Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Baroness Hoey and Baroness Suttie

Report stage
Monday 26th June 2023 Lords Chamber

[Baroness Hoey (Non-Afl)]

My Lords, when I asked a question about this some six months ago I was assured that something would be done to sort it—I think that was the word used—so I am very pleased to support the amendment in the name of the noble Lords, Lord Faulks and Lord Godson. I am pleased and waiting to hear what the Minister will say, because I am very hopeful now that this will get sorted and that we will not have to have a vote on it. It would be good if he were able to make it very clear that the legislation will definitely be amended, so that we get the result before Third Reading. I think it is useful to remind noble Lords; the noble Lord, Lord Howell, gave a very clear view of what things were like back in 1972.

In the judgment, Lord Kerr said that the law said that it had “to appear” to the Secretary of State that the person in question was suspected of organising terrorism. Ironically, the case of Gerry Adams was one where it could unquestionably have appeared to Mr Whitelaw that a custody order was appropriate; his personal consideration was just not recorded in the archives. I am sure that the Secretary of State knew, rather than suspected, that Adams was a key figure, because he had him flown over for negotiations with the IRA at Cheyne Walk in 1972, a year earlier. Lord Kerr also said that Mr Whitelaw should have been able to sign all such custody orders, as

“there was no evidence that this would place an impossible burden”

on him or be “unduly onerous”, given that Merlyn Rees, his Labour successor from March 1974, managed to.

I think this is a reflection of an unhistoric assertion lacking context, given the terrible violence outlined by the noble Lord, Lord Howell, of 1972 and 1973, let alone the logistics involving Ministers, one of whom had to be in England and one in Belfast. Furthermore, it took no account of the differing political circumstances involving Secretary of State Merlyn Rees, who was very keen to end internment and sought to minimise the number of orders being placed in front of him. In fact, internment ended a year later.

Noble Lords should also remember that the Supreme Court President, Lord Reed of Allermuir, in effect supported a correction when he spoke to the House’s Constitution Committee in March 2021. There he said, in response to the noble Lord, Lord Howell:

“I cannot say very much about the particular case because I did not sit on it myself. Lord Kerr wrote the judgment. The Lord Chief Justice and some other justices were sitting with him. I am well aware that it is a controversial judgment ... I really cannot remember the details of the case. From what you say, it sounds like a wayward judgment, in which case it will be put right in another case”.


I believe that this amendment and what the Government are now going to do are a valuable substitute for such another case at the Supreme Court, which could otherwise take years to appear.

[Baroness Suttie (LD)]

My Lords, when this amendment was introduced at a very late stage in Committee, I expressed concern that this is a complicated matter and should be examined in greater detail. While the amendment is focused on the specifics of the Supreme Court case in 2020, it is clear that the judgment might well have wider implications for the Carltona principle and therefore also for wider government.

I remain firmly of the view that this important matter requires deep and careful consideration; indeed, longer consideration than we have had between Committee and now. I think that is what the Minister said in his earlier meetings with the noble Lord, Lord Faulks. Will the Minister commit to taking this matter away for further discussions within and across government? Perhaps most importantly, will he endeavour to update this House on the decision well in advance of Third Reading?

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Baroness Hoey and Baroness Suttie

Report stage
Wednesday 21st June 2023 Lords Chamber

[Baroness Hoey (Non-Afl)]

My Lords, I support the Government’s intention to set a deadline on the issue of inquests. I oppose Amendment 110 because it is a—“wrecking amendment” is probably wrong because there are lots of things about this Bill that we all want to wreck, but the reality is that, without incorporating all inquests into the new body at some stage, it might as well not exist. We would see what I have mentioned before: lawfare would recommence with a vengeance at a very high cost, forcing reinvestigations that, if we are honest, would never occur or be enabled to occur here in England.

As it is, the ICRIR is already showing signs of becoming just a one-stop shop for reinvestigations of historic deaths currently or previously undertaken, as I mentioned on the previous amendment, by the PSNI’s legacy investigations branch, HET, the Police Ombudsman, Strasbourg, public or judicial inquiry, civil suits or inquests. The 50 or so currently outstanding promised inquests are almost all reopened ones that the courts, the DPP or the Attorney-General have decided were inadequate previously. Inquests were apparently being reopened according to two loose criteria: first, the usual one where collusion was alleged, such as Glenanne and Finucane; and, secondly, where the deceased was a terrorist but the command and control arrangements of the security forces were in question—in other words, once again only the state was being reinvestigated.

At the height of the Troubles, as we know, evidence gathering was next to impossible for fear of another death, so inquests tended to be brief, especially for the 700 murdered soldiers. It is worth remembering too that in the case of the IRA’s 1974 Birmingham bombing there was never an inquest.

Reopening has been granted when some new information has come to light after inspection of, for example, new files in the National Archives at Kew. Quite often the new information is not that compelling and, increasingly, judicial reviews do not succeed when the killings occurred up to 50 years ago. Judges accept that memories fade and become unreliable.

The Human Rights Act and thus the ECHR Article 2 procedure, much quoted in recent days by the Secretary of State, do not require deaths to be reinvestigated prior to its commencement in 2000. The Supreme Court has of course suggested that the cut-off date should be a decade earlier but certainly not the 1970s, so I think His Majesty’s Government are absolutely right on this and I oppose Amendment 110.

[Baroness Suttie (LD)]

My Lords, I shall speak in favour of Amendment 110, to which I have added my name. It would remove Clause 40 from the Bill and would have the effect of leaving the inquest system as it currently stands. I shall be extremely brief because the noble Baronesses, Lady O’Loan and Lady Ritchie, have made the case so powerfully in favour of the amendment.

The Minister will know that the victims’ commissioner, Ian Jeffers, is deeply concerned that removing the current inquest system would be an additional blow to families who have already waited decades for an inquest, and it is just not clear how and when the ICRIR will work to deal with them. Does the Minister agree that, when an inquest has begun and the preparatory work has been done, it seems inefficient and impractical to start a new process with new personnel?

Abortion (Northern Ireland) Regulations 2022

Debate between Baroness Hoey and Baroness Suttie

Tuesday 21st June 2022 Lords Chamber

[Baroness Hoey (Non-Afl)]

My Lords, I give my whole-hearted support to the amendment from the noble Baroness, Lady O’Loan, and thank her for tabling it. This is a free-vote issue, of course, and the proceedings here today are of huge interest to the people in Northern Ireland. There are not many controversial issues in Northern Ireland that can be defined as neither orange nor green and cannot be interpreted by anyone as sectarian. This is one such issue. On a lot of Northern Ireland political issues, I am sure I probably would not agree with the noble Baroness, Lady O’Loan, but this issue unites people across faiths and communities with different identities in Northern Ireland.

Up until 2019, as the noble Baroness, Lady O’Loan, has said, Northern Ireland had the right to decide its own laws on abortion. Then, some politicians here in Westminster decided that they could overrule the hard-won devolution settlement, and their campaigning was pretty tireless. But for me, this goes to the heart of whether devolution is to be meaningful. The Belfast/Good Friday agreement is meant to be the basis of all political decisions in Northern Ireland, and these regulations—and indeed the whole way the abortion debate has been handled by the Secretary of State—are, I believe, driving a coach and horses through that agreement.

I hope that Members of your Lordships’ House will actually take away the word “abortion” and not talk about abortion itself and their own personal views on the rights and wrongs of abortion, because this is much more fundamental. This is a fundamental constitutional change being proposed by regulation. The Secretary of State presented the regulations in the other place as changing the Northern Ireland Act in a limited and specific way, but that is simply not the case. These regulations set a precedent. They go right against the constitutional guarantee and give the Secretary of State power to make any decisions he sees fit, ignoring the will of the people of Northern Ireland.

Back in 2018, the Secretary of State said:

“it would not be appropriate for Westminster to seek to impose its will, or to be the arbiter of an issue that has long been devolved to the people of Northern Ireland.”—[Official Report, Commons, 5/6/18; col. 220.]

What happened? Why has he changed his mind? He has done a complete U-turn, and perhaps the reason is that he was being held prisoner by so many women actively campaigning on this issue. Now he wants to be the Minister of Health in Northern Ireland, or perhaps the Permanent Secretary of the Department of Health.

I genuinely think that the way this whole issue has been handled is shameful, and even more shameful when there are so many other crucial issues in Northern Ireland that the Government have chosen not to push forward. When it suits Her Majesty’s Government, they want devolution and they believe in devolution. When it does not suit them, they take away devolution, and that is what this is about today. Forget the issue of abortion: this is about the constitutional sabotage of devolution and the 1998 Act.

[Baroness Suttie (LD)]

My Lords, I speak in favour of the regulations before us this afternoon. As others have said, abortion is always a complex and highly emotive issue that is ultimately a matter of conscience for noble Lords. But in the debate this afternoon I think it is important to try to hold on to the facts and acknowledge why we are once again having to debate these issues. As the Minister set out in his opening remarks, we are debating these regulations because the Northern Ireland Department of Health has failed to make progress on implementing the 2020 regulations.

The 2020 regulations sought to bring Northern Ireland in line with the rest of the United Kingdom on reproductive rights for women and to ensure that the whole of the United Kingdom met its international requirements through CEDAW. I am very pleased that the Minister acknowledges the importance of adhering to our international legal obligations. In essence, we are debating two issues: the United Kingdom’s adherence to international treaty obligations, and the provision of equality of access for women in Northern Ireland to the same levels of reproductive healthcare as women can access in the rest of the United Kingdom.

For those colleagues who are concerned about the potential impact of these regulations on the devolution settlement in Northern Ireland, as a very firm believer in devolution, I believe that these are an exceptional set of circumstances that should not create a wider precedent. It would of course have been hugely preferable for the Northern Ireland Executive to have fulfilled their responsibilities directly following the adoption of the regulations in April last year. In that respect, I agree with the noble Baroness, Lady O’Loan. However, once again, Northern Ireland finds itself without a functioning Executive, so it is currently not possible to make progress in this regard.

The international treaty obligations in CEDAW were signed by the United Kingdom as a whole, so the Government in Westminster have a duty to ensure that the whole of the United Kingdom implements them in full. This debate is really about implementing a law that has now been in place for over two years. It should not be about reopening or unpicking what should be a settled matter. A woman’s right to choose in Northern Ireland remains in a precarious position. The reality is that women continue to be forced to travel to England for abortion services; some women, in certain parts of Northern Ireland, continue to purchase unsafe abortion pills.

Whatever one’s personal view on abortion, surely this is an unacceptable position. There is an urgent need to see consistency of services and rights to reproductive health across Northern Ireland. For this to be possible, it is important that the commissioning process be concluded as soon as possible, to ensure that services are fully accessible to all who need them. Can the Minister reassure us that the necessary funding will be made available, and give an indicative timetable for this to be concluded?

In summary, these regulations are about ensuring that every part of the United Kingdom adheres to our international treaty obligations, so that every woman in Northern Ireland will finally be entitled to the same level of reproductive healthcare as women in the rest of the United Kingdom. I therefore urge noble Lords to support these regulations and to reject the amendment to the Motion from the noble Baroness, Lady O’Loan.