Abortion (Northern Ireland) Regulations 2022

Lord Bellingham Excerpts

Tuesday 21st June 2022 Lords Chamber

[Lord McCrea of Magherafelt and Cookstown (DUP)]

But what he said was somewhat different—however, I want to move forward. I acknowledge that this is a very sensitive matter and different sides have deeply held views on it throughout the Northern Ireland community. The Secretary of State acknowledged that to the Seventh Delegated Legislation Committee in the other place last Thursday, but he then deliberately and defiantly—given the views held by many hundreds of thousands of people in Northern Ireland—sought to push through his regulation.

The Secretary of State also acknowledged that these regulations “go beyond” what is in Northern Ireland, in spite of the Government never having asked the people of Northern Ireland to give their express democratic opinion on this matter through the ballot box. Over the years, Northern Ireland has taken an approach to the protection of the unborn that is different from any other region of the United Kingdom—but that was regarded to be part of the beauty of devolution. This difference reflected the views of the people of Northern Ireland, which is what democracy is supposed to do: reflect the views of the people whom politicians serve.

The Secretary of State reminded the committee that “emphatic votes” on this ethical issue in 2019, 2020 and 2021 showed the will of the House of Commons to “implement abortion services” in Northern Ireland. That is factually correct, but this matter was devolved to Stormont—yet, in 2019, a group of MPs, none of whom were or are accountable to the people of Northern Ireland, decided to cast aside the devolution settlement and take it into their own hands. Sadly, their decision was aided and abetted by Members of your Lordships’ House. This happened in spite of the fact that we are daily told that the Belfast agreement must be upheld at all costs—yet, at the whim of the Secretary of State, to placate Sinn Féin and its fellow travellers, the fundamental principles of this international agreement have been altered. The protection of the unborn, which was cherished by the people of Northern Ireland, has been swept aside.

Earlier I noted that the noble Baroness, Lady Suttie, said that this is being done because of “exceptional” circumstances. That is interesting, because in Grand Committee tomorrow we will debate another devolved issue, in the Identity and Language (Northern Ireland) Bill, so where does this all stop? Is there any real reason for a devolved Government? Is this House really saying, “If you don’t do what we want, we will take the power from you. We will override your decision and make it for you”? So much for those who profess to believe in the Belfast agreement and devolution.

[Lord Bellingham (Con)]

Would the noble Lord agree that it would perhaps be better if HMG waited until the devolved Assembly and Executive got going again before a final decision is made?

Northern Ireland

Lord Bellingham Excerpts

Thursday 5th September 2019 Commons Chamber

[Julian Smith]

The PSNI and the security services have done an exceptional job over the summer. I pay tribute to them and their families, because people are trying to kill them—that is on the increase and certainly was over the summer. I have decided to convene a weekly security meeting that includes the PSNI to make sure that in the coming weeks and months I am apprised on a regular basis and meeting those people who are leading these teams putting their lives on the line.

[Sir Henry Bellingham (North West Norfolk) (Con)]

In congratulating the new Secretary of State, may I ask him what he plans to do about stopping the relentless hounding of Army and police veterans in respect of alleged historical crimes when most of the evidence has disappeared? What is he going to do about it?

[Julian Smith]

As my hon. Friend will have seen from the report we laid yesterday and from the comments the Prime Minister has made, there has been a new cross-Government effort to ensure that we look at this issue. I know that he has raised this issue many times in this House, and I hope he welcomes the fact that the Government accept that the current situation is not working and that we need to relook at and revisit this area. I and a number of my right hon. Friends in the Cabinet are doing so and look forward to reporting to the House in due course.

Investigation of Veterans

Lord Bellingham Excerpts

Thursday 16th May 2019 Commons Chamber

[John Penrose]

That is precisely why we need to come up with these proposals as fast as we can. It is clear from both sides of the House that the time for action is now—well, it was probably several years ago actually—and that this situation cannot be allowed to persist. The hon. Lady’s example is only one of a spectrum of concerns, depending on which part of the community one talks to in Northern Ireland and who one talks to in the UK. However, that concern is absolutely valid and we cannot allow this situation to continue. We will come back to this as soon as it is decent to do so; and by “decent”, I mean when we have a chance of getting something that is practically going to work, rather than something that sounds good as a soundbite. We need to ensure that this thing works under legal challenge.

[Sir Henry Bellingham (North West Norfolk) (Con)]

Is it not ironic that throughout the whole Brexit process we have been bending over backwards to treat Northern Ireland the same as the rest of the UK, and we are now about to treat Northern Ireland differently? I understand the sensitivities of the Good Friday agreement and the Stormont House agreement, but surely this can be sorted out with robust and strong leadership. I put it to the Minister that no other country in the world would treat their veterans in this way. He goes on about taking more time, and going through this and that. All this time, veterans—including in my constituency—are suffering.

[John Penrose]

My hon. Friend is absolutely right. I certainly did not want to imply that we are countenancing being leisurely about this. This situation has been wrong for many years. The only reason for not announcing something tomorrow—or, indeed, today or yesterday—is simply that we need to ensure that we have put all the answers from the consultation out and in front of the House, so people have a chance to work through the details and ask, “All right, what does this mean in practice then?” We need to move as fast as we can, but it has to be as fast as we can in a way that is consistent with forging a consensus in Northern Ireland. We have to ensure that whatever answer we come up with sticks, survives and works for both sides of the community, otherwise it will come unravelled in the fullness of time and we will have failed to protect our veterans from the kind of problems that we have all heard about and that I think everyone here agrees are absolutely unacceptable.

Northern Ireland Budget (No. 2) Bill

Lord Bellingham Excerpts

Money resolution: House of Commons & 3rd reading: House of Commons & Report stage: House of Commons
Monday 9th July 2018 Commons Chamber

[Sir Michael Fallon]

I am most grateful for that, and in particular for the tone in which it was expressed.

This is not just a UK issue, but it is a long-running UK issue. I would like to pay tribute to my hon. Friends who have continued to raise it before the House: my right hon. Friend the Member for Newbury (Richard Benyon), who originally promoted a Bill on the subject, and many others who served in the Province and who have contributed to debates on this issue. Through this Bill we are quite rightly giving large sums of money—hundreds of millions of pounds—to the Northern Ireland Departments, including the judicial Departments, for

“historical investigations and other legacy costs”.

I submit to the Committee that Parliament, even if there were no other concerns, would have every right to debate those sums, but there are other concerns here, which have been well articulated already in this Parliament.

Investigations under way in Northern Ireland are putting servicemen, servicewomen and police officers, whose duty it was to protect the public, almost on a par with terrorists who were content to murder and to maim. There cannot and should not be any moral equivalence between the two. It is now worse than that, however. We are now, through practice in Northern Ireland, discriminating against members of the security forces. Let me put it very simply: can it be morally right that a terrorist suspected of involvement in some of the worst atrocities, such as murdering four troopers in Hyde park and slaughtering their horses, should be given a letter of comfort guaranteeing immunity from prosecution, when those who have served the state to protect our people, in cases that have already been investigated, concluded and dismissed, are now seeing those cases reopened 30, 40 or more years after the event?

[Sir Henry Bellingham (North West Norfolk) (Con)]

My right hon. Friend is absolutely right to say that roughly 300 Northern Ireland veterans are fearful of the knock on the door. All the allegations were investigated fully at the time. What is worse is that under the PSNI inquiry they were reinvestigated about four years ago and most of the veterans were told that there was nothing further to worry about. Some have been rearrested in dawn raids, and a number have been charged with attempted murder. That breaks the military covenant and is a betrayal of our incredibly brave veterans.

[Sir Michael Fallon]

Absolutely, and some cases have been reopened more than once.

Nobody in this House would suggest that our troops should be exempt from investigation or prosecution for any kind of wrongdoing—of course not. Parliament itself requires, through the armed forces Acts, that any such allegation should be properly investigated by the service police. If there is new evidence concerning recent allegations, then of course they should be looked at. Equally, however, we cannot accept a situation where the whole process begins to be abused by cases simply being reopened for the sake of it, where there is not substantive new evidence. That was the case as allegations accumulated under the Iraq historical allegation apparatus, which was one reason why I shut it down as Defence Secretary and why, on behalf of the Ministry of Defence, I laid evidence before the Solicitors Disciplinary Tribunal, which eventually resulted in the key solicitor involved being struck off.

In Northern Ireland, the opposite is happening. Allegations of misconduct are being reopened 30 or 40 years later, when memories cannot be trusted and evidence may be hard to come by. Can a court really be sure 45 years after the events exactly what warning was shouted at two in the morning in a street in west Belfast in the early 1970s? These are the kinds of cases that are now being reopened, and I submit to the Committee that Parliament now needs to draw a line. The purpose of amendments 1 and 2 is to introduce a statute of limitations for the first time to say that cases more than—there can be different views on this, but this is what I have said in the amendment—20 years old, so from the date of the Good Friday agreement, cannot now be reopened if they have already been investigated.

Of course, a statute of limitations in itself raises complexities. I understand that. Many issues around it would need to be looked at. For example, we heard much in the previous debate about the bravery of the Police Service of Northern Ireland, and the police are not included in this amendment. I understand that there are some reservations about including them. There are complexities, but there is nothing unusual about a statute of limitations. In a previous debate, my hon. Friend the Member for Witney (Robert Courts) reminded the House that there are statutes of limitation in commercial law: cases cannot be reopened when companies have dissolved and documents cannot be traced, and it is not possible to properly ascertain the change of responsibility, or rules and regulations from an earlier period no longer apply.

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[Sir Henry Bellingham (North West Norfolk) (Con)]

It is a great honour to follow my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning), who made an extremely moving speech.

I plan to be brief, but I first want to thank the Secretary of State for Defence, who, in reply to my Question 1 this afternoon, said that he would set up a dedicated team at the Ministry of Defence to look at the situation of all veterans. I have sponsored two Adjournment debates on this subject, and I have also set up an informal parliamentary support group to look at the interests of veterans from all theatres.

I congratulate my right hon. Friend the Member for Sevenoaks (Sir Michael Fallon) on the way in which he moved his amendment. I underline the comments about his time as Defence Secretary, during which he worked tirelessly to try to stop some of this nonsense going on, particularly in respect of Iraq and Afghanistan. His amendments are a genuine attempt to try to move this debate forward and to propose a constructive suggestion.

I very much hope that the Secretary of State for Northern Ireland will do two things. First, I hope she will work with the Secretary of State for Defence to make sure that the unit being set up really starts to make a difference. Secondly, the consultation that she set up did not actually say anything about looking at a statute of limitations. She mentioned the word “amnesty”, but, as the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) made very clear, we are talking about an amnesty, but not a statute of limitations. In this case it would affect Northern Ireland, but I would extend it to all veterans from all theatres so that they knew where they stood and that, after a period of time, it would not be possible for them to be subject to the knock on the door. The qualification would of course be that that applied unless any new evidence became available.

[Sir Hugo Swire]

Would my hon. Friend not say that all veterans who find themselves in such a position today, tomorrow or in years to come should be looked after properly by the Ministry of Defence—provided with support, including if necessary counselling, and with security and an escort, particularly if they are going back to zones in which they are accused of committing these crimes—so that they do not feel they are not wanted, and do not feel isolated and forgotten?

[Sir Henry Bellingham]

My right hon. Friend is 100% right on that point, but we hope very much that there will not be any prosecutions in the future, or any further arrests.

The key point is that our security forces, as has been pointed out, served in Northern Ireland with the utmost professionalism and dedication in an incredibly febrile, tense and dangerous atmosphere. Young soldiers were sent over—volunteers: we are talking not about conscripts, but professional soldiers—and they were the envy of the entire world. Does the Secretary of State believe that any other army from any other country in the world would have showed the sort of restraint that our Army showed in Northern Ireland, as indeed did the police?

Some 10% of the killings in Northern Ireland were carried out either by the police or the security forces. That is a staggering figure. One has to bear in mind that every single case was fully investigated. Soldiers were operating under the law of the land—not under armed forces law under the Geneva convention, but under our own law—with the yellow book or the yellow card, and every instance was fully investigated at the time by the military police, the RUC or other authorities. That compares with the terrorists, who operated under no known code, and whose only aim in life was to kill and to maim, so how can there ever be any equivalence? How can we talk about amnesties, when our armed forces were operating under the rule of law and under the law?

I want to refer quickly to two cases. I will not mention the names, because they may well be sub judice, but I want to illustrate my concerns. First, the leader of a small patrol went into a village after a shooting incident the day before. The platoon had come under fire. A small patrol of four soldiers went into the village in a follow-up operation after an arms find. A suspicious individual was challenged but did not respond. All four members of the patrol opened fire and that person was killed. It was actually a tragic case of mistaken identity. It was fully investigated at the time by the military police and the RUC. All the evidence was pulled together. The rifles and the rounds were subject to forensic examination. After a period of months, all four members of the patrol were completely exonerated and no further action was required or taken.

We fast-forward to 2012. Under the PSNI investigation under the Historical Enquiries Team, the corporal major who had commanded that patrol was asked to go to Northern Ireland to be questioned, which he did. It was explained to him that there was no new evidence and that the existing evidence had disappeared—the rifles had long since been thrown away or whatever, and the forensic evidence was no longer available. After four days of very polite questioning, he was told that there would be no case to answer. He asked whether he could get on with his life and go back to his family and was told that he could. Fast-forward three more years and there was a knock on the door. Eighteen officers arrested him and took him to Northern Ireland. He has now been charged with attempted murder—I will not go into any more details because he has been charged.

I went to a veterans dinner last weekend at the Royal Anglian Regiment. There were more than 100 people at the dinner. Every single person who came up to me said, “What is going on? Can we not do something about this? Many of us live in fear.” In a speech given that evening, a former regimental sergeant major gave an example from Londonderry in 1972 that illustrates the difficulties that our soldiers faced, the fear they were up against and the appalling decisions that had to be taken on the spur of the moment.

In this second case, soldiers went into the crowd to snatch a demonstrator who had been throwing rocks and bricks at the police and soldiers. They snatched the demonstrator and the crowd became inflamed. The company of soldiers turned around and started moving backwards. One of the soldiers was hit on the back of the head by a rock. In those days, the helmets were not as effective as they are now and he fell down with a cracked skull. The crowd surged forward and were about to lynch him. My constituent and four other soldiers opened fire on the crowd and killed an individual. That was fully investigated at the time. It was found that they were operating under the yellow card or yellow book but that incident is now being reinvestigated. No fewer than 10 people at that dinner now fear they are among the 284 Northern Ireland veterans, men in their 70s and 80s, who may well get the knock on the door as my right hon. Friend the Member for Sevenoaks said.

[Sir Jeffrey M. Donaldson]

I commend the hon. Gentleman for what he is sharing with us, which is the reality of the situation. Does he agree, however, that it is not just about the veterans attending that dinner? It is about the young men and women who are looking in on what is happening, considering joining our armed forces and doing what many of us have done in the past—stepping up to the plate and serving the flag and the country. Might they just think again about serving this country if there is a prospect that they might face prosecution if they seek to defend themselves, the public and their comrades?

[Sir Henry Bellingham]

I thank my right hon. Friend—I will call him a Friend—who makes an incredibly important point. At that dinner, a number of former members of the Royal Anglian Regiment made the point that they were trying to encourage and recruit young people. Can they really do that when those people might go into a theatre of war and act in accordance with orders, the law of armed conflict or the law of the land, but be arrested many years hence?

I do not know what the answer to this dilemma is, but I do know that very many people out there are incredibly angry and very worried, and they are looking to this Government to come up with constructive, innovative and workable solutions. If we do not do that, we will not be forgiven in a hurry.

[Johnny Mercer (Plymouth, Moor View) (Con)]

Thank you, Sir Lindsay, for calling me in this debate. This is a deeply personal issue on which I have worked for some time. I welcome the amendments tabled by my right hon. Friend the Member for Sevenoaks (Sir Michael Fallon).

I am cognisant of the fact that there are real issues with what has been put forward—I do not dispute that for a minute—but I echo what my right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning) said. If I was still a soldier watching this place, or if I was a veteran watching this place, I could not help but go away thinking that this place still—still—simply does not get it when it comes to what we owe those who have served.

This issue is nothing to do with some of the things that have been mentioned tonight. There has been a crassness to the terminology at times. I in no way speak of the Chair of the Defence Committee, because we have been tumbling around these terms and I would understand that from him, but there is the idea that we have conflated the idea of an amnesty with that of a statute of limitations. They are fundamentally and critically different, yet they have been interposed as if this is some sort of game or legal language that we have to get around to ensure we do right by our servicemen and women.

Oral Answers to Questions

Lord Bellingham Excerpts

Wednesday 13th September 2017 Commons Chamber

[James Brokenshire]

We have been clear about the maintenance of the common travel area, and we have set out two alternatives for the operation of customs arrangements. On the question of clarity, I would encourage the hon. Gentleman to ask for clarity from the Leader of the Opposition, who has been anything but clear about whether his party supports membership of the single market or not. I encourage him to work on his own side to deliver that clarity.

[Sir Henry Bellingham (North West Norfolk) (Con)]

8. What recent assessment he has made of the security situation in Northern Ireland.

[Scott Mann (North Cornwall) (Con)]

9. What recent assessment he has made of the security situation in Northern Ireland.

[The Parliamentary Under-Secretary of State for Northern Ireland (Chloe Smith)]

The threat from Northern Ireland-related terrorism continues to be severe in Northern Ireland, meaning that an attack is highly likely. Our response to terrorism and paramilitary activity is co-ordinated, effective and fully resourced. This Government remain fully committed to keeping people safe and secure and ensuring that terrorism never succeeds.

[Sir Henry Bellingham]

As part of the security review, will the Minister look at the case of Dennis Hutchings and other veterans, who have been hounded and charged in respect of alleged shootings nearly 50 years ago? There is no new evidence, so surely the time has come to restore humanity and natural justice, and bring in some form of time limitation.

[Chloe Smith]

The Government will always give their fullest possible backing to those brave men and women who have done, and continue to do, an outstanding job serving the community. As part of our work to implement the Stormont House agreement, the legacy institutions will be under a duty to behave in a manner that is balanced, proportionate and fair. We also have the aim of taking cases in chronological order. [Interruption.]

Armed Forces: Historical Cases

Lord Bellingham Excerpts

Thursday 23rd February 2017 Commons Chamber

[James Brokenshire]

The points that the hon. Gentleman raises are very much embodied in the Stormont House agreement and the legacy bodies and institutions referenced by the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson). If I may, I will come on to those issues in greater detail later.

Being the best in the world means operating to the very highest of standards. We expect nothing less, and I know that our armed forces would not have it any other way. As the noble Lord Stirrup put it in a recent debate in the other place:

“The need to act lawfully is not a side consideration for the Armed Forces; it is an integral part of the ethos and training.”—[Official Report, House of Lords, 24 November 2016; Vol. 776, c. 2076.]

We believe in the rule of law, and the police and armed forces are charged with upholding the law. They cannot operate above it or outside it. Where there is evidence of criminality, it should be investigated without fear or favour. In our view, however, what characterised the overwhelming majority of those who served was discipline, integrity, restraint, professionalism, and bravery—and we should be proud of them.

[Sir Henry Bellingham (North West Norfolk) (Con)]

Soldiers were of course subject to the rule of law, including, notably, the sergeant and platoon commander in the Argyll and Sutherland Highlanders who were charged with the murder of two civil rights campaigners, Michael Naan and Andrew Murray, in 1981 and convicted. Many were investigated and some were actually prosecuted and convicted.

[James Brokenshire]

My hon. Friend makes that point about the upholding of the rule of law. I will come back to what we judge are the right next steps in terms of balance, proportionality, and giving effect to new arrangements to deal with the legacy issues embodied in the Stormont House agreement.

As my right hon. Friend the Prime Minister made clear in the House yesterday, it is appalling when people try to make a business out of trying to drag our brave troops through the courts. In that context, the motion welcomes the Government’s decision to wind up the Iraq Historic Allegations Team following the solicitors disciplinary tribunal hearing and the consequent decision to strike off Phil Shiner. This called into question the credibility of a large number of IHAT’s remaining case load, which will now revert to the Royal Navy police. To be clear, the Government have a legal obligation to ensure that criminal allegations against the armed forces are investigated, but we remain determined to ensure that our legal system is not abused, as it clearly was by Mr Shiner, falsely to impugn the reputation of our armed forces. We should all support the decisive action taken by my right hon. Friend the Defence Secretary in that case.

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[Sir Henry Bellingham (North West Norfolk) (Con)]

I congratulate the Democratic Unionist party on the motion, and particularly the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) on an impressive speech to open the debate. I thank the Secretary of State for his comments and, as always, it is a pleasure to follow the hon. Member for Ealing North (Stephen Pound). His emphasis on the peace process and the future was welcome.

The right hon. Member for Lagan Valley mentioned the figures involved, so I will not repeat them. He also made the point that there can be no legal or moral equivalence between what the terrorists did and what happened to the military, who were deployed in support of the police, acted under the rule of law and were subject to tight military controls and codes, including the yellow card. They were mainly young men and some women who never asked to go to Northern Ireland but were deployed there and showed incredible professionalism, and huge restraint when they were under great stress and provocation. At all times, they held their nerve, and, consequently, the reputation of the British military was enhanced around the world.

Every incident that involved killing or injury by the military was fully investigated at the time. There were regimental investigations and investigations by the military police, and in almost every case there were investigations by the Royal Ulster Constabulary and the civilian authorities.

I do not think that the armed forces of any other country in the world would have shown the restraint and professionalism that our armed forces showed. When mistakes were made, they were called to order. In the case of the killing of the two civil rights campaigners Michael Naan and Andrew Murray, three sergeants and one officer from the Argyll and Sutherland Highlanders were charged. Two sergeants, Sergeant John Byrne and Sergeant Stanley Hathaway, were charged with murder and sentenced to life imprisonment. A third sergeant, Iain Chestnut, was charged with manslaughter and sentenced to four years. The officer in charge of the platoon, Captain Andrew Snowball, who was not actually present at the farmhouse where the killings of the two civil rights campaigners took place, covered up what happened. He was subsequently charged and given a suspended sentence. He resigned his commission. The case shows that where the military stepped out of line it was investigated, and if charges were appropriate, charges were brought.

[Ian Paisley]

I thank the hon. Gentleman for making this point. It is absolutely essential that the record of this House reflects the fact that under Operation Banner the Royal Ulster Constabulary and Her Majesty’s Crown forces in Northern Ireland acted with the highest human rights-compliant record in any dispute anywhere in the world. That is without any challenge whatever. Some 30,000 officers carrying personal weapons and a minimal amount of illegal discharge from those weapons—that is a miracle given the provocation, with murders daily in our Province.

[Sir Henry Bellingham]

I agree entirely with the hon. Gentleman. I shall now remove a couple of paragraphs from my speech, because he has said what I was going to say.

Let us fast-forward to the current situation. The right hon. Member for Lagan Valley outlined the flawed process, in particular the arrest of veteran soldiers as part of the DPP’s vendetta against them. I referred to the case of Dennis Hutchings in a debate I secured on 13 December 2016. He was deployed to Northern Ireland with his regiment, the Life Guards. They were in an area, Dungannon and Armagh, where levels of disturbance were particularly high. All patrols were told to take special care. The regiment had suffered a number of shooting incidents, although none had been fatal. On 4 June, a patrol was ambushed by a group of young men who were in the process of transferring weapons to a car in the village of Eglish. The patrol was fired on and fire was exchanged. A number of people were arrested and a quantity of arms recovered.

On the following day, Corporal Dennis Hutchings, who was mentioned in dispatches for his exemplary bravery and leadership, led a patrol back into the area. The aim was to try to locate further arms caches near the village. The patrol chanced on John Pat Cunningham, who was challenged to give himself up. He behaved in a way that was suspicious. The patrol believed they were threatened and opened fire. We know there was a tragic outcome, because John Pat Cunningham was killed. This was investigated fully by the Life Guards, the military police, the RUC and the DPP. All four members were completely exonerated.

What happened next beggars belief. In 2011, Dennis Hutchings was called in by the PSNI Historical Enquiries Team and fully investigated. A comprehensive investigation, with which he co-operated fully, took place. He was told at the end of the investigation that no further action would be taken and that he could get on with his life, look after his grandchildren and great-grandchildren, and enjoy his retirement.

In 2015, there was a dawn raid on the corporal major’s house. He had been in very poor health, but he was arrested, taken to Northern Ireland for four days’ questioning and charged with attempted murder. He of course vehemently denied the charges. After 42 years, there were no witnesses left. The other three members of the patrol have died and the forensic evidence has disappeared. How can he get a fair trial now? He cannot receive a fair trial in these circumstances. The first thing I learned at law school was that any criminal case depends critically on credible and corroborated evidence.

[Danny Kinahan]

I congratulate the hon. Gentleman on all he is doing for Corporal Major Hutchings and on being very clear about his case. Does he agree that it is greatly concerning when we are told there are new ways of looking at evidence? Rather than trying to find new evidence, people are trying to find new ways to research it. Does he not think that that is wrong?

[Sir Henry Bellingham]

I absolutely agree with the hon. Gentleman and I will come on to that in a moment.

The key point about the Hutchings case is that it was fully investigated at the time. It was looked at by every available authority and organisation, and closed down at the time. Reopening cases now is revisionism. It is an attempt to rewrite history. It is trying to look at what happened then through the lens of 2017, when we have a whole new emphasis on human rights and different standards. It is perverse, wrong and completely unacceptable.

[Tom Tugendhat]

My hon. Friend makes a very good point, which complements entirely the one made by the hon. Member for South Down (Ms Ritchie). She is absolutely right that we have to move on, but in moving on we have to allow those who have served to move on. In a case like this, where it is so obvious and so clear that justice has not only been done but been seen to be done multiple times, surely the moving on can be done actively.

[Sir Henry Bellingham]

Let us look at what happened to the IRA and the paramilitaries. Their sole aim was to murder, maim and kill, and to disrupt communities. They did not investigate their own crimes and murders. They celebrated the killings they took part in. They were not subject to the Geneva convention or any other rule of law—or the British law on torture.

What about Captain Robert Nairac, the military intelligence liaison officer, who was abducted in County Armagh in May 1977? He was brutally tortured and killed. He was posthumously awarded the George Cross. He is one of nine IRA victims whose body has never been recovered. What about Corporal David Howes and Corporal Derek Woods, who chanced on an IRA funeral in March 1988? They were dragged out of their car, tortured and murdered. One of the most extraordinary pictures from the troubles is that one of Father Alec Reid administering the last rites to those two corporals. What about the Free Scottish privates who were abducted from a pub in 1971? They were off duty and unarmed; they were abducted and tortured, and no one has ever been convicted.

[Sammy Wilson]

Will the hon. Gentleman give way?

[Sir Henry Bellingham]

I will not give way, because I am going to draw my remarks to a conclusion.

We have to try to find a way to move forward. The only way to move forward is for the Secretary of State—I welcome some of his remarks and I welcome too what the Minister said—to make it absolutely and categorically clear that these military cases, all of which have been investigated, will now be closed, subject to the arrival or discovery of brand-new compelling evidence. Anything less than that would be a betrayal of the military covenant. The hon. Member for Ealing North gave the figure of 370 veterans under investigation, and anything less would be seen as a betrayal of those veterans and an appalling scar on Her Majesty’s Government. We have a way forward, and I urge Ministers to take it.

Northern Ireland Assembly Election

Lord Bellingham Excerpts

Tuesday 17th January 2017 Commons Chamber

[James Brokenshire]

I recognise that there are strongly held views on all sides, and as we enter the election period, I am sure these issues will be hotly and keenly contested. From what the right hon. Gentleman says, I welcome the willingness to engage, the willingness to work things through and the desire to get back to stable, shared devolved government. We all have that focus in our minds when looking to the future of Northern Ireland and how we can get on with governing in the best interests of all Northern Ireland.

[Sir Henry Bellingham (North West Norfolk) (Con)]

Does the Secretary of State agree that an unencumbered, unhindered press is vital to the future elections? Does he agree that any chilling effect or threat could undermine the very democratic essence of these elections? We must have a free and fair press.

[James Brokenshire]

I am sure that the issues around the election will be keenly and hotly contested. From all my experience of the press in Northern Ireland, it is fair, free and open, with wide debates contained within it. The Government certainly see those building blocks in the freedom of the press and, indeed, in the strength of our judiciary and legal processes, and we want to see that those pillars of our democracy are upheld.

Legacy Issues: Northern Ireland

Lord Bellingham Excerpts

Tuesday 13th December 2016 Westminster Hall

[Sir Henry Bellingham (North West Norfolk) (Con)]

I beg to move,

That this House has considered legacy issues arising from cases in Northern Ireland.

It is a pleasure to serve under your chairmanship, Ms Dorries. I think all of us agree that the Northern Ireland peace process has surpassed all expectations. Who could ever have dreamt 20 years ago that we would see in the Northern Ireland Administration both Democratic Unionist party Ministers and Sinn Féin Ministers? It is in everyone’s interest that the peace process continues and endures.

I will say something about the legacy. I remind colleagues that 3,500 people were killed. Of those, 2,000 were killed by republican terrorists, 1,000 were killed by loyalist paramilitaries and 368 were killed by security forces. In total, 722 members of the security services were killed, which includes 477 serving British soldiers. The overwhelming majority of those deaths were fully investigated. The vast majority of wrongdoers were brought to justice. A very small number remain unsolved, and I understand the desire of some of those victims’ relatives for closure. However, we have to be cautious. We simply cannot get away from the obvious fact that these events took place many, many years ago, and much of the evidence has disappeared.

In 2010, the Police Service of Northern Ireland set up the historical inquiries team to look at various cases. I understand that it completed investigations into 1,615 cases. It then set up the legacy investigation branch in January 2015 to look at the remaining 923 cases. Of those, 379 were republican cases, including 228 so-called on-the-runs, 230 were loyalists, and 283 were security forces. The active caseload is eight republican cases, one loyalist and five security forces. That means there are 911 cases outstanding. This could go on for many years. So far, the cost has been £33.2 million.

The cases are split pretty evenly between republicans, loyalists and security forces. However, I believe strongly that there cannot be any parity or moral equivalence between paramilitaries and terrorists and members of the armed forces. Those brave members of the armed forces were doing their duty, wearing the uniform of the Crown and working to keep the peace. We should not forget that the Army was originally called into Northern Ireland to restore order and to protect Catholics. The vast majority of those soldiers were young people, conducting themselves invariably to the highest possible professional standards and following the Yellow Book. The terrorists and paramilitaries, on the other hand, had one simple plan and aim in life: to kill and injure.

[Jim Shannon (Strangford) (DUP)]

I congratulate the hon. Gentleman on securing this debate. He clearly outlined the case for British soldiers who courageously, energetically and within the law did their job to an exemplary standard. Does he share my concern, as many people in Northern Ireland do, that at 60 or 70 years old, these men are thrown to the wolves? Does he think that should happen?

--- Later in debate ---

[Sir Henry Bellingham]

I will come to that in a moment. Dragging veterans—people in their 70s and 80s—out of their retirement to face trial when most of the evidence has long since disappeared is a fundamental breach of the military covenant.

[Mr Julian Brazier (Canterbury) (Con)]

In that context, may I mention Corporal Major Dennis Hutchings? He served in the same squadron as a very dear friend of mine—an extremely brave soldier. A terrorist was killed in an incident in which three soldiers were involved. He is the only one who is still alive. How can he ever have a fair trial?

[Sir Henry Bellingham]

My hon. Friend anticipates what I am coming on to.

In the Province, 1974 was an incredibly difficult year. A large number of people—just under 300—were killed. It was a very tough and challenging year indeed, with a number of serious incidents. Colleagues will remember the M62 coach bombing, when 12 people were killed by the IRA. They will remember the Provisional IRA bomb that exploded outside the Houses of Parliament, injuring 11 people and causing extensive damage. They will remember the Guildford bombings, carried out by the IRA, and the Birmingham bombings. During that summer in the troubled Province, the Life Guards—one of the most senior regiments of the British Army—were deployed to Armagh, Dungannon and Cookstown. They had a very tough tour, with predominantly young soldiers on the frontline who were under a great deal of pressure but at all times behaved with the utmost professionalism.

I want to look at the Army report of some incidents that took place around that time. The report states that the threat level against the Life Guards in the areas around Dungannon and Armagh was particularly high. All patrols had been warned to take special care. A number of shooting incidents involving the Life Guards had occurred close to Eglish, and it was generally believed that the unrelated non-fatal shooting of a soldier from the Life Guards on 4 June was in direct retaliation to an arms find in that area. The same day, a Life Guard foot patrol surprised a group of young men who were in the process of transferring weapons into a car in the village of Eglish. The patrol was fired upon, and an exchange of fire took place. Three men were arrested, and a quantity of arms and explosives were recovered. At least three gunmen escaped.

During that particular incident, Corporal Major Dennis Hutchings, to whom my hon. Friend the Member for Canterbury (Mr Brazier) referred, was mentioned in dispatches for his exemplary bravery and leadership. Two days later, Dennis Hutchings led a patrol of four men in a follow-up operation aimed at locating further arms caches near the village of Benburb. They chanced on John Pat Cunningham, who was challenged to give himself up—he was behaving in a suspicious manner. The patrol believed they were threatened. They opened fire and, as we know, John Pat Cunningham was tragically killed. It transpires that he was not a terrorist but an innocent civilian. It was a tragic case of mistaken identity.

That incident was investigated fully by the Life Guards. It was investigated by the military police, the Royal Ulster Constabulary and the Director of Public Prosecutions. The four patrol members were completely exonerated and cleared, and the regiment believed that was the end of the matter. If we fast-forward to 2011, Dennis Hutchings was staggered and flabbergasted when he was investigated by the PSNI historical inquiries team. A comprehensive investigation took place at the time. He co-operated fully and was told, after a short period, that no further investigations would take place because there was no case to answer and the whole matter could be closed. He specifically asked whether that was the end of it and was told that it was, so he went back to his retirement, to his grandchildren and great-grandchildren, and got on with his life.

We now fast-forward to April 2015, when there was a dawn raid on the corporal major’s house in Cornwall. By then he was in very poor health. He was arrested, taken to Northern Ireland for four days of questioning and then charged with attempted murder—of course, a charge he vehemently denies. After 42 years, there are no witnesses left. The three other members of the patrol have died. There is no forensic evidence. There are no weapons left.

I was certainly taught at law school that one of the key tenets of criminal justice is the need for credible, current and corroborated evidence. It is beyond belief that he has been charged. There is no conceivable way he could ever receive a fair trial without proper evidence. These charges fly in the face of all the basic rules of criminal justice. We are seeing an outbreak of revisionism. We cannot simply revisit cases from 42 years ago and try to reinterpret them through the prism of the 21st century, with its emphasis on human rights.

[Gavin Robinson (Belfast East) (DUP)]

The hon. Gentleman might take comfort from the Secretary of State’s words last week at Northern Ireland questions, when he said that

“the system is heavily focused on the 10% rather than the 90%, and the balanced, proportionate measures that I put forward will assist in changing that.”—[Official Report, 7 December 2016; Vol. 618, c. 199.]

[Sir Henry Bellingham]

That gives me a certain amount of comfort.

What has changed? There is no new evidence, but what has changed is that the DPP in Northern Ireland is now Barra McGrory, QC—the same person who represented Martin McGuinness in the Saville inquiry. This is the person who is prepared to move away from credible evidence to political decision making, which I find very worrying. It has to be stopped. There are potentially 278 more cases involving the security forces. I do not want any more veterans to be dragged out of their retirement homes any more than I want Sinn Féin councillors to be dragged out of council chambers.

[Sammy Wilson (East Antrim) (DUP)]

Has the hon. Gentleman not hit the nail on the head? This is not about opening cases to find out who is guilty or not guilty. It is about political revisionism, rewriting history, and trying to move the blame from the terrorists to those who served their country faithfully. The Government ought to get a grip on this now and say, “No more.”

[Sir Henry Bellingham]

I agree entirely. I will quote what my right hon. Friend the Prime Minister said back in October. She said that

“we will never again in any future conflict let those activist, left-wing human rights lawyers harangue and harass the bravest of the brave, the men and women of our Armed Forces.”

Furthermore, in a letter from my right hon. Friend the Minister for the Armed Forces, dated 15 November, to my hon. Friend the Member for South East Cornwall (Mrs Murray), he said that we

“‘will always salute the remarkable dedication and courage of the RUC and our Armed Forces in defending the rule of law and in ensuring that Northern Ireland’s future would only ever be determined by democracy and consent. We will never forget the debt we owe them…we will also never accept ‘equivalence’ between the security forces and those who carried out acts of terrorism’.”

I submit in conclusion that we have to find a way forward. We have to draw a line under this. We have to see the scrapping of the legacy investigation branch. I suggest to my hon. Friend the Minister that he look at what happened in South Africa. If he does not want to scrap the legacy investigation branch and put a line under this, could he look at something along the lines of the Truth and Reconciliation Commission and amnesty committee that South Africa set up so successfully? The alternative does not bear thinking about. It would represent a betrayal of our armed forces and a tearing up of the military covenant, and could imperil the entire peace process.

[Sir Gerald Howarth (Aldershot) (Con)]

I represent the home of the British Army and have constituents in their 70s and 80s who still await a potential knock at the door. My hon. Friend has made a powerful speech. Does he agree that what is being done will seriously damage the morale of British troops? If they feel that their Government are not prepared to stand by them, they will think, “What is the point in putting my life on the line for my fellow citizens?”

[Sir Henry Bellingham]

I fear that if we do not draw a line under this, we will be not just undermining the morale of our armed forces, but betraying veterans. We could also imperil the entire peace process.

[Nadine Dorries (in the Chair)]

Sir Henry Bellingham has agreed to give four minutes to Danny Kinahan.

Oral Answers to Questions

Lord Bellingham Excerpts

Wednesday 26th October 2016 Commons Chamber

[James Brokenshire]

Yes, I have seen those reports. When I visited towns in and around the border area, they certainly underlined some of the growth in business opportunities that they were seeing—something we clearly warmly welcome.

[Sir Henry Bellingham (North West Norfolk) (Con)]

9. What recent assessment he has made of the security situation in Northern Ireland.

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

The threat from Northern Ireland-related terrorism continues to be “severe”, meaning that an attack is highly likely. Our response to terrorism and paramilitary activity is co-ordinated, effective and fully resourced. This Government’s focus is on keeping people safe, and we will ensure that terrorism never succeeds.

[Sir Henry Bellingham]

Does the Minister agree that it is damaging both to the security situation in Northern Ireland and to the peace process when former members of the armed forces who have been cleared on multiple occasions are now arrested for offences that are alleged to have taken place more than 40 years ago? Will he agree to meet me to discuss the broader issues surrounding the case of Corporal Major Dennis Hutchings?

[Kris Hopkins]

Criminal investigations and prosecutions are a matter for the police and the prosecuting authorities, who act independently of Government and politicians. The Government therefore cannot comment on individual cases. However, I am more than willing to discuss with the hon. Gentleman the broader issue that he has raised.

Oral Answers to Questions

Lord Bellingham Excerpts

Wednesday 20th July 2016 Commons Chamber

[Alec Shelbrooke (Elmet and Rothwell) (Con)]

3. What steps the Government are taking to reduce cross-border crime in Northern Ireland.

[Sir Henry Bellingham (North West Norfolk) (Con)]

8. What steps the Government are taking to reduce cross-border crime in Northern Ireland.

[The Secretary of State for Northern Ireland (James Brokenshire)]

The joint agency task force, created under the “Fresh Start” agreement, is tackling cross-border crime in Northern Ireland. The task force has completed a strategic assessment to identify priorities and is co-ordinating joint law enforcement operations against the criminals involved.

[James Brokenshire]

Yes, I certainly do. It is important that we maintain the focus on combating organised crime and on responding implacably to paramilitarism. I do recognise the successes to date.

[Sir Henry Bellingham]

I, too, congratulate the Secretary of State on his appointment. I am sure his previous experience as Security Minister will stand him in good stead. Does he agree that in this pending Brexit world, closer co-operation between the Police Service of Northern Ireland and the Garda Siochana is more important than ever? What plans does he have to make that happen?

[James Brokenshire]

I entirely endorse my hon. Friend’s comments on the need for good cross-border working relationships between the PSNI and Garda Siochana. I have already had a conversation with Frances Fitzgerald, the Irish Justice Minister, to underline that. We have very good relationships and I want to see them continue.