Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Lord Blair of Boughton and Baroness Ritchie of Downpatrick

Committee stage
Tuesday 24th January 2023 Lords Chamber

[Lord Blair of Boughton (CB)]

My Lords, I need to apologise for not attending Second Reading, but I want to support the amendments of the noble Baroness, Lady O’Loan, and the noble Lord, Lord Hain. We need to understand what Kenova is, and it is worth going back to understanding that it is an investigation of 200 murders. It is probably the most complex investigation in British criminal history. It also involves allegations of kidnap and torture.

In October, Jon Boutcher wrote this, which I want to read into the record:

“The Kenova interim report will address what was, and was not, happening between organisations; the Provisional IRA and its Internal Security Unit, the police, armed forces, intelligence services and their agents and informants. In particular it will focus on”


the Provisional IRA,

“which committed these murders and whether steps were, or were not taken by the security forces before these abductions and murders occurred to protect people, or subsequently to bring those responsible to justice. It will also comment on the state’s approach to investigating such cases and the nigh on impossible operating environment that confronted the security forces”.

He went on to say this about the Bill:

“My commitment to publishing the results of all of the Kenova investigations remains as strong as ever and this takes us a step closer to achieving this. While there is much discussion about the future of legacy following the Government proposed Bill, the Bill should not impact the release of Kenova’s findings”.


I simply could not agree more.

In a month’s time, it will be 48 years since the murder of a young man with whom I trained at the Peel Centre in Hendon. Stephen Tibble was five months younger than me and a month ahead in training; He was shot dead in west London by the IRA. For the first 15 years of my career, the world of Irish republican terrorism spread not only from Ireland to the rest of the UK but in particular to London. Quite a lot of Metropolitan Police officers also lost their lives in this struggle.

I join with those who have said that the Good Friday agreement was one of the great moments of our lives, because it is not for me to put myself forward in that way. The idea that the Bill will allow a way to end investigations into these terrible atrocities seems completely appalling. Personally, I agree with the noble Lord, Lord Cormack, that if the Bill is not amended to be run on Kenova terms, we must in the end oppose and defeat it in this House.

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, I support the amendments in the name of the noble Baroness, Lady O’Loan. I have already added my name as a signatory to those amendments and to those in the name of my noble friend Lord Hain in relation to Kenova. In relation to the amendments to do with investigations, I want to see these investigations as an avenue to justice, so that that justice is still open to victims and members of the public. Investigations must not be closed down and justice must be provided for. The question arises: why would the Government want to remove investigations and who does this benefit?

The review process, which I think is to be undertaken by the ICRIR, is unlikely to meet all the requirements of an independent and effective investigation with the participation of next of kin, in line with the ECHR. Many believe that the main damage the legacy Bill will do is in closing off all the routes to justice that currently exist in Northern Ireland and replacing them with a single new body that has insufficient powers and is constituted in a manner likely to breach the European Convention on Human Rights—hence the amendments in the name of the noble Baroness, Lady O’Loan. They are absolutely vital because we want to see investigations and access to inquests. We want to see proper justice and truth recovery for all.

As I understand it, the ICRIR will lose those investigatory powers. I am sure that the noble Baroness, Lady O’Loan, will correct me if I am wrong in the next respect: that the police ombudsman will be prevented from investigating matters related to the Troubles, on top of the limitation on dealing with complaints already in the Bill. Legislation for dealing with police complaints in Scotland, England and Wales will also be blocked off from applying to Troubles-related conduct.

I had direct contact with the police ombudsman’s office in relation to the Loughinisland inquiry. The noble Baroness, Lady O’Loan, initiated that inquiry, which I think was way back in 2004—it seems such a long time ago. It was practically complete by the time she left and was then taken over by her successor, who did not see avenues of collusion. I remember saying at that time that he was being unfair to the victims and families, and that he should vacate the post. I think I said it in terms that were stronger and a little more derogatory than those, if I cast my mind back to 2011.

In the subsequent report by a previous police ombudsman, Michael Maguire, it was quite clear that he had worked further with families and with members of the RUC and the PSNI. He discovered large avenues of collusion in the midst of our community being perpetrated against ordinary people and denigrating very good police officers who were operating according to the rule of law. We must always remember that.

While the UK authorities continue to claim that the ICRIR reviews will be capable of Article 2 compliant investigations, using full police powers, human rights organisations such as the Committee on the Administration of Justice assert that this will not be the case, particularly for those who avail of the immunities scheme. Police powers will not be exercisable against persons who cannot be subject to criminal proceedings for an offence as they have immunity for it. However, I agree with the noble Lord, Lord Cormack, who says that, unless we—or rather the Government—go back to the drawing board, the Bill, as it is currently drafted, will fail before it even starts, because it does not command the respect of victims, political parties or the churches in Northern Ireland. Unless it has that cross-community support and support from victims, it is redundant.

I turn now to the amendment tabled by my noble friend Lord Hain about Kenova. We all know of the good work that has been done by Jon Boutcher, particularly in relation to Kenova, the investigations into the activities of the alleged agent known as Stakeknife, the Provisional IRA and the security forces. The interim Kenova report is drafted and about to enter a process of representation for those who will be adversely impacted by its findings. One thing that Mr Boutcher has done is liaise with the victims and their families at every possible avenue; they know exactly what is going on and what the next steps will be. He does that in a sympathetic and empathetic way, while also being very assertive in the job he has to do. Another amendment deals with the PPS in Northern Ireland being properly resourced to ensure that those files are not left lying on the shelf without any form of prosecution. So I am very happy to support all the amendments in this group, as I believe that the Kenova model, because it establishes the minimum standards for an ICRIR review, would be a very good model, if the Minister would consider accepting it.

While I am very happy to support the amendments in this group and to add my name to some of them, I feel that the current proposals in the Bill do not fulfil what is required for investigations. Yesterday morning, I listened to an actor playing the role of a victim who had been subjected to a paramilitary shooting. It did not say where he lived in Northern Ireland, but he was subjected to the most horrendous shooting incident that was witnessed by his own daughter through their front window after he returned from the pub. He was set upon by about three or four gentlemen and shot; to all intents and purposes, it was a punishment shooting. Therefore, in terms of that particular incident, I firmly believe that investigations must be central, because we have to find out who is responsible for those acts of terror.

Alan McBride was on the radio today speaking about Kenova. He is part of the WAVE Trauma Centre, and his wife sadly died in the Shankill Road bombing in October 1993. He is a firm believer in the Kenova model, because he believes that that would establish the minimum standards for ICRIR reviews and because it commands respect across the community and of so many victims’ groups—particularly WAVE, which has done such good work in this regard.

So I am very happy to support the amendments in the names of my noble friend Lord Hain and the noble Baroness, Lady O’Loan, because investigations must go along with reviews; without investigations, review is redundant and it makes the Bill redundant.