Northern Ireland Troubles (Legacy and Reconciliation) Bill

Baroness Suttie Excerpts

2nd reading
Wednesday 23rd November 2022 Lords Chamber

[Baroness Suttie (LD)]

My Lords, I echo the sentiments of the Minister about the recent escalation of tensions and the attempted murder of two police officers in County Tyrone last Thursday. There is never any place for violence or terror in resolving the issues of the past. The current increase in tension, however, does demonstrate the fragility of the peace achieved since the signing of the Belfast/Good Friday agreement, nearly 25 years ago. It also serves to remind us that this is a process that requires constant care and attention: it is not something that can, or ever should, be taken for granted. The process of reconciliation and dealing with the legacy of the past is not something that can be achieved through legislation alone. It is vital to allow people to feel that the events of the past are recognised and acknowledged. We need to acknowledge that the time available for this to happen is becoming short.

As Ian Jeffers, the Commissioner for Victims and Survivors, put it so aptly in a letter to the Telegraph earlier this week:

“As a civilised, just society we owe it to victims, survivors and their families to support them and find a shared way that we can address the legacy of our past.”


That brings me to the Bill we are debating this afternoon. I welcome the Minister’s tone and approach in his Second Reading speech. It was a very personal speech—indeed, an emotional speech—and that is to be welcomed. The Minister knows that so many people feel uncomfortable about—indeed, strongly oppose—several of the key elements in the Bill. Some have suggested that its very title is wrong, as it achieves so little in terms of bringing about reconciliation.

In the conversations that I—and I am sure many other noble Lords—have had with victims and their families, it is the removal of the hope of seeing justice that the Bill represents that has been so devastating to so many of them. There are many points I could make about the Bill, but I shall limit myself to five key areas where I believe that substantial amendments should be made.

The first, of course, is compliance with Article 2 of the ECHR. As the Joint Committee on Human Rights states in its summary:

“Our concerns reflect a view that despite the good intent, the operation of the bill as drafted would come into conflict with the government’s legal obligations and as such, risk frustrating the intended objectives.


We have serious doubts that this Bill as drafted is compatible with Articles 2 and 3 of the European Convention on Human Rights”.


I very much share the assessment of the JCHR that the conditional immunity scheme is likely to breach the UK’s obligations under Articles 2 and 3. We urge the Government to remove Clause 18 from the Bill, or at least significantly amend it. I am sure we shall return to these issues in much greater depth in Committee but, like the noble Baroness, Lady Smith, I would be grateful if the Minister could, in his concluding remarks, say a little more about how the Government intend to amend the Bill in Committee to ensure that it is Article 2-compliant.

A second substantial area of concern is that of the clear lack of consent for this Bill, as currently drafted, by key stakeholders. The parties in Northern Ireland, the victims groups, some of the victims, human rights organisations as well as wider society in Northern Ireland have all expressed very grave concerns about the Bill. The Constitution Committee, of which I am a member, has stated that the has stated the “strength of opposition” risks undermining the Bill’s stated aims of dealing with the past and promoting reconciliation.

As the noble Baroness, Lady Smith, also said, there has also been a general lack of consultation with key stakeholders prior to the drafting of the Bill. Given the complexities of these issues, this is precisely the kind of legislation that would have benefited from some form of pre-legislative scrutiny, perhaps particularly at a time when, tragically, there remains no functioning Assembly or Executive in Northern Ireland.

I know that the Minister has had many recent meetings with victims and other groups. Again, I am grateful for his reporting on that. He is very aware of their concerns about the Bill, so would he agree that continuing with it unamended because of a Conservative Party manifesto commitment would be unhelpful at this time of heightened tensions in Northern Ireland?

A third area of concern, which has also been highlighted by the Constitution Committee, is the very substantial increase in regulating powers that the Bill grants to the Secretary of State, and the subsequent concerns that this will have regarding the genuine independence of the ICRIR.

A fourth area of concern is something that the Minister touched on, which is the use of language. Throughout the Bill, the terms “review” and “investigation” are used interchangeably. These two terms have a distinctly different impact on the legal process. It is welcome that he has indicated that he will consider bringing forward amendments in this regard but, again, I would like a little more information on that if possible in his concluding remarks.

Finally and most importantly, the fifth area of serious concern is that, although the Bill claims to be victim focused, it is clear that this is very far from the case. In particular, the closing down of civil cases and inquests, as proposed by the Bill, has caused huge concern and upset to the victims. The victims I have spoken to all say that what they want is the truth and justice, through information and acknowledgement. What they do not want is the removal of that hope.

I therefore ask the Minister, who, with all of his experience, understands the complexity of the situation so well—I believe that he is someone who listens and will stick to his word of speaking to us all and moving forward together on amendments—to take on board the strength of feeling that he will hear on behalf of the victims and their families in the debate. They have already waited so long already. Surely the 25th anniversary of the Good Friday/Belfast agreement is the time to give them back that hope.