Northern Ireland Troubles (Legacy and Reconciliation) Bill

Baroness Bennett of Manor Castle Excerpts

2nd reading
Wednesday 23rd November 2022 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, perhaps I should declare my position as a former Times headline writer, from which I am able to confirm that the headlines very often do not reflect the nuance of a story—or, indeed, quite often the facts.

I rise to make a modest and short intervention in this enormously powerful debate. One of my chief reasons for doing so is to reinforce a point made by the noble Baroness, Lady Smith of Basildon, in her presentation of her amendment. The noble Baroness said this Bill is

“opposed by the widest possible political coalition.”

My remarks today come after a close consultation with the Green Party of Northern Ireland. The words are my own, but I received from the Green Party of Northern Ireland a very clear message, as reflected in the words of the noble Baroness, Lady Ritchie of Downpatrick, that this Bill should not go forward.

That is also the message I have personally received here in meetings with victims’ families in Westminster. I also note that, while we are focusing on the Bill, we are debating an amendment to a Second Reading. In my three years in your Lordships’ House, I have taken part in many debates—something the Whips often comment upon—but I have never seen this form before, and I think that is a reflection of the general feeling of the House.

I will acknowledge, as have many others, that the Minister has approached this debate in a conciliatory spirit and has clearly expressed his personal position, and I think the House collectively has thanked him for that. But that does not get us away from the fact that the Government are putting before us an unacceptable Bill. That is the view that has been expressed around your Lordships’ House and, indeed, around Northern Ireland.

An amnesty is not the answer. There is no appetite for it in Northern Ireland, from victims, veterans, political parties or former police officers. An amnesty is the negation of criminal and civil liability. Linking the avoidance of prosecution to any truth recovery body or mechanism undermines the credibility of that body.

The problem is not the awkwardness of its title, much as the Independent Commission for Reconciliation and Information Recovery is indeed a terrible mouthful, but, again, speaking as a former journalist, often when you see awkwardness in expression and explanation, that is an indication of underlying problems with the whole approach.

The noble and learned Lord, Lord Judge, says that this is a Bill that allows murderers to get away with murder. I am going to speak personally here, as I am still recovering from and processing in my own mind a visit last week to Ukraine: to Kyiv, Bucha and Irpin. That is where I saw unmistakeable evidence of war crimes and atrocity. To be absolutely clear, I am not making a comparison between the conflicts but I am making a comparison between two societies with a burning desire for justice.

In Ukraine, the international community and the Ukrainians themselves, even in the midst of an attempt to wipe their state off the face of the earth—something we have seen with increased hideousness even today—are making strenuous efforts to document crimes and collect evidence, to ensure that there is a possibility, however distant, for future justice.

The UN assistance mission told me at the weekend that it had reports of 47,700 potential war crimes. That desire for justice—to ensure full legal acknowledgement of what has happened, as the noble Baroness, Lady Ritchie, put it—is a reflection of the impact on ordinary families and people’s lives. That cannot be forgotten, no matter how many years have passed.

I was particularly taken by the words of the noble Baroness, Lady Ritchie, when she was talking about the impact of family loss on a six year-old boy. On the sleeper train back from Kyiv I shared a compartment with a Ukrainian family with a boy of about that age. You could see the impact that the war had had on that child’s life, and that will obviously continue right through his life. That is what we are looking at in the Northern Ireland situation today.

I also bring that in because it is important that we consider that we are operating in an international context, in which the rule of law and human rights are under concerted attack. As the noble Baroness, Lady Ritchie, and many others have said, independent sources have judged the Bill to be in breach of Article 2, “Right to life”, and Article 3, “Prohibition of torture”, of the ECHR.

It is not my place or, I suggest, that of this House to propose alternatives. As the noble Baroness, Lady Smith of Basildon, said, the way forward must have the support and full input of those affected. Moreover, the solution should be co-created with them. It has been said to me in these discussions that, if I am going to oppose this, I have to provide a solution instead. I do not think that is something that your Lordships’ House can do. The noble Lord, Lord Hain, said that the Bill needs to be completely rewritten. I agree with the sentiment, but I propose that this is not something that the Government are in a position to do, particularly now. It needs much broader and more democratic input.