevant conduct to prosecutors, as is already the case with the legacy Act, so there is no change in that respect. In the conduct of its investigations, the commission must comply with the statutory conflicts of interest duties set out. Each investigation will conclude with a report produced by a judicial panel member.
Under part 4 of the Bill, inquisitorial proceedings will be established to handle cases that would otherwise have been inquests but are transferred to the commission. These proceedings will draw on the Inquiries Act. They will be chaired by a judicial panel member and be able to consider evidence in public. Crucially, unlike inquests, these proceedings can also consider sensitive information in closed hearings. With that in mind, the Bill provides the Secretary of State with the power to direct inquisitorial proceedings in respect of the small number of cases that were halted prior to 1 May 2024 due to the exclusion of relevant sensitive information.
Mr Mark Francois (Rayleigh and Wickford) (Con)
If the Bill is as good as the Secretary of State would have the House believe, why have nine very senior four-star officers—eight generals and one air chief marshal—written to The Times and described it as
“a direct threat to national security”?
Hilary Benn
I do not agree with that assessment. There is nothing in this Bill that can be described as a direct threat to national security. I also note—[Interruption.] It would be good if the right hon. Gentleman would acknowledge this point. I note that those generals did not call for immunity. Maybe those on the Opposition Front Bench would like to reflect upon that.
Hilary Benn
No; I am going to have to finish, because many people want to speak.
Part 5 makes provision for the inclusion of personal statements, allowing families to describe what the death meant to them. The commission will have the power to refer troubles-related criminality by police officers to the ombudsman for Northern Ireland. Part 6 puts in place the necessary provisions to set up, on a pilot basis, the Independent Commission on Information Retrieval, as originally proposed in the Stormont House agreement. This will be an international body established jointly with the Irish Government to give families an additional means of retrieving information. Any information disclosed by individuals to the ICIR will be inadmissible in criminal and civil proceedings. Part 6 also includes provisions to ensure that the work of the ICIR does not impede on criminal investigations.
The Government have long been committed to restoring the troubles-related inquests that were halted by the legacy Act, which is why, under part 7 of the Bill, the inquests that were in progress prior to 1 May 2024 but subsequently halted will resume. Inquests that had been directed by the Attorney General but were not in progress will be subject to an independent assessment by the Solicitor General as to whether they are most effectively progressed in the Legacy Commission or the coronial system, and the Solicitor General will have regard to three statutory criteria.
I turn to part 8 and to the point raised earlier about interim custody orders. In short, these provisions seek to address the interpretation made by the UK Supreme Court in R v. Adams, regarding the application of the Carltona principle, with which this Government—and indeed the previous Government—disagreed. That principle is vital for Government, and it is right that it should be protected, including by dealing with what are considered incorrect inroads into it. Clauses 89 and 90 put it beyond doubt that the Carltona principle applied in the context of interim custody orders, by stating that any order made by a Minister of State or Under-Secretary of State is to be treated as an order of the Secretary of State. I refer the House to a written ministerial statement that I have today laid in Parliament setting out in greater detail the Government’s position on that matter.
The Bill will leave in place part 4 of the 2023 Legacy Act, meaning that the important provisions relating to oral history, academic research and the memorialisation of the troubles remain intact. Those measures stem from the Stormont House agreement and have been widely supported in principle. Part 8 of the Bill will also require the commission to produce and publish a historical record.
Separately, part 8 also allows any conduct that does not meet the definition of serious or connected troubles-related offences in the Bill to be investigated by the relevant police force. As a result, potentially serious offences, including sexual offences, will always have a route to investigation should evidence come to light.
Part 9 deals with general matters in relation to the Bill such as various definitions and its commencement.
I will bring my remarks to a close. I am acutely conscious that, for many families in Northern Ireland, time is running out. With every year that passes, memories fade, witnesses are lost and crucial evidence grows weaker. That is why the Government have to fix the mess that we inherited. But what is this really about? It is about those who continue to live with the pain of what happened to them or to someone they loved. We know that the overwhelming majority of those who were killed died at the hands of paramilitaries, and, as the hon. Member for Lagan Valley (Sorcha Eastwood) so powerfully reminded us just over a month ago, the people who died were not in the wrong place at the wrong time; it was the terrorists who were in the wrong place doing the wrong thing.
We must be clear that terrorism is always wrong. Although we must recognise that the vast majority of those who served in Northern Ireland did so with distinction and bravery, in the words of apology offered in this House by the former Northern Ireland Secretary Brandon Lewis following the Ballymurphy inquest,
“it is clear that in some cases the security forces and the army made terrible errors too.”—[Official Report, 13 May 2021; Vol. 695, c. 277.]
I believe that this legislation represents our best and possibly final chance to fulfil the unrealised ambition of the Good Friday agreement. I accept that nobody will like everything contained in the Bill, as is inevitable given the differing views held by many. If fixing legacy was easy, we would not be discussing it 27 years later.
Let me read from a letter that the Commissioner for Victims and Survivors for Northern Ireland has sent me about our approach, which he says has been received
“with cautious optimism by victims and survivors.”
He goes on to say that we—he is talking about all of us—should
“get a move on rather than waste more precious time”,
and encourages all of us as parliamentarians
“to continue to show courage and determination to deliver for victims and survivors.”
It is no wonder that he refers to caution, because victims and survivors have been let down so many times before. That is why it is now our responsibility to take this forward.
I will continue to talk to victims and survivors, veterans and others, and colleagues in all parts of the House, during the passage of the Bill to consider where amendments might further improve it. Equally, I hope that all who seek a fair and effective way forward will recognise that the Bill represents a fundamental reform of current arrangements, and that it should be given a chance to succeed. I commend the Bill to the House.
Madam Deputy Speaker (Ms Nusrat Ghani)
I ask those on the Front Benches to keep their opening statements short, because it eats into the time for contributions from Back-Bench Members.
The Parliamentary Under-Secretary of State for Northern Ireland (Matthew Patrick)
It is a real pleasure to close this Second Reading debate for the Government, and I thank all right hon. and hon. Members who have contributed. I wish to declare an interest. Members should be aware of my declaration in the “List of Ministers’ Interests”, where I have flagged that two family members work for the Independent Commission for Reconciliation and Information Recovery.
Today’s debate has been powerful to listen to, and many right hon. and hon. Members have raised important points and asked important questions. In the time available, I will try to address as many of those points as I can, and I will write to Members on any specific points that I am unable to address in time.
I will start my remarks with enormous thanks to the veterans who served us in Operation Banner, serving in intolerable conditions, and standing in harm’s way to protect life, as other Members have powerfully described. Quite simply, our armed forces are the best of us. I wish to thank those who served in the police—a job of enormous difficulty that brave men and women set out to do with distinction. We owe a particular duty of care to those who served our nation, and there will never be equivalence between our armed forces and police service, and the terrorists who set out to cause death and destruction.
As the Secretary of State has set out, this Bill is about helping people to get answers. I cannot begin to understand the pain of not knowing what happened to a loved one who was killed or disappeared. I can only imagine that the need for an answer, to know what really happened, never fades.
Matthew Patrick
I will not take interventions, as I am very short of time.
The right hon. Member for Tonbridge (Tom Tugendhat) said that this legislation will be “reopening wounds”, but I believe they never closed. I have sat with families who simply want to know what happened to their loved one. More than 3,500 people were killed during the troubles. The Good Friday agreement recognised that it was essential to address and acknowledge the suffering of victims and survivors, and it is our collective duty to deliver on that remaining Good Friday agreement commitment. If through this process, those relatives can be supported to get answers, then we will have met that duty. There are many things that the last Labour Government achieved of which I am proud. As the hon. Member for Runcorn and Helsby (Sarah Pochin) noted, the Good Friday agreement rightly sits among their very finest achievements.
I recently had a conversation with a veteran in my constituency who told me how important it is to deal in facts, so let us set some of those out. It is a long-standing principle in this country that decisions to prosecute are independent. Judicial independence has served our country very well for over 300 years. That is why when people read about recent cases, such as the trial of Soldier F, it is not relevant that the decision to prosecute was taken while the Conservative Government were in power, because the decision was independent. Equally, it is not relevant that soldier F was acquitted under a Labour Government, because that decision too is independent.
Since 2012 there have been 25 prosecutions relating to the troubles. Of those, the majority were for republican terrorists. There are nine live prosecutions relating to the troubles, and one ongoing prosecution relates to the conduct of the British Army. Again, the decision to prosecute was taken under the Conservative Government —under, not by, because they are rightly independent decisions.
I urge the House to reject the reasoned amendment. Among other things, the amendment suggests that removing conditional immunity will lead to veterans being dragged before the courts. That is not true. The Conservatives’ failed immunity scheme, which would also have applied to IRA terrorists, was never commenced. All it did was offer a false promise that could never be delivered. Because this amendment is based on such a fundamental misunderstanding about the Bill and the way in which our prosecution system works, I urge the House to reject it.
Veterans were raised by a number of hon. Members. The Government’s commitment to honour Operation Banner veterans is unshakeable. We must not forget that over 1,000 armed forces families lost loved ones during the troubles, and that over 200 investigations into the deaths of armed forces personnel and veterans were shut down by the last Government’s failed legacy Act. In search for answers, those families, as much as any families, deserve a fair, proportionate and transparent system. They would not want for the terrorists who took the lives of brave soldiers to have any form of immunity.
Members talked about our protections. I reiterate that our Bill puts in place strong and important protections that were not included in the failed Tory legacy Act. I thank the Minister for the Armed Forces, my hon. Friend the Member for Birmingham Selly Oak (Al Carns), who is himself a veteran of Northern Ireland, for his close work and attention to put in place these important protections. We have published our fact sheet that details where the protections sit throughout the Bill, so I will not rehearse them all now, given the time I have available.
The hon. Member for Brentwood and Ongar (Alex Burghart) asked how we can continue with the remedial order. The Government abandoned their appeal and therefore have the ability to continue with the order. For those, including the right hon. Member for Tonbridge, who talked about morale, I am proud of the protections in the Bill. I am also proud more broadly that this Government have given an important pay rise to our armed forces, and I believe that morale was harmed by the actions of the last Government.
Matthew Patrick
I apologise, but I will not as I am short of time.
The hon. Member for Brentwood and Ongar raised the idea of immunity. As I have said in response to the reasoned amendment, we should remember that no veteran ever received immunity—it was undeliverable and a false promise. The conditional immunity championed by the Conservatives would have meant that someone who murdered a UK citizen on UK soil would have walked away scot-free, and that is what they are calling for us to return to.
The right hon. Member for Tonbridge was right when he said that their offer of immunity was pretty abhorrent. As my hon. Friend the Member for Beckenham and Penge (Liam Conlon) set out so powerfully, the immunity offer was an insult to the families of those killed and, as my hon. Friend the Member for South Ribble (Mr Foster) indicated, an insult to veterans too.
On the issue of on-the-run letters, they did not grant immunity—[Interruption.] The case of John Downie was cited as proof. He is currently subject to live criminal proceedings for the murder of two soldiers in 1972, which is clear proof that those letters grant no immunity.
I am grateful to the hon. Members who drew our attention to the voices of victims and survivors. It is important that those families are at the heart of the legislation, and they are. We must ensure that we increase confidence in the new Legacy Commission and enable more families to come forward, which is why we are significantly reforming the commission through this legislation. The Chair of the Select Committee, my hon. Friend the Member for Gower (Tonia Antoniazzi), asked about the definition of family members. We believe that the definition set out in clause 93 is right and proportionate.
Clause 8 of the Bill sets up a victims and survivors advisory group, which is designed to ensure that the voices of victims and survivors are heard. The question of who will be appointed to that group was raised by many colleagues, including the right hon. Member for Belfast East (Gavin Robinson) and the hon. Member for Wimbledon (Mr Kohler). It is absolutely vital that this group can command confidence, and this Government will therefore not appoint to it anyone who has previously been involved in paramilitary activity. That is a clear commitment made by my right hon. Friend the Secretary of State from this Dispatch Box.
A number of hon. Members from across the House have raised issues relating to prosecutions. Let me be really clear on this important point: as I have set out, decisions to prosecute are independent. Our judiciary is independent. I disagree with those Members who claim that prosecutions are vexatious or political.
Matthew Patrick
I do not have time.
I now turn to the issue of inquests, which has been raised by hon. Members. As the Government have long committed to, clause 84 makes it clear that a small number of inquests that have been halted by the legacy Act will be able to proceed. Inquests that had not commenced hearings before the legacy Act will be subject to an assessment by the Solicitor General, based on statutory criteria, to determine whether they will be most effectively progressed in the Legacy Commission or in the coronial system. This position reflects the significant role that a reformed Legacy Commission can play in achieving outcomes for families, particularly given its far greater capacity to handle sensitive information when compared with an inquest.
Matthew Patrick
As I have stated, I have a very short amount of time, and I want to address as many of the points that have been made as I am able.
A number of Members, including the hon. Member for Brentwood and Ongar and the right hon. Member for Belfast East, raised the commitments made by the Irish Government and the role that they will play. The clear commitment of the Irish Government to provide the fullest possible co-operation with the Legacy Commission will help provide many more families with an opportunity to obtain information they have long sought. This partnership represents two Governments coming together, each making sovereign commitments and promising to carry them out in their own jurisdictions. I believe that the Irish Government will honour the promises they have made—the agreement has been signed in good faith, and we are each committed to do what we promised to do independently in our Parliaments.
In the interests of time, I will conclude my remarks. I am grateful to all right hon. and hon. Members who have contributed to this debate—a debate that I know we will continue as the Bill progresses. As we do, I know that we will hold at the forefront of our minds who this is all for: for victims and their families right across the United Kingdom; for all those who bravely served us in intolerable conditions; and for Northern Ireland and its future. I commend the Bill to the House.
Question put, That the amendment be made.