Legacy of Northern Ireland’s Past

Baroness Smith of Basildon Excerpts

Tuesday 20th July 2021 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, it is a shame that Statements are not read out in your Lordships’ House now. I know that it saves time and it can feel a bit odd when all a Minister does is read out another Minister’s Statement word for word, but it helps to understand why certain questions are being raised in the debate that follows. If it is the intention to continue in this way, perhaps we could consider having just a precis of the main points prior to the comments and questions.

The issue before us today is a Statement on the legacy of Northern Ireland’s past—but this past is closely bound to the present and the future, which has always made the process of moving forward to a peaceful future more challenging. The euphemistically called Troubles saw over 3,500 people killed and tens of thousands injured. As a former Northern Ireland Office Minister with responsibility for victims and survivors, I met so many, including veterans, from across communities, who still carry the physical and psychological scars of that time. Beyond that, the pain of so many and the impact on local communities reached into more areas of life than I had previously anticipated. I listened and heard what they had to say, and it has to be said that, at times, those conversations about the way ahead and the future were difficult and challenging for all of us—but no progress is ever made without understanding the other side.

In Prime Minister’s Questions last week, the Prime Minister said that the plans before the House and those before us today would allow Northern Ireland to

“draw a line under the troubles”.—[Official Report, Commons, 14/7/21; col. 365.]

We cannot live in the past, but the phrase “draw a line under”, referring to something so vast as that period in Northern Ireland’s history—and that of Great Britain —implies a lack of understanding.

Alongside the Statement, the Government’s Command Paper wisely states:

“The best outcomes for Northern Ireland have been achieved when we have collectively taken bold steps.”


However, the difficult truth for the Government is that there is no collective support for these proposals. The Government have failed to undertake the meaningful and genuine engagement and discussions in order to build collective support. There is no strength or wisdom to be found in the Government unilaterally announcing a policy or process that seems to have no support beyond 10 Downing Street.

These plans have been resolutely rejected by victims and survivors in Northern Ireland and Great Britain and across the political spectrum by all five parties in Northern Ireland. Today Stormont was recalled urgently to debate the proposals. The Motion before the Assembly stated that

“victims and survivors should have a full, material and central role and input into the content and design of structures to address the legacy of the past”

and called on the Assembly to reject the Government’s proposals

“for a statute of limitations”.

I do not need to tell the Minister—I am sure he is very much aware of it—that the Motion was unanimously supported and passed without a vote. It is quite an achievement for the Government to unite every Northern Ireland political party. In addition, the Irish Government are also opposed to this approach.

As well as those in Northern Ireland, there is great concern here in Great Britain. Even today, as the families of the victims and survivors of the Birmingham bombing petitioned Downing Street, they have still not had any communication from the Government about what this means for them. What we need today from the Government is some clarity, honesty and humility—clarity and honesty that this is not the way forward that victims were promised. Only last year, the Government promised to legislate on the Stormont House agreement through the New Decade, New Approach deal. Instead of progress on Stormont House, the proposal rides roughshod over it.

Can the Minister say something about how Operation Kenova fits into the Government’s plans? I give the example of Tom Oliver, who was abducted and murdered by the IRA in 1991 at the age of 43. As part of Operation Kenova, his family reported yesterday that new DNA evidence gave them “fresh hope” for the investigation. They have illustrated this as “a prime example” of why cases should not be closed. Does the Statement mean that the Government intend to shut down all live cases regardless of their status? Have they sought legal advice to ensure that this is compliant with the duty to provide effective investigations under Article 2 of the ECHR?

I think everybody in your Lordships’ House today knows how difficult this is. But we also know it is possible to make progress when some dismiss it as impossible. That is where the humility comes in. We do not want the Government to squander an opportunity to seriously address very real, genuine concerns about the legacy of the past, through a failure of effective engagement. I put it to the Minister, with a genuine commitment to co-operation, would it not be better to pause, listen and work with others to consider all options—including other options—for moving forward?

[Baroness Suttie (LD) [V]]

My Lords, I echo the words of the noble Baroness, Lady Smith of Basildon, about not hearing the original Statement; it does make for a slightly peculiar debate, even remotely, as I am this evening. It is also regrettable that such an important issue is being discussed so late in the day.

It is now 18 months since renewed hope was given to the people of Northern Ireland through New Decade, New Approach in January last year. That was an approach agreed by the previous Conservative Government, the Irish Government and had broad support across the communities and parties of Northern Ireland. Last week’s Statement represents a dramatic and deeply unwelcome move away from the Stormont House agreement, with its approach of peace and reconciliation, towards a blanket amnesty that does not distinguish between those who broke the law and those who upheld it. As the noble Baroness, Lady Smith, has said, almost uniquely, last week’s Statement in the House of Commons by the Secretary of State for Northern Ireland succeeded in uniting all five of Northern Ireland’s parties against these proposals.

These proposals are insulting to the victims and their families, across all communities and backgrounds, who have already waited so long to see justice and to be able to have closure. It would be interesting to know whether the Government can give a single example of when such an approach has ever succeeded in promoting a move towards genuine reconciliation. It is hard not to conclude that these proposals owe more to pressures from within the Conservative Party and certain elements of the media than to a genuine desire to deal with the legacy of the past and seek lasting peace and reconciliation.

The approach now adopted by the Government has introduced equivalence between all veterans, the vast majority of whom served the community with honour and respect for the rule of law, and terrorists, who deliberately sought to cause death. Justice and equality before the law are essential elements of trust in the law, which is a vital element of a path to reconciliation and moving on from the legacy of the troubled past.

Given the strength of opposition to these proposals in Northern Ireland, can the Minister say whether it remains the Government’s intention to impose this approach over the heads of Northern Ireland political parties and victims’ groups? Does he not fear that these proposals risk being seen as having no legitimacy and no credibility? Can he clarify their impact on inquests and ongoing investigations and prosecutions? Can he say whether the Government’s proposals apply only to Troubles-related deaths or to any other crime committed by members of proscribed terrorist organisations between 1968 and 1998? If an investigation concludes that an individual’s death was caused by a member of a proscribed organisation or a member of the security services, will the option to pursue the individual responsible via a civil claim also be closed off?

As Sir Jeffrey Donaldson MP put it so powerfully in the House of Commons last week:

“I want to take the path to reconciliation, but I cannot believe that the path to reconciliation is made easier when we sacrifice justice. The victims have to be at the centre of this, and I would urge the Secretary of State, in taking forward his proposals, to listen to their voices. This must be a victim-centred process; it cannot be at their expense.”—[Official Report, Commons, 14/7/21; col. 396.]