(3 days, 21 hours ago)
Commons ChamberI genuinely respect the hon. Lady and the work that her Committee does, and she will remember that I was at that Westminster Hall debate. I must respectfully say that my outrage is not faux; I feel this very deeply. I have spent a lot of time talking to the people who are affected by this.
When the peace process was going through, when Labour was in power, it had no problem at all with creating immunity, and in 2005—as the Secretary of State will remember, because he was in the Cabinet at the time—Peter Hain, the then Secretary of State, brought forward a Bill that would have given immunity to terrorists, and terrorists alone. It was removed only when, under pressure from the Conservative party, the Government agreed to introduce immunity for veterans and Sinn Féin pulled its support, so the Government pulled the Bill.
Immunity is one of the things on which the peace process was founded, yet now in government, the Labour party has forgotten all about this and said it cannot possibly apply to anyone again. The Labour party has said that it cannot support immunity, and yet it used to. Similarly, the Government have said that they cannot support our legislation on the grounds that there was no support for it in Northern Ireland, but I am afraid that by that criterion this legislation has also failed, because where is the support for it in Northern Ireland? It is not there among Northern Ireland Members, and it is not on the streets of Belfast. This is an unloved Bill. There are lots of people who appreciate that this is the wrong way of going about things.
One thing that really concerns me is that this carry-over motion has been pressed by the Irish Government. That absolutely boggles my mind. The double standard is entirely shocking. The Irish Government need to be held to account for their role in protecting IRA murderers across the border. We think of all those ones who were murdered: Kenneth Smyth, my cousin; Daniel McCormick, his comrade; Lexie Cummings, and Stuart Montgomery. They were just four, but there were many, many more. Whenever there were murders, the murderers raced across the border. Does the hon. Gentleman share my anger on behalf of my constituents and my family, who want to know why the Irish Government have more say in this than the victims of Northern Ireland, my family and others?
My hon. Friend always speaks incredibly powerfully on this point.
The Government have also argued that our Bill was found to be incompatible with human rights legislation, but that is only partly true. The truth is that the Government failed to challenge the findings in the courts, and those findings themselves were highly questionable. There are high-level, highly credible legal arguments that show that the legacy Act may well have not been incompatible, precisely because the same logic around immunity had been used in 1998. So unless we are prepared to say that the legislation passed during the peace process is itself potentially incompatible with human rights law, the argument on the legacy Act falls. This is what is being considered in the case of Dillon before the Supreme Court now. The Government cannot argue that that legislation was incompatible with human rights, because they failed to see the process to its conclusion.
All of that has been made clearer and clearer over the lifetime of this law’s delay. In the time that it has taken the Bill only to get through its Second Reading, we have seen, starkly and painfully, regular real-life examples of the problems it will perpetuate. I will give a few small examples. In February, this House debated the terrible ruling in the Clonoe case. This was the case from February 1992, when four men—known terrorists armed with semi-automatic weapons and a Dushka machine gun capable of firing 600 rounds a minute at a range of 1,100 yards—attacked a Royal Ulster Constabulary police station and were in transit to commit further crimes. They were confronted by members of the armed forces, who killed them. Those terrorists called themselves an army, carried weapons of war, sought to kill and operated entirely outside the bounds of any law, yet we were asked to believe that the use of lethal force against them was not justified. I am afraid that that case is now being challenged, and the men involved are being subject to unjust and unfair scrutiny of decisions they made in a split second, decades ago. Nothing in the amendments that the Secretary of State has discussed with the press will do anything about that.
In November, we debated the findings in the case against Soldier F from Bloody Sunday. He was found not guilty after the longest and most intricate inquiry in British legal history. Indeed, Judge Patrick Lynch told Belfast Crown Court that the evidence even then fell “well short” of the standard required. He said:
“A 53-year-old statement cannot be cross-examined, nor can I assess the demeanour of a sheet of A4 paper”.
The House must see again that it is becoming vanishingly difficult to get convictions, because the 1998 agreement was 27 years ago and the ceasefire began 31 years ago. Nothing in the Secretary of State’s proposed amendments or in this Bill will do anything to right that situation.
Several times the case of Soldier B, a former SAS officer, has been raised in the Commons. In October, the case was thrown out by a court in Belfast, where the judge described it as “ludicrous” and said it should never have come to his court—but not before the man in question had been investigated for four years. A further challenge was then mounted despite the judge having said it was “ludicrous”, and only recently has the veteran in question been freed from the weight of that.
I am afraid that if the Government’s Bill goes ahead, we will see a return to this repeat investigation of innocent men who will be dragged through the courts, and then at the end the legal cavalcade will move on, leaving them bearing the emotional burden of being investigated for having done nothing wrong. Nothing that has been speculated about in the press this weekend will do anything to right that wrong.
(2 months, 3 weeks ago)
Commons ChamberMy hon. Friend makes an incredibly important point—one that is central to our considerations and to which I will return.
I have mentioned the conduct of Peter Mandelson while he was a member of the last Labour Government, and the Prime Minister’s judgment in appointing him, but I will also touch on Peter Mandelson’s conduct while he was our ambassador in Washington.
I commend the shadow Minister and the Conservative party for bringing forward this matter for consideration. What we are listening to and what is happening is absolutely incredible. May I suggest that the five years during which Mandelson was EU trade commissioner should be part of the investigation as well? A full investigation should include every t that was crossed and every i that was dotted by Peter Mandelson. That is what this House and this nation want.
The hon. Gentleman is entirely right. The more we pull on this thread, the more we seem to find. All Peter Mandelson’s dealings, as a politician and as a businessman, should now be laid out for the House and the country to consider.
(3 months, 1 week ago)
Commons ChamberI would have been very open to that idea, but I believe that the previous Administration did not feel that there was the opportunity to proceed in that way. If we are thinking about the future, I think what the hon. Lady proposes is a perfectly sensible idea.
The reason we do not trust the Irish Government on legacy issues is clear. It was a murder haven for years. Many people who committed murders, some of which we might hear about later, escaped across the border. How are we going to rebuild bridges without honesty about state collusion that included IRA terrorists and the Irish Government? Quite clearly, their hands are dirty. When it comes to the legislation, I want to see the same accountability for the Republic of Ireland Government, their Ministers and the Garda Síochána officers. My constituents have never had justice. I want to see justice for them.