Northern Ireland Troubles (Legacy and Reconciliation) Bill

Baroness Ritchie of Downpatrick Excerpts

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

Baroness Ritchie of Downpatrick Excerpts

Consideration of Commons amendments
Tuesday 5th September 2023 Lords Chamber

There will be much discussion about the technicalities and what we are proposing to do, but I make this appeal to the House. Please hear the voices of those who have condemned what is happening and have made the simple human plea, “Please remember we have carried the hurt, pain and loss over the Troubles in Northern Ireland, and you have the opportunity now to do something about it”. Please do not miss the opportunity.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, it is a pleasure to follow the noble and right reverend Lord, Lord Eames, on this very difficult and vexatious issue that impacts most families not only in Northern Ireland and Ireland but across the wider UK. Many people have been impacted by the untimely and summary death of a family member as a result of the Troubles. Therefore, very clearly, the victims should be central to the Bill—as this House has said; it was articulated by the noble and right reverend Lord, Lord Eames, and the noble Baroness, Lady O’Loan. However, I am sorry to say that the victims are not central to the Bill. This is probably an issue of expedience on the part of the Government to deal with this issue—and that is totally unacceptable. I will support both amendments in the names of my noble friends Lord Hain and Lord Murphy, if they choose to put them to Divisions.

It is interesting to note that we are joined today in the Public Gallery by some of the representatives of victims from Northern Ireland, including Raymond McCord, to whom the noble Baroness, Lady O’Loan, referred, and his colleagues. They have direct experience. They have told the Government, the Irish Government, the European Union and political parties in Northern Ireland, this House and the other place, that the Bill will not meet the needs of victims and that victims will be undermined.

On Monday of last week, 28 August, Sir Declan Morgan gave an interview to the Irish News, to which my noble friends Lord Hain and Lord Murphy already referred. When I bought my copy of the Irish News last Monday morning, I was immediately struck by heading, “Legacy Body Chair Welcomes Any Legal Challenges”. I would like to tell him that there will be legal challenges; they will come not only from the victims’ groups but, probably, from the Irish Government and other bodies in the European Union. The European Commissioner has already highlighted the issues around immunity. There is no doubt that the Bill, as it exists, will impede justice and truth; it will relegate victims, not to the second division but to the eighth or ninth division.

I implore the Government at this late hour to support the amendments in the names of my noble colleagues. If that is not possible, I beg them to stop the Bill and to stop further hurt in an already divided society that has seen so much over the last number of weeks in relation to policing, to victims and to the Bill and legacy. Those were two thorny issues that came out of the Good Friday agreement which required resolution. We thought that the policing issue was resolved but now it appears that a greater investment in the structures is required to ensure that there is proper retention, proper recruitment and a return to 50:50 recruitment, and that police officers and civilian staff are properly protected. However, victims also need to be protected.

In his wind-up, will the Minister demonstrate to this House how the Bill will be human rights compliant? I note that Sir Declan Morgan has said that he is committed to ensuring that the commission is human rights compliant. From his interview, I would deduce that Sir Declan is probably now querying whether the Bill, if enacted, will be human rights compliant, and whether it will comply with the ECHR. I know where I stand. I stand with the victims of the Troubles on all sides; whether their loved ones were executed by paramilitaries or by state forces, victims come first in all of this.

[Lord Dodds of Duncairn (DUP)]

My Lords, we return to this issue of legacy, almost certainly for the last time in this House as far as the Bill is concerned but certainly not for the last time in this or the other place—and possibly sooner than expected.

I have no difficulty in supporting the amendments brought forward by the noble Lord, Lord Murphy of Torfaen, which represent an improvement on what is currently before the House. We all know and acknowledge, and it has been said across all sides of the House, that all the amendments, including the ones brought forward by the Government during the passage of the Bill, do not and cannot rectify the fundamental flaw at the heart of the Bill, which is that it provides immunity from prosecution to terrorists. As the noble and right reverend Lord, Lord Eames, said so passionately and eloquently, what will future generations think of this mother of Parliaments, which was prepared to do such a thing to innocent families?

Nevertheless, some important work has been done to try to mitigate some of the worst aspects of this wretched piece of legislation, although I regret that, despite our best efforts, the glorification of terrorism has still not been adequately addressed in the Government’s amendments. Again, week after week, in Northern Ireland and in the Irish Republic, we see Sinn Féin, and the person who wants to be the First Minister of Northern Ireland, supporting and glorifying the bloodshed and terrorism that the IRA committed. They were not the only ones to engage in terrorism but they are the ones that are most to the fore in glorifying it, much to the trauma, pain and hurt of their victims.

The Government have brought forward a number of amendments, some of which had been originally tabled in the other place by my party colleagues, especially Gavin Robinson. I think of the repeal of the Northern Ireland (Sentences) Act 1998, which the Minister referred to, as well as the increase in fines. It is also beneficial to the Bill that there is now the ability to revoke immunity should it be obtained through deception or lies. Again, that was tabled in the other place by my party colleagues. The Government committed in the other place to delivering that change in this House, and it is good that that was done.

I am glad that in these amendments, both in the other place and here, a lot of heavy lifting has been done by colleagues over many hours—in opposition parties, as well as by colleagues on our Benches—in an attempt to improve what is fundamentally flawed during long, what appeared sometimes to be interminable, debates, often with few outside those who were really interested present.

It has been argued by some that because of previous betrayals of victims and the previous setting aside over many years of the principle of justice in various ways, we should now somehow not be too hard on this Bill. People have referred to the on-the-runs legislation, to letters of comfort handed out to terrorists, to republicans, via Sinn Féin, and indeed to many other things that happened to the hurt of victims under both Labour and Conservative Governments.

But, my Lords, that is not something that victims say to us today. I am glad that our party in and outside Parliament, and many others, stood with innocent victims and opposed those previous obnoxious steps which were taken to appease terrorists and their supporters at that time. We opposed them then, just as we oppose this legislation, not out of any idea of populism but as a matter of principle. We have been consistent in that.

Indeed, we opposed one of the greatest betrayals of victims, when those guilty of some of the most heinous crimes imaginable, including mass murder, were given early release in 1998—something that to this day traumatises many victims, as they will tell you if you speak to them, and which was cheered on by those who should have known better, and indeed did know better at the time.

It is right as we finish these debates in this House to call out some of those people who purport to stand on the side of victims. We hear about all the political parties which are opposed to this legislation, and that is right, but Sinn Féin purports to talk about victims, victims’ rights and justice, and it is the greatest perpetrator of murder, which still to this day glorifies and defends it. It cannot speak for victims, and its cynicism and opportunism should be called out. Nor can the Irish Government, for that matter, who for many decades harboured terrorist fugitives from Northern Ireland and refused to extradite them there for justice. Whatever about the issues in the Bill—and we are opposed to it—it ill becomes the Irish Government in particular to complain. Even to this day, they refuse to co-operate properly in regard to allegations of collusion between the Garda Siochana and IRA terrorists in relation to a number of incidents in the Irish Republic and refuse to instigate a public inquiry in relation to the Omagh atrocity.

All along, we have believed, as other noble Lords and Baronesses have said, that the victims should be listened to. It is their crying that should be taken account of. If the evidence justifies it, terrorists should not be able to hide or escape justice by having the ability to invoke some kind of immunity or amnesty—conditional or otherwise.

In closing, I want to pay tribute to those innocent victims. I think of the delegation which came to Westminster in late January of this year. Among them was Pam Morrison from County Fermanagh, who will be known to many from Northern Ireland, whose three brothers, the Graham brothers, were all brutally murdered by the IRA one by one between 1981 and 1985. She also lost her sister, serving with the UDR: four brothers and sisters. Pam pleaded with the Government to listen. They have refused, but I have no doubt that we will hear her voice again, and we will all return to this subject soon.

--- Later in debate ---

I give way—with reluctance, I am afraid.

[Baroness Ritchie of Downpatrick (Lab)]

I thank the Minister for taking my intervention. In that same article in the Irish News there was a subheading which indicated that the staff to assist Sir Declan would come from the Northern Ireland Office. Can the Minister confirm that this is correct and, if so, how will it address the issue of independence of the commission?

[Lord Caine (Con)]

There are officials from the Northern Ireland Office assisting with the establishment of the body, but the staffing of the body will be entirely for the commission itself; it is not a matter for the Northern Ireland Office. The legislation is not yet passed, so the commission will not formally come into being until next year. All that is happening is that officials from my department are helping with the establishment during that transition phase.

As I said, this has taken on something of a Second Reading debate. We have heard many points rehearsed extensively. Therefore, I conclude by asking noble Lords not to insist on Motions A1 and B1 but instead to agree with the Commons amendments in lieu under Motions A, B and C, and pass this Bill; that is the clear will of the elected House of Commons. I beg to move.

Relationships and Sexuality Education (Northern Ireland) (Amendment) Regulations 2023

Baroness Ritchie of Downpatrick Excerpts

Wednesday 28th June 2023 Grand Committee

I will stop there and look forward to listening to what others have to say on this matter.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I declare an interest as a member of the Secondary Legislation Scrutiny Committee. We are joined today by the chair of our committee, the noble Lord, Lord Hunt of Wirral. I speak in a personal capacity.

I concur with our committee’s report on this legislation. I know that the rule of the committee is to consider only instruments laid before the House of Lords and to draw the House’s attention to those that meet our reporting grounds. It is then for the House to determine what further action is required.

However, with reference to this SI and its controversial nature, and the need for proper, adequate consultation—as already indicated by the noble Lord, Lord Morrow—with schools, boards of governors and churches, which in many instances own the schools, I urge the Minister to bring forward the necessary legislation to push back the implementation date to allow that consultation to take place. I ask the Minister to consider that. It would allow time for a public consultation and ensure that the policy can be fully developed.

In fact, at the weekend, I spoke to one of the principals of a Catholic grammar school in Downpatrick. He was concerned about the outworkings of the action. He is fully cognisant that we now live in a more liberal world and he feels that the content probably can be delivered sensitively, but it would be preferable if there was consultation that allowed for informed choices to be made.

I contend that the manner and content of this legislation suggests a level of arrogance on the part of the NIO and a total disregard for schools, parents and their management structures, many of which are in the faith-based sector. I feel that they have been treated with total ignominy.

The Secondary Legislation Scrutiny Committee received representations from a broad range of bodies, including all the churches in Northern Ireland, the Catholic Schools’ Trustee Service—I declare an interest as I was taught in the Catholic sector—the Controlled Schools’ Support Council, Right to Life UK, the Christian Institute, the Presbyterian Church and the Transferor Representatives’ Council. They all raised several concerns, which have been reflected in the SLSC submission to your Lordships’ House. The lack of public consultation prior to the regulations coming into effect has caused immense concern. The NIO told the committee in its responses that there was “no legal requirement” to conduct a consultation—why is that the case?—but that it had

“engaged with a range of stakeholders and statutory organisations”.

Can the Minister say which stakeholders and statutory organisations? What responses did the NIO receive? Were these responses published? What did the responses state? Was there any engagement with those groups directly involved with young people—teachers, parents, boards of governors, the controlling bodies and the churches?

The SLSC, as the noble Lord, Lord Morrow, referred to, concludes that, given the controversial nature of this policy and strong views expressed in submissions to the committee, a full public consultation “would have been appropriate”. The report also points out that other comparable policy changes, including when similar regulations were introduced for England, were subject to a public consultation before implementation. Why was there no public consultation for Northern Ireland? Why was there no recognition of the need to work with all involved in delivering education, particularly those in faith-based environments—and particularly in Northern Ireland, where the subject of abortion is highly controversial. Why was there no recognition of the need to acknowledge and respect the ethos and faith-based nature of many of our schools?

There is no doubt that full public consultation can result in improved policy-making. Sadly, we are at variance in Northern Ireland with what happened in England. If I may, I just quote what the Catholic Schools’ Trustee Service said in its submission; Bishop Donal McKeown, the chair of that service, said:

“We have a particular concern regarding the Explanatory note to the Regulations which proposes a programme of RSE that does not advocate or promote any particular opinion. This requirement runs entirely contrary to the very existence of a faith-based sector which is committed to an ethos, one which parents & carers have specifically chosen for their children”.


The submission further states:

“We would highlight the contrast between this legislative requirement and that which applies to schools in England. The House of Commons Library Report”—


Relationships and Sex Education in Schools (England) from 23 March 2023—

“notes, ‘Schools will have flexibility over how they deliver these subjects, so they can develop an integrated approach that is sensitive to the needs of the local community; and, as now, faith schools will continue to be able to teach in accordance with the tenets of their faith’. Why are these rights, passed overwhelmingly in 2019, in the House of Commons by approval of 538 MPs being denied to schools in Northern Ireland?”

Noble Lords from Northern Ireland need answers to that question. That submission also says:

“The guidance for England also makes explicitly clear that provision for RSE is set, ‘within the context of a school’s broader ethos and approach to developing pupils socially, morally, spiritually and culturally’ The requirements set out in the legislation for Northern Ireland pose a very different and, indeed, contradictory approach to that approved for schools in England”.


While the regulations were laid by the NIO, much of the detailed implementation of the policy will fall to the Department of Education in Northern Ireland. Some aspects of the policy underpinning the regulations, including procedures to allow parents to withdraw their children from sexuality education, may apparently not be developed by the policy implementation date of 1 January 2024—but maybe the Minister has a different view on that. This will be of concern to parents, and it would be useful to fully tease out and get answers on it.

I believe that parents have the right to choose what sort of sexual education their children should receive. The failure to respect the autonomy of parents in this sensitive area is alarming and contrary to any elementary concept of democratic choice. We suggest that the Government should reflect on the European convention, which states that, in the exercise of education,

“the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions”.

To coincide with the trend of inadequate explanatory memoranda that we receive from other departments—the chair of our committee will be fully aware of that—the NIO has stated in its Explanatory Notes that these regulations would have

“no, or no significant, impact on the private, voluntary or public sectors”.

I would like to know this from the Minister: how was that conclusion arrived at, and on what basis was this assessment made?

The Assembly and Executive are the rightful places to deal with such issues, and I hope that there is a restoration. A pause would therefore be suitable to allow a consultation, which would then allow a reformed Assembly and Executive to formulate a policy with legislation on sexuality education matters which is specific to Northern Ireland and takes on board the ethos and faith-based nature of many schools.

This legislation places significant new responsibilities on boards of governors and principals. I feel that it directly undermines the rights of parents and challenges the rights of trustees to promote that faith-based education. What training will be provided to schools, boards of governors and teachers? What funding will be provided during this time of difficult financial challenges for schools, which we hear about daily?

More thought and reflection are required. I ask the Minister to give that and allow a consultation to take place, as well as meetings with all those involved, to ensure that a policy is put in place that fully reflects the needs of all.

[Lord McCrea of Magherafelt and Cookstown (DUP)]

My Lords, I am sure that the Minister knows that some things will have to be repeated as he listens to this debate. Perhaps after the Members from Northern Ireland have spoken a number of times, it will indeed affect his and the department’s thinking.

In my humble opinion, which I have a right to, I confess that the statutory instrument before us today is a disgrace to any Government. Forcing all primary schools in Northern Ireland, including faith schools, to teach girls that they have a right to an abortion and telling them how to get one without their parents finding out, even if they are under age, is unbelievable in what is supposed to be a democratic society.

--- Later in debate ---

[Lord Caine (Con)]

I do not have the Hansard from June or July 2019 in front of me but the amendment was very clear in the obligations that it placed on the Secretary of State for Northern Ireland to introduce CEDAW-compliant regulations, which are now enshrined in statute.

I was about to go on to the major themes of the debate, which is why the laying of the regulations was not preceded by a public consultation—a criticism made by many noble Lords this afternoon and contained in the report of the Secondary Legislation Scrutiny Committee. A number of factors led the Northern Ireland Office to the conclusion that a public consultation was not required in this instance. First, the CEDAW recommendation—I repeat: under the executive formation Act, the Secretary of State has a duty to implement it—is clear that it requires topics such as abortion and contraception to be compulsory components of the curriculum. That is what these regulations will introduce; no amount of public consultation will change the statutory requirement to comply with CEDAW.

While we are on that, the noble Baroness, Lady Ritchie of Downpatrick, asked me about the number of stakeholders that the Northern Ireland Office had discussed. I will just read out one or two of the organisations. There was Love for Life, Common Use, Amnesty, the National Society for the Protection of Young People, the Northern Ireland Human Rights Commission, the Equality Commission for Northern Ireland, the Alliance for Choice and Parentkind.

Secondly, my department conducted an equality assessment under Section 75 of the Northern Ireland Act 1998, in consultation with the Equality Commission for Northern Ireland, and concluded that there was no need for the NIO to consult publicly as it is actually for the Department for Education to issue the guidance on how these issues are taught in schools and for monitoring and collecting any equality data.

[Baroness Ritchie of Downpatrick (Lab)]

The Minister has highlighted the various organisations that were consulted as stakeholders. Does the Northern Ireland Office not consider schools and their governing bodies across the board to be required stakeholders? If so, why were they not considered? Is that not a level of disrespect?

[Lord Caine (Con)]

If the noble Baroness will forgive me, I shall address that issue in a second or two.

Thirdly, we were also informed by the Department of Education in a briefing paper that significant stakeholder consultation haud taken place on the RSE Progression Framework that it has been developing with the Council for the Curriculum, Examinations and Assessment over a number of years. This is the document that will be updated and used as guidance issued by the department.

Although the current law and circumstances dictate that it falls to the Northern Ireland Office that CEDAW-compliant RSE is a compulsory part of the curriculum, it is rightly for the Department of Education in Northern Ireland to take that requirement forward. In that context, I can inform noble Lords that the Department of Education has now assured us that it aims to launch a public consultation on both the guidance and the opt-out scheme at the beginning of the 2023-24 academic year—that is, in September—to meet the duty to issue guidance by 1 January 2024.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Baroness Ritchie of Downpatrick Excerpts

Report stage
Monday 26th June 2023 Lords Chamber

Moved by

[Baroness Ritchie of Downpatrick]

31: Clause 13, page 11, line 13, at end insert—
“(3A) The Commissioner for Investigations must ensure that each review—(a) is carried out to criminal justice standards as modelled on Operation Kenova,(b) complies fully with obligations under the European Convention on Human Rights,(c) gathers as much information as possible in relation to the death or harmful conduct, and(d) explores all evidential opportunities.(3B) “Operation Kenova” means the independent investigation established under the overall command of former Chief Constable Jon Boutcher in 2016, known as Operation Kenova.”Member’s explanatory statement
This amendment establishes minimum standards for a “review” conducted by the ICRIR to ensure conduct is investigated to criminal justice standards, along the lines of Operation Kenova.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, we had an extensive debate on Amendment 31 last Wednesday and on behalf of my noble friend Lord Hain, I want to test the opinion of the House.

--- Later in debate ---

[Lord Dodds of Duncairn (DUP)]

My Lords, we now come to this group of amendments on memorialisation. This is a very difficult and complex area that we have to wrestle with, both in this Bill and more widely in Northern Ireland. The purpose of Amendments 114A and 114B in my name and those of my noble friends is to ensure that memorialisation activities in no way end up glorifying, eulogising or defending terrorism in any form, whatever side of the community it comes from.

Sadly, as we have said in previous debates on this Bill, it appears there has been an increase in the carrying out of commemorations and eulogies for terrorists by elected representatives including Members of Parliament, Members of the Northern Ireland Assembly, a person who would seek to be the First Minister of Northern Ireland, academics and others. They have all commemorated the activities of criminals and murderers in the IRA. It is important that in this Bill—certainly, I will seek reassurances from the Minister on this issue—that we make it clear that that type of eulogy, commemoration or glorification is not acceptable. For the victims, this is an extremely important issue.

Time and again when you meet victims of the terrorist criminal gangs who carried out so much violence in Northern Ireland, the issue they raise is the continued trauma that they have to endure as a result of such celebrations and commemorations. They feel that their trauma, hurt and pain are sidelined while those criminals who carried out this type of heinous activity are elevated.

The purpose of Amendment 114A is

“to ensure that designated persons responsible for making recommendations about the initiation and carrying out of relevant memorialisation activities are under a duty to prevent the glorification of Troubles-related offences”.

Clause 48 tells us that designated persons carrying out Troubles-related work must have due regard

“to the need to ensure that … there is support from different communities in Northern Ireland for the way in which that programme is carried out, and … a variety of views of the Troubles is taken into account in carrying out that programme”.

Those responsible for drafting the memorialisation strategy are bound by this duty under Clause 51(1).

This focus on representativeness can be problematic, given that there are, as I have outlined, sections of our community, including those in high places and political life, who not only refuse to disavow violence but actually express the view that glorifying terrorism via parades, vigils, rallies and so on is a perfectly legitimate memorialisation activity when it is patently not. The Government propose to require the Troubles work programme to promote reconciliation, anti-sectarianism and non-recurrence of political and sectarian hostility between people in Northern Ireland. However, none of these terms are defined. It should be made clear in the Bill that designated persons are not permitted to recommend activities that a reasonable person in Northern Ireland would regard as glorifying past terrorism—in fact, they should be under a duty to prevent this. Memorialisation should not open the door to revisionism and the rule of law must be respected.

Amendment 114B is intended to ensure that only innocent victims are included as victims in the memorialisation strategy. It is critical that the law in this respect is in line with the line that the Government took in relation to the payment of compensation to victims of the Troubles in the Troubles permanent disablement payment scheme and Regulation 6 of the Victims’ Payments Regulations 2020, in which it was made clear, rightly, that someone who had injured themselves as a result of their own actions by being engaged in terrorism would not be eligible under the scheme. There was a difference between those who were injured in innocent circumstances as a result of terrorism carried out by others and those who were injured by their own hand.

We believe it is important for the sake of the victims and respect for the rule of law that a memorialisation strategy does not give credence to terrorists injured or killed by their own hands. They should not be considered victims for the purposes of consultation under this section.

It is regrettable that we have to even raise these issues and put them on the record in the House. However, sadly, as time moves on, the years pass and we move further away from the crimes that were carried out in the names of paramilitaries in Northern Ireland—IRA and loyalist alike—there is a tendency among those in Sinn Féin to ensure that the history of the past is rewritten.

I have a recent example. Someone who was described as a commentator but who was actually a teacher in a secondary school came on to say, “Well, you know, if people are engaging in memorial activities for the military, such as acts of remembrance in November, it’s perfectly acceptable for republicans to remember their dead”. In other words, they were suggesting equivalence between members of the security forces and terrorists who set out with murder and mayhem in their hearts and as the purpose of their activities.

There is no, and can never be, equivalence between members of the security forces in Northern Ireland—Army, Ulster Defence Regiment, Royal Ulster Constabulary, PSNI—and those who, by contrast, came as terrorists to carry out bloodshed against the rule of law. It is important to put that firmly on the record in this debate.

I would like the Minister to consider very carefully the purpose behind these amendments and to reassure us that the memorialisation strategy will indeed reflect the rule of law and will not end up glorifying or eulogising terrorism in any form.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I have a certain sympathy with Amendment 114A in the names of the noble Lords, Lord Dodds, Lord Weir and Lord Morrow, because, like the noble Lord, Lord Dodds, I have seen so much revisionism over the last number of years. We have seen revisionism from paramilitary forces in order to justify their campaign of terror and to forget about the real victims, who were never involved in perpetrating acts of violence but were simply in the wrong place at the wrong time.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Baroness Ritchie of Downpatrick Excerpts

Report stage
Wednesday 21st June 2023 Lords Chamber

[Lord Caine (Con)]

My Lords, at Second Reading I committed to carrying out extensive engagement, which has just been recognised by the noble Lord and the noble Baroness—and I hope it is recognised more widely across the House that this is exactly what I have done. The amendments that I am bringing forward in this group seek to take on board and respond to a number of concerns raised in the House and elsewhere, as far as possible.

The Government remain committed to delivering better outcomes for those most affected by the Troubles by providing more information in a more timely manner to more people than is possible under current mechanisms. This is a hugely difficult task, and the legislation—as I have admitted both in this House and in the media—requires some finely balanced political and moral choices that are challenging for many, myself included. We must be realistic about what we can deliver. I have reflected on how we can strengthen the Bill and I am thankful for the many conversations that I have had on this, including with the Commissioner for Victims and Survivors in Northern Ireland, Ian Jeffers. While we have our differences, I am grateful for the way in which he has always conducted our meetings. It is widely recognised that the current mechanisms for addressing legacy issues provide satisfactory outcomes to very few of those affected, leaving far too many victims and families—including many of those who died while serving the state—empty-handed.

Amendments 2, 3 and 7 to Clause 2 in my name place the commission, when exercising its functions, under a duty to have regard to the general interests of persons affected by Troubles-related deaths and serious injuries. These amendments also provide that, in exercising its functions, the commission’s principal objective is to promote reconciliation. It is our view that putting more information in the public domain via an effective information recovery process, subject to the exceptions set out in Clause 4, will help to do that. These amendments seek to strengthen our commitment to victims, provide greater direction to the commissioner and respond to the debate in Committee, where your Lordships raised concerns over the extent to which the commission would take a victim-centred approach to its work.

Amendment 85 will place the commissioner under a new duty to offer victims and their families the opportunity to submit personal impact statements setting out how they have been affected by a Troubles-related death or serious injury. Amendment 86 creates a corresponding duty to publish those statements, subject to limited exceptions. This will give families a voice in the process. As the noble Baroness, Lady Smith of Basildon, put it in Committee:

“Without that, this will be one of the biggest failures of the Bill”.—[Official Report, 31/1/23; col. 646.]


That is something that we are attempting to rectify. The new duty corresponds to recommendations made by the Commissioner for Victims and Survivors, Ian Jeffers, and is complemented by a separate duty to publish the statement if the individual so wishes. I am also grateful to the noble Baroness, Lady Suttie, for raising this amendment in Committee.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I thank the Minister for his explanation of the amendments in this group about making the Bill more victim-centred. Undoubtedly, the most important people in all this are the victims. Many of them have passed on and their families—some of whom have passed on, through the passage of time—have not seen justice and truth: the very things they were looking for. I acknowledge what both the Minister and my noble friend Lord Murphy said, on the summer solstice, the longest day of the year, which is the day that victims of the Troubles in Northern Ireland are remembered.

In relation to Amendment 2, can the Minister, in his wind-up, explain the practical application of the amendment on the operation of the ICRIR. How will the amendment really promote reconciliation in the exercise of those functions, given that the Bill has been opposed by legal representatives, such as the European Council of Ministers, political representatives from the Irish Government and all the political parties in Northern Ireland, and the victims and survivors—a wide spectrum?

[Lord Weir of Ballyholme (DUP)]

My Lords, first, my colleagues and I associate ourselves with the earlier remarks noting and indeed supporting real victims of the Troubles. It is important that they are at the forefront of our mind as we debate all these amendments today.

I acknowledge that the amendments before us in this group all represent very small steps forward. They are small ameliorations and small improvements. It is difficult to quibble with their exact wording; there is nothing that we would seek to divide on in this group of amendments. However, by their very nature, they are symptomatic of the wider problems with this Bill. Whatever small improvements are made, they cannot turn the irreconcilable and the unacceptable into something that is acceptable and worthy of legislation. They omit some of the most important aspects. Indeed, part of the problem with these amendments is that they have sins of omission, rather than sins of commission. What do I mean by that? If we first take Amendment 2, we see that it introduces the concept of reconciliation, which is on the face of the Bill, directly into the work of the commission, but there is a danger of that being seen as tokenistic. At no stage does the Bill actually define what the objectives of reconciliation are. There is a danger that this has been thrown in simply so that there can be a direct reference to reconciliation, but with no meat put on the substance.

The other, more fundamental, issue regarding reconciliation is that many victims will see this legislation as being entirely unacceptable, taking away from them any prospect at all of justice and granting immunity to those who carried out some of the most heinous crimes during the Troubles. Therefore, the idea of reconciliation being at the heart of the Bill while immunity from prosecution remains is a central paradox of the Bill that is not properly addressed by Amendment 2.

On Amendment 3, the weakness is in the reference to the

“general interests of persons affected”

by the Troubles. Having a victim-centred is something that no one would disagree with but, in this wording, no distinction is drawn, for example, between a perpetrator and a victim. Someone who, for example, could have suffered injuries or death as a result of their own terrorist actions is put on the same plain as those innocent victims. I think that, again, there has been a problem of successive Governments failing to tackle this particular problem.

Finally, on Amendment 85 and 86, the involvement of victim statements is generally welcomed but, again, this belies the flaws within this process as a whole. Victim statements are commonplace within the criminal law and give an opportunity for those who have suffered directly to have their views taken into account. However, with that, the norm is that a victim impact assessment is taken into account by the courts to establish, for example, whether a tariff should be greater or less than would otherwise be imposed. The views of the victims can genuinely be taken into account. In this case, however, while it is welcome that those views will be published, it will have no impact whatever on the potential immunity. Therefore, the question for many victims will be: what is the point if whatever they say has no impact whatever?

We do not oppose these amendments and will not be dividing on them, but they fundamentally do not change the flawed nature of this Bill.

--- Later in debate ---

I hope the Minister will take on board some of the amendments we have tabled. I look forward to his response.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, we are now on one of the main debates in this Bill: the issue of amnesty and immunity. As the noble Lord, Lord Dodds, and the noble and right reverend Lord, Lord Eames, said, this issue goes to the heart of the legislation, but it also drives a dagger through victims in Northern Ireland—people who have endured immeasurable suffering because of the loss of their loved ones in unexplained circumstances, because many of them have not been told how or why that loss happened, or the nature of the wounds inflicted on them. Those who are victims suffer many wounds in later life that can never be measured in terms of compensation or monetarily but can be measured only in terms of loss of family lives and family time, because they have lost their loved ones. We all know many of those people, whose lives have been totally turned around by the actions of paramilitaries and—we cannot deny it—of state forces.

However, this issue of immunity strikes at the heart of everybody. As the noble and right reverend Lord, Lord Eames, said, there is universal opposition to this Bill and this particular part of it on immunity, and the clauses dealing with the withdrawal of access to inquiries and investigations. That is very much a denial of basic human rights in any normal democracy.

In the unavoidable absence of my noble friend Lord Hain, I will speak to Amendment 63, which is in his name and those of the noble Baroness, Lady O’Loan, the noble Lord, Lord Blair of Boughton, and my noble friend Lord Murphy of Torfaen. As the Bill stands with the Government’s amendments, there are only two circumstances in which immunity for some of the most heinous crimes imaginable can be revoked: if there is a conviction for misleading the ICRIR or for a subsequent terrorist offence. This is not good enough. Amendment 63 sets out other circumstances which would put in place at least some accountability measures as to the future conduct of perpetrators.

Are the Government seriously saying that, as far as they are concerned, someone who has confessed to a sectarian murder, for example, is perfectly free to harass that person’s family, laugh at their grief, celebrate their loss and still retain their immunity? Are they saying that they should still retain their immunity if they are a threat to the public? Where in this legislation is there any element of accountability for perpetrators? They do not even have to express remorse or regret for their actions. Presumably, they could appear before the ICRIR, describe what they have done to the best of their knowledge and belief, say, “By the way, I would do it all over again”, and still walk away with lifelong immunity in their pocket. As far as the world at large is concerned, they will not have a stain on their character, but we will never forget, nor will those who were the victims. They will carry the cross of the loss of their loved ones, in the most heinous circumstances, to their graves.

If we let this element of the legislation go through as the Government currently propose, we will be telling victims and survivors that we care more about the perpetrators than we do about them. I cannot believe that that is the message this House wants to send. The clauses regarding conditional immunity and those dealing with the eradication of inquests and investigations undoubtedly go to the very heart of this legacy debate. To impose conditional immunity and remove access to inquests and inquiries is a denial of basic civil liberties.

It is worth noting the following from the Council of Europe’s Commissioner for Human Rights, Dunja Mijatović, who spoke yesterday on immunity. She said:

“Despite this, the UK government has decided to go ahead with the Bill in a way that does not recognise Northern Ireland’s violent past or honours the suffering of victims. While the government has recently published amendments, these leave the fundamental problems with the Bill intact, such as the conditional immunity scheme that would result in impunity for serious human rights violations”.


She went on to talk about the cutting off of

“avenues to justice for victims”,

and questioned the ability of the ICRIR

“to deliver outcomes that would meet human rights standards”.

I would like the Minister to comment on the commissioner’s words and the actions the Government will take on foot of that.

It is noteworthy that victims organisations throughout Northern Ireland, such as Amnesty, the CAJ and the Human Rights Commission, have asserted in their submissions that the government amendments are not compliant with the provisions required by the ECHR—a point denied by the Secretary of State yesterday.

I am told that the Secretary of State relies on the amnesty provisions in the weapons Act as a basis for the amnesty in this Bill. When he was Secretary of State, Sir Patrick Mayhew, later Lord Mayhew—a former colleague of the Minister—said on the then Northern Ireland Arms Decommissioning Bill that that amnesty was “tightly defined”, and

“available only to those who adhere to the strict terms of a decommissioning scheme, and only for offences that they technically commit in respect of anything done in accordance with such a scheme”—

mainly offences of a possessory nature. He continued by saying that these provisions

“in no sense constitute some form of general amnesty covering other offences: the security forces will go on with undiminished resolution pursuing and bringing to justice those responsible for other crimes”.—[Official Report, Commons, 9/12/1996; col. 24.]

How does that square with this information and this clause on immunity? Maybe the Minister could comment on that in the light of the Government’s current Bill.

For all these reasons, I support the amendments in the names of my noble friends Lord Hain and Lord Murphy. If my noble friend Lord Murphy pushes Amendment 66 to a vote on Monday, I will support him in the Division.

--- Later in debate ---

[Lord Bew (CB)]

My Lords, I apologise for being, as they say in Northern Ireland, a little bit previous. I want to address the fairness of the functioning of the commission. My concerns on this matter, like many people in Northern Ireland and on this island, have been greatly allayed by the appointment of Sir Declan Morgan as the chair of the commission. None the less, fairness has to be at the heart of the future working of the commission. This applies both to people who might work for the state forces who come before it, and those who do not.

It has been established in recent years that good practice in such inquiries is what might be called pre-Maxwellisation. I recall the Green report to the Commons Treasury Committee of 2016, which laid out ground rules for handling people who come before a commission in guaranteeing fairness. I know that to some, these will be seen as exaggerated concerns, but we have talked a lot about the international requirements and obligations that the United Kingdom has under Article 2. There is also an international requirement in, I think, Article 6 to protect reputation and to be fair to the reputation of individuals.

I wish to return to the theme—the Minister has listened already with some responsiveness to it—of the importance of guaranteeing as much as we can that when the commission is set up, it works as fairly as possible in respect of the rights of the individuals who may be coming before it.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, with permission, and in the unavoidable absence of my noble friend Lord Hain, I will speak to Amendment 31, upon which a vote will take place on Monday. The amendment is in his name and those of the noble Baroness, Lady O’Loan, the noble Lord, Lord Blair, and my noble friend Lord Murphy of Torfaen. This amendment seeks to turn a terrible Bill into one that could at least act in the interests of victims, rather than the perpetrators of horrendous crimes of violence, by inserting as a method of bringing some form of justice a model based upon Operation Kenova, led by former Chief Constable Jon Boutcher. This model was referred to by the noble Baroness, Lady O’Loan.

Operation Kenova has the interests of victims, survivors and their families at its core, in stark contrast to the current legislation, in which victims and survivors are barely mentioned and to which they are universally opposed, along with each and every political party in Northern Ireland, as well as the Irish Government. In Operation Kenova, there is a proven model of the way to deal effectively with the legacy of Northern Ireland’s violent past.

After his remarks on this amendment in Committee, my noble friend Lord Hain wrote a detailed letter of rebuttal to the Minister. Sadly, the Minister’s reply completely failed to rebut any of my noble friend’s arguments. While acknowledging the excellent work of Operation Kenova, the Minister, the noble Lord, Lord Caine, made a number of assertions that simply do not stack up. The first was that, in some cases, a full Kenova-type investigation would not be appropriate if a family simply wanted information that could be readily found. The second was that an Operation Kenova model could not be upscaled and it would take too long to deal with the legacy case load. The third was that it would not be value for money. Each of these contentions does not stand up to scrutiny.

On the first, this circumstance has arisen with Operation Kenova, and it has been dealt with in a sensible and pragmatic way by the Kenova team, as the family requested. It is simply not an issue. Indeed, Kenova has been praised by victims’ groups precisely because of its effective truth recovery, providing information never before revealed on what actually happened to loved ones. In fact, Jon Boutcher visited a gentleman who lived quite close to me and whose son was brutally murdered. He did so before the gentleman, sadly, passed away, to explain the circumstances in which his son was murdered. That person was deeply grateful for that information and then, sadly, died some days later.

On the other contentions, I urge the Minister to take note of the independent National Police Chiefs’ Council’s review of Operation Kenova. The reviewers are recognised nationally as experts in investigations, especially homicide investigations—they deal in analysis, not assertion. On upscaling to deal with outstanding legacy cases, they said that

“the Terms of Reference … included the question as to whether Kenova might offer a ‘scalable’ model upon which to build any future Legacy Investigative capability for Northern Ireland. Having exhaustively reviewed its strategy, governance, partnerships and all facets of its operations, the review team firmly believes that Kenova would form the best possible foundation for this purpose”.

In his evidence to the Northern Ireland Affairs Committee on 2 September 2020, Jon Boutcher, who leads Kenova, said that legacy cases could be addressed within “five to 10 years” because Operation Kenova has developed processes that can now carry out comprehensive investigations expeditiously, not least because it now has unfettered access to security and police files that have hitherto been hidden. This is the considered view of a hugely experienced and highly regarded senior investigator.

--- Later in debate ---

In response to concerns raised by the Lord Advocate, which I had the pleasure of discussing last week with the Solicitor-General for Scotland, Amendment 87 in my name ensures that in circumstances where, following a review, the commissioner for investigations considers that there is evidence that an offence has been committed under Scots law—and immunity from prosecution for that offence has not been granted—the Lord Advocate has the power to direct a referral allowing her to consider the case for prosecution. The commissioner for investigations must comply with such a direction unless the suspect has been granted immunity from prosecution for the offence concerned. This demonstrates the Government’s commitment to respecting the particular constitutional arrangements in Scotland regarding the role of the Lord Advocate and ensuring that the Bill operates as intended in all three of the UK’s criminal justice jurisdictions. I beg to move.

[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.

Justice and Security (Northern Ireland) Act 2007 (Extension of Duration of Non-jury Trial Provisions) Order 2023

Baroness Ritchie of Downpatrick Excerpts

Monday 5th June 2023 Grand Committee

[The Parliamentary Under-Secretary of State, Northern Ireland Office (Lord Caine) (Con)]

My Lords, under this draft order, which was laid before this House on 24 April, trials without a jury can take place in Northern Ireland where the statutory conditions are met for a further two years, until 31 July 2025. The current provisions will expire on 31 July this year. Following a public consultation, and after consideration of the wider security situation in Northern Ireland, my right honourable friend the Secretary of State considers it necessary to seek an extension to these provisions to ensure the continued safe administration of justice in specific cases.

I am keenly aware that this is the eighth extension of these powers since they came into operation in 2007. I hope that noble Lords will be assured of the continued necessity of these provisions for a further two years. This decision was made carefully and informed by a detailed public consultation process, as well as by the work of the non-jury trial working group. This group was established following recommendations by the former Independent Reviewer of the Justice and Security Act, Mr David Seymour CB, and is composed of representatives from the Public Prosecution Service for Northern Ireland, the Police Service of Northern Ireland, the Court Service, the Bar, the Law Society and other independent organisations.

The group has worked to produce detailed reports for the independent reviewer and to develop a set of indicators to assist the Secretary of State in determining whether these non-jury trial provisions remain necessary. The indicators include assessments of the current levels of paramilitary activity and intimidation in Northern Ireland. In conjunction with the consultation responses, the Secretary of State considered these and reached the determination that they further demonstrate that it would not be appropriate to remove the non-jury trial provisions at this time.

I am of course keenly aware of the disappointment that many noble Lords across the House will feel that the security situation today necessitates a further extension of these provisions. We should not, however, lose sight of the real progress that has been made since the dark days of the so-called Troubles. Today, there is a strong presumption of jury trial in Northern Ireland, and in 2021 only 0.6% of all Crown Court cases were conducted without a jury; that is, eight out of 1,358. By contrast, at the peak of the Diplock court system in the mid-1980s, there were more than 300 such cases per year.

Under the provisions of the 2007 Act, non-jury trials are reserved for use only in exceptional cases where the Director of Public Prosecutions for Northern Ireland deems it to be necessary. As correctly stated on 23 May in the other place by the spokesperson for the Official Opposition:

“The provision for non-jury trials is a little-used but vital tool in ensuring the administration of justice”.—[Official Report, Commons, Delegated Legislation Committee, 23/5/23; col. 6.]


I agree with that statement.

As I know noble Lords will appreciate, these proportionate measures remain necessary to safeguard against risks such as juror intimidation and juror bias in an extremely small number of cases. A non-jury trial may be permitted if the defendant is associated with a proscribed organisation or if the offence being tried is in connection with religious or political hostility. Such cases are high profile and continue to provoke strong public opinion on both sides of the community.

Like their predecessors, this Government remain committed to bringing an end to these provisions when it is safe and compatible with the interests of justice to do so. We firmly believe, however, that now is not the time to take this step.

As demonstrated by the recent increase in the threat level to “severe” and the abhorrent attack on DCI John Caldwell in February, a small number of people in Northern Ireland continue to try to destabilise the political situation through acts of terrorist violence. Their activity causes harm to individuals and communities across Northern Ireland.

Despite courageous work by the Police Service of Northern Ireland and others across the community in Northern Ireland, terrorist and paramilitary groups continue to exert influence and control in communities where they operate. In the year 2021-22 there were 163 recorded offences of intimidation or threats to harm witnesses, and 170 households were accepted as homeless due to intimidation in 2022. These are facts that we cannot ignore.

It would be counterintuitive to believe that the same issues faced by witnesses would not be replicated should they be asked to sit as a juror in these cases. Furthermore, the most recent results from the Northern Ireland Life and Times survey in 2022 found that 17% of respondents believed that paramilitary groups create fear and intimidation in their area.

I trust noble Lords will agree that the safety of the people in Northern Ireland and the administration of justice are paramount. The Government remain committed to working strategically with security partners to tackle the threat from Northern Ireland-related terrorism and to support the Northern Ireland Executive’s programme to tackle paramilitary activity. However, we are not prepared to put the safety of individuals or the administration of justice at risk and believe that there has not been sufficient change in the security situation over the last two years to demonstrate that the non-jury trial provisions are no longer required.

In conclusion, I am sure that I can count on the support of noble Lords across the Committee for the Government’s work to safeguard the administration of justice and to normalise all security arrangements as soon as it is safe to do so. On that basis, I beg to move.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I thank the Minister for his presentation of the SI. I declare an interest as a member of your Lordships’ Secondary Legislation Scrutiny Committee.

Some 29 years after the ceasefires and 25 years since the Good Friday agreement, it is worrying that there is still a need for an extension of such a power. Although I am not personally opposed to this legislation, I feel that non-jury trials should be an exception rather than the rule. I think the Minister characterised it in that light in his presentation, but I want to know how many such trials took place last year. We have the figure for 2021 in the Explanatory Memorandum but not for 2022.

The Minister gave us the indicators. We probably could have guesstimated those anyway.

We know that the threat level was increased on 28 March this year to “severe”, due to the increased level of dissident republican activity. As the Minister referred to, we had the threatened murder of DCI Caldwell. I am glad to see that he is making a recovery, having been released from hospital and having had some time at home. In fact, he was able to attend the garden party last week at Hillsborough, which showed an improvement in his physical health. I hope he makes enormous strides in that respect.

Only a few days ago, we witnessed on our TV screens and social media an alleged taxi driver taking a gun to a client. He was sacked from his job, although I understand he was not necessarily acting for that firm at the time. Notwithstanding that, he was apparently acting as a drug enforcer for one of the paramilitary organisations in Northern Ireland.

Some 29 years since the ceasefires, the public in Northern Ireland want an end to such paramilitary and criminal activity; they have had enough of it. They do not want to be brought to heel by such paramilitary organisations and criminal gangs; they want to see an end to it. If this debate does anything, it will tell those people, “Get off the backs of the people of Northern Ireland”. We are sick, sore and tired of it, and we want to live in peace and harmony. We want to see the restoration of our political institutions, which, I hope, will be able to help foster economic opportunity for us all.

Related to this is the legacy Bill, which the Minister is also involved in. I know that on the Bill’s last day in Committee he referred to game-changing government amendments. When will they be published? I hope that he is not as surprised as the expression on his face suggests. I want to know when they will be available and what they will cover. Will they enable access to inquests and inquiries? Will they be compatible with the ECHR?

In conclusion, although I do not have a strong aversion to this SI and I generally support it, I hope that it will be the exception to the rule. There could very well be a further extension, depending on terrorist and paramilitary activity in 2025, but I hope that we are looking to bright, fresher new days where terrorism will definitely be a thing of the past and we will not need this type of legislation.

[Lord Browne of Belmont (DUP)]

My Lords, I support these non-jury provisions. I am sure that we all want a jury-based justice system. The diversity of a jury is one of its strengths and it has been proved that juries are fair, effective and efficient. However, as we have heard, unfortunately there exists a severe threat from terrorism in Northern Ireland. It is to be regretted that there is still present in Northern Ireland society a small number of people who are actively involved in terrorism. They do not hesitate to intimidate jury members, witnesses and families involved in their cases. Therefore, the extension of the duration of non-jury trial provision is needed.

Of course, as we have heard, it is hoped that the suspension of jury trials will be a temporary measure and that the time will come when non-jury trials will not be necessary, but this can be achieved only when it is safe to do so. As we have heard, it is important to note that the vast majority of Crown Court cases in Northern Ireland are held with a jury. During 2021, only eight non-jury trials took place, which means that 0.6% of all Crown Court cases in Northern Ireland were conducted without a jury.

There are many safeguards in this before we can have a non-jury system. For example, the Director of Public Prosecutions for Northern Ireland can only consider issuing a certificate for a non-jury trial. The judge also must give reasonable reasons for convictions. Indeed, from the defendant’s point of view, any person convicted before a non-jury court has a right of appeal against sentence or conviction without leave. There are built-in safeguards before these trials can take place.

Northern Ireland (Interim Arrangements) Bill

Baroness Ritchie of Downpatrick Excerpts

3rd reading & Committee stage
Tuesday 23rd May 2023 Lords Chamber

In this context, there is now an argument for the need to intervene to provide the requisite needs adjustment, backdating it to the beginning of 2022-23 when our level of spend fell below need. The cost of that needs adjustment over the three years of the spending review is, according to the Fiscal Council, a little over £1.2 billion. Put another way, Northern Ireland is currently being asked to function at £1.2 billion below need. This cannot continue a moment longer. I beg to move.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, first, I apologise to your Lordships’ House for not being present last Thursday at Second Reading of this Bill; I was otherwise engaged in Northern Ireland at the local government elections.

The Bill deals with interim funding arrangements for Northern Ireland during the absence of an Executive and Assembly. In many ways it continues indirect rule and, I suppose, it gives civil servants limited powers. Before we move to the amendment itself, I want to ask the Minister whether the Bill itself might not be a recipe for judicial review and legal quagmires, centred on the issue of political power versus the extent of the authority of civil servants. Where does that power and control begin for civil servants and where does it end? In what circumstances can they act, and has Clause 2 of the Bill been tested for legal resilience in this respect?

Notwithstanding that, I have sympathy with the amendment brought forward by the noble Lords, Lord Morrow and Lord Dodds, because I believe that the Barnett formula should be based on the principle of need. We have already seen what has happened in Wales. The recent work of Holtham and the Northern Ireland Fiscal Council highlighted that, in Wales, funding is £124 per head of population while in Northern Ireland it is £121.

We know about the funding crisis in the Department of Health and in education and infrastructure; and only today, we learned about the shortage of special educational needs places. Earlier today, I met the chief executive of Women’s Aid in Northern Ireland and her chief operating officer. They are facing a funding crisis. At the end of the day, they need financial assistance to help women who have been impacted by abuse—abuse that has been persistent and prevalent for many years.

I do not disagree with the amendment and I have sympathy with it, but I honestly feel that the best place for this debate, and for action, is in a restored Northern Ireland Executive and Assembly where local MLAs and Ministers who are best placed to identify the needs of the local population in Northern Ireland can specify and outline those needs. They could then prepare a report and seek a delegation meeting with the Secretary of State for Northern Ireland, the Chancellor of the Exchequer and the Treasury ministerial team to make a case for a review of the Barnett formula and the necessity of a needs-based assessment.

If anything, we need our own local government in Northern Ireland. We need all the institutions of the Good Friday agreement to be restored as quickly as possible.

[Baroness Foster of Aghadrumsee (Non-Afl)]

My Lords, I rise to support the amendment in the name of my noble friends Lord Dodds and Lord Morrow. Reflecting on the comments of the noble Baroness, Lady Ritchie, we absolutely do need to see our Executive up and running again on a sustainable and fair basis. Of course, that was also the case in 2017, when Sinn Féin collapsed the Executive for not one, not two, but three years.

During those three years, which should have been spent reforming our National Health Service after a very expensive report was brought forward in the name of Rafael Bengoa, that report sat on the shelf, because the then Health Minister Michelle O’Neill, along with her colleagues, decided to come out of government. As a result of that, we have seen the sustainability issues in Northern Ireland get worse over time. I say that as, along with my noble friend Lord Dodds, a former Finance Minister in Northern Ireland.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Baroness Ritchie of Downpatrick Excerpts

Committee stage
Thursday 11th May 2023 Lords Chamber

[Baroness Suttie (LD)]

My Lords, I apologise to the Minister and the Committee that, due to an earlier engagement, I will unfortunately have to leave before the end of this group. If noble Lords will indulge me, I will speak briefly now. I agree with an awful lot of what the noble Lord, Lord Dodds, has said about the general approach to the Bill. This is the fourth day and we continue to have tremendous dissatisfaction with it, notwithstanding the generally positive approach of the Minister, who has been exemplary in his ability to listen to us and respond at every stage.

I thank the noble Lords, Lord Faulks and Lord Butler, and others for their explanation of newly tabled Amendment 154A, but it is potentially quite a detailed change. We should discuss it in much more detail, perhaps on Report. It could have significant consequences, so I hope we can look at it in more detail before then. I look forward to at least reading the Minister’s response in Hansard.

These Benches strongly agree with the powerful and detailed speeches from the noble Baroness, Lady O’Loan, and the noble Lord, Lord Browne. These primarily probing amendments correctly ask the Government to explain their position on the continuation of investigations. The amendments from the noble Baroness seeking to remove Clauses 39 and 40 raise some extremely important points. I look forward to reading the Minister’s response to many of the issues she raised, because they are still unresolved and we have not yet had satisfactory answers to them. As a general point, can he reassure the many victims and their families that their hopes of justice will not be undermined by those two clauses as drafted? Can he clarify the situation for those who had been given additional hope through an investigation, inquiry or inquest having started, and give us more details on the process and timescale proposed in this Bill?

The Minister knows that we are all very grateful for his active engagement on this Bill. He has shown repeatedly that he is prepared to listen and respond. However, I suggest that discussions with noble Lords such as the noble Baroness, Lady O’Loan, who has so much experience to share, about some of the realities and consequences of Clauses 39 and 40 would be very welcome—indeed, necessary—between now and Report.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I support the amendments in the names of my noble friend Lord Browne and the noble Baroness, Lady O’Loan, to which I was a signatory along with my noble friend Lord Murphy on the Front Bench, because we are firmly opposed to the removal of access to inquests for victims. The standard bearer in all this should be adherence to the rights, needs and requirements of the many victims and survivors, as the noble Lord, Lord Dodds, is clearly also saying in his amendment. Victims and survivors should have primacy.

In all the debates on this Bill, noble Lords from Northern Ireland and across the House, political parties in Northern Ireland, the Commission for Victims and Survivors and all those organisations that represent the needs of victims and survivors have clearly enunciated their opposition to it as drafted because it does not provide for the needs of victims and survivors.

Like the noble Lord, Lord Dodds, and the noble Baroness, Lady O’Loan, I heard the Secretary of State refer yesterday to “game-changing amendments”, to which reference has been made today on the BBC Northern Ireland website. Can the Minister tell us what those game-changing amendments are that will be brought forward on Report? The only amendments should be those that reject this Bill; like all the other Bills that have been withdrawn or substantially changed, it should be withdrawn.

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[Lord Caine (Con)]

As I just made clear in my remarks, the appointment is as chief commissioner-designate, and the formal appointment will not take place until after Royal Assent. That will take into account any further considerations that the House will have upon this legislation. It is important to enable the work of the commissioner to start now in order that, once Royal Assent is—I hope—received, the commission’s work can begin without delay.

[Baroness Ritchie of Downpatrick (Lab)]

Further to the question from the noble Baroness, Lady O’Loan, could the Minister indicate in more detail the functions that Sir Declan Morgan will undertake in this interim period before Royal Assent is given?

[Lord Caine (Con)]

As I just said, the Secretary of State is laying a Written Ministerial Statement today which should be available very shortly, and I refer the noble Baroness to it for further detail on that.

Windsor Framework (Democratic Scrutiny) Regulations 2023

Baroness Ritchie of Downpatrick Excerpts

Wednesday 29th March 2023 Lords Chamber

[Lord Robathan (Con)]

My Lords, there is a much-overused and rather ghastly cliché: “we are where we are”. As a unionist who absolutely supports Ireland in the union and as somebody who voted to leave the European Union, it frankly sticks in my craw that the EU maintains some rule over the United Kingdom. This is not what people voted to leave the European Union for and, frankly, it shows dogmatic behaviour by the European Union which I think is unfortunate; indeed, unfriendly. However, we are where we are.

I congratulate my right honourable friend the Prime Minister on his great skill in negotiation; he has done an extremely good job. The Windsor Framework is not perfect—goodness, it most certainly is not, and we have heard from all sides of the House what is wrong with it—but I really believe that it is a good step in the right direction. It is helping our relations with the European Union, which have been somewhat fraught, shall we say, and it is calming people down. As the noble Lord, Lord Hain, has just said, it appears that the majority of people in the Province wish it to succeed. I for one will therefore certainly back this statutory instrument.

Before I sit down, may I just nail one canard? The idea that there will be a physical border on the island of Ireland is for the birds. For those who know Northern Ireland, there are some 320 crossing points—I may have got that wrong; if so, somebody will correct me —and my colleagues in the British Army, when I was serving there, spent a great deal of time trying to stop the crossing points, without any success whatever. It is the same now: there is smuggling across the border as we speak. Before either the Republic or we joined the EU, there was no border. We do not want to put up a border. If there were to be one, it would have to be put up by the Irish or by the EU, and it will not happen.

This framework is of course not perfect—in fact, it is quite a lot less than that. However, it is a good step in the right direction and for that reason, I am sorry that the DUP has put forward a fatal amendment to the Motion. I understand why it has done so, but we would do better to support the framework, because it is a good way forward.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I support the Windsor Framework. I have some issues with the Stormont brake, but this discussion today has centred on the principle of democracy. I am opposed to the amendment in the name of the noble Lord, Lord Morrow, supported by his colleagues, because explicit and implicit in that amendment, and in our discussions today, is the principle of democracy. I live in Northern Ireland, I am a former public representative in Northern Ireland and I am a democratic Irish nationalist who obviously wants to see a new Ireland, but having said that, I believe that for that to happen there have to be functioning institutions under the Good Friday agreement.

The greatest lack of democracy in Northern Ireland at the moment is the lack of an Assembly, an Executive, a North/South Ministerial Council and a British-Irish Council. I implore the DUP to please get back into government and make sure that the Windsor Framework can work, because the people of Northern Ireland currently face very high waiting lists for health, a crumbling education system and budgets that have not been defined because there is no Government in place. For that to happen, there need to be an Executive and an Assembly.

Please, listen to the people, because the vast majority of people in Northern Ireland support the framework. They want to get on with business. I can say that the many people that I talk to right across the political spectrum are sorely fed up with the lack of political institutions and the fact that nobody can seem to make a decision. It is left to the Secretary of State, who is with us today, to make decisions in relation to budgets and put that type of responsibility with senior civil servants and Permanent Secretaries in government departments, who do not like that role because they could be forced into making political decisions.

I shall move on and ask the Minister, the noble Lord, Lord Caine, a few questions about the Stormont brake. I have some issues with it because I feel that there is an inbuilt minority veto that could put another type of brake on political progress and on delivering for our economy. I seek assurances today that the Stormont brake could not prevent north-south institutions and bodies working. While the Explanatory Memorandum says that there will be no impact on strand 2, and this is solely the responsibility of strand 1, there is no doubt that there could be EU directives that could have a north-south implication. Therefore, I ask the Minister to outline how it safeguards that in its operation.

Secondly, how will the principle of consent, as enshrined in the Good Friday agreement, which is the constitutional guarantee, be honoured, be accepted and be respected?

Thirdly, in relation to one aspect of the Stormont brake, the Windsor Framework Democratic Scrutiny Committee, I have read the information and the papers from Professor Katy Hayward, who, as my noble friend Lord Hain said, made a speech last week at Birkbeck College. Her paper clearly states that there is no clear role for the Democratic Scrutiny Committee with respect to the pulling of the Stormont brake. Therefore, is it involved in engagement, or is it like a normal scrutiny committee, in terms of taking evidence from stakeholders, from other politicians and from Ministers? Is that the committee’s role? I think we need to see some leeway, shall we say, in relation to that issue.

Also, there seems to be no requirement for the Assembly to be fully functioning, although it states in the paper and in the Explanatory Memorandum that it has to be. I want to see evidence that that requires a fully functioning Assembly and Executive to take place. What is the actual process under Article 13(3a) in relation to that?

I am happy to support the framework. I am definitely opposed to the amendment under discussion today, because the greatest democratic deficit for the people of Northern Ireland is the lack of political institutions. Notwithstanding my queries and concerns regarding the Stormont brake, I want to see the framework implemented, because I believe that is the key that will unlock the path to the restoration of political institutions in all the strands of the Good Friday agreement and the Northern Ireland Act. I believe that this needs to happen quickly and promptly, and I urge the DUP, which is currently sitting outside those democratic institutions, to quickly see that path to helping the restoration of much-needed institutions in the interests of the wider public in Northern Ireland, whether it is in terms of health, education, the economy or infra- structure.

Windsor Framework

Baroness Ritchie of Downpatrick Excerpts

Tuesday 7th March 2023 Lords Chamber

[Lord Caine (Con)]

I am very grateful to my noble friend for his supplementary. I do apologise that I cannot give him a definitive number at this stage. He will appreciate that I am not an expert in EU law, and I have no intention of becoming one, but my understanding is that the situation is somewhat more complex than just adding together a list. There will of course be some directives that are in part still applied, in respect, for example, of the red channel, and disapplied in respect of the green channel. But I can assure him that, for example, with annexe 1 of the EU regulations covering SPS rules to accommodate Northern Ireland—I have it here—67 EU rules are now disapplied. I will take back what he said about trying to publish a definitive list, but, as I say, the situation is slightly more complicated than just adding together one list.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords—

[Viscount Hailsham (Con)]

My Lords—

--- Later in debate ---

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, how much of the legislation attached to the Windsor Framework has been written? What is the process for its drafting. Will the Irish Government and the Northern Ireland parties be consulted? Have any of them already been consulted regarding the drafting?

[Lord Caine (Con)]

I thank the noble Baroness for her question. She will be aware that the legislation is still being drafted. My right honourable friend the Secretary of State spoke to Northern Ireland parties over the weekend, officials engaged with Northern Ireland parties yesterday and there will be more such engagement from my right honourable friend and officials later this week. That process is ongoing and we do wish to bring forward the required legislation as soon as necessary. The noble Baroness mentioned the role of the Irish Government; of course, we keep in close contact with the Irish Government, but I think it is very important that we observe the constitutional proprieties on this matter, given that these are strand 1 issues and internal to the United Kingdom Parliament.