Omagh Bombing

Debate between Baroness Smith of Basildon and Baroness Suttie

Thursday 9th February 2023 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, throughout history there are incidents of such appalling horror that where we were when we heard the news remains embedded in our memories. Many in your Lordships’ House will have sharp and very painful memories of the Omagh bombing atrocity. On 15 August 1998, just months after the people of Northern Ireland supported the Good Friday/Belfast agreement with hope and optimism for a brighter, peaceful and more democratic future, as the Minister indicated in his answers to the Private Notice Question, the close-knit community in Omagh was thrust into the spotlight in the most shocking way possible: 29 people and two unborn children were killed, 220 were injured and the shockwaves were felt throughout Northern Ireland and far beyond.

While for many of us it remains a terrible memory, for far too many others it has blighted their lives as they have struggled with the consequences: some because they lost loved ones or were physically injured, and others because they suffered from the trauma as members of the community. That includes those who worked for the emergency and health services at the time, for whom it took a huge emotional toll. I remember visiting a centre in Omagh which gave support, counselling and therapies, both to those who lived in Omagh and to those who were part of the emergency services, to help them cope. So while for some it is a memory, others are still living with it, and the consequences remain part of their lives every day. As they have said, they want answers and are seeking the truth of what happened to try to reclaim their lives, even though it will never be the same. I pay tribute to those, including Michael Gallagher, who have campaigned for so long.

The Secretary of State’s announcement of an independent statutory inquiry is welcome. In his Statement, he explained why he has agreed to take that step and how the inquiry will work. The Northern Ireland High Court judgment in October 2021 found that plausible arguments could be made that the state had failed to comply with its obligations under Article 2 of the European Convention on Human Rights

“to take reasonable steps to prevent the … bombing”.

We also welcome that the Secretary of State has put victims first in considering this issue. The judge did not define what kind of investigation it would be, but the Omagh families and community are at the very core of this decision—and that is right. We must acknowledge that, for those directly affected, this will not be a pain-free process—getting to the truth never is—and additional support for them may be required.

Whatever the outcomes, nothing can absolve the perpetrators of this atrocity, who retain the ultimate responsibility. The Real IRA knew that their bomb would kill and maim, while others across the whole of Northern Ireland had rejected violence and were working for a better, peaceful future. The bomb was a huge betrayal of Northern Ireland’s desire for peace and reconciliation.

Knowing the Minister’s understanding of these issues, I know that he will not be surprised at the issue I want to raise with him today. As I have said, we generally welcome the approach that the Government are taking, but it is impossible not to note that it is so different from that of the Northern Ireland legacy Bill. With this announcement, the Secretary of State has engaged and responded in a way that has been regularly and widely welcomed. Yet the Bill that the Minister is steering through this House does not have the support of any of the Northern Ireland political parties, does not have the support of those who continue to live with the consequences of the euphemistically named Troubles and does not have the support of this House.

I know that the Minister is able to tell us how hard he has personally engaged across Northern Ireland with those who represent victims and with the political parties. He has done that. But engaging is a two-way process and I am not aware, even with all the work that he has undertaken, that he has managed to deliver any significant support for the Bill going forward. So there is an inconsistency in the Government’s approach to these two issues.

While we welcome the Statement, we look forward to hearing more information going forward, such as who will be the chair and some of the terms of reference. Will the noble Lord and his ministerial colleagues reflect on what has happened and the welcome for this Statement, to see if we can halt that Bill and work in collaboration for a better outcome?

[Baroness Suttie (LD)]

My Lords, I too am grateful for the opportunity to discuss the Northern Ireland Secretary’s Statement from last week and I very much echo and agree with the points made by the noble Baroness, Lady Smith of Basildon.

The decision to hold the inquiry is welcome. It is the right decision, and the Secretary of State for Northern Ireland should be commended for it. He listened, and he changed his mind. He has given the families and community in Omagh the hope that they will now learn the truth. As Michael Gallagher, whose son Aiden was murdered on that day, said:

“This is not a case of deflecting the blame from those who are responsible—that was the criminal terrorists who planned, prepared and delivered this bomb into Omagh. What we’re looking at is the failings of the people that are there to protect us.”


The murder of 29 people, including two unborn children—twins—happening as it did just months after the signing of the Good Friday/Belfast agreement in 1998 was a truly appalling and barbaric act of an unprecedented scale throughout the Troubles. The devastation to the community and the impact that it has had on the victims and their families, as well as the 220 people who were injured, is almost unimaginable. It is a credit to the peace process that the terrorists did not succeed and it was not derailed.

The Secretary of State said in his Statement,

“the inquiry will allow us to meet our article 2 procedural obligations under the European convention on human rights”.

That is also to be welcomed.

Will the Minister say what he expects to be the timetable now for the announcement of the chair of the inquiry and the publication of the terms of reference? How will he undertake to keep Parliament informed? Like the noble Baroness, Lady Smith, I am slightly surprised by the different type of approach to this inquiry from that of the legacy Bill. Will the Minister say a little more about how he imagines this very different process will fit in with the proposals in the current legacy Bill?

The families of the victims and the injured have already waited nearly 25 years. It will, at times, be a difficult and painful process, but as Michael Gallagher has said,

“If we don’t have this process, for the rest of our lives we’re going to be wondering ‘what if’.”

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Baroness Smith of Basildon and Baroness Suttie

Committee stage
Tuesday 24th January 2023 Lords Chamber

[Baroness Suttie (LD)]

My Lords, I too thank the noble Baroness, Lady O’Loan, for the amendment and for what, if I may say so, was an incredibly powerful speech today. We have heard so many powerful speeches today from all sides of the House. I noted here that we have had speeches from Northern Ireland and not Northern Ireland. We have had the noble and right reverend Lord, Lord Eames, the noble Lord, Lord Hain—a former Northern Ireland Secretary—and the noble Lord, Lord Cormack, who made an incredibly powerful speech. Then there were the noble Lords, Lord Weir and Lord Alton, who also made speeches that made a very powerful case. We even heard from the noble Lord, Lord Dannatt, and the noble Viscount, Lord Hailsham, making a slightly different case but supporting, none the less, the aims of the amendment before us this afternoon.

As I said at Second Reading, the strength of opposition risks undermining the Bill’s stated intentions of dealing with the past and promoting reconciliation—“reconciliation” is in the very title of the Bill. But the Bill is not promoting reconciliation and is opposed by so many who have spoken today. It is for this reason that on these Benches we support the amendment from the noble Baroness, Lady O’Loan. A Bill of such sensitivity and consequence cannot and should not proceed without the consent of the Northern Ireland Assembly. To quote the noble Lord, Lord Dodds, who I thought also made a very powerful speech this afternoon, we need to listen to the victims and pause this Bill before Third Reading.

[Baroness Smith of Basildon (Lab)]

My Lords, it is rare that I speak in this House and say how disappointed I am to be here. But I think there was some optimism that, when we had the Second Reading, the Government would go away and, in thinking again, perhaps have that pause for discussions that we had hoped. I pay tribute to the Minister, because he did. This has taken longer to come back to us; the Bill has had quite a long gestation period to get to this point. But it is worth noting that the reason the noble Baroness has brought her amendment before us today is that, for all the engagement the Minister has undertaken and all the discussions that have been had, there has been no movement in the opposition to this Bill. It is not a lack of engagement that is causing the problem. It is not a lack of talking to people. It is perhaps a lack of listening and changing.

The noble Baroness’s amendment before us today is a very unusual one, so I hope the noble Lord recognises that it indicates the strength of feeling across this House and outside in Northern Ireland. I think it is a rare and dubious honour to have united every Northern Ireland voice in your Lordships’ House.

The noble Baroness, Lady O’Loan, and the noble and right reverend Lord, Lord Eames, have tried to deal with some of these issues themselves in the past, and no one is pretending that it is easy or that there is an easy solution. But what is essential is that victims, survivors and indeed veterans and others—anyone who has been associated with this time—have confidence in the process. This is what we are lacking today. I suppose the point—it is not necessarily a disagreement —is that we all know the views of the Northern Ireland Assembly. If the Northern Ireland Assembly were up and running and debated this tomorrow, it would not make any difference. It would still oppose the Bill, such is the strength of feeling. I was there for just a few days, the week before last, and in every single meeting we had with every single political party, and at every meeting afterwards, this was raised as an issue and there was no support.

It is appropriate that in Committee we should be clear about our approach to the Bill. The Minister has been generous with his time and we have had numerous discussions, but our position remains the same: we do not support the Bill. Indeed, at Third Reading in the other place we voted against it. That remains our position. The leader of our party has said he will repeal the Bill, such is his opposition to it. He does not say that to wipe the issue to one side; he says it in order to find a better and different way of trying to deal with some of these issues, recognising that most people want to find a process that works and that this difficult, complex and painful for so many.

Northern Ireland (Ministers, Elections and Petitions of Concern) Bill

Debate between Baroness Smith of Basildon and Baroness Suttie

Committee stage
Monday 13th December 2021 Grand Committee

[Baroness Smith of Basildon (Lab)]

My Lords, this is another probing amendment, which I hope the Minister will look on favourably. The amendment requires Ministers to consider the re-establishment of the Civic Forum for Northern Ireland as one of the issues

“that Ministers must have regard to under the Ministerial code.”

Noble Lords will be aware that the Civic Forum was provided for by strand 1 of the Belfast/Good Friday agreement. At the time it comprised representatives of business, trade unions and the voluntary sector. I believe the voluntary sector was the largest part, with 18 members. There were members from agriculture and fisheries, arts and sports, business, the churches, community relations, culture, education, trade unions and also those who identified as victims of terrorism. It met 12 times in total between 2000 and 2002; then, of course, the institutions were suspended.

We raised this at Second Reading in looking at parts of the Good Friday agreement where, despite good intentions and agreements that were made, those agreements have not been fulfilled. That comes back to the point we were discussing earlier on New Decade, New Approach. It is difficult when agreement is reached but the implementation becomes somewhat elusive at some point, as I know noble Lords will be aware.

There is an opportunity, when people get disillusioned with politics—and Northern Ireland’s politics are perhaps more difficult than those anywhere else in the UK at times—for communities and the public to engage better with issues and debates, particularly when issues are cross-community or there are community differences, to have a full discussion and debate without any time constraints or legislation, just to look at things and talk things through. It is about engagement. When trust in politics is low—particularly, as we have seen, with Christmas parties and other issues—anything that engages people to understand and be part of the process, even slightly at arm’s length, can be an advantage.

When this was debated in the other place, my colleague Alex Davies-Jones said:

“The Good Friday agreement was about a new participative politics.”


The Minister will be aware that

“The argument the Women’s Coalition put forward for a civic forum was as an advisory second chamber”—

not unlike your Lordships’ House, but perhaps with even less authority than your Lordships’ House—

“designed to give the trade union movement and businesses, as well as the community and the women’s movement, a place in political policy making. The prize of that expertise and knowledge is a durable solution that keeps communities on board, one that I hope will be considered going forward.”—[Official Report, Commons, 26/10/21; col. 169.]

When it was debated in the other place, the Minister did not respond to this or give any answer. I am raising it today is in the hope that the Minister will have something more to say about this and any views the Government may have. I raise this as quite often in government thinking—I exclude the Minister from this entirely—Northern Ireland has been an afterthought. We saw it with Brexit; people did not fully realise the implications for Northern Ireland and it was never talked about during the whole Brexit debate, as we will probably hear about later. There is a need for leadership and proactive interest in Northern Ireland. Looking at issues such as reinstating the Civic Forum could be extremely beneficial. I really want to test where the Minister, on behalf of the Government, is on this one.

We will hear from the noble Baroness, Lady Suttie, and I do not want to pre-empt anything she will say. However, looking at her amendment, which I am sure she will speak to in a moment, there is quite an interesting debate. If you look at the current designations in the Assembly, there are 40 unionists, 39 nationalists and 11 other, and it is quite possible that in the future a different kind of balance could be returned. I want to listen to what she has to say on this, but the general question of designations, how they work and what that means for power-sharing is a worthwhile discussion for your Lordships to be having and indeed for the Minister to respond to. I look forward to hearing what the noble Baroness has to say and to the Minister’s response. I beg to move.

[Baroness Suttie (LD)]

My Lords, Amendment 7 in my name is intended, as the noble Baroness, Lady Smith, just said, as a probing amendment designed to give the Committee the opportunity to discuss the issue of designations. As I said previously, perhaps in response to the noble Lord, Lord Trimble, I talk about some of these issues with a degree of hesitancy when there is quite so much experience in the Room. However, as someone who has been following Northern Ireland politics now for several years, I none the less feel that these are issues worthy of debate. I also declare an interest as a member of the Northern Ireland Alliance Party.

As noble Lords will know, under the Assembly’s standing orders one of the very first things Members of the Assembly are required to do is to enter in the roll a designation of identity: nationalist, unionist or other—my colleagues in the Alliance Party always have to put themselves in as “other”. Designations are required for the operation of cross-community votes in the Assembly. Cross-community support is required for a number of matters in the Assembly, including the election of the Speaker, changing the standing orders, and agreeing that a reserved matter should become a transferred matter and vice versa. However, the operation of cross-community votes means that the votes of some Assembly Members count twice, whereas others count only once. Under the current calculations, the votes of nationalist and unionist MLAs count twice. If an MLA is designated as other, their vote counts only in determining either the support of the majority of Members or the support of 60% of Members voting.

Why is that important? It is not just that there is an inherent unfairness in the system as I have described it but I believe there is also a broader principle at stake; that is, more than 20 years after the signing of the 1998 agreement, why are we continuing with a system that perpetuates divisions, as the noble Baroness, Lady Smith of Basildon, said, rather than creating a system that brings people together? In speaking to my friends in Northern Ireland, many of whom are political but some of whom are not, I am increasingly struck by the desire for a united society where everyone is treated equally, and yet the Assembly continues to represent institutionalised division through the outdated designation system. Northern Ireland has moved on considerably since the Good Friday/Belfast agreement was signed. Increasingly, a growing number of people do not want to be identified by community backgrounds. Northern Ireland society is becoming more mixed and more diverse. If we want seriously to increase participation in Northern Ireland politics, particularly from those with ethnic backgrounds, and make Northern Ireland politics more diverse, we should recognise that those who are not traditional unionists or nationalists are not second-class.

I am sure that the Minister will say that once again this is beyond the scope of the Bill. None the less, the purpose of this probing amendment is to ask the question: when do we think that politics in Northern Ireland can begin to normalise and move forward?

Legacy of Northern Ireland’s Past

Debate between Baroness Smith of Basildon and Baroness Suttie

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.]

Patrick Finucane: Supreme Court Judgment

Debate between Baroness Smith of Basildon and Baroness Suttie

Wednesday 2nd December 2020 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I first take a moment to pay tribute to Brian Kerr, Lord Kerr of Tonaghmore, whose death was announced by the Lord Speaker in your Lordships’ House earlier today. I am sure that the whole House will want to pay tribute to him and, on behalf of our Benches, I thank him for his service on the Supreme Court and as the Lord Chief Justice for Northern Ireland. The whole House will offer its condolences but I also offer my personal condolences to his family and friends. His membership of the Supreme Court and judgments in the Finucane case are relevant today.

I appreciate that our way of working now means that Ministerial Statements are not repeated in your Lordships’ House. I understand why, but today in particular it would have been helpful for the House to have heard the words from the Secretary of State before we started on questions.

Few of us can even imagine the unspeakable horror of losing a loved one in a bloody and violent attack. During the euphemistically named Troubles, over 3,500 people lost their lives in Northern Ireland, many thousands more were injured and so many today continue to carry the physical and mental scars of that time. The 1989 murder of Pat Finucane is horrific. As he sat down at home for a meal with his family, he was shot 14 times by the Ulster Defence Association, the UDA. His wife Geraldine was also injured. Since then, the Finucane family have sought the full and complete truth about his murder and how it came about.

As a former Northern Ireland Victims Minister, I met many victims, cross-community, who had suffered and survived in different ways. Of all the ministerial posts and positions that I held, this was the one that had the greatest impact on me personally. I can still vividly recall the details of discussions and conversations —it is many years ago now—with individual victims and survivors. I had only to listen but they lived with the consequences each and every day. If there was one thread that ran through so many of those conversations, it was the search for the truth. Time and again, in different circumstances and from different sides of the community, I would hear that they wanted to know what had really happened. Why had their loved ones died in this way? Why had they been singled out? How could this have happened? As many in your Lordships’ House will know, the truth can be difficult and painful, but the dignity, sadness and perseverance of those families in that search for truth was humbling.

The truth can also be difficult for the Government. I welcome the repeat of David Cameron’s apology in the Minister’s Statement. It was genuinely made and it is right for it to be repeated. Mr Cameron was also correct when he said that it was not enough. For the Finucane family, the search for truth—the whole truth—continues. The Statement, however, is a bitter blow to them.

There have been several inquiries, including that by Sir Desmond de Silva, who found that there were “shocking levels” of state collusion. He concluded in his report that:

“I am left in significant doubt as to whether Patrick Finucane would have been murdered by the UDA in February 1989 had it not been for the different strands of involvement by elements of the state”.


That report was, and still is, absolutely devastating.

In a further attempt for a full public inquiry, Geraldine Finucane took the case to the Supreme Court, and the Minister’s Statement recognises that the Supreme Court in its judgment held that

“Mrs Finucane did have a legitimate expectation that there would be a public inquiry into Mr Finucane’s death”,

but Lord Kerr added that the Government had not taken decisions in bad faith or without genuine policy grounds but—and this is the part of the judgment that the Government have failed to adequately address in the Statement—the Supreme Court makes

“a declaration that there has not been an article 2 compliant inquiry into the death of Patrick Finucane”.

Article 2 of our Human Rights Act is the right to life.

The Secretary of State outlined and clearly understands the reason why the Supreme Court came to that decision. But he appears to take the view that the three steps he outlined in the Statement could—and I repeat could—mean that the Government have fulfilled their obligations under Article 2 as outlined by the Supreme Court. Just to recap, the steps were, first, the information from the review announced by the Secretary of State in 2009, the current PSNI review and the review of the police ombudsman, which, if I have understood correctly, is dealing with issues referred to it in 2016. But then, if you read the rest of the Statement, you see that the Government are not convinced that is the case, because the Secretary of State says that he told the Finucane family that he would not establish a public inquiry “at this time”.

I know these things take time, and I know how difficult they are but, given that phrase the Secretary of State used in the House of Commons, about not having an inquiry “at this time”, could the Minister say when he thinks the Government think it would be right to do so? What is preventing the Government seizing the opportunity now? I think the Minister has to understand that this issue will not go away until everyone is satisfied that the full story and the full truth has been told.

[Baroness Suttie (LD) [V]]

My Lords, I too would like to thank the Minister for repeating the Statement this evening, but share the view of the noble Baroness, Lady Smith, that it would perhaps have been better if he was able to do it in person. From these Benches, I also pay tribute to the Finucane family, and particularly to Geraldine—Patrick Finucane’s widow—who have all endured so much since his brutal murder in 1989. My heart truly goes out to them for what they must have had to endure over these past 31 years.

The Secretary of State for Northern Ireland’s announcement two days ago is as regrettable as it is concerning. As the Minister knows, and as the noble Baroness, Lady Smith, has said this evening, the UK Supreme Court has stated that none of the previous investigations into the murder of Patrick Finucane met the required human rights standards. He will equally know that the Law Society of Northern Ireland yesterday expressed its concern about the decision at this time not to establish a public inquiry into his murder.

The approach announced by the Secretary of State for Northern Ireland will not provide for witnesses and documents to be compelled, as would have been the case under a full public inquiry. Can the Minister say how he believes this decision is compatible with Article 2 of the European Convention on Human Rights and the necessary requirements for independence? This unfortunate decision is compounded by the sidelining of the Stormont House agreement that would do so much to provide a more holistic approach for all victims of the Troubles.

We are also facing continued delay to implementing the commitments to legacy, as set out in the New Decade, New Approach agreement. Can the Minister tell the House when he believes we will see an announcement on taking forward those proposals on legacy? Apologies, although welcome, are not enough. A public inquiry would do much to help both the Finucane family and the wider community get to the truth and find some closure. It is therefore some consolation that a future public inquiry has not been entirely ruled out. Patrick Finucane’s case raises serious questions about the rule of law, actions of the state and accountability. The Government’s decision raises serious public interest issues. I hope they will reflect on this and reconsider their decision.

Northern Ireland Update

Debate between Baroness Smith of Basildon and Baroness Suttie

Tuesday 20th February 2018 Lords Chamber

[Baroness Smith of Basildon (Lab)]

My Lords, I thank the Minister for repeating today’s Statement, and I say at the outset that we understand and appreciate all the effort required to seek the agreement needed to re-establish the political institutions. The UK Government, the Irish Government and all the political parties have worked hard to try to rebuild trust and deliver a deal. Although this round of talks has ended in failure, I commend all of them for their efforts. But on listening to the Statement, I have a sense of déjà vu and it is hard to understand where, despite all this effort, progress has been made.

I took the opportunity to reread a Statement made last July by the former Secretary of State for Northern Ireland, James Brokenshire; I am pleased to see that he is back in Parliament today. Both Statements, from July and from today, say that progress has been made. Both say that gaps still exist on key issues, but before we were told that they were few in number. We had more information in the last Statement back in July on where progress had been made. Both Statements say that the Government remain optimistic and that a deal is achievable.

Is the Minister to say anything more about where progress has been made this time? When the Prime Minister visited Belfast she said that there was a deal on the table. That was corroborated by the Irish Government and Sinn Féin, but it was then disputed by the DUP. To provide reassurance that progress has been made in the last 13 months, the details of where there was agreement and where gaps remain should be published. Can the Minister assure your Lordships’ House that he will encourage the Secretary of State to commit to providing that detail for the people of Northern Ireland and for Parliament? Only then can there be a real understanding of why the talks have failed so far. Such transparency may offer greater support for those who really want to see the institutions re-established.

I will give the noble Lord a personal example. At the end of last month, on 31 January, the report of the inquiry into deaths related to hyponatraemia was published, 14 years after I set it up as a direct rule Minister, following the deaths of young children. That report makes difficult reading into why those children died. It also makes a number of significant and very important recommendations for action. Some of those recommendations may have been taken forward already and others can be put in place by the relevant authorities, but others need the involvement of locally elected politicians in both the Assembly and ministerial roles, which Northern Ireland has been without for the last 13 months. I use that example because I have a personal connection to it, but it is not the only issue on which Northern Ireland needs its locally elected representatives to step up to the plate. They have a duty to those who elect them. Surely local people have a right to know what the areas of agreement are and the areas of disagreement that remain. They can then raise these issues with the decision-makers and negotiators.

Disappointingly, in the other place the Secretary of State said that this was a matter not for the Government but for the political parties. I put it to the Government that this is a matter which they should discuss with the political parties and, if they refuse to agree to publication, the reasons should be made public. Transparency is now essential.

Some in Northern Ireland are looking to the Government to make difficult decisions and have even encouraged direct rule. Direct rule is far harder to remove than it is to set up. I was told in 2002 by my noble friend Lord Reid that I was going to be a direct rule Minister for around three months. I was then in post for two and a half years and direct rule lasted for three and a half.

Many of us have been alarmed by those who have used this situation to oppose power-sharing and the Belfast agreement. That is a dangerous and reckless approach. The efforts of those from all political parties, here and in Northern Ireland, over time ended a conflict that claimed 3,500 lives. As a former Victims Minister in Northern Ireland, I met with many more who had had their lives changed for ever through injuries and loss. I trust that when a former Conservative Secretary of State for Northern Ireland makes such comments, he is not in any way at all acting with the agreement or even the acquiescence of the Government. I welcome the comments in the Statement about the Good Friday agreement. Can the Minister confirm from the Dispatch Box that the Government fully support the Good Friday agreement as the only viable long-term option for peaceful governance for Northern Ireland, and that the Government believe that its unique form of power-sharing is indispensable?

We have heard the Secretary of State say that she intends to introduce legislation here at Westminster to directly set a budget for Northern Ireland. The Minister confirmed that. They have our support in doing so, though it is deeply unsatisfactory to have unaccountable civil servants taking decisions about schools and hospitals, and the example I gave of the inquiry. However, we acknowledge that resources must be allocated for services to be delivered. Obviously full-scale direct rule for Northern Ireland would regressive.

Political problems are nothing new to Northern Ireland, but the current impasse that has left the people of Northern Ireland without a Government for almost 400 days is a profound crisis. The Government have a clear duty to resolve it, and to preserve the Good Friday agreement and the principle of power-sharing.

Many in your Lordships’ House, and many here today, have been involved in Northern Ireland and retained an affection and an interest. I am sure that we all want the Government to continue to seek resolution and we will support them on legislation where necessary. However, we will hold them to account to preserve the letter and the spirit of the Good Friday agreement.

[Baroness Suttie (LD)]

My Lords, I, too, thank the Minister for repeating the Statement. On these Benches, we add our voice to those who feel a sense of deep disappointment, and indeed some bewilderment, at this latest failure to reach a workable agreement.

Just over one week ago, when the Taoiseach and the Prime Minister went to Stormont, we were led to believe that a deal was possible. That a positive outcome has once again proved elusive inevitably leads us to ask questions about the structure, participants and transparency of the negotiation process. As Naomi Long, the leader of the Alliance Party in Northern Ireland, has said, there was a degree of inevitability that,

“without a more structured approach, we would not see a successful outcome”.

This latest failure is a missed opportunity and yet again leaves the majority of ordinary people in Northern Ireland feeling deeply frustrated and without a democratically elected voice at this critical time.

Much-needed decisions have to be taken about how to ensure effective public services for the people of Northern Ireland—decisions about long-term provision for education, health and infrastructure development—and how to build the shared society that we all want. As the noble Baroness, Lady Smith, has just said, civil servants have played an excellent and vital role in the past 13 months during this political vacuum—and we should pay tribute to their professionalism—but without an Executive in place there remain inevitable questions about democratic legitimacy.

Three weeks ago, on a visit to Northern Ireland with the EU Select Committee, I was struck by the excellent and imaginative work being carried out by so many people in the business community, as well as in local government and civil society, to strengthen the Northern Irish economy, most particularly at this time with the additional and complex challenges of Brexit. However, their deep frustration that many of their plans were on hold because of the absence of an Executive in Stormont was palpable.

On these Benches, we continue to believe firmly that power-sharing devolution is vital to local democracy and representative decision-making. It must be possible to find creative solutions to the current impasse. In that regard, can the Minister say whether thought is now being given to bringing in an external mediator to chair the negotiations? I appreciate the difficulties in identifying such a person given the sensitivities, personalities and challenges involved, but the events of last week show that such a person is now needed more than ever. In the light of last week’s failure, will Government consider making the talks all-party rather than just two-party as they are at present?

In the new circumstances, I repeat an earlier question that I put to the Minister: in the continued absence of an Executive, will the Government now give serious thought to the creative proposals put forward by the noble Lords, Lord Alderdice and Lord Trimble, among others, for allowing the Assembly to play a role in ensuring that the views of the Northern Irish people can be heard during the next few months, most especially during the Brexit negotiations?

Given what the Minister has said on inquests in the Statement, will the Government release funds for inquests into historical deaths, as was promised by David Cameron when he was Prime Minister?

It is vital that the hard-won gains of recent decades are not discarded without exploring all the options and alternatives. Northern Ireland and its political leaders have in the past overcome seemingly insurmountable problems, but this situation requires a degree of leadership and flexibility and a spirit of compromise that, sadly, seem all too absent at present. Short-term party-political gain must not be allowed to jeopardise two decades of progress.