Northern Ireland Troubles: Operation Kenova
(Limited Text - Ministerial Extracts only)
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Gavin Robinson (Belfast East) (DUP)
(Urgent Question): To ask the Secretary of State for Northern Ireland if he will make a statement on the latest publication from Operation Kenova and the Government’s response to its findings.
The Secretary of State for Northern Ireland (Hilary Benn)
I am grateful to the right hon. Gentleman for his question. I inform the House that I will lay a written ministerial statement on this matter later today.
Operation Kenova has published its final report, which covers the activities of the alleged agent Stakeknife, as well as other investigations referred to it by the Police Service of Northern Ireland. Let me begin by commending the Kenova team, led by Sir Iain Livingstone and Jon Boutcher, for the exemplary way in which they carried out their work, built trust with families, put victims first and provided many answers about what happened to their loved ones.
Operation Turma, which was part of Operation Kenova, resulted in the prosecution of an individual now extradited from Ireland and awaiting trial for the murder of three Royal Ulster Constabulary officers in 1982. Operation Kenova has set a standard for future legacy investigations, and we have drawn on a number of those lessons in drafting the Northern Ireland Troubles Bill. I wish to express my heartfelt condolences to all the families who lost loved ones in the appalling circumstances described in this sobering report.
Operation Kenova was asked to establish whether there was evidence of criminal offences by the alleged agent known as Stakeknife or their alleged handlers. The behaviour described of the alleged agent and their role in the Provisional IRA is deeply disturbing, and it should not have happened. In recent decades, there have been significant reforms to agent handling practice, including through legislation. The use of agents is nowadays subject to strict regulation, overseen by the Investigatory Powers Commissioner and the Investigatory Powers Tribunal.
On Operation Kenova’s request to the Government to name Stakeknife, I told Sir Iain Livingstone in August:
“Due to ongoing litigation relevant to the Neither Confirm Nor Deny [NCND] policy, namely the Thompson Supreme Court appeal, a substantive and final response to your request will be provided after judgment has issued in that case.”
The Government’s first duty is to protect national security, and identifying agents risks jeopardising that.
Today’s report also makes public the high-level findings of Operation Denton, which looked at killings carried out by the Ulster Volunteer Force Glenanne gang. The behaviour reported on, including collusion by individual members of the security forces, is shocking. The Government will respond to the full Denton report when it is published, bearing in mind that related legal proceedings are ongoing in this case and in the case of Stakeknife.
The Government responded to a number of the other recommendations in the interim Kenova report in August. That is available in the Library and is also addressed in the written ministerial statement.
Gavin Robinson
I am grateful to you, Mr Speaker, for granting this urgent question. I thank the Secretary of State for his response, and for being in the Chamber this afternoon to discuss Operation Kenova. I know that since he was appointed, he has spent an inordinate amount of time on legacy, and I know he is committed to the principles of not rewriting the past and of ensuring that issues can be explored to the fullest degree. He knows that in Northern Ireland, peace was only secured because of the actions of our intelligence services, our armed forces and brave members of the RUC. He knows that the IRA were brought to their knees by the activities of our intelligence services, and he also knows that the IRA were riven by agents of the state—both Denis Donaldson, director of operations for Sinn Féin, and Freddie Scappaticci, head of the internal investigations unit, also known as Stakeknife.
Does the Secretary of State welcome the finding of Operation Kenova that there was no high-level state collusion between loyalist paramilitaries and members of the Army or the security forces? Does he recognise the important role that our intelligence services played in securing peace in Northern Ireland? Does he recognise that the IRA were riven by informers? Does he realise the absurdity of maintaining the position that Operation Kenova could not name Freddie Scappaticci as Stakeknife? Does he recognise that the findings relating to the Dublin and Monaghan bombings were that the UK state authorities had no information or intelligence that could have prevented those bombings?
Finally, in the context of the debate we are having about legacy, does the Secretary of State recognise that he is letting too many inquiries pass by without highlighting the lack of accountability of the Dublin Government— of the Republic of Ireland—for their role in supporting the IRA? We cannot wait until his legislative process concludes, or for inquiry after inquiry, for the Dublin Government to open their books, share their stories and, on the basis of truth and justice, indicate the role they played in our troubled past.
Hilary Benn
I am grateful to the right hon. Gentleman for those points. I join him in recognising the huge contribution that was made by the intelligence services, the Army, the RUC and other security forces during the troubles to try to keep people safe and defeat those who were trying to destroy society through their terrorism. We all recognise that. The responsibility for the murder of around 1,700 people, often in the most brutal circumstances—in some cases killing people, burying them, and then for a long time providing no information as to where the remains of people’s loved ones could be found—rests with the Provisional IRA. I echo the comments that were made in the interim report and the final report about what they did.
I also note what the report has to say about not finding any evidence of high-level collusion between the security forces and loyalist paramilitaries, in particular the UVF in respect of the work of the Glenanne gang, as they have been called. However, I do notice what it says about individual collusion. I used the word “shocking” deliberately, because it is shocking to learn now that—as Operation Kenova reports—serving police officers and serving members of the armed forces were colluding with those who were murdering a very large number of people. Over 120 people were murdered by that gang.
On the right hon. Gentleman’s final point about us all wishing to learn from the past—and I think that in order to learn from the past, one has to try to tell the truth about it—I simply draw his attention to the framework agreement reached between the UK Government and the Irish Government in September. I draw his attention to the steps that have been taken by the Irish Government to co-operate with the Omagh inquiry, which he and I have debated many times before, as well as the commitment that the Irish Government have given to the fullest possible co-operation with a reformed legacy commission. The Government’s troubles Bill is seeking to put that reformed commission in place, with the consent and will of the House. I hope all Members will welcome that, because the more information we can get about what happened, the more families will be able to find out exactly what happened to their loved ones.
Tonia Antoniazzi (Gower) (Lab)
As my Committee’s report on legacy last week outlined, information disclosure has been, and remains, one of the biggest challenges with legacy investigations. The Kenova report outlines the failure of MI5 to disclose all relevant material pertaining to Stakeknife in a timely manner. The chief constable of the Police Service of Northern Ireland said today that he remains concerned that
“there continues to be an unhelpful, unnecessary and protectionist approach to the disclosure of official records.”
Given those comments and the significant concerns outlined in our report on the Government’s new approach to disclosure, how can families have confidence in the new process?
Hilary Benn
I am very grateful to my hon. Friend, the Chair of the Select Committee, for what she has just said. She refers to the unfortunate episode in which MI5 discovered further files relating to the work of Operation Kenova that it had not previously been able to identify. The authors of the Kenova report say that they have no reason to believe that those files were withheld; MI5 was not able to find them, and the head of MI5 set up a process to review exactly what had occurred.
Under the current legacy Act, the Independent Commission for Reconciliation and Information Recovery, which will become the legacy commission under our legislation, has the ability to request and see all information. That will remain the case for the reformed legacy commission, because the commission has the ability to deal with closed material; the coronial system does not, as the House is aware. Precisely as my hon. Friend has said, it is vital for the confidence of families that they know the bodies that are charged with investigating what happened in the past—the people who are trying to find out what happened to their loved ones—are able to see all the relevant material.
Hilary Benn
I am grateful to the hon. Gentleman for his comments, and for the spirit and the tone in which he delivers them in relation to this extremely serious matter. I do indeed acknowledge—as I think I have already indicated—what he said about the nature of the collusion that has been discovered, and what it was and what it was not, for instance in respect of the Dublin and Monaghan bombings. Those are very, very important findings.
It is for the Irish Government to determine what information they reveal, but they have given commitments to me, to the UK Government and, indeed, to all of us about the co-operation that they will provide. The Tánaiste has said to me that the legislation to allow witness testimony to be given to the Omagh bombing inquiry will be in place by March, and we look forward to seeing, in due course, the outline of the Irish Government’s legislation that will implement the rest of the commitments when it comes to co-operation with the new legacy commission that we are seeking to establish by means of the legislation currently before the House.
I am always happy to return to the House to provide further information and to answer further questions, but we are waiting for the Thompson judgment, which is absolutely about the “neither confirm nor deny” policy. That is why, when I wrote to Sir Iain Livingstone on, I think, 13 August, I said to him what I quoted in my original answer to the question from the right hon. Member for Belfast East (Gavin Robinson).
Colum Eastwood (Foyle) (SDLP)
Let me say first that the people responsible for the murder of innocent people in Northern Ireland over many decades were the people who carried out those murders, and the organisations of which they were members. However, it is also clear, from these reports and from previous investigations, that elements within the British state worked hand in glove with loyalist paramilitaries as they murdered scores, indeed hundreds, of innocent people in the north of Ireland, and also that the IRA were riddled with informers, including, clearly, at the very highest levels. Now that we know all that, has the Secretary of State made an assessment of how many lives could have been saved, and how much earlier we could have had peace in Ireland, if the British Government had acted properly?
Hilary Benn
I should say to my hon. Friend that I have not made such an assessment, but Operation Kenova itself had something to say in relation to the activities of the alleged agent Stakeknife. Its view was that the balance—I hate to use the term “balance sheet”—of lives lost and lives saved was not quite as it had been described by others. What I think is particularly important about the report published today is its confirmation of a point made by Jon Boutcher when he published the interim report: he said that in the absence of information about what happened, people form a view about what they think happened, and as a result what is finally produced—there is an example of this in relation to the final Operation Kenova report—may turn out to be not quite what everybody thought it was, and that is the argument for trying to be as open as possible about what happened. However, I wanted to make clear in coming to the House today that what has been revealed is, as I have said, disturbing and deeply shocking and should not have happened, and it is really important that we learn the lessons.
Mr Paul Kohler (Wimbledon) (LD)
I thank the right hon. Member for Belfast East (Gavin Robinson) for his question, and I thank the Secretary of State for his answer. I have three questions. First, do the Government accept the Operation Kenova report’s findings of “serious organisational failure” on the part of MI5, and if so, what concrete steps will they take to address those failures? Secondly, is the Secretary of State satisfied that his proposed legacy legislation contains adequate safeguards to ensure that honourable former service personnel who served lawfully and with integrity and followed orders in good faith do not fear persecution on the basis of the unlawful actions of either rogue individuals or the state? Thirdly, does the Secretary of State agree that the “neither confirm nor deny” policy must be exercised in a proportionate and necessary manner, and should not be used to protect agents who commit gross serious crime or to hide any serious misdeeds of the state?
Hilary Benn
Our legislation contains a number of very specific safeguards, which are in the Bill because of our commitment to the veterans who served with such bravery in the most difficult circumstances. However, I have indicated to the House that, as the Bill progresses, I am open to a continuing conversation with Members in all parts of the House, and with the Royal British Legion and the other organisations representing veterans, so that we get this right.
The “neither confirm nor deny” policy is important for our national security. The ultimate responsibility of Governments is to protect national security, and the moment that the “neither confirm nor deny” policy starts to be eroded—although in a small number of cases it has been set aside for particular reasons—that undermines the confidence of those who are serving the state today to keep us safe. They may start to ask themselves, “Will the Government still uphold that lifelong commitment not to reveal anything about what I have done?” The “neither confirm nor deny” policy is a really important protection for those who do very dangerous things in order to try to protect all of us.
As for the hon. Gentleman’s question about MI5, I responded to the Chair of the Select Committee, my hon. Friend the Member for Gower (Tonia Antoniazzi), in respect of the information that was subsequently discovered, but, of course, the use of agents— covert human intelligence sources—is nowadays subject to regulation under the Regulation of Investigatory Powers Act 2000 and the Covert Human Intelligence Sources (Criminal Conduct) Act 2021. Both those pieces of legislation show the determination of the House to learn from what has gone wrong in the past.
Mike Kane (Wythenshawe and Sale East) (Lab)
We know that this was a brutal, murderous conflict, but, as we are reminded today, it was internecine as well at times. “There’ll be days like this”, in the words of one of Northern Ireland’s famous sons, but does the Secretary of State agree that, even on days like this, we should continue to keep victims and families at the forefront of our thoughts?
Hilary Benn
I strongly agree with my hon. Friend. In one sense, the great contribution that Operation Kenova has made to doing precisely that has been the way in which it has dealt with the families, keeping in touch with them, telling them what it was and was not able to discover. We have adopted the idea of a victims and survivors advisory group, because all the people I spoke to said that it had worked very well during Operation Kenova. We have included it in the Bill that the House is currently considering, because learning the lessons means not just reflecting on the horror that this report reveals, but learning from the way in which Operation Kenova went about dealing with families. It is important that the commission—and I know it is working hard to do this at the moment—is able to win the confidence of families, so that when people say to them, “I can tell you this, and I cannot tell you that, and I have not been able to find out the following”, the families will feel confident that they have done their darnedest to discover what really went on.
Sir Julian Lewis (New Forest East) (Con)
I am sure the Secretary of State will agree that running any double agent inside a murderous organisation is bound to be a moral nightmare. The justification for such action is always—as it should be—that many more lives will be saved as a result, even if the agent is implicated in illegal and, indeed, murderous activities. What is unusual about this case is that it appears that more lives were not saved by this particular operation. Can the Secretary of State say whether the agencies accept that this particular operation was counterproductive, even in its own terms, and if he cannot share that with us openly, could it at least be shared confidentially with the Intelligence and Security Committee of Parliament?
Hilary Benn
The Intelligence and Security Committee may well wish to look at the Operation Kenova report and ask questions. The right hon. Gentleman put an important hypothetical point about the difficulty of balancing the considerations, but there is no doubt that the contributions that agents make are very important to protecting our national security and, as several Members have indicated to the House, were very, very important in the fight against those who were trying to destroy society in Northern Ireland and who were responsible for killing so many people during the course of the troubles.
Katrina Murray (Cumbernauld and Kirkintilloch) (Lab)
I commend the right hon. Member for Belfast East (Gavin Robinson) for securing the urgent question. We have talked about the experiences of the Kenova families in terms of having confidence in the process, and we recognise the complexity of the 28 years of the troubles. The Secretary of State has highlighted how the lack of transparency and answers leaves a void for relatives that is filled by their worst fears. That makes the provisions on the grounds of disclosure in the troubles Bill, which is currently going through the legislative process, even more important. How will we make sure that the best experiences of Operation Kenova are built into the next stages of the legislation?
Hilary Benn
We are doing that in a number of respects, including through the advisory committee to represent victims and survivors, the fact that there will be a new oversight board, and the changes the Bill is making to the provisions relating to disclosure. My hon. Friend made such a powerful point when she said that the lack of answers creates a void. It is a void that the families have had to live with for many, many years, which is why the whole House has an obligation to do everything we can to create a system that all families can have confidence in, so that it can look into all cases.
Jim Allister (North Antrim) (TUV)
On a day like today, it is important to remind ourselves that our security and intelligence forces saved hundreds of lives in the face of murderous terrorism. Terrorists, of course, kept no records to be pored over years later. Does the Secretary of State agree that Scappaticci was, first and foremost, a ruthless IRA murderer? Does he agree that the RUC and the Ulster Defence Regiment—whatever the renegade actions of a very tiny number of members, some of whom have rightly faced justice—were organisations of immense integrity, whose members’ service and bravery preserved many lives? Does he agree that the Denton report finally lays to rest the republican myth that the security forces were implicated in the Dublin and Monaghan bombings?
Hilary Benn
On the hon. and learned Gentleman’s latter point, that is indeed what the Kenova report says. That is one of many reasons why it is so important. I am not going to comment on the alleged agent with the name Stakeknife, for the reasons that I gave in answering the urgent question at the beginning. The Thompson judgment that we are currently awaiting is really important in respect of “neither confirm nor deny”. I have already indicated to the House that I join all right hon. and hon. Members in paying tribute to the work of the intelligence services and the security forces in trying to keep people safe in the face of murder and mayhem caused by many people—not only the republican movement, but the loyalist gangs who also killed a lot of people—during the troubles.
Adam Jogee (Newcastle-under-Lyme) (Lab)
I thank the right hon. Member for Belfast East (Gavin Robinson) for securing his urgent question. Like him and others across the House, I think today about the victims of terrorism who lost their lives, and their families. I want to acknowledge and commend Sir Iain Livingstone and Chief Constable Boutcher for their work, which is a demonstration of how important independence is.
The reports for families that Operation Kenova has produced demonstrate the value of independent and effective legacy investigations. With that in mind, I acknowledge the Secretary of State’s reference to his openness and urge him to think about appointments to the judicial panel of the new Legacy Commission. I believe that they should be made by the Northern Ireland Judicial Appointments Commission, rather than by any Secretary of State, because Operation Kenova demonstrates that independence is key if we are to effectively address the legacy of the past.
Hilary Benn
Independence is indeed extremely important to building a sense of confidence on the part of families that their cases will be properly looked into. I note my hon. Friend’s point about the appointment of judicial panel members for the commission, particularly in respect of the inquisitorial proceedings. I suspect that we may return to that when the Bill is in Committee.
Carla Lockhart (Upper Bann) (DUP)
The Secretary of State needs to go further. Several Members have pressed him on this point, but he still has not explicitly told the House. Given the extensive scrutiny directed at alleged agents within the UK establishment, what demands has the Secretary of State made of the Irish Government to disclose the extent and details of agents operating within the republican movement, particularly in the light of the irrefutable evidence of collusion that enabled the murder of RUC officers, UDR members and Protestant civilians, particularly in the border areas? Unlike the Secretary of State, I am not prepared to accept their say-so when for decades they have covered up, housed and protected terrorists, and denied innocent victims truth and justice.
Hilary Benn
In the light of what the hon. Member has just said, I hope that she would welcome the commitments that the Irish Government have given—
Hilary Benn
She shakes her head, but she is saying—[Interruption.] Well, the past and what happened or did not happen in Ireland is a matter for the Irish state to deal with, but I hope the hon. Member would welcome the commitments that have been given to co-operate to the fullest possible extent with the new Legacy Commission, which is not the case in relation to the current commission established by the legacy Act, for reasons of which she and the whole House will be well aware. Whatever happened in the past, the most important thing is that we enable families who are still waiting for answers to get access to all the information that is available now. That is what the Irish Government are committed to.
Chris Coghlan (Dorking and Horley) (LD)
On Kenova, I can express only the horror experienced by some of the victims, but the wider context of our security services is very important. I worked in counter-terrorism in the Foreign Office, on the anti-ISIS campaign. The Secretary of State speaks about strict regulation, and that resonates. He speaks about “neither confirm nor deny”, and I entirely agree with his points. Does the Secretary of State agree that the ethics around the handling, protection and recruitment of agents are incredibly complex? It is all too easy to criticise our security services, which in my experience do an outstanding—and at times simply unbelievable—job in saving lives.
Hilary Benn
I do agree with the hon. Member. From the contact that I have had with the security services since I took up this post, I know that the commitment, dedication, passion, ingenuity and determination to protect people today is quite something to behold. Some judgments are complex—there is no doubt about that—but it is also important that we learn from the past and what did not go right. Anyone who looks at the final Kenova report and sees what it reveals about what went on in some cases will recognise the importance of learning from the past. That is why the legislation that Governments have passed since has been so important: that legislation recognised the complexity, but reached the conclusion that we have to have a legal framework that governs it, with independent oversight. We now have that, but that was not the case in the 1970s and the 1980s.
Robin Swann (South Antrim) (UUP)
In the press conference this morning, the Chief Constable said that the
“investigation has demonstrated that murders that could and should have been prevented were allowed to take place”.
There was always an alternative to murder in Northern Ireland, so does the Secretary of State agree with me that it is now time for an inquiry to identify and hold to account those who directed terrorism and murder in Northern Ireland?
Hilary Benn
I say to the hon. Gentleman that we have the commission, established by the last Government in the legacy Act, which has the capacity to investigate all cases that are referred to it. When I came into office, I took the decision that we would retain but reform the commission, as opposed to abolishing it and starting again, as I was urged to do by some people in Northern Ireland. I think it was the right decision to take, not least because 100 investigations are currently taking place. However, we have to ensure that it is established and reformed in a way that gives all families confidence, and I would say that we are trying to achieve one mechanism to deal with finding answers to those questions. I have said to the House a number of times before that we are not going to be able to deal with legacy by a series of public inquiry after public inquiry. We need to establish the commission on the basis that it can do the job for everyone.
Sammy Wilson (East Antrim) (DUP)
The report makes quite clear the extent of IRA brutality and murder in Northern Ireland, including murders within their own republican community. Does the Secretary of State agree with me that the First Minister of Northern Ireland can no longer remain ambiguous in relation to, first, her acknowledgment of and, secondly, her apology for what her fellow travellers did to people within their own community and within the wider community in Northern Ireland? Does he also accept that the real state collusion occurred when successive Governments in the Irish Republic hid terrorists; allowed them to store arms, train and cross the border; and then refused to extradite them? Instead of giving the Irish Government a role in the arrangements for the legacy of the past, will he commit to holding them to account for their sins of the past?
Hilary Benn
I say to the right hon. Gentleman that I certainly intend to hold the Irish Government to account for the commitments they gave in the framework that I announced jointly with the Tánaiste in September. Of course, there was always an alternative to what went on—always—and Northern Ireland eventually got there through the Good Friday agreement and the peace that has been revealed and sustained since 1998. It is for each individual to decide how they deal with that.
I say to the right hon. Gentleman that what we need to focus on now, because clearly there are things in the past that cannot be undone, is to learn from what we have learned—today’s report about what went on in all sorts of respects is an extremely important contribution to that—but also to make sure, as I have said a number of times, that families get the answers they are still waiting for. Kenova did a lot to do that for the families with whom it worked, but lots of other families still do not know. That is why we must have a commission that works for everyone.
Sarah Pochin (Runcorn and Helsby) (Reform)
This report covers the activities of one informer within the higher echelons of the Provisional IRA, but does the Secretary of State agree that there is a risk that the findings of this report, when taken in isolation, fail to fully recognise the contribution made by informants and agents inside the IRA in stopping countless killings?
Hilary Benn
I think it is very important that we take a balanced view, and that we acknowledge successes, bravery and determination—we saw that in abundance during the troubles—but where things happened that should not have happened, we need to acknowledge them, because how can we make progress now and in the future if we do not learn the lessons of the past?
Mr Gregory Campbell (East Londonderry) (DUP)
In analysing the report and the Secretary of State’s statement, people will be looking to the future as we try to ensure that no one rewrites the past. However, in trying to do that, does he agree that the murky world people such as Scappaticci inhabited brought about the consequences of 1994, when both the IRA and loyalists declared ceasefires, and that now is the time for the leaders of the political republican movement to say that what happened in the past was wrong and should not have happened, and to issue an unequivocal apology for the actions of the Provisional IRA?
Hilary Benn
I simply say to the hon. Gentleman, who raises a very important point, that we as a House are clear that there was always—always—an alternative to violence: it was not justified; it was never justified. When we look at the number of people on all sides who were killed in the troubles, we know the grief, the pain and the suffering that was caused. However, we also need to recognise that there was a process that led to the ceasefires and political power sharing, which has resulted in peace and stability in Northern Ireland ever since the signing of the Good Friday agreement. That is the most important thing we should hold on to while, as I have said, learning the lessons from the past and providing answers to the families who remain to find them.
I think this is the final question, so I will just share with the House that, about three and a half or four weeks ago, I went to Bragan bog with the two brothers and the sister of Columba McVeigh. He was 19 years of age when he was murdered by the Provisional IRA, and information suggests that his remains lie in that bog. It is a desolate place, and the search for his body has been going on for a very long time. The Independent Commission for the Location of Victims’ Remains has done such an important job in helping to bring back the remains of people who were murdered in such circumstances, so they could be laid to rest with their families present. I, like I am sure all Members of the House, long for the day when the bodies of Columba McVeigh, Robert Nairac, Seamus Maguire and Joe Lynskey are finally recovered, so all of the disappeared can rest where they should rest, with the knowledge of their families, so they can have some peace.
Jim Shannon (Strangford) (DUP)
Mine is always the final, final question, Mr Speaker. I thank the Secretary of State very much for his answers. I also thank all of the security forces, the Army and the RUC for all they did to save lives. I think this House, the nation and Northern Ireland owe them a great debt for all they have done, and we should put that on the record.
When thinking of Kenova, my mind goes back to 1984 and the case of Jimmy Young, who lived in Portaferry in my constituency of Strangford. His case was part of the file sent to the Public Prosecution Service for Northern Ireland that included a report on Stakeknife’s involvement, but no prosecution was ever initiated. What steps will be taken to ensure that the family members who are still alive and mourning Jimmy’s killing have access to as much information as legally possible and get some form of justice for his murder? I always ask for justice, and I am asking for justice for Jimmy Young and this family.
Mr Speaker
Order. The hon. Member for Tewkesbury (Cameron Thomas) should please not walk in front of the hon. Member for Strangford (Jim Shannon) when the Secretary of State is answering his question.
Hilary Benn
The hon. Member for Strangford (Jim Shannon) always makes his contribution on matters such as finding answers for the families with real force and compassion. As he will be aware, Operation Kenova submitted a number of files to the Public Prosecution Service for Northern Ireland. In only one case has a prosecution been taken forward, and I referred to that in my reply to the right hon. Member for Belfast East. In other cases, the PPS decided there was not a basis for a prosecution.
That is of course frustrating, but the independence of our prosecutorial system is an absolutely essential safeguard for all of us. It has to make a judgment that the two tests, of whether there is a reasonable prospect of a conviction and whether it is in the public interest to prosecute, are met. However, that does not mean that the family mentioned by the hon. Member for Strangford cannot still seek to get answers. That is what the commission is for: that is work it is undertaking currently and that it will do in the future, under the new arrangements that I hope the House will agree to put in place. We should leave no stone unturned in trying to give families what they have been looking for for such a long time, and I wish that for the family he mentioned.