Northern Ireland (Ministerial Appointments and Regional Rates) Bill

Jeffrey M Donaldson Excerpts

2nd reading: House of Commons
Monday 24th April 2017 Commons Chamber

[James Brokenshire]

The hon. Gentleman has made his point in his own way. All I will say is that this was an appalling incident for which there was no justification whatsoever. I think the whole House would wish to pay tribute to the PSNI and all those agencies that do such an incredible job in seeking to provide security for Northern Ireland, for the risks that they often put themselves under as a consequence of that work and for the incredible contribution that they make.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

Does the Secretary of State agree that it is not enough for political parties and individuals to say that they support the rule of law? Surely it is incumbent on us all to support the individual officers who come from right across the community to serve all of the community. We should all be giving them our wholehearted support.

[James Brokenshire]

The right hon. Gentleman makes a powerful and important point about the incredible job that the PSNI does, the contribution that it makes and what that often means for its officers. I have a huge amount of respect for their professionalism and the personal dedication that they bring. I am sure the whole House would wish to underline that message of support for the incredible job that they do.

Moving on to the Bill, I have updated the House twice on the political situation in Northern Ireland in recent weeks: in my oral statement on 28 March and in my written ministerial statement last week. On both occasions, I set out that I would seek to bring forward legislation with two aims in mind: to provide the legal basis for an Executive to form, and to set a regional rate to enable that important source of revenue to be collected. As we approach the final week of this Parliament, now is the right time to deal with both those matters, in order to provide greater certainty for the people of Northern Ireland and to provide the opportunity for the parties to come together to secure the resumption of devolved government.

The background leading up to the introduction of the Bill will be familiar to many in the House. The collapse of the previous Executive in January placed a duty on me to set a date for a further election. I did so in January, and the election itself was held on 2 March. Since then, the UK Government have been engaged in talks with the political parties and, as appropriate, the Irish Government, in accordance with the well-established three-stranded approach. The talks have had one clear purpose: to re-establish an inclusive, devolved Administration in line with the 1998 Belfast agreement and its successors. Progress was made on several fronts during that phase on the formation of an Executive, including the budget and programme for government.

There was progress on legacy, too. Constructive discussions took place with all the parties on the detail of the legacy institutions set out in the Stormont House agreement and on the need to reform legacy inquests. Although no one will underestimate the challenge of addressing the legacy of the past, the proposals are now sufficiently developed that the next step should be to publish them for consultation. That way, we can listen to the views of victims and survivors and all those who will be most affected by the proposed new institutions.

Despite the progress that was made, there remains a defined number of outstanding issues on which there is a lack of agreement between the parties, and it was clear that a period of reflection was necessary to give the impetus for the discussions to conclude positively. It was with that in mind that the talks were paused over Easter. Since then, meetings have continued between the parties. The restoration of devolved government remains achievable, and it remains the absolute priority. It will, though, require more time and more focused engagement by the parties on the critical issues that remain, building on the discussions over the past seven weeks. The Bill would provide the space, and the opportunity, for the parties to do just that. We will remove the current legal barriers so that the Assembly can meet and an Executive can be formed at any point from Royal Assent to 29 June—three weeks after the general election.

We recognise that there will be focus on the general election, which is why the Bill provides parties with the scope and space to continue discussions to resolve their outstanding issues, while providing a period of reflection for the new Government if a deal still does not prove possible. That said, it remains highly desirable for the parties to continue to work to make progress quickly for the reasons that I have set out, and this Bill does not preclude the formation of an Executive sooner if the parties wish that to happen. That is an important point. In passing this Bill, we make it clear that the responsibility now lies with the parties to come together and make progress, and as I have indicated, I strongly believe that that can still happen. We have removed the legal barrier to progress, enabling an Executive to form without the need for a further Assembly election. If the parties have the will to make progress between now and the end of June, the platform is in place for them to do just that. In the meantime, we should not lose sight of the benefits that an agreement would have for the people of Northern Ireland. I am sure that that will be the hope of those voters who gave the parties a mandate on 2 March.

I pay tribute to the Opposition for their constructive and positive engagement in the process leading up to the introduction of this Bill. I pay particular tribute to the hon. Member for Blaydon (Mr Anderson) who may be making his final appearance at the Dispatch Box as shadow Secretary of State for Northern Ireland. Despite our broader political differences, I thank him for the overall support that he and his party have given me since I became Secretary of State in July. Northern Ireland undoubtedly benefits from the broadly bipartisan approach that we take in this House and, whatever the result of the general election, I hope that that will always continue. I wish him all the very, very best for the future. I know that his presence will be missed by many across this House who will wish him well in whatever new opportunities and new challenges he takes forward.

Moving to the substance of the Bill, clause 1 would remove the present legal barrier to an Executive being able to form to implement any deal that has been reached. It would retrospectively reset the 14-day clock in the Northern Ireland Act 1998, which expired on 27 March, with a 108-day period, removing the present duty on me to set a date for an election, with it arising again at 4 pm on 29 June if an Executive have not been formed by that point. This will provide the space for an Executive to form, and makes it clear that the responsibility for progress lies with the parties—indeed that duty to form an Executive and appoint Ministers in that process. As necessary, it would provide a period for further talks in the new Parliament, allowing all sides to take stock and move forward if a deal is not already in place. It would also mean that, if a deal is not struck, there is a period for the new Government properly to consider the way forward. That is important. In the absence of a deal, significant decisions will need to be made in the new Parliament to provide political stability in Northern Ireland. However, it will be for the parties to seize the opportunity, whether in the coming weeks or soon after, to deliver the Executive that they have so clear a mandate to secure.

I have mentioned the two acute issues of financial uncertainty caused by the lack of an Executive. The first is the absence of a 2017-18 regional rate, which represents more than 5% of the total revenue available to the Northern Ireland Executive. Normally, this would have been set by the Department of Finance earlier this year, via an affirmative rates order in the Assembly. That would have enabled bills to be issued in 10 instalments, giving certainty to ratepayers and allowing various payment reliefs to be applied. However, time has nearly run out for that course. If no rate is set in the next few days, there will be fewer bills in higher instalments, and the longer it takes to set a rate, the worse that situation will become. The only outcome would be bad debt, lost revenue, uncertainty and hardship.

Although we are clear that this is a devolved matter, we are also clear that only the UK Government can take action to secure the interests of individuals, businesses and indeed the Executive. Clause 2 would address the issue by setting a 2017-18 regional rate in Northern Ireland. It does so by setting “pence per pound” rates for both domestic and non-domestic properties. These rates represent a 1.6% inflationary increase, the same approach as was taken by the Executive in setting a rate the year before. As we make clear in subsections (4) and (5), it would not cut across the continuing right of the Executive to set a rate by order in the usual way, so this would be the most limited step available to us, taken at a point beyond which we cannot delay.

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[Mr Anderson]

I am more than happy to leave it to others to pontificate—they have had much more practice of that than me. The point I am making is that there is a difference in the protections in Northern Ireland, and protection is what the nationalist community has asked for. There is not the same legislative basis as in Wales and Scotland, and that is one thing that politicians in Northern Ireland could put right tomorrow. They could have put it right in the last 10 years, and they could have put it right after the talks broke down in January, but they have so far chosen not to.

[Sir Jeffrey M. Donaldson]

The shadow Secretary of State is going through a list of Sinn Féin demands, but I just wish he would come and talk to DUP Members from time to time, because we have issues. One of those is the armed forces covenant, which is implemented in full in every part of the United Kingdom except for Northern Ireland. Will he now join us in demanding that Sinn Féin honours the obligation to fully implement the armed forces covenant in Northern Ireland?

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[Mr Anderson]

I will do that, as I fully intended to do in my speech. I think the hon. Lady will confirm that although we might have a different view on the future of Ireland, we have worked together and we recognise the great role that those people have played. As much as anything, raising legacy issues is about getting the truth out for people who might have been unjustly castigated for years for something that was not their fault. Without clarity, truth and honesty, we will never get there.

[Sir Jeffrey M. Donaldson]

Following on from the comments of the hon. Member for North Down (Lady Hermon), may I help the hon. Gentleman with an example? My cousin Samuel Donaldson was murdered by the Provisional IRA on 12 August 1970, along with his colleague Constable Roy Miller. They were the first two RUC officers to be murdered by the Provisional IRA in what has become known as the troubles, and no one has ever been brought to justice for their killings. IRA-Sinn Féin have refused to co-operate in providing the information that would enable those responsible to be brought to justice. I call on the shadow Secretary of State to join us in calling for Sinn Féin to step up to the plate and to own up, come clean and give information to families who have been waiting for decades for truth and justice.

[Mr Anderson]

I could not agree more with the right hon. Gentleman, and I believe that that is part and parcel of the demands that we in this House should make. Such co-operation is part of Sinn Féin’s responsibility as democratically elected politicians, and they should be doing that in every way they can; they must never, ever run away from it. I want to make it clear that to me, all victims are equal. Anyone who was injured or killed as a result of the troubles in Northern Ireland—whether they were a civilian, a paramilitary or one of the selfless individuals in the armed forces or the RUC who sought to protect the people of Northern Ireland—deserves the truth. I call on all parties to do all they can to make that truth known.

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[Sir Jeffrey M. Donaldson]

I commend the hon. Gentleman on all he has done as Chairman of the Northern Ireland Affairs Committee. Does he agree that at times we see double standards operating in Northern Ireland? In the constituency of Belfast South, we had a most brutal murder in a pub of a young man by members of the IRA, and as a result my party and others questioned Sinn Féin’s fitness for government and confidence in that fitness, yet the SDLP did nothing, absolutely nothing, to challenge Sinn Féin on that issue and its fitness for government. Are there not double standards operating here? Is one murder not worth more than the RHI scandal?

[Mr Robertson]

The right hon. Gentleman raises an important point, and it goes back to the point I was trying to make earlier: we either accept that we have to work with people we do not like and do not want to work with, or we do not, and if we do not accept that, there is no power sharing. It is as simple as that.

I am afraid it is a very good point that parties on both sides have had to work with people they do not want to work with. There are accusations about certain Members of the Assembly, and if they were in this place and we had to work very closely with them, maybe we would not like that either, but it has had to happen for the sake of devolution and the institutions.

The right hon. Gentleman is absolutely right to draw our attention to some of the terrible crimes that have been committed. The shadow Minister has been questioned on the issue of citing crimes from across the board; I know that he very much condemns crimes wherever they come from.

The Select Committee is concluding its report into Libyan-sponsored IRA activity, and I was rereading the proposed document this morning. I will not go into the details as the Committee has not considered it, but in that draft report are many examples of IRA violence—of the way the IRA has torn lives apart. Rereading some of those things this morning in the car as I came down to Westminster served as a reminder of what has gone on in Northern Ireland and how unacceptable it was.

I do not want to get into the issue of the prosecution of the soldiers at this point as that strays from the central part of our debate, but of course one side in the conflict always referred to it as “the war.” They did so because that excused the indiscriminate killing of men, women and children. So one side had a “war” and the other side was expected to go by the book—or the yellow card, to be precise. That is a very unfair way of looking at this whole situation and the whole legacy issue.

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[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

Thank you, Madam Deputy Speaker. I join my colleagues in welcoming the opportunity to take part in the debate. I commend the Secretary of State and his ministerial colleagues for their conduct in the negotiations. At times, they have been disrespected by at least one of the parties, Sinn Féin, which has said some quite nasty things about them, but it is not easy to chair negotiations, particularly when some participants are acting unreasonably. I therefore want to place on record our gratitude to the Government for the role that they have played in trying to bring things together. And we do want things to come together. Let me be clear about that from this party’s perspective. Considering where we have come from in Northern Ireland, it is quite a remarkable thing for the leading Unionist party in Northern Ireland to say that it has no preconditions for going into government with Sinn Féin. Turn the clock back a few years and imagine that the leading Unionist party would be saying, “We’re prepared to go into government today with Sinn Féin without preconditions.” Yet it is Sinn Féin who refuse to form a Government.

I am told that “ourselves alone” is the literal Irish translation for “Sinn Féin”—the hon. Member for Foyle (Mark Durkan) is probably better qualified than me on that—and I am afraid that Sinn Féin are living up to their name on this issue because, as far as I can see, all the other parties in the Northern Ireland Assembly are prepared to see a Government formed, except Sinn Féin. The Government must be and need to be aware of that.

As a supporter of the peace process, I am now left with a very serious doubt in my mind about whether Sinn Féin really want to be in government at all. I am also left with a serious doubt in my mind about the workability of the mandatory coalition model as a basis for government when it gives Sinn Féin a veto over the formation of a Government, as it does. In truth, that is where we are. The government of Northern Ireland is being vetoed. The formation of a Government is being vetoed by one party that is refusing to go into government. Because of the nature of the architecture and the framework for government in Northern Ireland, it has that veto, can exercise it and is doing so at present.

[Lady Hermon]

If my memory serves me correctly, the written statement published by the Secretary of State for Northern Ireland last week indicated that there had actually been some progress among the parties in the talks, and that those talks had not been a complete waste of time. It would be very helpful for the people of Northern Ireland—and, indeed, this House—to understand where progress among the parties has been made, and to narrow down the stumbling blocks that are being cast up by Sinn Féin.

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[Sir Jeffrey M. Donaldson]

In truth, although some progress has been made in homing in on the issues, it would be wrong to say that we have reached agreement on any of them. What are those issues? Well, they include the legacy of our troubled past, and the quest for justice and truth by the innocent victims. We have come a long way in developing proposals, which I understand the Secretary of State is willing to publish for consultation in the coming weeks. We very much welcome that. A failure to form a Government in Northern Ireland should not prevent the Government in this place from proceeding with legislation to establish new legacy bodies.

I say to the Secretary of State that, although Sinn Féin may have a veto over the formation of a Government, it would be the ultimate irony if we allowed the party representing the organisation that murdered more people in the troubles than anyone else to veto the legacy bodies and institutions that are to be established to investigate those murders. It is just absurd that we would even consider handing Sinn Féin a veto over the investigation of murders that were committed by the Provisional IRA. We need that historical investigations unit up and running to investigate those murders in order to level the playing field. As the Secretary of State knows, because I have said this to him and Minister many times, there is not currently a level playing field. At the moment, we have legacy inquests, the Kenova inquiry, the examination of the events known as Bloody Sunday, and a completely disproportionate focus on what the Army and police did in Northern Ireland.

I echo the comments made earlier that the killings committed by the Army and the police were for the most part lawful, and were about protecting life and the community. Of course, when someone has done something wrong in the past, the law has investigated, but it is entirely wrong that we have a legacy investigation branch of the PSNI that is devoting so much of its resource towards investigating the police and the Army, and little towards investigating the 90% of murders committed by the paramilitary terrorist organisations in Northern Ireland. That is not a sustainable position. After the election, I trust that the next Government will take forward this legislation and establish those legacy bodies.

I also say to the hon. Member for North Down (Lady Hermon) that another issue on which we are waiting to get agreement is the armed forces covenant, which I referred to earlier in an intervention. Sinn Féin talk big on respect and equality, and this is an issue about respect and equality. It is about ensuring that the men and women who have served our country in the armed forces are not disadvantaged by virtue of their service. That is the very basis of the armed forces covenant. It is also about the wider community across the nation showing respect for the men and women who serve. Equality and respect is what we are talking about in relation to the armed forces covenant. We need Sinn Féin to step up to the mark, and all the political parties in Northern Ireland to agree to the full implementation of the armed forces covenant in Northern Ireland as part of the United Kingdom.

[Sammy Wilson]

Does my right hon. Friend accept that the number of people affected by that is far more significant than the number in some other minority groups that Sinn Féin are demanding equality and respect for?

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[Sir Jeffrey M. Donaldson]

I intervened on the shadow Secretary of State to make that very point. While he was busy listing all the groups that he says he has met, who are demanding rights and equality, the one group he missed out were the 150,000 men and women in Northern Ireland who have served in our armed forces. That number is far greater, by far, than the number of people who speak the Irish language or any other minority group that the shadow Secretary of State bothered to mention. Add to that the fact that the armed forces covenant also covers the families of those 150,000 people, and the figure comes to half a million people. That is not my figure; it comes from Northern Ireland Office statistics.

Half a million people out of a population of 1.8 million would benefit from the armed forces covenant in Northern Ireland. It would be nice to hear the shadow Secretary of State and his colleagues say, for once, “Yes, this is something that we would want included.” I sincerely hope that the outcome of the negotiations will be that all parties, if they are genuine about respect and equality, sign up to the full implementation of the armed forces covenant in Northern Ireland.

[Ian Paisley]

Does my right hon. Friend agree that Sinn Féin are so committed to the Irish language that Carál Ní Chuilín, the party’s previous Minister in the Department of Culture, Arts and Leisure in Northern Ireland, cut Foras na Gaeilge’s budget by £700,000 for the past three financial years? Sinn Féin claim that we do not show respect to the Irish language, but they could not even find enough areas to spend the money on.

[Sir Jeffrey M. Donaldson]

My hon. Friend’s contribution stands on its own feet. I endorse what he said.

[Danny Kinahan]

Will the right hon. Gentleman give us his feelings about the discussions on the military covenant? I joined him on various occasions, and the party that we have all been talking about today that does not take part at least turned up once, but all they wanted was equality. To try to equalise their terrorists with our soldiers is an absolute disgrace.

[Sir Jeffrey M. Donaldson]

I thank the hon. Gentleman for his intervention. On this issue, our two parties are at one, and we spoke with one voice in the working groups dealing with the armed forces covenant, because we believe passionately that this issue must be addressed in the context of Stormont’s responsibilities towards a large group in our community—and I mean our community in its totality, because the armed forces draw from all sections of the community in Northern Ireland, and always have done, and that is something we are grateful for.

I want to echo the comments made by my hon. Friend the Member for East Antrim (Sammy Wilson) about Brexit. I find it quite remarkable that some of the parties talk about the need for a special status for Northern Ireland when it comes to Brexit. Yet, Sinn Féin refuses to form a Government, which is the one vehicle that can help to develop a consensus around how we deal with Brexit. Let me say to the Secretary of State that if we arrive at a situation where there is direct rule and we have no Government functioning in Northern Ireland, it will be unacceptable for this Government to pander to those voices demanding special status in the absence of a political consensus around this issue in Northern Ireland. It is not good enough to hand Sinn Féin a veto over forming a Government and then to say that parties would be excluded from the decision-making process around Brexit.

The Social Democratic and Labour party, the Alliance party, the Green party and Sinn Féin can gang up on the DUP all they want on this issue, but if we return to direct rule and there is no Government in Northern Ireland, we are not going to stand by and allow some kind of special status to be created against the interests and wishes of the Unionist community. There has to be a cross-community consensus on this issue—nothing else will work in the absence of devolution. If Sinn Féin, the SDLP, the Green party and the Alliance party want special status for Northern Ireland, there is only one way that that will be delivered, and that is by having a devolved Government, so that we can build a consensus on this issue. In the absence of a devolved Government, Sinn Féin can forget it; they can protest, dress up as funny little customs men and go around the border pretending that we are going to have a hard border, but that will not wash with Brussels. The only way to deliver for Northern Ireland is either for us to have our own Government or for my colleagues and me to be the voice for Northern Ireland in this Chamber, and I fully expect a strong DUP team to be returned after the general election to speak for Northern Ireland in this House.

I say again to the Secretary of State and his colleagues that part of this is about the budget. When the Secretary of State or the Minister winds up, will he tell us whether the budget will continue to include funding for the mitigation measures that were put in place in relation to welfare reform in Northern Ireland? A lot of vulnerable people in Northern Ireland would like to know the answer to that question, and it is important, because we need to expose Sinn Féin on this issue. This House is making provision for the funding of public services in Northern Ireland, so it is important to know whether the mitigation measures in relation to welfare reform will be included and for how long.

Finally, the current crisis proves that mandatory coalition—handing a veto to one side of the community—is a fundamentally flawed way of democratising government. The DUP wants—this has long been an objective of my party—to move towards a system of voluntary coalition in Northern Ireland. We should move towards a situation where the parties come together after an election, negotiate and agree a programme for government. Those parties that want to be part of the Government can voluntarily go into government, and those that do not can go into opposition. What we cannot sustain is a situation where those parties that do not want to go into government have a veto over everybody else in forming a Government. That is not democracy; it is the very antithesis of democracy.

[Lady Hermon]

I am grateful to the right hon. Gentleman for taking yet another intervention, and I was tempted to make one because he was at the St Andrews agreement. He will recall that the Belfast agreement suggested—this was approved in the referendum in Northern Ireland and the Republic of Ireland—that the First and Deputy First Ministers would be jointly elected, but that was changed, unfortunately, after the St Andrews agreement. One proposal is that we go back to that and bring the parties together, putting the two names on the same ticket so that the Members of the Legislative Assembly have to vote for them. Is that an option the DUP would consider?

[Sir Jeffrey M. Donaldson]

We will certainly look at options, but I have to say to the hon. Lady that that proposal does not solve the problem. If we are going to look at solving the problem, we have to be more fundamental about it—a sticking plaster will not do. That is why my colleagues and I believe that, in time, we will have to look again at the whole model of devolution and at the basis of mandatory coalition and whether it will work. It is certainly not working for Northern Ireland at the moment; it is delivering a veto that is preventing the formation of a Government at a time when we have huge decisions to take about our future, not least on Brexit. The people of Northern Ireland are being denied a voice because one single party, representing less than 30% of the vote, refuses to go into government. Surely that is an unsustainable position. While the Bill is welcome, it is merely a first step—a bandage. It will not fix the problem, and we do need to fix the problem.

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[Dr Alasdair McDonnell (Belfast South) (SDLP)]

Like many in Northern Ireland, I am saddened that we have come to this impasse which has created the issues we are trying to solve. There are so many problems that need to be faced, but we will not face them or solve them by trading insults or abuse. I will attempt to be as positive as possible and I will avoid that well known pastime in Northern Ireland called whataboutery.

I pay tribute to the shadow Secretary of State the hon. Member for Blaydon (Mr Anderson) for his outstanding public service over many years, both in this House and in the years before he arrived here. Thank you, David. I know that all in this House will wish him well and those of us who have worked with him will miss him: his kindness, his tolerance and his caring approach.

I would first like to touch on what I consider to be an absurd and relatively insulting suggestion by the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) that the SDLP did nothing about the killing of Robert McCartney in a bar in Belfast in 2005. His point is neither accurate nor well made. No one can criticise me on how outspoken I was about the murder of Robert McCartney. Sinn Féin, in the immediate aftermath, were still trying to pretend that it was the result of some sort of knife crime when I unequivocally pointed the finger at IRA involvement in that murder.

[Sir Jeffrey M. Donaldson]

I thank the hon. Gentleman for giving way. I would like to correct him. I may have got the location wrong in terms of where the murder was carried out, but I was talking about the tit-for-tat double murder of Jock Davison and Kevin McGuigan that occurred during a period when Sinn Féin were in government. One of those murders was carried out in the hon. Gentleman’s constituency. I was simply making the point that I did not hear the hon. Gentleman, on that occasion when there were multiple murders involved, calling into question Sinn Féin’s fitness for government or his confidence in the Government in those circumstances. I think that that is a fair point to make.

[Dr McDonnell]

The record will show that the right hon. Gentleman referred to a murder in a bar and the only murder in a bar was that of Robert McCartney. I was active politically in criticising both the murder of Jock Davison and the murder of Kevin McGuigan.

[Sir Jeffrey M. Donaldson]

And the Government?

[Dr McDonnell]

I am being heckled here.

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[Dr McDonnell]

Thank you very much, Madam Deputy Speaker, but allegations were made and I felt that I had to refute them. I will leave it at that and perhaps sort it out with the right hon. Gentleman privately. [Hon. Members: “Ooh!”] We can sort it out over a cup of tea.

[Sir Jeffrey M. Donaldson]

I am glad for that clarification.

[Dr McDonnell]

I am not a violent man, Madam Deputy Speaker.

Moving on, we are in this situation because of a failure to face a new reality. Some may not agree with me, but the difficulties and the fiasco around the renewable heat incentive triggered a sequence of events that spun out of control. People out there want answers and they feel that they deserve them. Many of those who want answers are not nationalists. I have met many Unionists who are horrified by the events relating to the RHI. I will leave it at that. Clouds of confusion or poking each other in the eye only make things worse.

I say to the Secretary of State that it is vital that no stone is left unturned until devolution is restored in Northern Ireland. We have massive problems that must be faced. Northern Ireland is suffering from a total lack of confidence in its institutions. There are many issues facing us, but four jump out. The first is Brexit. Northern Ireland voted against it and to my mind it will be very difficult for Northern Ireland. The issue is multi-layered, but I will take just one example. I am being inundated by community groups and community workers from peace building groups from various marginalised communities who are heavily dependent on European peace funds to carry out their work. Those groups are currently facing collapse through lack of funding. They are not from any particular tribe or side of the political divide.

The second issue is our economy. The delay in the reduction in corporation tax was mentioned earlier. Aside from corporation tax, there was meant to be a prosperity dividend following the peace process. It never came. To my mind, peace will not be fully sustained unless our economy gets a boost and real jobs are created. Currently, we have no budget. This has serious consequences, in particular for our schools and our health service.

The hon. Member for South Antrim (Danny Kinahan) mentioned many of the problems in education. I will not repeat them, but I will make one point. We have very serious problems with underachievement, despite some very powerful successes at some schools. I urge the Secretary of State to work with me, the right hon. Member for Belfast North (Mr Dodds) and the hon. Member for Belfast East (Gavin Robinson) to do what we can to solve the crisis in underachievement in education in marginalised areas. It is frightening. I would be glad if, in conjunction with my colleagues from neighbouring constituencies, the Secretary of State or the Minister could find the time to visit some of those schools, because it is despair-plus-plus for the people who try to teach in and run them. These are the people who are really suffering now, more than any others, as a result of the present difficulties. We need to deal with the problem of education despair and disadvantage in these areas. If we do not deal with it, we will create an underclass of people with no stake in society and they will be disruptive to society in the years ahead. That is the narrow self-interest. The broad interest is that we have a duty to ensure that all children of the nation are treated equally.

Our health service is stumbling towards despair. Primary care struggles to cope when hospital waiting lists, in particular surgical waiting lists, are in great difficulty. I will not go into detail on that.

I want to make an honest point about the attacks on the Irish language and I hope it will be taken as such. I was tempted to make this speech “as Gaeilge”, but I felt that not too many people would understand me so out of courtesy I decided not to. I am talking about attacks on the Irish language, and the immature abuse that is heaped on those who wish to speak Gaelic. It is not a crime to speak Welsh in Wales, and it is not an offence to speak Gaelic in Scotland. I remind the House that 100 years ago the revival of the Irish language in my county, the proud county of Antrim, was led by Unionists, not by nationalists. It would be disastrous to hand the ownership of the Irish language exclusively to Sinn Féin. I will never agree to that, whatever form it might take. The Irish language is the possession of no political party or grouping; it is the right and the property of all, culturally and in all other dimensions.

The hon. Member for Strangford (Jim Shannon) requested support for victims of the IRA. I could not agree more. Many of my friends were murdered by the IRA, and I am very willing to put on record my support for any campaign for justice, honesty, openness and answers for all victims and survivors, regardless of who they are or what their political aspiration might be. That includes every single victim.

A general point has been made about the legacy issues, and other Members have spoken about the details. I merely say that we must find a solution, and beg the Secretary of State to press on, because otherwise instability and discontent will be fuelled.

In the remaining few minutes or seconds of my speech, let me wish the Secretary of State every success in his efforts to ensure that devolution is re-established, because it is the best deal for Northern Ireland. I genuinely hope that the extension to 108 days will allow space for the restoring of the institutions. I also hope that striking a temporary regional rate will help to restore a degree of financial stability. As for the allocation of the billions of pounds that the Brexit people promised us on the back of a leave vote—as Members may recall, they promised us £350-odd million a week for the health service—I urge the Secretary of State to ensure that some of the money that is released is spent on the creation of a prosperity process that will deal with educational underachievement and strengthen the health service so that it is able to cope with the demand in Northern Ireland.

--- Later in debate ---

[Kris Hopkins]

I could give a diplomatic answer to a lot of that. My first ever point of order asked why Sinn Féin gets paid when it does not come here, so I will not contradict myself on that issue. The hon. Lady knows my view on this and, in talking about the future of the Assembly, it is about making sure that we create the right political space in which all parties can find agreement and come together to offer leadership for Northern Ireland. I could engage in that partisan debate. My comments are already on the record, and I will not contradict myself.

I sincerely hope that a deal can be reached, regardless of the broader context of the talks. We will all work towards that outcome, but it will be the parties that need to take up the mantle and deliver inclusive, stable government for the people of Northern Ireland. If they do not, it will be for this or any future Government to continue doing what is required to ensure that Northern Ireland has the political stability it needs.

[Sir Jeffrey M. Donaldson]

Will the Minister give way?

[Kris Hopkins]

I have a sentence and a bit to go, but I will give way.

[Sir Jeffrey M. Donaldson]

I have listened carefully to the Minister, and I know his background as a former serving member of the armed forces. I would not want him to underestimate the importance of the armed forces covenant as an issue in these negotiations. It leaves me a little concerned when I hear the Opposition spokesman and now the Minister refer to issues in the negotiations and make no reference to the armed forces covenant. I would not want him to conclude his remarks without making reference to the importance of that issue and its full implementation in Northern Ireland. That is important to getting agreement.

[Kris Hopkins]

I thank the right hon. Gentleman for his intervention. I appreciate that this is about putting stuff on the record. I have a service record, and I have spoken to many councils during my time in Northern Ireland about the delivery of this issue. I will never shy away from making sure that our armed services and veterans have the best possible services. It is important that we constantly challenge people who are responsible for delivering that, and I assure the House that, so long as I hold my position, this issue will always be at the forefront of my mind.

The Bill will provide the framework for success, and we hope it will be the catalyst for the resumption of devolved government. With that in mind, I would be grateful if we proceeded with support across the House.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Committee of the whole House (Order, this day).

Ballydugan Four

Jeffrey M Donaldson Excerpts

Wednesday 19th April 2017 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

It is always a privilege to speak in this House on any issue, but on this occasion I speak about something I have wanted to raise for some time: the case of the four Ulster Defence Regiment men who were murdered at Ballydugan, outside Downpatrick.

Four men jump into a vehicle and head to the next part of their job. They have worked together for some time, and the craic is great as they journey through the beautiful countryside on an idyllic morning. Just as any of us might do on any given day, they leave behind wives, children and loved ones to do their job and earn their pay. There the similarity ends, however, as the atrocity unfolds.

This is an important issue, and I am sure that Members in the House will heed its significance. I declare an interest as a former member of the Ulster Defence Regiment. I served in it for three years, as did some of my colleagues on this side of the House. Other hon. and gallant Members in this House have served in other regiments, and I am pleased that they have made an effort to come to the Chamber as well.

On the morning of 9 April 1990, Private John Birch, Lance Corporal John Bradley, Private Michael Adams and Private Steven Smart, all members of the Ulster Defence Regiment, were murdered by the Provisional IRA in an attack on their mobile patrol on Ballydugan Road, Downpatrick. The four young soldiers, all in their 20s, were travelling as part of a two Land Rover patrol en route from Ballykinlar to Downpatrick when a 1,000 lb bomb placed in a culvert beneath the road—I repeat, a 1,000 lb bomb; imagine the magnitude of that—was detonated by command wire. The explosion was so powerful that it lifted the soldiers’ Land Rover 30 ft into the air and hurled it 30 yards into a field, killing them instantly and leaving a crater 50 ft long, 40 ft wide and 15 ft deep.

Those are the facts of what happened on that fateful morning. These are the faces of those whose lives were destroyed and whose family’s lives were torn apart, never to be the same. The men in the service of Queen and country, much like the officer on duty in this place last month, were simply doing their job and nothing else; there were no links to anything other than their desire to wear a uniform and their bravery in serving the community in Northern Ireland, which we salute.

I remember three of these men very well. Lance Corporal John Bradley, 25, of Cregagh, Belfast, was married with a two-year-old son and a three-month-old daughter. He had recently been promoted, having served four years with the Ulster Defence Regiment. He had served with the Royal Highland Fusiliers, and came from Port Glasgow in Renfrewshire. Private John Birch, 28, was married with a four-year-old son. He had joined the regiment in February the previous year, and came from Ballywalter, where I was raised. The fact of the matter is that I can remember when John Birch was born. His wife was expecting again. Private Steven Smart, 23, was from Newtownards, the main town of my Strangford constituency. He had served for 18 months in the regiment. His mother is dead, but his father is still living.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

I thank my hon. Friend for bringing forward this Adjournment debate. I had the honour of serving in the 3rd County Down Battalion of the Ulster Defence Regiment, the same battalion as these four brave soldiers. Does my hon. Friend agree that, tragic as their deaths and their sacrifice are—the sacrifice of that regiment was immense—their legacy today is the fact that our children and grandchildren can walk the streets of Northern Ireland not having to look over their shoulder. That is because of the bravery of the men and women who served in the Ulster Defence Regiment, the Royal Ulster Constabulary and the other fine regiments that came to Northern Ireland—men and women who put their lives on the line.

[Jim Shannon]

I thank my right hon. Friend for his intervention. He is absolutely right: those who served in uniform in that regiment and other regiments in Northern Ireland deserve every recognition for what they did.

Private Steven Smart’s father Samuel still lives in Newtownards, and his sister lives in Donaghadee. Private Michael Adams, 23, who was also from Newtownards, had served with the UDR for seven months, having formerly served with the Royal Engineers. I served with him—I served for 11 and a half years in the Royal Artillery, with the Territorial Army—and I well remember when we were both on guard duty at the Magilligan camp. You used to get guard duty when you had done something wrong; I am not sure whether Michael or I had done something wrong on that particular day, but we were on guard duty. We had a radio in the sangar, and we were listening to some tunes, one of which was “Stand by Me”, a ’60s song. Tonight, I suppose all of us who are in this Chamber are taking the opportunity to do the very same thing, and to stand by them.

These are men that I knew well. These are men whose faces I recall right now. These are men whom I honour and respect today. These are men whose families I see: I saw the mother of one of them just the week before last, and her grief is still evident. These are men who deserve justice. These are men who were brutally murdered by cowardly scum who were not fit to lace their boots.

--- Later in debate ---

[Jim Shannon]

I thank my hon. Friend and colleague for his thoughtful intervention and for those kind words.

Like too many people in the Province, I have been touched by the actions of men like the leader of the South Down Provisional IRA who was responsible for the murder of the four young UDR men at Ballydugan. That vile, evil, despicable excuse for a human was a man called Colum Marks. He was the IRA commander for South Down when he was shot. It is no coincidence that when he was shot the activity of the IRA in South Down stopped immediately. That is obviously an indication that he was the person not only pulling the strings and dictating, but taking part in action that was completely unacceptable.

[Sir Jeffrey M. Donaldson]

My hon. Friend comes to an important point that needs to be emphasised. We have come to a sorry place when it is the men and women who put on uniforms and defended and protected the community and, in the case of Colum Marks, those who shot a commander in the IRA and saved countless lives as a result, who today are the people waiting on the knock at the door and wondering whether someone will come looking for them to haul them before a court and make them answer for what they did, which was within the law and was about protecting and defending the community. We want the Government to do more to protect the integrity of the men and women who served in Northern Ireland on Operation Banner and in other theatres of conflict. They deserve that support.

[Jim Shannon]

I thank my right hon. Friend for that intervention. That is partly what this debate is about. It is about seeking justice. It is about justice for those who served in uniform, as he said, and the importance of that.

Colum Marks headed up the gang and carried out the atrocity, lying in wait with his detonator in a forest just across from Ballydugan. When he had pushed the button and killed four brave, courageous young men, he got on his motorbike in his blue boiler suit, went up the railway embankment into Downpatrick, burned the motorbike, disposed of his blue boiler suit and was picked up by another person. There were 16 people involved in this. There was the person out on the road who told the people at Ballydugan that a Land Rover patrol was on its way. There was another person down the road who confirmed that. Another person left a 1,000 lb bomb. The next time hon. Members lift a 2 lb packet of sugar, they should multiply that by 500 to get the magnitude of the bomb left at Ballydugan. How long did it take them to put that bomb in that culvert at Ballydugan? They were seen doing it, by the way. The question I ask—the Minister knows this because I spoke to him beforehand—is why that visual evidence was not acted upon as it should have been to warn that UDR patrol and other patrols in the area.

Another person was picked up at the shopping centre—the hon. Member for South Down (Ms Ritchie) will know the area better than I do—and taken to a safehouse, where he showered and changed his clothes. The clothes were destroyed and he was moved to another house. Sixteen people were involved in the murders of those four UDR men. Colum Marks is the man who pushed the button and blew the four UDR men to smithereens. He was also the IRA commander involved in the murder of John Moreland—the hon. Lady will remember this—who was a coal merchant on the Flying Horse estate in Downpatrick. As he did his last delivery, he was attacked by two men and shot dead.

Colum Marks’s hands are red with blood. Let us be honest. This man was not a freedom fighter. He was a low-life, mentally deficient psychopath, with no human decency whatsoever. He was rotten to the core, contemptible, detestable and loathsome. He was a man with no good in him whatsoever; a man that should never have been born. That was the sort of man he was.

--- Later in debate ---

[Sir Jeffrey M. Donaldson]

I thank my hon. Friend for giving way again. He has come to an important point. We hear a lot from those who are elected to this House but do not take their seats about respect. We would like to see Sinn Féin give a bit more respect to the men and women who serve our country. We would like to see the armed forces covenant fully implemented in Northern Ireland to ensure that the families and veterans who serve this country and sacrifice so much are given the support they deserve. Let us see Sinn Féin step up to the mark and show respect for a change.

[Jim Shannon]

I thank my right hon. Friend for that intervention. Respect is something that is earned, and it is very much lacking from Sinn Féin.

Northern Ireland: Political Developments

Jeffrey M Donaldson Excerpts

Tuesday 28th March 2017 Commons Chamber

[James Brokenshire]

I am sure that we can look to a range of measures for elections. One of the issues is having greater transparency in political donations—something that has been at the forefront of some of the discussions that have taken place over the past three weeks. I earnestly want to see progress made in that regard.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

As a party, we have found the Prime Minister to be very engaged in this progress. I do not know what others are complaining about. I welcome the Secretary of State’s commitment on legacy, but it is essential that he does not take a partial approach. We do not want to see money given over for legacy inquests and no progress made on the historical investigations unit. If that happens, we will withdraw our support for his proposals.

Oral Answers to Questions

Jeffrey M Donaldson Excerpts

Wednesday 15th March 2017 Commons Chamber

[Mr Speaker]

Finally, constraints of time are against us, but Sir Jeffrey Donaldson must be heard.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

8. What discussions he has had with the Secretary of State for Defence on the provision of legal protection to veterans of the armed forces who served in Northern Ireland under Operation Banner.

[The Parliamentary Under-Secretary of State for Northern Ireland (Kris Hopkins)]

This Government are unstinting in our admiration for the role that our armed forces have played in Northern Ireland in securing democracy and consent. The current process for addressing the past is not working, as my right hon. Friend the Secretary of State said earlier, and we will ensure that the new legacy bodies will be under legal obligations to be fair, balanced and proportionate. [Interruption.]

[Mr Speaker]

Order. Let us hear from Sir Jeffrey Donaldson.

[Sir Jeffrey M. Donaldson]

Given the scrapping of the Iraq inquiries and the judgment today in the case of Alexander Blackman, is it not time that the Government provided legal protection to the men and women who serve this country on the frontline?

[Kris Hopkins]

This Government never move away from their obligation to care for their veterans. We have put in huge resources to do that. I know that the right hon. Gentleman is very passionate about looking after our armed forces personnel. I am more than happy to meet him to discuss this matter further.

Armed Forces: Historical Cases

Jeffrey M Donaldson Excerpts

Thursday 23rd February 2017 Commons Chamber

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

I beg to move,

That this House acknowledges the service and sacrifice of the armed forces and police during Operation Banner in Northern Ireland as well as in other theatres of conflict in Iraq, Kosovo and Afghanistan; welcomes the recent decision to close down the Iraq Historical Allegations Team; and calls on the Government to take steps to ensure that current and future processes for investigating and prosecuting legacy cases, whether in Northern Ireland or elsewhere, are balanced and fair.

On behalf of my right hon. and hon. Friends, I am delighted to move this motion in the name of the Democratic Unionist party. Let me say at the outset that our party holds veterans of our armed forces and those who have served in the police, not only in Northern Ireland but across the United Kingdom, in the highest esteem. We have always sought to use our parliamentary time to raise issues that are of concern to those people; I am glad to do so again today. I welcome the opportunity for this debate, and I thank all Members present, including the Ministers from the Northern Ireland Office and the Ministry of Defence.

Although policing and justice issues are now devolved to the Northern Ireland Executive, the legacy of our troubled past remains a matter for this Parliament and the UK Government to deal with. Our motion refers to other theatres of conflict, including Iraq, Kosovo and Afghanistan, and I pay tribute to all those who served in each of those operations, especially to those who died in the service of our country. I know that other right hon. and hon. Members will wish to refer to those people. I hope the House will forgive me if I concentrate mainly, and with good reason, on the situation in Northern Ireland.

I remind hon. Members that Operation Banner was the longest-running military operation in the history of the Army. During the period known as the troubles in Northern Ireland, there were more than 3,500 deaths, of which more than 2,000—some 60%—were murders carried out by republican paramilitary terrorists, mainly from the Provisional IRA, while more than 1,000—some 30%—were carried out by loyalist paramilitaries. British and Irish state forces were responsible for 10% of the deaths, almost all of which occurred as a result of entirely lawful actions, when soldiers and police officers acted to safeguard life and property and uphold the rule of law. In fact, a member of the security forces in Northern Ireland was three times more likely to be killed than a member of the IRA. If we contrast that with Iraq, for example, where terrorist insurgents were three times more likely to be killed than members of the armed forces, it sets the Northern Ireland situation in context.

Let me restate for the record that paramilitary terrorists were responsible for some 90% of the deaths in Northern Ireland—on both sides of the border, that is—whereas 10% of the deaths are attributable to state forces. Those deaths include more than 3,000 unsolved murders arising from our troubled past. What a terrible legacy that is—one of pain, loss and a deep sense of injustice on the part of the victims and their families.

Let me be clear that there can be no moral or legal equivalence between our police or armed forces and those who were members of illegal, criminal terrorist organisations. Let us contrast how the two have been treated. It is a well accepted principle that in a democracy no one should be above the law, yet—as will become clear from my remarks—there appears to be one rule for those who serve our country and another for those whose objective is to destroy it. Unfortunately, the legacy issues were not adequately addressed, never mind resolved, in the deeply flawed Belfast agreement of Good Friday 1998. Instead, in that agreement the Government of the day agreed to release early from prison those prisoners sentenced for offences linked to the troubles in Northern Ireland and who were members of a terrorist organisation on ceasefire and supporting the peace process.

In effect, the terrorists, who were found guilty of crimes including murder, were released from prison after serving only two years in jail. They included, for example, the notorious Shankill bomber, Sean Kelly, from the constituency of my right hon. Friend the Member for Belfast North (Mr Dodds). Kelly was sentenced to nine life terms in prison for the murder of nine innocent civilians on the Shankill Road. He served just seven years in jail—less than one year for each life he destroyed.

In addition, in September 2000, beyond the terms of the agreement, the then Secretary of State, now Lord Mandelson, announced that the Government would no longer seek the extradition of those Provisional IRA prisoners who had escaped from prison, including several who had escaped from the Maze prison in my constituency in 1983. They included convicted terrorists such as Dermot Finucane, brother of the late Pat Finucane and former head of the Provisional IRA southern command, and Kevin Barry Artt, who had been convicted of the murder of the deputy governor of Maze prison, Albert Miles, who was shot in front of his wife. What an appalling atrocity! They also included Liam Averill, convicted of the sectarian murder of two Protestants, who escaped from the Maze prison dressed as a woman in 1997. Their extradition was not sought by the Government of the day. In addition, perhaps up to 30 Provisional IRA terrorists have been granted the royal prerogative of mercy and allowed to go free.

In 2001, the then Labour Government sought to extend the concession further so that an amnesty would be introduced for all members of terrorist organisations on ceasefire. In a letter dated 4 May 2001, the then Secretary of State, Dr John Reid, wrote to the Prime Minister, Tony Blair:

“In the Hillsborough statement of 8 March we accepted publicly for the first time that it would be a natural development of the Early Release Scheme to discontinue the prosecution of pre-Good Friday Agreement offences allegedly committed by supporters of organisations now on ceasefire.”

In the same letter, Dr Reid made it clear that the legislation to provide for that amnesty

“should exclude members of the security forces from the amnesty arrangements, though we should not underestimate the difficulty of holding this line in Parliament in the face of an inevitable press campaign.”

You bet, Dr Reid! We opposed it vigorously and stopped it in its tracks. I am confident that this Government would never consider such a concession to those who have committed murder on the streets of Northern Ireland and Great Britain.

Note that an amnesty was offered—an amnesty was put on the table for terrorist organisations while members of our security forces were to be excluded, just as they were excluded and ignored in the agreement of 1998. Dr Reid was certainly right about the opposition that he would face to such a reprehensible scheme.

But things did not stop there. A secret deal was then done between the Northern Ireland Office and Sinn Féin, to the benefit of Provisional IRA terrorists who were still on the run—fugitives from justice. They were wanted for questioning about serious terrorism-related offences, including murder. Letters of comfort were issued by the Northern Ireland Office to each of those terrorists, sometimes delivered by the postman Gerry Kelly from North Belfast, informing them that there were no warrants in existence and that they were not wanted in Northern Ireland for arrest, questioning or charge by the police. The issuing of those letters by the Northern Ireland Office resulted in the disgraceful situation of an alleged IRA member, John Downey, being able to escape conviction in the courts in London for the murder of four soldiers in the Hyde Park bombings of 1982. I could go on, but it is important that we focus now on the sacrifice of the security forces—of those who served our country.

According to the Sutton Index of deaths during the troubles in Northern Ireland, 520 members of the regular Army, Royal Navy, Royal Air Force and reserves, and veterans, were murdered by terrorists during Operation Banner. In addition, 243 members of the Ulster Defence Regiment and Royal Irish Regiment, and veterans, were murdered by terrorists. Some 325 members of the Royal Ulster Constabulary and other constabularies, and retired police officers, were murdered by terrorists. Twenty-six prison officers and former prison officers were murdered by terrorists. That amounts to 1,100 men and women in the service of the Crown who were murdered by terrorists, and countless others seriously injured and left to bear the mental and physical scars of this reign of terror.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

I am grateful to the right hon. Gentleman for giving way; he is speaking powerfully about the victims of terror. One of the victims who is not counted is my uncle, who now sits in the other place. He was attacked brutally by IRA men while representing our country in Brussels. I understand why the right hon. Gentleman mentions the statistics, but they hide so many scars. Victims are hidden because they are not listed, yet they bear those scars today, even if they were unharmed physically.

[Sir Jeffrey M. Donaldson]

The hon. Gentleman is absolutely right. As I said, countless others were seriously injured and left to bear the mental and physical scars of this reign of terror.

It is evident that little effort has been made to bring to justice those responsible for the heinous crimes committed by the terrorist organisations responsible for 90% of the deaths during the Northern Ireland troubles. Yet enormous resources—hundreds of millions of pounds of taxpayers’ money and countless hours of valuable police time—have been devoted to hounding the security forces: to vigorously pursuing investigations against veterans of the armed forces and retired police officers.

The Chief Constable did establish the Historical Enquiries Team that sought to re-examine the unsolved murders in Northern Ireland, but it could review only the previous police investigations and lacked full police powers to renew the investigation of these killings. It was eventually wound up, and the Police Service of Northern Ireland established a new Legacy Investigation Branch as a temporary measure until wider agreement could be secured on the legacy issues.

Today, the PSNI Legacy Investigation Branch devotes a wholly disproportionate level of its resources to the investigation of killings linked to the security forces and hopelessly inadequate resources to the thousands of unsolved terrorist murders. Recently, two retired veterans of the Parachute Regiment, aged 67 and 65, were charged with murder in connection with the shooting of IRA commander Joe McCann in Belfast in 1972. That follows the decision to prosecute a 75-year-old veteran of the Life Guards who has been charged with the attempted murder of a man in County Tyrone in 1974.

While the families of thousands of innocent victims, including the police officers, soldiers and prison officers involved in more than a thousand murder cases, wait in vain for some action to be taken to investigate those crimes, the police are devoting resources to investigating the small number of killings linked to the state.

[Sir Gerald Howarth (Aldershot) (Con)]

I am extremely grateful to the right hon. Gentleman for giving way; I apologise for not having been here at the start and for not being able to stay for the whole debate. I salute him and his colleagues in the Democratic Unionist party for securing this hugely important debate.

The right hon. Gentleman has just mentioned the disproportionate number of investigations of former soldiers and police officers. Is he aware that the Director of Public Prosecutions for Northern Ireland has issued what is effectively a fatwa to news organisations across the United Kingdom? If they have the temerity to make any criticism of Mr McGrory, they will be served with legal proceedings. Does that not illustrate the attempt being made by some in Northern Ireland to ensure that they get a soldier in the dock for something that happened 45 years ago? It is completely immoral.

[Sir Jeffrey M. Donaldson]

It is important that we all recognise and respect that we do have freedom of the press in Northern Ireland. The facts, some of which I have outlined, speak for themselves. Many in Northern Ireland wonder why the justice system is so focused on what the state did, and devotes so little of its energy and time at what the terrorists did.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

I am following the right hon. Gentleman’s remarks closely, as ever. Does he agree that the end result of all this is that Sinn Féin is winning the war, by which I mean that it is managing to shift public opinion so that, somehow, the troubles become an issue to do with the actions of the British state and not to do with the murderous barbarism of terrorism during that period? Would he also say that it is having some measure of success in that endeavour?

[Sir Jeffrey M. Donaldson]

The hon. Gentleman is absolutely right. Although the IRA did not win the war in Northern Ireland, Sinn Féin is trying to win the propaganda war and rewrite the history of the troubles. Let me absolutely clear that, for our part, it will not be allowed to rewrite the history of the troubles in Northern Ireland.

As I have said, it is evident that the current resources devoted to legacy investigations are heavily skewed towards investigating what the police and the Army did, and that not enough is being done to address what the terrorists did, despite the fact that they were responsible for more than 90% of the deaths in Northern Ireland and other parts of the UK. It is wrong that the full powers and finances of the state are devoted to prosecuting the men and women who stood on the frontline in the most difficult of circumstances to defend the entire community and uphold the rule of law.

[Mr Gregory Campbell (East Londonderry) (DUP)]

My right hon. Friend is delivering a powerful speech. A number of veterans groups have been organising events over the past few weeks to highlight the problems that we are highlighting today. One group attempted to organise a peaceful demonstration and the peaceful laying of a wreath in Londonderry only a couple of weeks ago, but it was forced to cancel as a result of threats from dissident organisations. Does my right hon. Friend agree that that compounds the problems that he is highlighting today in Parliament?

[Sir Jeffrey M. Donaldson]

There are some in Northern Ireland who talk much about respect, equality and discrimination; yet the same people were silent when it came to the violent threats made against some veterans who simply wanted to exercise their civil liberty to march to the Cenotaph in Londonderry and lay a wreath in remembrance of their comrades—some respect and equality there. Some people in Northern Ireland politics speak with forked tongue.

When we add to all these things the fact that legacy inquests and investigations by the Office of the Police Ombudsman for Northern Ireland are laying bare the modus operandi of the counter-terrorism operations by the Army and the police that brought the terrorists in Northern Ireland to their knees and helped to secure the relative degree of peace that we enjoy today, we should all be concerned. Our national security and the security of every UK citizen is put at risk when we allow the operations of the security forces to be exposed in this way through the legal system. We must bear in mind that there is a continuing threat. A police officer was targeted by Republican terrorists in County Londonderry yesterday, and another was shot while in the constituency of my right hon. Friend the Member for Belfast North. That terrorist threat remains, yet we are exposing how the security forces counter that violent extremism and terrorism. We can be sure that putting soldiers and police officers in the dock while the terrorists walk free is an expediency that will cost us dear in years to come if we do not do something about it now.

[Mrs Anne-Marie Trevelyan (Berwick-upon-Tweed) (Con)]

The right hon. Gentleman is highlighting a critical issue that I hear about from young and older armed forces personnel and from those who consider joining. The pressure and risks of serving our nation and the long-term impact that that could have on personnel and their families decades down the line is preventing people from signing up and encouraging others to leave earlier than they otherwise would.

[Sir Jeffrey M. Donaldson]

I thank the hon. Lady for her timely intervention. She is absolutely right that this is not only affecting the morale of those who serve at present but acting as a huge disincentive for recruitment to our armed forces. Who wants to put themselves in the frontline in such circumstances, whereby these young men and women will be betrayed a few years down the road because of so-called human rights lawyers? It simply is not right, as is being realised—rather belatedly—with the welcome decision to close down the Iraq Historic Allegations Team. Consider the damage to the morale of our armed forces and the consequences this has had, with a marked downturn in recruitment and retention. While so-called human rights lawyers get rich with the lucre of returns such cases can bring—mainly from the public purse—the men and women defending our country on the frontline find it hard to avoid a sense of betrayal. I have heard that from many of them. All right-thinking people should rail against this.

The Stormont House agreement reached between the Government and political parties in Northern Ireland made it clear that there would be no amnesty for terrorist-related crimes, and it proposed a new set of institutions to deal with our troubled past. Let me be clear that this party stands by the Stormont House agreement. We stand by our commitment not to accept an amnesty for the terrorists. We endorse the institutions proposed under the agreement, including a new historical investigations unit that would have full police powers, and would take over the work of the PSNI’s legacy investigation branch and the responsibility for reinvestigating the unsolved murders linked to the troubles in Northern Ireland. We welcome and support that. The sooner we can get that new institution up and running, the better for everyone, especially the innocent victims. However, the Stormont House agreement has not yet been implemented due to an impasse that has arisen between the Government and Sinn Féin over national security.

It is a ridiculous state of affairs that the political party linked to the largest terrorist organisation that is responsible for the most murders during the troubles has a veto over the implementation of a policy that would give the innocent victims access to proper investigation and the prospect of justice. In a democracy, this is surely not right. It cannot be right that Sinn Féin is being handed a veto over a proper investigative process into the murders of the people who were killed by the Provisional IRA. It is a nonsense. Sinn Féin talks about respect and equality. Well, then, let us have some respect and equality for the innocent victims of the IRA, and let us see the Stormont House agreement taken forward and Sinn Féin’s veto swept aside.

[Tom Elliott (Fermanagh and South Tyrone) (UUP)]

I apologise that I will not be here for the end of the debate, as I have to attend a constituency event this evening in memory of the Enniskillen bomb victims. Does the right hon. Gentleman accept that there is a need to build into the proposed historical investigations unit a process that allows an investigation into the cases that have already run through the Historical Enquiries Team, otherwise those people will be left with nothing other than a review, and not a new investigation?

[Sir Jeffrey M. Donaldson]

I thank the hon. Gentleman for his support for the institutions proposed under the Stormont House agreement. At present, in fairness to the victims and families who have waited a long time, the proposal is that the historical investigations unit would pick up where the historical inquiries team left off in chronological order. It would be wrong to go back to the beginning and start again, leaving the people who have already waited many years having to wait even longer. Nevertheless, if there is new evidence or there are new evidence-gathering techniques with the potential to lead to a prosecution in the cases already reviewed by the HET, of course we believe that the HIU should examine them. We have no objection in principle to that happening. We believe that all innocent victims in Northern Ireland should have access to justice and be treated equitably and fairly.

It is important that the Government now proceed with the Stormont House agreement and get on with publishing the draft legislation to give innocent victims and others the opportunity to comment on the proposals, so that at last we can begin the process of implementing what has been agreed and the focus will no longer be solely on what the state did. That will shift the focus and address the issues already raised in the House about the attempt to rewrite history, because the IRA and the other terrorist organisations will be put under the spotlight. What they did will be examined and brought to the fore.

It is wrong that our retired veterans of the military and the police have to spend their latter days looking over their shoulders, still waiting for the knock at the door, while the terrorists who skulked in the shadows and destroyed countless lives on the streets are left without a care in the world about the prospect of being pursued for their crimes. That simply is not right. The terrorists must be pursued and held accountable for their crimes. We will therefore vigorously oppose any attempt to grant an amnesty to any terrorist organisation. The time has come for the Government finally to do something to protect the men and women who served our country. They were not provided for in the 1998 agreement, while the terrorists were. Special provision was made for the terrorists in 1998, in the form of the early release scheme, and other concessions have been made since, as I outlined earlier, but nothing has been done for those who served the Crown. That is wrong and needs to be addressed.

The Government must therefore give urgent consideration to introducing a statute of limitations for soldiers and police officers who face the prospect of prosecution in cases that—this is very important—have previously been the subject of full police investigations. Let me clear about that: we are talking about cases that were previously the subject of rigorous police investigations relating to killings and deaths that occurred before 1998. The Government need to look at this. It is wrong that our veterans are sitting at home wondering whether a third or fourth investigation will take place into their case simply because some hot, fast-thinking, “make a quick buck” human rights lawyer in Belfast thinks it is a good idea to reopen their case. That is what is going on.

We believe therefore that this matter has to be addressed. We can no longer ignore it. Certainly, we on these Benches have not been ignoring it. We believe not only that a statute of limitations should apply to Northern Ireland and Operation Banner but that consideration should be given to other military deployments, including in Iraq, Kosovo and Afghanistan. This is not an amnesty, as each case will have previously been the subject of a thorough investigation; rather it is an appropriate and necessary measure to protect the men and women of our armed forces from the kind of witch hunt years after their retirement that has left many feeling that their service to their country is neither respected nor valued.

[Tom Tugendhat]

I thank the right hon. Gentleman for his generosity in giving way. I hope that he will forgive me for mentioning that I published a paper with Policy Exchange, entitled “The Fog of Law”, in 2013 that addressed many of these issues, of which he is touching on the essence. We are talking here about human rights. What really do they mean? Surely, they are the rights of people to live in peace and dignity, not the rights of some to persecute those who have tried to protect others.

[Sir Jeffrey M. Donaldson]

I thank the hon. Gentleman for his valid intervention. He is absolutely right, and we appreciate the work he has done in this field and his commitment to his former comrades.

[Tom Elliott]

Just to clarify, would the right hon. Gentleman’s proposed statute of limitations cover police officers in Northern Ireland as well? I should have said at the start that I welcome this debate and thank him for bringing it to the House.

[Sir Jeffrey M. Donaldson]

I thank the hon. Gentleman for his comments. The answer is yes they certainly would be, because the police are not covered by the provisions in the 1998 agreement or the concessions made to the terrorists—and neither should they be. We see no moral or legal equivalence between the armed forces and the police and illegal criminal terrorist organisations. We do not want them to be treated the same. We believe that our police officers, soldiers and veterans should be treated fairly, but they are not being treated fairly.

I repeat what I said in a recent debate in Westminster Hall, when I referred to terrorist atrocities committed in Northern Ireland and across this United Kingdom. They include the Kingsmill massacre, McGurk’s bar, the La Mon hotel bombing, Bloody Friday in Belfast, the M62 coach bomb, the Birmingham pub bombings, the Narrow Water atrocity, where members of the Parachute Regiment were cruelly cut down in cold blood, Droppin’ Well, the Grand hotel in Brighton, where the Provisional IRA attacked our very democracy, Newry police station, the Enniskillen war memorial, the Lisburn fun run, the Ballygawley bus bomb, Shankill road, Greysteel, Loughinisland, Canary Wharf, Omagh and many others that I will not list but that were equally atrocious. No one can ever sanitise this horror and inhumanity. No rewriting of history will allow the exoneration of the evil men and women who went out to commit these atrocities in cold blood. These were acts of terrorism, and they can never be regarded as anything but.

I support the efforts to bring a real and lasting peace to my country. My comrades and colleagues here, some of whom served in our armed forces and some of whom have seen constituents cut down in cold blood, want to see a meaningful, lasting peace in Northern Ireland. We want that for the next generation, as well as for our own, but as a former soldier of the Ulster Defence Regiment, proud to have served in that regiment, the largest regiment of the British Army, which fought alongside other military units, alongside the Royal Ulster Constabulary, with great courage and at a huge cost, during the longest-running military operation in the history of the British Army, Operation Banner, I believe we owe it to those men and women to protect them.

[Sammy Wilson (East Antrim) (DUP)]

Is my right hon. Friend disturbed by the comments attributed to Justice Weir, who is looking at some of these legacy cases, in which he talked about the UDR as having been set up simply to prevent its members from doing worse things in society?

[Sir Jeffrey M. Donaldson]

I am a former member of the UDR. My father served for over 25 years in that regiment. My brother also served in it. Comrades I patrolled alongside were cut down in cold blood by the Provisional IRA. I feel deeply insulted by the suggestion from a Justice of the High Court of Northern Ireland that somehow the raison d’être of the UDR was to keep people out of trouble. My only motivation was to stop trouble, to bring to book those engaged in trouble and to protect the community, including Mr Justice Weir and all those who were the targets of terrorism.

My party is not prepared to stand back and see our former comrades vilified. We are not prepared to stand back and see the security forces and the police hounded for serving their country. Standing in the gap between democracy and tyranny, they defended us; now, we must defend them.

--- Later in debate ---

[Ms Margaret Ritchie (South Down) (SDLP)]

I acknowledge with deep regret the attempted murder of a police officer in Derry yesterday, in the constituency of my hon. Friend the Member for Foyle (Mark Durkan). I apologise for my hon. Friend’s non-attendance today, and for the non-attendance of my hon. Friend the Member for Belfast South (Dr McDonnell); they are both in Dublin at the Good Friday agreement committee. In fact, the Exiting the European Union Committee is meeting various Oireachtas committees in Dublin today on the issue of Brexit.

It is important that I, on behalf of the Social Democratic and Labour party, say that we always renounced violence from wherever it came, because violence was always wrong during all the period of the troubles, as it is wrong now. There was never any justification for that level of terrorism, violence and murder, because all it did was leave pain, destruction and mayhem—it took us so many years backwards— but there was an opportunity through the Good Friday agreement, which is perhaps where I disagree with Democratic Unionist party Members. We have come together, with respect for political difference, on power sharing and working together on the issues that matter to the people.

I hope that, on the far side of this election, there is an opportunity to restore the political institutions and that there will be parallel negotiations to deal with the outstanding issues that seem to drag us down and to give people excuses, both in Sinn Féin and the DUP, not to allow the institutions to be fully functional. I say to all of them that the people on the doorsteps over the past few weeks say, “We want political institutions. We want faith in those institutions. We want them working, and we want them delivering for us.”

Health waiting lists are spiralling out of control; education, budgets have not been agreed for schools on a rolling three-year programme; and we need investment in our economy, our jobs and our tourism. Young people want to see hope, they want to see a future and they want to see a reason for remaining in Northern Ireland.

The SDLP agrees that the processes on investigations, prosecutions and legacy cases must be balanced and fair. The way in which we deal with the past in Northern Ireland must be shaped and guided by terms set by victims and survivors, with truth and accountability to the fore.

All the parties in Northern Ireland agree that amnesty should not be the basis for dealing with the past—that was the subject of the Haass negotiations and the subsequent Stormont House agreement. There are a number of ongoing inquiries, but they are in the form of inquests, as opposed to the pursuit of possible prosecutions. Prosecutions, like inquests, bring closure and justice to families, as with the ongoing case of Loughinisland, which the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) mentioned. The people involved were my neighbours and friends, and some of them were indirectly related to me. They still await justice. The Police Ombudsman’s report has been published, and it refers to a significant element of collusion by the then Royal Ulster Constabulary. Those issues need to be addressed, and there needs to be closure for the families, because truth and accountability are particularly important.

I also think of the families of Whitecross—the Reavey brothers—and of Kingsmill, where many men were killed. All those people, right across the community, deserve justice. Many soldiers and many policemen were also killed, and I think of what happened to the Ulster Defence Regiment men on the Ballydugan Road in Downpatrick back in 1990—I remember well seeing the smoke rising from a large crater in the ground on that Monday morning, with some six men dead. I remember my predecessor going to the scene and, as with Loughinisland, what he saw should never be repeated.

I firmly believe that no one in this House, or outside it, should be above the rule of law, and we must remember that. The rule of law must prevail, which means that the Government have to be careful. I say to the Secretary of State and his ministerial colleagues, both in the Cabinet and on the Front Bench, that we must support the judicial system and ensure that it is respected.

The shadow Minister, the hon. Member for Ealing North (Stephen Pound), has mentioned the PSNI’s statistics, which I have seen, and I would caution that the assistant chief constable, Mark Hamilton, who has direct responsibility for the matter, said on 2 February:

“I do understand that there is a public perception that there is a disproportionate focus on military cases but they form part of what we are doing… I have a full team”—

the four teams—

“who are doing reviews against a list of cases, at the minute, none of those are military. I’ve a full team working on the On The Runs review and that doesn’t relate to the military at all.”

That is a cautionary word. We must take everything proportionately, and we must ensure that there is fairness and balance in everything.

Ultimately, we must ensure, as the Secretary of State said at oral questions, that the election campaign is conducted in a manner that allows for the speediest return to partnership government. I question—I say this also to the DUP—holding this debate during an election period. Does that impinge upon the purdah period? I see other elements, with Sinn Féin Ministers making announcements. I was once a Minister during an election period, so I know that making such announcements was not possible in previous years.

[Sir Jeffrey M. Donaldson]

The timing of this debate was agreed with the Government Chief Whip long before there was any sense of an election in Northern Ireland, and long before the election date was set. As Members of Parliament, we should not be impeded in carrying out our duty to represent the people who elected us to come here because there is an election to a devolved Assembly, any more than the hon. Lady’s colleagues, who are in Dublin today to take part in political activity in another jurisdiction, should be impeded.

[Ms Ritchie]

I note what the right hon. Gentleman says, but I will conclude because I realise that other Members want to speak. We respect and uphold the inquest system. We make no apologies for that, and we defend the current system when the Government make any attempt to move against it for their own convenience. I felt that the Prime Minister was particularly partisan yesterday, especially in an election period when we need to be even, balanced and fair.

I look forward to the other side of the election, when we have the political institutions up and running and when we have the parallel negotiations. We need no interregnum. Work needs to continue, and we need to be seen to be delivering for people with a sound Government.

Northern Ireland Assembly Election

Jeffrey M Donaldson Excerpts

Tuesday 17th January 2017 Commons Chamber

[James Brokenshire]

Absolutely. I can give that assurance to my hon. Friend, because Northern Ireland has seen so much success in terms of foreign direct investment; I believe it is the region with the greatest foreign direct investment outside the City of London, which underlines the huge potential that I see and the huge ability for Northern Ireland to continue to flourish and do so much more. We absolutely will continue to underline that message.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

May I echo the comments made by the hon. Member for Belfast South (Dr McDonnell)? He and I, and many others in this House, have worked hard to bring the peace process to where it today, and we have taken risks, and I despair of where we are just now. May I say to the Secretary of State that if he is going to sit on his hands for the next six weeks and do nothing about the current crisis, he can forget getting devolution up and running three weeks after an election? I support the suggestion made by the hon. Gentleman, for which there is cross-community support: let this Government get on with holding the public inquiry on the RHI scheme that Sinn Féin has blocked.

[James Brokenshire]

The Government will continue to do all they can to support the parties in finding their way through to a resolution. As I have indicated in answers to previous questions, I remain open to considering issues that command cross-community support in order to find answers and get to the root of the issues in respect of the RHI inquiry. I will continue to hear the points that are made on a cross-community basis because, ultimately, whatever is done must command confidence and support in Northern Ireland if it is to be successful.

Stormont House Agreement: Implementation

Jeffrey M Donaldson Excerpts

Tuesday 10th January 2017 Westminster Hall

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

I beg to move,

That this House has considered implementation of the Stormont House Agreement.

It is a pleasure to serve under your chairmanship, Mr Pritchard. I know you have taken an interest in these matters over the years. I welcome colleagues who have taken time out to attend the debate, including the Minister. I look forward to his response.

Although policing and justice issues are now devolved to the Northern Ireland Assembly and Executive—at least for the next few weeks—the legacy of our troubled past remains a matter for this Parliament and the Government of the United Kingdom to deal with. Let me remind colleagues that, during what we call the troubles in Northern Ireland, there were more than 3,500 deaths, of which more than 2,000—60%—were murders carried out by republican paramilitaries, mainly the Provisional IRA. More than 1,000 murders were carried out by loyalist paramilitaries, amounting to 30% of the overall total. British and Irish state forces were responsible for 10% of deaths during the troubles, almost all of which occurred as a result of entirely lawful actions, where police officers and soldiers acted to safeguard life and property. Let me restate that for the record: the paramilitary terrorists were responsible for some 90% of the deaths in the troubles, and state forces on both sides of the border for 10%. I want hon. Members to hold that statistic—that fact—in their minds during this debate. I apologise to colleagues, because this is a very complex issue and I need to take some time to go through the background and the issues we are still dealing with in Northern Ireland.

There are some 3,000 unsolved murders in Northern Ireland linked to our troubled past. What a terrible legacy that is—one of pain, loss and in many cases a deep sense of injustice. It is a well-accepted principle that in a democracy no one should be above the law and yet, as will become clear from my remarks, there appears to be one rule for those who have served our country and the Crown and another for those whose objective was to destroy it. Unfortunately, those legacy issues were not adequately addressed, never mind resolved, in the Belfast agreement on Good Friday 1998.

Instead, in that agreement, the Government of the day agreed to release early from prison those prisoners sentenced for offences linked to the troubles in Northern Ireland and who were members of a terrorist organisation on ceasefire, in support of the peace process. In effect, the terrorists who had been found guilty of crimes including murder were released from prison after serving only two years in jail. For many of them, that was the limit. They included, for example, the notorious Shankill bomber, from the constituency of my right hon. Friend the Member for Belfast North (Mr Dodds). Sean Kelly was convicted by the courts in Northern Ireland of the murder of nine innocent people in a bomb explosion on Shankill Road in Belfast. He was sentenced to nine life terms in prison, but under the terms of the Belfast agreement he was released early, having served less than one year for each life that he destroyed.

In addition, and beyond the terms of the agreement, in September 2000 the then Secretary of State, Peter Mandelson, announced that the Government would no longer seek the extradition of Provisional IRA prisoners who had escaped from prison, including several who escaped from the Maze prison in my constituency in 1983. They were allowed to return home; they were no longer sought to be brought back and put in prison, where frankly they belonged. They included convicted terrorist Dermot Finucane—the brother of the late Pat Finucane, about whom we have heard a lot in the past—who was the former head of intelligence and the head of southern command of the Provisional IRA. He was a very senior figure in the Provisional IRA, and he escaped from prison and was allowed to return home. Kevin Barry Artt, who was convicted of the murder of the deputy governor of the Maze prison, escaped and yet was allowed to return home without having to go back to prison. I could go on with the list of the concessions that have been made to Sinn Féin and the IRA over the years in relation to those who were convicted of, or are alleged to have committed, very serious crimes.

In 2001, the then Labour Government sought to extend that further to introduce an amnesty for all members of terrorist organisations on ceasefire. On 4 May 2001, the then Secretary of State for Northern Ireland, Dr John Reid, wrote to the Prime Minister, Tony Blair, and said:

“In the Hillsborough statement of 8 March we accepted publicly for the first time that it would be a natural development of the Early Release Scheme to discontinue the prosecution of pre-Good Friday Agreement offences allegedly committed by supporters of organisations now on ceasefire.”

Crucially, Dr Reid went on to say that the proposals, which would be enacted into legislation,

“should exclude members of the security forces from the amnesty arrangements”.

In other words, a terrorist who had committed crimes, including murder, before the 1998 agreement would be granted an amnesty, but a soldier or a police officer alleged to have committed an offence would not be the beneficiary of such an amnesty. Thankfully, through parliamentary opposition, that reprehensible scheme was defeated and the secret deal that had been done was thwarted.

But it did not stop there. Having been frustrated in that attempt to bring in an amnesty for terrorists, the Government of the day did another secret deal, issuing letters to paramilitary prisoners and suspects wanted for questioning about terrorist offences to say, “You may now return home. The police will no longer question or arrest you in connection with offences committed before 1998.” We did not know of the existence of that scheme, and it was only finally exposed when John Downey was brought before the courts here in London on charges linked to the murder of four soldiers in the Hyde Park bombings of 1982. What happened? Downey produced his letter—that “get out of jail free” card—and the courts threw out the case against him. He was allowed to walk free, without being prosecuted for the offences he is alleged to have committed.

[Richard Benyon (Newbury) (Con)]

When I was serving in Northern Ireland, my regimental band was blown up in the Regent’s Park bombing on the same day. A few hours later, I took a patrol out in the New Lodge area of Belfast, as the news of the bombing was coming through. The soldiers under my command showed unbelievable restraint in the face of taunts about that terrorist incident. Does the right hon. Gentleman understand the feelings of the people who showed that restraint, day in, day out, only to see now a one-sided judicial process that could take people of that era—people of my age and older—into court for alleged crimes committed during that period?

[Sir Jeffrey M. Donaldson]

Yes, I do understand entirely the strength of feelings. I have many comrades with whom I served in the Ulster Defence Regiment in Northern Ireland, and they are daily subjected to headlines in our local newspapers such as “Off the hook” over pictures of convicted terrorists. The hon. Gentleman can imagine how my comrades feel too, having put their lives on the line to bring some of those people to justice. Similarly, members of the Royal Ulster Constabulary, who went out to investigate the crimes, now find that the people they put behind bars can walk free, some of them as the result of the use of the royal prerogative of mercy.

As the result of a report prepared by Lady Justice Hallett into the on-the-runs issue, the Secretary of State of the day, the right hon. Member for Chipping Barnet (Mrs Villiers), told the House of Commons in a statement in 2014:

“The Government…will take whatever steps are necessary, acting on the basis of legal advice and in conjunction with the police and prosecutors, to do everything possible to remove barriers to future prosecutions.”—[Official Report, 17 July 2014; Vol. 584, c. 1041.]

She was referring to the future prosecution of terrorists. Since that statement was made, I am not aware of a single terrorist suspect being brought before the courts in Northern Ireland in relation to those matters. The Secretary of State also identified 36 priority cases highlighted in the Hallett report. Those were to be the subject of a review by the legacy investigation branch of the Police Service of Northern Ireland. Will the Minister tell us in his response what has happened to those 36 priority cases that were to be reviewed? Are the suspects still wanted for questioning, or have they been told, “No, you’re okay, we don’t need to talk to you”?

I want to highlight a case that I find particularly appalling. Kieran Conway is a self-proclaimed member of the Provisional IRA from Dublin. He claims that he was a senior intelligence officer at the time of the 1974 Birmingham pub bombings, in which 21 innocent people lost their lives. Conway asserts that he is aware of the identity of some of the IRA members involved in that mass murder, but he has refused to disclose that information. In addition, Conway admitted that he had been involved in a number of shooting incidents, perhaps as many as 100. He claims that a number of British soldiers were killed in some of those shooting incidents that he witnessed.

Kieran Conway is so confident that the UK authorities will not pursue him that he has written and published a book setting all that out and putting it in the public domain. Not only that, but he has appeared on the BBC “HARDtalk” programme, openly boasting of his involvement in those crimes. Has Kieran Conway been arrested and questioned about the claims he makes in his book and has broadcast on other media? No, he has not—far from it. Today, Kieran Conway is a solicitor in Dublin, who acts on behalf of so-called dissident republican suspects in the Special Criminal Court. Imagine the conversations that Mr Conway has with his clients—“Don’t worry, boys. One of these days the Brits will cut a deal with you too. Just keep on doing what you’re doing, just like I did, and I’m walking the streets and advising clients how to evade justice.”

Soldiers and veterans look at all of that and they think, “What is going on?” We know is going on: veterans of our armed forces are getting the knock on the door early in the morning. They find a large number of police officers outside their homes; their homes are invaded and searched. The veterans, sometimes just out of bed, are marched off to a police station, subjected to cross-examination and interrogation about crimes that occurred sometimes 20 or 30 years ago. Those are the men and women who served our country, who put themselves on the frontline and who were prepared to go out and face the terrorists; today, they are waiting again for the knock at the door.

[Dr Andrew Murrison (South West Wiltshire) (Con)]

I hesitate to interrupt the right hon. Gentleman, because he is making a powerful speech, and I congratulate him on it. Given the number of years that he has cited—20, 30 or 40 years—does he agree that if we accept this principle about harrying and pursuing members of the armed forces, then there is no reason to stop there? Some of my constituents who served in Cyprus and Korea, or even further back, are saying, “In the fullness of time, perhaps we will be questioned about what we got up to, under the rules and norms of today rather than those that applied at the time.”

[Sir Jeffrey M. Donaldson]

As a former Minister in the Northern Ireland Office, the hon. Gentleman worked with me and others on such legacy issues, so he is well aware of the background to the situation. He is absolutely right. Earlier in the main Chamber, some of our colleagues made the point about what impact this might have on our ability to recruit men and women into our armed forces today. Would not a young 18-year-old looking at a career in our armed forces think twice about serving a country that might let them end up in the dock, simply for doing the job and protecting the community? That is a huge question that we need to ask of the Government. What is going on?

[Danny Kinahan (South Antrim) (UUP)]

I congratulate the right hon. Gentleman on bringing the debate forward and on making his points so powerfully. Does he agree that evidence that is 20, 30 or 40 years old will be hard to rely on? We should be putting cases away unless there is new evidence. What really bothered me was that when I met a member of the police the other day, he said, “There are new ways of looking at evidence.” If there are new ways of looking at evidence, there is a threat that we will look at everything again. We simply cannot do that. Does the right hon. Gentleman agree?

[Sir Jeffrey M. Donaldson]

I thank the hon. Gentleman, himself a veteran, for his intervention.

Let me remind hon. Members of the price that our security forces paid in Northern Ireland for the service that they provided to our country: 520 Army, Royal Navy and Royal Air Force regulars, reserves and veterans murdered by terrorists; 243 from the Ulster Defence Regiment and Royal Irish Regiment, or their veterans murdered by terrorists; 325 from the Royal Ulster Constabulary or other constabularies throughout the United Kingdom and retired police murdered by terrorists; and 26 prison officers and former prison officers murdered by terrorists. That is more than 1,100 men and women in the service of the Crown who were murdered by terrorists, alongside countless others seriously injured and left to bear the mental and physical scars of that reign of terror. That is the legacy of the service provided by the men and women of our armed forces and police services in Northern Ireland.

Evidently, little effort has been made to bring to justice those responsible for those heinous crimes. I repeat, because it bears repeating: 90% of the deaths in the Northern Ireland were not caused by the Army, the police or anyone connected with the Crown; they were carried out by illegal terrorist organisations. Yet where is the pursuit of those people? The victims of these crimes cry out for justice. Where is the justice for them?

The Chief Constable, in fairness to him, established the Historical Enquiries Team, which was tasked with re-examining all the unsolved murders connected with the troubles in Northern Ireland. To a certain extent, that was a paper exercise. The team’s only remit was to review the previous police investigations; it did not have police powers to pursue investigations. When that team was wound up, its role passed to the legacy investigation branch of the Police Service of Northern Ireland, which is where it currently sits. The reality today is that 90% of the resources of the legacy investigation branch—I stand open to challenge on this—are devoted to investigating 10% of the deaths during the troubles, and 10% of its resources are devoted to investigating 90% of the deaths. Where is the equity in that? Where is the fairness in a system that produces such a result?

[Mr Gregory Campbell (East Londonderry) (DUP)]

I congratulate my right hon. Friend on securing this very timely debate. Does he agree that there is no comparison between former service personnel who served in Northern Ireland, who may in the vastly distant past have been engaged on patrol when whatever happened—whether it was an oversight, a misjudgment or a split-second decision—resulted in injury or death, and whose actions account for many of those 10% of deaths, and the deliberate, premeditated murders of the terrorists? That is what annoys and angers many personnel who served in the ’70s, ’80s and ’90s.

[Sir Jeffrey M. Donaldson]

I thank my hon. Friend for that well-made intervention. Two former members of the Parachute Regiment have recently been charged in connection with the shooting of an IRA commander in Belfast in 1972—one Joseph McCann from the Markets area of Belfast. Those two veterans are aged 67 and 65. A 75-year-old veteran, who previously served in the Life Guards, has also been charged with the attempted murder of a man in County Tyrone in 1974. Those cases will soon appear before the courts, yet people do not, when they open their newspapers every day, see the terrorists who are responsible for the vast majority of the murders coming before the courts.

[Claire Perry (Devizes) (Con)]

The right hon. Gentleman knows why I was not here at the start of the debate, and I am grateful to him for his courtesy. Does he agree that exactly the sorts of cases that he cites are having a chilling effect on men and women serving in the Army, who look at that opportunity for a career and say, “Why on earth would I do this?” Can he also tell us why this is happening now? My understanding is that these cases were properly identified and investigated at the time. Why is there partisan pressure now to reopen what was dealt with quite properly in the past?

[Sir Jeffrey M. Donaldson]

I thank the hon. Lady for her intervention.

[Mark Pritchard (in the Chair)]

Order. The hon. Lady is an experienced former Minister. She has only just arrived. The debate is very over-subscribed; we will probably be down to two minutes for the six or seven Members who wish to speak.

[Sir Jeffrey M. Donaldson]

I will move to my final point, Mr Pritchard, which I feel is important, but I will first address why this is happening now. I think it is because we have had a number of inquiries, which resulted in the creation of the legacy investigation branch. For example, cases linked to the Saville inquiry have been re-examined, cases have been referred by the coroner in Northern Ireland that were previously referred by the Attorney General, and cases have also been referred by the Police Ombudsman for Northern Ireland to the legacy investigation branch. A combination of all those things in recent years has resulted in what we are now seeing. I agree entirely with the hon. Lady’s point.

[Sammy Wilson (East Antrim) (DUP)]

Does my right hon. Friend accept that despite the imbalance that he has well documented, Sinn Féin are still not happy? Indeed, the crisis in Northern Ireland is driven by their desire to get even more soldiers in the dock and even more security documents in the open, so that they can rewrite history. The Government ought to resist the blackmail that the people of Northern Ireland and the Government here at Westminster are being subjected to by Sinn Féin.

[Sir Jeffrey M. Donaldson]

My hon. Friend makes a powerful point, to which I need not add.

[Ms Margaret Ritchie (South Down) (SDLP)]

Does the right hon. Gentleman agree that many people who died in the troubles—all murders and killings were wrong—who were not members of the armed forces were innocent civilians? I can think of many of my own constituents. Will he relate that to the Stormont House agreement, which this debate is supposed to be about?

[Danny Kinahan]

rose—

[Sir Jeffrey M. Donaldson]

I will take one final intervention.

[Danny Kinahan]

I just want to make the point that Corporal Major Hutchings, whom we heard about earlier, was today refused bail to go on a cruise with his wife so that his health could get better. That shows the lopsided nature of what is going on.

[Sir Jeffrey M. Donaldson]

I thank the hon. Gentleman for that further intervention. The hon. Member for South Down (Ms Ritchie) is absolutely right about the murder of the innocent. As my hon. Friend the Member for East Antrim (Sammy Wilson) said, republicans are trying to rewrite the history of the troubles. They want to portray the security forces as the bad guys, and they want to be portrayed on the side of good. But let me be clear: whether it was the massacre at Kingsmill, McGurk’s bar, La Mon, Belfast’s Bloody Friday, the M62 bombings, Birmingham, Narrow Water, Droppin’ Well, the Grand Hotel in Brighton, Newry police station, Enniskillen war memorial, Ballygawley, Shankill Road, Greysteel, Loughinisland in the South Down constituency, Canary Wharf or Omagh, no one can ever sanitise the horror, the inhumanity and the sickening murderous depravity of those acts of terrorism. They cannot rewrite the history of what they did to the people of Northern Ireland and others.

Two years ago, we reached an agreement in Stormont about the legacy issues and several new institutions were proposed, including an historical investigations unit that would have full police powers to revisit the unsolved murders. The main impact of the establishment of that unit would be that the murders committed by the terrorists would finally be subjected to proper scrutiny and reinvestigation, and the innocent victims that the hon. Member for South Down referred to would have the opportunity to have their cases re-examined to see whether there was the prospect of prosecution and people being brought to justice. I accept the point that the hon. Member for South Antrim made about getting evidence for cases from so long ago.

The Stormont House agreement is there. There is currently an impasse between Sinn Féin and the Government on national security. Sinn Féin are demanding that this Government fully disclose in the public domain everything that happened, which would mean that if the Special Air Service had carried out an operation in Loughgall and shot members of the Provisional IRA who were exploding a bomb outside a police station, all that the SAS did—all the rationale, all its modus operandi and all the military planning that went into that operation—would be out in the public domain. How could we ever counter terrorism again if we put in the public domain the very methods that we use to detect what is happening and safeguard life? It is a nonsense that a former terrorist organisation should have the right to demand that a lawful Government put that information in the public domain.

The Government must hold the line on national security; further, they should act now. They need to proceed with the Stormont House agreement. They need to implement the historical investigations unit. We have waited long enough. It has been two years since the agreement. Why are we allowing Sinn Féin a veto over the investigation of the murder of innocent people, soldiers and police officers? We owe this to those people and their families. I urge the Minister: please, let’s get on with it. Let’s do the right thing. Let’s investigate these murders. Let’s give the people the opportunity for justice.

[Several hon. Members rose—]

--- Later in debate ---

[Sir Jeffrey M. Donaldson]

I will be very brief. I thank the Minister for his response and thank other right hon. and hon. Members who have contributed to the debate this afternoon. Let me be clear, Mr Pritchard. As a former soldier, like a number of colleagues who have spoken, I am not prepared to stand back and see my former comrades vilified and hounded for serving their country and standing in the gap between democracy and tyranny. They defended us, and we must defend them. Peace is a noble cause, but when peace means the denial of justice and becomes the oppressor of the innocent, it is less noble.

I can do no better than quote the words from a tribute poem written by Shane Laverty, who was 10 years old when his 18-year-old brother, RUC Constable Robert David Laverty, was murdered by the Provisional IRA on the Antrim Road in Belfast on 16 July 1972. He was sitting in a patrol car, travelling down the road. I finish with this:

“Remember me. For I cannot pass this way again and memories are all you can have. Unlike those who put me here. Was it I who broke the law or they? Yet they live to fight another day.”

We owe it to Constable Robert David Laverty, his family and all those who served our country as police officers and soldiers to stand by them, to stand with them and to ensure that there is proper, proportionate justice.

Question put and agreed to.

Resolved,

That this House has considered implementation of the Stormont House Agreement.

Northern Ireland: Political Developments

Jeffrey M Donaldson Excerpts

Tuesday 10th January 2017 Commons Chamber

[James Brokenshire]

There are no amnesties. We have been clear on that in relation to the “on-the-runs” scheme, and Lady Justice Hallett’s report concluded in 2014 that these things never amounted to an immunity from prosecution. But my right hon. Friend makes a broader point about the need for a proportionate and balanced approach to legacy to ensure that all aspects are investigated properly, rather than by looking at one side rather than the other. That is precisely the approach that can be taken forward through the Stormont House agreement.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

We will have a debate later in Westminster Hall on this very subject. May I say to the Secretary of State that if we are going to have more talks, let us deal with this issue once and for all? It is unacceptable that veterans of the armed forces who served the Crown are waiting on the knock at the door, while the terrorists walk free.

[James Brokenshire]

I know the interest that the right hon. Gentleman has taken in this issue of legacy over many, many years. I agree that it is totally unfair that the alleged misdeeds of soldiers and former police officers should be investigated, while perpetrators of terrorist atrocities are ignored and their victims forgotten. It is precisely that part that was reflected in the proportionate, balanced, fair and equitable stance taken in relation to the Stormont House agreement; this is why we have been continuing discussions on that very issue and why I am determined that we will move to a public phase so that we can take that forward.

Oral Answers to Questions

Jeffrey M Donaldson Excerpts

Wednesday 7th December 2016 Commons Chamber

[James Brokenshire]

I think that we have made significant progress. Considering the position this time last year, there have been important steps forward, but there are still additional steps to be taken, including the establishment of an independent fiscal council to publish an annual report on the Executive’s finances and to give further assurance on progress.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

May I associate myself and my colleagues with the tributes paid to Austin Hunter and to Danny Murphy?

Will the Secretary of State give an assurance that he will not allow the Stormont House and “Fresh Start” agreements to be unpicked? Crucially, in relation to legacy issues, will he hold fast on national security and not allow those who want to rewrite the history of the past to do so?

[James Brokenshire]

I am very clear on the need to continue to make progress in relation to Stormont House and “Fresh Start”. There have been significant steps forward. Equally, though, I will not be party to a rewriting of the issues of the past, and that is why a proportionate approach is required.

Oral Answers to Questions

Jeffrey M Donaldson Excerpts

Wednesday 26th October 2016 Commons Chamber

[James Brokenshire]

I entirely agree. There are very strong relationships and connections between An Garda Síochána and the Police Service of Northern Ireland and other UK Government agencies. Those have been and will continue to be really valuable and we are determined to maintain them.

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

A number of institutions have been established for discussing these matters with the Government of the Irish Republic, including the North South Ministerial Council and the British-Irish Parliamentary Assembly. Will the Secretary of State ensure that those are the bodies through which discussions take place, and not some ad hoc arrangement?

[James Brokenshire]

The right hon. Gentleman rightly highlights the structures that have been in place since the Belfast agreement, such as the North South Ministerial Council and the British-Irish Council, which will meet again in a few weeks. They are really important and valuable structures that can and will be used in supporting the negotiations ahead; there is of course the new Joint Ministerial sub-committee as well.