Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Baroness O'Loan and Baroness Ritchie of Downpatrick

Consideration of Commons amendments
Tuesday 12th September 2023 Lords Chamber

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, it is a pleasure to follow the noble Lord, Lord Weir. Noble Lords have been consistent across the House in their opposition to the contents of this Bill, which I believe are deeply iniquitous. For me, they represent a denial of basic human rights—access to justice and truth, the very things that victims and survivors have yearned for over many years.

I am deeply disappointed that the Commons, on a majority vote, rejected our reasonable amendment, which was supported across this House last week. None the less, I do not think that the issue will be resolved by this Bill. I believe that Sir Declan and his commissioners will meet many legal challenges; in fact, he invited them in his Irish News interview on Monday 28 August, which suggests that he might have doubts about this process.

Notwithstanding that, this House has stood solidly and steadfastly with the victims and survivors. I was disappointed again when I heard the Secretary of State in an interview a few days ago, as he did not seem to reflect on, think about, empathise with or sympathise with the views of victims. He simply dismissed them. This was another denial of their right to justice and human rights. Always remember that victims of the Troubles have suffered immeasurably in many ways, whether physically or mentally, over a long period, through the loss of loved ones.

So, we still disagree with this Bill. I am pleased that my honourable friend the Shadow Secretary of State has indicated that a future Labour Government will repeal the Act. I look forward to that day, because I know where I stand: it is with the victims and survivors, right across the board.

[Baroness O'Loan (CB)]

My Lords, I rise to speak in opposition to the Government’s removal of the opportunity for family members of those who died in the Troubles to play a role in the decision as to whether immunity should be granted under the Bill. Accepting your Lordships’ amendment would have given victims the opportunity, at least, to have a role in the decision as to whether to grant murderers immunity for the murder of their loved one.

Today is a terrible day for the people of the United Kingdom and for the rule of law in the United Kingdom. It is a day of shame. It is the day on which Parliament is legislating to remove from people across the UK who were victims of the Troubles access, in accordance with the rule of law and our international legal obligations, to criminal prosecutions, civil actions for damages for loss and injury caused, and to inquests. Moreover, His Majesty’s Government are forcing through not only these restrictions but their immunity clause, despite the fact that, as the Secretary of State said most recently,

“There are no guarantees that the Bill will bring information forward”—[Official Report, Commons, 6/9/23; col. 439.]


at all.

How do your Lordships think the people of Northern Ireland and the other victims of the Troubles across Great Britain felt on hearing those words? At least the current system had been gradually providing verifiable and accurate information for victims, despite the best efforts of those who sought to limit access to information. The Secretary of State said yesterday that, despite the widespread opposition to the legacy Bill from politicians and victims, he has not been presented with an alternative option. This is untrue. The Government have been presented with alternatives during the passage of the Bill which included a fully empowered independent commission that would have investigated in compliance with all our legal obligations. Those alternatives have all been rejected by the Government, who have used their parliamentary majority to force through this iniquitous Bill against the wishes of every political party, community group, victims’ group, human rights organisation, et cetera. Nobody in Northern Ireland and nobody among the GB victims’ groups wants this law.

On this day, His Majesty’s Government are using their parliamentary majority to force through a Bill that is already subject to challenge in the courts. There is now tremendous pressure on the party in opposition to live up to its commitment to repeal the Bill if it wins the next election. Even more, there is huge international pressure on the Irish Government to institute legal proceedings in the European Court of Human Rights in respect of the UK’s failure to comply with its legal obligations under the treaty. I very much hope that they will bring those proceedings.

A country which does not respect the rule of law and its international legal obligations loses its legitimacy in the wider world. In passing this Bill, the United Kingdom is not, as His Majesty’s Government have claimed, seeking to provide truth and reconciliation for the people of Northern Ireland and for all the victims of the Troubles across the United Kingdom. The noble Lord, Lord Bruce, asked a very pertinent question, and I hope the Minister will reply to it. The effect of this Bill is to restrict access to legal remedies, which are enjoyed by everybody else in the United Kingdom, for that small and unfortunate group of victims, several thousand in number, who suffered so terribly during the Troubles. I cannot support this amendment.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Baroness O'Loan and Baroness Ritchie of Downpatrick

Report stage
Wednesday 21st June 2023 Lords Chamber

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I believe that the Bill and the government amendments to this clause to do with inquests and judicial outcomes clearly undermine the fundamental tenet of basic human rights: the right to access to inquests and investigations for those seeking truth and justice following the heinous murder of their loved ones. Clause 40 deals with investigations, inquiries and inquests, but the Government seek to eradicate such provisions.

In my former role as MP for South Down, as an MLA for that constituency and as a district councillor, on many occasions I met families who had lost their parents, their siblings or their sons and daughters through summary execution by paramilitaries or as a result of state violence. On all occasions, those people wanted truth, justice and, above all, to know what had happened to their loved ones, why it had happened, what were the circumstances, and most of all, whether it could have been avoided.

I suppose that I have the most direct experience with Loughinisland, where six men were gunned down on 18 June 1994. That was subject to an inquiry by the former Police Ombudsman for Northern Ireland, the noble Baroness, Lady O’Loan, which was then progressed by her successors until eventually a Police Ombudsman report was published in 2016 which found elements of collusive behaviour between security forces and members of loyalist paramilitary organisations. I knew many of those people who were killed, and I have to say that the people I knew had absolutely no participation in terrorism. They abhorred violence, and perhaps their only political act was to vote. In fact, two of those people who were killed on that night were indirectly related to me, one of them the eldest man to be killed in the Troubles; his brother was married to my aunt. Those things you do not easily forget.

Clause 40 deals with investigations and the Government seek to eradicate those provisions. I am a signatory to Amendment 110 in the name of the noble Baroness, O’Loan, which seeks to remove this clause from the Bill and try to ensure a redress system. This view is supported by the Commission for Victims and Survivors, Amnesty and the CAJ, and latterly by the Tánaiste, Micheál Martin. He wrote an opinion piece this week for the Financial Times in which he states:

“Existing mechanisms for dealing with the legacy of the past, while imperfect, deliver important outcomes for those families, such as the vindication of a murdered loved one’s innocence. In its Legacy bill, the UK government intends to permanently close off access to these mechanisms—inquests, police ombudsman investigations, civil cases and police investigations—which are working for families and, importantly, demonstrating a vindication of the state’s obligations under the European Convention on Human Rights to investigate killings effectively”.


With the government amendments in this group, all investigations into harmful conduct forming part of the Troubles will be brought to an end by the Bill and by the amendment of the deadline to 1 May 2024. That applies to inquests, investigations, inquiries and investigations by the Police Ombudsman. After that date, the only remaining available investigation will be a toothless light-touch review by the ICRIR. This is a much inferior mechanism to those that currently exist.

For example, in the case of the late Sean Brown from Bellaghy, whose inquest hearings were last week—he was murdered by loyalist paramilitaries about 30 years ago—if information from the MoD and the police does not reach the inquest hearing, which has been delayed, the family fear that what they believe to be deliberate delaying tactics, which have proved successful for the state agencies, will continue until 1 May 2024 and there will therefore be no redress. The late Sean Brown’s widow and family simply want truth and justice via the inquest system. It is important that this right is not denied to them through this arbitrary deadline of 1 May 2024. I am also aware of police widows who seek similar redress, which they are entitled to.

The Commission for Victims and Survivors wants the inquest system to remain as it is because of a number of families who are concerned about this change of approach. These are the people who carry the weight of loss in circumstances that have never been properly explained. The 1 May 2024 deadline has added to that weight and their sorrow.

The Human Rights Commission’s view is that the existing system should be developed, not regressed. There have been significant steps forward for several families in uncovering the truth and seeking justice that would not have been possible without the existing systems—I have already referred to Loughinisland and the Police Ombudsman’s investigation. That point is emphasised by the CAJ, which states that the Bill will shut down existing legacy mechanisms when such mechanisms are increasingly delivering for families. The government amendments are designed to copper-fasten and extend this process.

I therefore support the amendment in the name of the noble Baroness, Lady O’Loan, which seeks to remove Clause 40 and ensure that the existing work, which is being done very efficiently and is helpful to families, can continue. Can the Minister confirm whether he received support for or opposition to these amendments and for the Government’s intended purpose in this legacy Bill in all the meetings he had over the last number of months? I urge him to withdraw the 1 May 2024 deadline and go back to the drawing board of the Stormont House agreement as a basis for dealing with legacy, because it has the involvement of the parties and of the Irish Government. Will he and government colleagues meet the Irish Government to discuss this issue as a matter of priority? If the noble Baroness moves her amendment on Monday, I will be very happy to support it.

[Baroness O’Loan (CB)]

My Lords, group 6 refers to criminal justice outcomes. These really are the critical clauses. They remove from those affected by deaths and serious injuries between 1966 and 1998 the ability to pursue civil actions for the loss or damage that they have suffered; the ability to have investigations, as required by the ECHR; and, in cases where people have suffered a violent death, the ability to have inquests in respect of those deaths.

The noble Lord, Lord Hogan-Howe, who cannot be with us this evening, and I asked the Government to provide definitions of “review” and “criminal investigation” in order to inform your Lordships’ understanding of the difference between the two, which is a vital issue in this Bill. The Minister expressed the view that it was not necessary to provide such definitions. However, in its report of January 2021 on the work of Operation Kenova and the Glenanne review—Operation Denton—the National Police Chiefs’ Council explained:

“Operation Denton differs from Kenova in that it is being conducted as a review, and not as a criminal investigation at this time. This makes the approach by the operational team fundamentally different to that of Kenova”,


which is an investigation,

“from an evidential perspective”.

That fundamental difference of approach is why His Majesty’s Government were so strongly criticised for making the function of the ICRIR to conduct reviews of deaths. That confusion continues to permeate the legislation. Even by Third Reading, perhaps the Minister might seek the assistance of the National Police Chiefs’ Council and provide us with an amendment to define “review” and “investigation”, which would help the House in making its decisions.

In future, despite the Minister’s Amendment 32 to Clause 23, it is for the commissioner to decide whether investigations should form part of a review. Once the Act comes into force, there will be no criminal investigations as we know them today by the police or other agencies in relation to Troubles-related offences. Existing investigations will cease unless a decision to prosecute has been made and the ongoing investigation is for the purpose of that prosecution. A few minutes ago, the Minister expressed the hope that Operations Kenova and Denton would be complete by 1 May 2024. However, I have to point out to him that that is not to be determined by Kenova and Denton, which have finished their work and are simply waiting for decisions from the Director of Public Prosecutions, security reviews, Maxwellisation and that sort of thing. There is very little that Kenova or Denton can do; it is for others to do this. We have been told, however, that others cannot do it because there are no resources; we are also told that that is the fault of the Northern Ireland Assembly, which does not sit. This does not seem to be a particularly constructive approach to the problem.

Unless a family member, the Secretary of State for Northern Ireland, the Attorney-General for Northern Ireland or the Advocate-General for Northern Ireland asks for a review and the ICRIR decides both that there should be a review and that the review should take the form of a criminal investigation, other investigations will simply cease without any provision for victims. Earlier, I referred in particular to the case of those three young police officers who were killed in the Kinnego Embankment explosion and whose file has been referred to the DPP. It would be wrong for these cases simply to die with the passing of this Bill.

In more limited circumstances where a review involves a death that was caused directly by conduct during the Troubles, coroners, sheriffs and procurators fiscal in Scotland can ask for a review. In all other cases, the investigation will cease and there will be no investigation and no provision for victims.

As a consequence of the Government’s amendments to this Bill, even those that say that there must be compliance with the obligations imposed by the Human Rights Act, such compliance is de facto not possible because, among other reasons, there is provision for immunity from prosecution for murderers and the ICRIR does not have unqualified access to information held by relevant agencies under Clause 5. Despite the Minister’s comments on the previous group, I, as Police Ombudsman for Northern Ireland, had the right to require the delivery of information. The ICRIR has the right only to reasonably request information. It is different.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Baroness O'Loan and Baroness Ritchie of Downpatrick

Committee stage
Tuesday 31st January 2023 Lords Chamber

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I am very pleased to have been a signatory to these amendments and to assist the noble Baroness, Lady Suttie, in dealing with the needs of victims. The need for these amendments became very apparent last night, when we were talking to the victims associated with SEFF. As we have already explained, many of them experienced undue suffering and terrible hardship as a result of the summary execution of their loved ones, whether they were members of the security forces or ordinary members of the community.

The victims’ commissioner and his commission are absolutely correct in their assertion, based on feedback from members of the Victims and Survivors Forum and victims themselves: it is important that they can tell their story and the impact of that immediate and summary loss on them, their families and their wider community. That is vitally important and should be permitted. I make a plea to the Minister to give due consideration to these amendments. Maybe the Government would consider coming back on Report and inserting them in the Bill.

[Baroness O'Loan (CB)]

My Lords, I support the amendments tabled by the noble Baronesses, Lady Suttie and Lady Ritchie, and the noble Lord, Lord Murphy, which provide for the inclusion of victim impact assessments, which are now part of normal criminal justice processes, in the consideration of a final report on a review or an investigation.

I cannot help noticing that the word “victims” appears but twice in the Bill. One is in Clause 49, which states that the designated persons are to be appointed by the Secretary of State under Clause 50 if he

“is satisfied that the person would make a significant contribution to the performance of the functions which are imposed by sections 43, 44 and 46”,

in Part 4, “Memorialising the Troubles”. Clause 50 states:

“When deciding whether to designate a person, the Secretary of State must have regard to whether the person is supported by different communities in Northern Ireland and will act independently of the influence of any other persons.”


Questions must arise here. Do they have to be supported by different communities? What are different communities? Are we back to sectarian headcounts? The legislation provides that:

“The designated persons must use their best endeavours to establish an advisory forum consisting of other persons”—


simply “use their best endeavours”, not just establish it—including

“persons who represent the views of victims and survivors of events and conduct forming part of the Troubles”.

The only other reference to victims appears in paragraph 5 of Schedule 11, which relates to the situation in which a person asks the Secretary of State for information about any application which may have been made for release under the sentences Act by a person who is serving a sentence of imprisonment for at least five years or for life. Two fairly insignificant changes are made to the information to be provided to the victim about the convicted person. In a Bill that the Government have presented as being designed to bring reconciliation to Northern Ireland, these minor but very important amendments would do something to promote the interests of victims.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Baroness O'Loan and Baroness Ritchie of Downpatrick

Committee stage
Tuesday 31st January 2023 Lords Chamber

[Baroness O'Loan (CB)]

My Lords, this group of amendments refers to the independence of the commission to be created. Throughout the Bill, there are restrictions on that independence in the form of not only the Secretary of State’s control over the number of commissioners, and in this instance the appointment of commissioners, and the budget, but many of the other requirements made of the commission and the various powers given to the Secretary of State.

I find some of these powers astonishing. They include the power to give guidance to the ICRIR about how to exercise its functions so as not to prejudice national security, put a life at risk or act in any way which might prejudice actual or prospective criminal proceedings. This exercises the minds of senior investigating officers, chief officers, prosecutors and judges on a very regular basis—decisions have to be and are made. Why do the Government think that the ICRIR will not be capable of making such decisions?

There is also a power to identify sensitive information to be given to the commission, the chief constable of the PSNI, chief officers of police forces in Northern Ireland, the Police Ombudsman, the director-general of the Independent Office for Police Conduct, Northern Ireland departments and Scottish Ministers. Managing and identifying sensitive information is done routinely by people such as chief constables. It is difficult to understand why the Secretary of State should be required to make regulations and give guidance in these situations. To those looking in from the outside, from whom I have heard quite extensively, it appears that this may enable the Secretary of State to control the work of the ICRIR.

The Secretary of State has a further extraordinary range of powers throughout the Bill, which we will come to later. Combined, they introduce a unique group of powers regarding the operations of the ICRIR. All the powers conferred on the Secretary of State to enable him to regulate, manage, control or otherwise dictate the proceedings of the ICRIR rest on the appointment of the commissioners. Amendments 12, 13 and 16, to which I have put my name, and Amendments 24 to 30, all in the name of the noble Lord, Lord Browne, seek to address a profoundly important control given to the Secretary of State in Schedule 1 by giving the appointment-making function for the commissioners to the Judicial Appointments Commission rather than to the Secretary of State.

The Judicial Appointments Commission comprises nine people, five of whom are judges and four of whom are not members of the legal profession at present. The requirement in the schedule on the Secretary of State to consult the relevant senior judge and such other persons as he or she considers appropriate will be indicative to many of those in Northern Ireland who want to see a truly independent commission of a total lack of independence. Noble Lords will know that perception is as important as reality in cases such as this. If the commission is to gain any credibility, it must above all be seen to be independent.

It seems to me that, were the House to agree the noble Lord’s amendments—which he has just said he will withdraw but which I may well retable on Report because they are so important—the Minister’s Amendments 14 and 15 would be unnecessary. In any event, they would not meet the requirement for an independent appointment. The appointment of a person who has gained experience outside the UK, as provided for in Amendment 14, may be an asset, but it could occur in any case, and it seems to me superfluous.

The one thing that emerges from a study of this Bill is that the ICRIR will not be enabled to be independent by its provisions. Rather, it is clear that so much power is reserved to the Secretary of State that it cannot be independent. There is no legislative consent Motion in support of this Bill and no support for it. We are talking about the past and future of the people of Northern Ireland. Independence is critical for this commission.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I support the amendments in the name of my noble friend Lord Browne of Ladyton. Over the last number of days, increasingly people have said to us, right across the community in Northern Ireland, that they are opposed to this Bill on the basis that it does not have victims and survivors at its heart and centre. Last night, I was very pleased to sponsor a meeting for SEFF in your Lordships’ House, where that was the message, yet again, that was given to us. Right across the community, irrespective of political or religious persuasion or, shall we say, whatever job the person may have had, as a victim or survivor, people do not support the Bill because their needs and requirements are not placed at its centre.

The need for the independence of the commission goes to the very heart of the Bill. We have seen quite clearly that the Secretary of State will have undue and unfettered powers. My noble friend Lord Browne is absolutely correct: the membership and work of the commission need to be independently determined and it must not be shackled by the unfettered powers of the Secretary of State.

In fact, many human rights organisations have concerns about the influence of the Secretary of State over the processes of the ICRIR as proposed by the Bill. For example, the Secretary of State will have the power to appoint its chief commissioner, who must be a UK judge, moving significantly away from the process envisaged in the Stormont House agreement of appointing an international figure to be jointly agreed by both the UK and Irish Governments. Where is this process of engagement and consultation with the Irish Government and, of course, the agreement that is urgently required? Things in Northern Ireland do not go ahead successfully unless there is reconciliation, consensus, agreement and consent. There is definitely not consent for this Bill. There will be no legislative consent Motion because there is not an Assembly at the moment, but the five main parties are opposed to the Bill, so it would not happen anyway.

While the proposed government amendments to Schedule 1 seek to provide that the Secretary of State consults relevant figures, they are unspecified. In advance of appointments, the wide discretion given to the Secretary of State in Northern Ireland over appointments to the ICRIR remains. Furthermore, requiring the Secretary of State to ensure, as far as practicable, that there is a commissioner with international experience is a weak substitute for an independent, international individual or group of individuals. I sincerely endorse the views of my noble friend Lord Browne and ask the Minister to go back and look at this issue.

The submissions given to us are quite clear. Liberty says that

“While this may be a ‘Northern Ireland Bill’ in title and in focus, it is explicitly one that is directed by Westminster. This is not just true in the exclusion of stakeholders in Northern Ireland and Ireland alike in the introduction of the Bill, but in the deep vein of political interference that runs through the legislation”,


and that the ICRIR

“stands a chance of working only if it is seen to be independent in its operation.”

Yet the hand of the Secretary of State looms large throughout all aspects of its function.

A similar view is expressed by Amnesty, which quite clearly states that the ICRIR does not meet ECHR procedural requirements, and that the Secretary of State retains control over the appointments, the resources and caseload of the ICRIR as well as the powers to terminate its work at any point. In view of that, it is quite clear that the ICRIR will not be independent and I would like the Minister to outline to the House how he and the Government will address that issue, and how he will toughen up the legislation by amendments on Report to ensure independence. If the needs and requirements of victims and survivors are to be placed at the centre of the Bill, this is an urgent priority and I urge the Minister to do that and to use the Judicial Appointments Commission to fulfil the requirements of the ICRIR in achieving independence.

Northern Ireland Protocol Bill

Debate between Baroness O'Loan and Baroness Ritchie of Downpatrick

Committee stage
Tuesday 25th October 2022 Lords Chamber

[Baroness O'Loan (CB)]

My Lords, I speak as one who lives in Northern Ireland and experiences on a regular basis the impact of the bureaucracy associated with the operation of the protocol. I spoke at Second Reading of my concerns about the Bill and I want to support both amendments placed before your Lordships today, because we do not have the information that would underpin proper consideration of the necessity for the Bill. No doubt a solution has to be found to the various problems arising in the operation of the protocol but, as witnesses to the Northern Ireland protocol sub-committee of the European Affairs Committee told us—we heard evidence last Friday in the Northern Ireland Assembly—this Bill is like placing a gun on the table at the negotiations.

I hope that, even at this late stage, the Prime Minister and the usual channels will consider the matter further and withdraw the Bill—in light of your Lordships’ interventions today, of the reports of the sub-committee on the protocol, those of the Delegated Powers and Regulatory Reform Committee and, most of all, in light of the report of the Constitution Committee, which says:

“Legislation which puts the UK in breach of international law undermines the rule of law and trust in the UK in fulfilling future treaty commitments. The Government’s reliance on the doctrine of necessity does not justify introducing this Bill. This raises the question of whether ministers might be thought to have contravened their obligation under the Ministerial Code to comply with the law, including international law.”


This is the most serious of observations by the Constitution Committee. I will vote against the Bill when we get an opportunity to do so but, at present, I support the amendments.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I rise to support both these amendments and to pay tribute to our colleague Baroness May Blood, who sadly passed away last week. May was a fearless campaigner in Belfast for the rights of the underdog, for integrated education—believing that children should be educated together rather than apart—and, above all, for the rights of women in work and in factories.

I support the contents of these amendments. So far, we have not received from the Government any reports or any assessment from their perspective about the report from the Delegated Powers and Regulatory Reform Committee. Also, we now have the report from the Constitution Committee, as was referred to by the noble Baroness, Lady O’Loan.

No assessments have been carried out in respect of the economy, business and commercial developments in Northern Ireland. Only last week, as a member of your Lordships’ committee on the protocol, I returned to Northern Ireland along with the noble Baronesses, Lady O’Loan and Lady Goudie, and our chair the noble Lord, Lord Jay. We paid a visit and took evidence—in Newry, which is along the Belfast-Dublin corridor, as well as in the Northern Ireland Assembly—from the leaders of all the political parties, and from the business, commercial and manufacturing sector. The general view of those people—apart from those in the haulage sector—was “Please remove this Bill”. This comes back to the basic point that there have to be successful negotiations, a successful negotiated outcome between the EU and the UK. That is vital. Those negotiations cannot come to a positive conclusion as long as the Bill, which is like a gun on the table, exists. I urge the Government: please remove this Bill, as it is not helpful.

Like the noble Lord, Lord Cormack, I urge the Government and the new Prime Minister to come to Northern Ireland—above all, to come with Taoiseach Micheál Martin and show the joint approach that was portrayed in the Good Friday agreement. That bipartisan approach is urgently required because, unless there are negotiations to restore the political institutions, we are in a political backwater. I urge the Government please to do that.