Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Lord Bruce of Bennachie and Lord Murphy of Torfaen

Consideration of Commons amendments
Tuesday 12th September 2023 Lords Chamber

[Lord Murphy of Torfaen (Lab)]

It has been a long time—well over a year, as the Minister said—and I continue to say that I do not blame the Government for one second for trying to resolve what is a hugely difficult issue. Of course they were right to do so, but they do not have the answer.

My right honourable friend the new shadow Secretary for Northern Ireland, Hilary Benn—I welcome him to his post and, incidentally, pay tribute to Peter Kyle, who did a great job over a couple of years—said in the Commons last week, quite rightly, that the Government have made changes that all of us welcome, including this House, but it simply is not enough.

The Minister mentioned the Divisions we have had in the last few weeks. Twice, this House—the majorities might not have been huge, but they were majorities nevertheless—has asked the House of Commons to look again at the central controversial issue of the Bill, which is conditional immunity. He is right, of course, that ultimately we have to give way to the elected House, but that does not alter the fact that this is a friendless Bill. In effect, it has no support in Northern Ireland at all. All my experience of Northern Ireland over the years is that, where there is no support for a Bill such as this, from all communities in Northern Ireland, it will not work. There should have been consensus.

The Government should put the Bill on hold—put it on ice, if you like. Wait until there is a restored Assembly and Executive. When we debate other issues affecting Northern Ireland on Thursday, we will perhaps hear that there has been progress on the possibility of restoration. The right place for this to be debated and discussed is Belfast, not London, so put it on hold. If that does not happen, a future Labour Government will undoubtedly repeal this legislation.

[Lord Bruce of Bennachie (LD)]

My Lords, I concur with the noble Lord, Lord Murphy. I question the Minister on the wording of the Commons reason, which is very short:

“Giving family members a role in whether immunity should be granted or not would critically undermine the effectiveness of delivering on the principal aim of this legislation”.


Could the Minister explain what the principal aim of this legislation is? Many of us feel that the motivation underlying it is one of the reasons why it has attracted total opposition from all sections of the population and all the political parties in Northern Ireland.

This House was trying to ensure that families and victims have more say in the process. I absolutely concur with the Minister that he has extended his offices, to a very generous degree, with a desire to try to engage people. It is true that the Bill has been substantially improved from what it set out to be, but it does not satisfy anybody any more than it did at the beginning. Serious questions remain as to whether it accords with international human rights. We know that the Government believe it does, but others disagree. Sir Declan himself has said that he would welcome legal challenges. I referred to that the other day, as there is still a concern that the Bill may become an Act and then be subject to legislation or court action that could undermine its effectiveness.

That said, at this stage, we have exercised the debate and stated our view. The Commons has decided to persist and, in these circumstances, we are bound to accept its view.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Lord Bruce of Bennachie and Lord Murphy of Torfaen

Committee stage
Thursday 11th May 2023 Lords Chamber

[Lord Bruce of Bennachie (LD)]

My Lords, this has been an interesting debate; there is clearly a desire to have an objective record of a dark and troubled time, but it is a hugely sensitive issue that is going to present major challenges.

I absolutely agree that any history that glorifies terrorism or violence has no validity and can have no place. As the noble Lord, Lord Swire, said, people have looked at different examples such as in South Africa, and the genocide memorial in Rwanda is shocking and stunning and creates an impact. We also have to recognise that we have talked about the Troubles as a defined period, as if they just ended and the Good Friday agreement started, but we know that the divisions have not gone away. You even see in the Republic of Ireland newly elected representatives shouting, “Up the Ra”, so we are still in very difficult times.

I hear the call for an objective history, but I wonder how easy it would be to produce one and to ensure that it reflects the balance. I am not suggesting that it should not be tried, but we should not underestimate the challenges involved. At the end of the day, what would be the purpose of this history? The only fundamental purpose seems to be to ensure that, right across all sections of the community, it leads to a cry of “Never again”.

[Lord Murphy of Torfaen (Lab)]

My Lords, this has been a very interesting and thoughtful debate. For 17 years before I entered the House of Commons I taught history, and I thought that it had prepared me for the various jobs that I eventually had to do. When I became Minister of State in Northern Ireland, helping to negotiate the Good Friday agreement, I realised that it had not prepared me at all for what was up against me. Month after month, virtually every day, was occupied by a history lesson, which I was not teaching but which came from the different participants in the talks—of course, there were very different versions of what had happened over the last 30 or 40 years before then.

Teaching history had also not prepared me for the extent to which—as has been touched on a number of times in this debate—almost every single family in Northern Ireland was affected by violence in some form or another, either by people or their relatives being killed or by physical or mental injury. It struck me when I went back to Belfast a couple of weeks ago for the commemoration proceedings that, within 24 hours of getting there, I talked to two middle-aged men about their own history. In both cases, coincidentally, their fathers had been murdered. One had been murdered by the IRA, and the other had been murdered by loyalist paramilitaries. That was a coincidence; I did not seek it out. It just happened. It is the background of that communal history among people from all communities in Northern Ireland which makes this task immensely difficult. I am not saying that it should not be attempted, because I think it should be, but it will not be an easy task. It should be done by ensuring that there is as much impartiality and diversity as possible, which is a difficult combination to get together, so that it is written. The sensitivity behind this is enormous.

I make a very brief reference to the noble Baroness, Lady Hoey, and what I thought was a very good speech in terms of her reference to the gay community in Northern Ireland and how it suffered in a different way. There is particular resonance in my own constituency’s history because my immediate predecessor as Member of Parliament for Pontypool was Leo Abse, who in 1967 was responsible for the legislation which decriminalised homosexuality in Great Britain. Many people never realised that it was not replicated in Northern Ireland; it took many years before that was to happen. So, I think that this should be part of the history project as well.

When the Minister winds up, I am sure he will give us some good thoughts on what we should do about an official history. He might suggest the odd historian or two—there are one or two in here who might be very good at it—but at the same time he must understand that these matters, important as they are, have to be dealt with using the utmost sensitivity.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Lord Bruce of Bennachie and Lord Murphy of Torfaen

Committee stage
Tuesday 31st January 2023 Lords Chamber

[Lord Bruce of Bennachie (LD)]

I want briefly to ask the Minister how he feels people should be incentivised and whether this is the case in the Bill. The reality, as we have heard in previous debates, is that in many cases the consequences of not co-operating are nothing. If you do not co-operate, nothing happens. If the risk of co-operating is increased from £1,000 to £5,000, it is neither here nor there. Would the Minister explain why making that change would significantly affect the number of people who co-operate? Does he accept that victims are somewhat concerned that there is a desire to incentivise certain people to come forward and not others? It will do nothing to ensure that they get the information, knowledge or understanding that they need.

I know that the Minister is trying to reassure people that he is balancing the needs of victims with the concerns of veterans. The danger is that he ends up satisfying neither and alienating both. To what extent does he feel that this contributes constructively to the effective working of the commission?

[Lord Murphy of Torfaen (Lab)]

These are reasonably sensible amendments, but they go only so far. The points made by the noble Baroness, Lady O’Loan, and the noble Lord, Lord Bruce, are valid and we look forward to the Minister’s reply. If these amendments came to a vote, it is highly unlikely that we would oppose them. It was quite good that the Minister had, for example on Amendment 84, listened to the victims’ commissioner. We look forward to his reply.

Northern Ireland (Executive Formation etc) Bill

Debate between Lord Bruce of Bennachie and Lord Murphy of Torfaen

Committee stage
Monday 5th December 2022 Lords Chamber

[Lord Bruce of Bennachie (LD)]

My Lords, I rise to move the amendment in my name. My noble friend Lady Suttie would have been here, but she is recovering from Covid, so the Committee is stuck with me for the duration. I am glad to say that she is well on the way to recovery.

This amendment was tabled by our Alliance Party colleague in the other place. The feeling, which has been expressed by the noble Lords, Lord Murphy and Lord Godson, is that the timescale is tight to the point of being unrealistic. If the Minister honestly believes that we could get a scenario where, let us be clear, the DUP would be willing to engage and come back because there was sufficient progress by 19 January, nobody would be more pleased than me, these Benches and probably the whole House, but if not, it will mean that the Government have to come back and introduce another Bill. I genuinely think that it would be helpful for the Government if they gave themselves the space not to have to do that.

The only other thing we want to say is that while all this is going on, whether now or subsequent to 19 January, what information will the Government make available in the public domain on decisions that have been taken in Northern Ireland by civil servants for people to be aware of them? What information are the Government prepared to share in broad terms about negotiations that may be taking place and whether all-party talks could be initiated?

The purpose of this amendment is to create the space for the Government to get where we all want them to go on the basis that the deadline seems unrealistically tight. I beg to move.

[Lord Murphy of Torfaen (Lab)]

My Lords, I understand the reasoning behind this amendment. We touched on it in the debate a couple of hours ago with regard to the deadline. It is very tight. I cannot honestly think we will actually achieve much between now and then because of the Christmas period.

I hope we will, but one of the problems that these negotiations face is that there is more than one government department dealing with them. If the Foreign Secretary and his team are dealing with it, then the Northern Ireland Secretary and his team are dealing with it from only a secondary point of view, whereas in reality they are equally important. Could the Minister enlighten us not only in response to the amendment in the name of the noble Lord, Lord Bruce, about the deadline, but about the nature—not the detail—of the negotiations? If we have a Foreign Office team looking at the protocol here and the Northern Ireland Office team looking at the situation in Northern Ireland there, do they meet? Do they talk to each other? Are they in direct communication with each other about the implications in those negotiations?

Ballymurphy Inquest Findings

Debate between Lord Bruce of Bennachie and Lord Murphy of Torfaen

Monday 17th May 2021 Lords Chamber

[Lord Murphy of Torfaen (Lab) [V]]

My Lords, some years ago I met the Ballymurphy families and I was appalled, obviously, by their story. Ten innocent civilians died, including a priest, a mother of eight and a veteran of World War II, and 57 children were left without a parent. Since these events of over half a century ago, all Governments, including the one of which I was a member, have let these families down. I applaud the families for their resilience and determination in getting to the truth of that terrible day in August 1971.

The conclusions of Mrs Justice Keegan are clear: those who lost their lives were innocent and posed no threat. Their deaths were without justification and their fundamental right to life was violated. That these families have had to fight for so long for the truth is a profound failure of the criminal justice system, and we must learn from this dreadful story. Other families in Northern Ireland are still fighting for answers. As Northern Ireland Secretary, I initiated three public inquiries and spent many hours trying to resolve this very difficult issue of the legacy of the past, including going to South Africa to look at their truth and reconciliation process. There is no simple answer, but the Government must ensure that there is the widest possible consultation on legacy, including with all the Northern Ireland parties, the Irish Government and especially, of course, with victims and their representatives.

I fully appreciate that the Government have apologised for this tragic event but, frankly, they should go further. The Prime Minister should have delivered the Statement himself in the Chamber of the House of Commons, like his predecessor David Cameron did on the Bloody Sunday inquiry. He should now travel to Northern Ireland to meet the families personally. After 50 years, they deserve no less.

[Lord Bruce of Bennachie (LD) [V]]

My Lords, first, I associate myself with the comments of the noble Lord, Lord Murphy, who has long experience of the situation in Northern Ireland and this particular case. Given the long and bitter history of the Ballymurphy killings and Operation Demetrius, which was the genesis of the events of 9-11 August 1971, I agree also that the Prime Minister’s apology appears somewhat graceless and inadequate. Sending a stereotyped collective letter, rather than making a public statement and apology in Parliament, falls short of the sensitivity and compassion required following such a clear and stark verdict.

It has taken almost 50 years to get to this point— 50 years during which, as the verdict confirms, the victims were slandered and vilified, including by the most senior members of the Armed Forces. As the noble Lord, Lord Murphy, pointed out, Mr Johnson’s predecessor, David Cameron, whatever his faults, came to the House of Commons and made a sincere and unqualified public apology over the Bloody Sunday report. This event surely required nothing less. Once again, it reveals a dangerous lack of understanding of or consideration for the raw wounds left by the Troubles and the delicate path Northern Ireland is now treading as a result of the Prime Minister’s reckless haste to get Brexit done without adequate concern for its impact on the Belfast agreement.

The Ballymurphy killings were among a larger number of deaths that occurred during Operation Demetrius, when the Army was systematically rounding up terrorist suspects for internment without trial. Internment, a deeply controversial sanction, was made worse by poor intelligence leading to innocent, non-violent members of the nationalist community being targeted—often brutally, according to reports—by soldiers who perceived almost anyone as a potential terrorist. Not surprisingly, for such a draconian course of action, it was resented and provoked demonstrations and, in the heightened tension this created, the Army reacted by firing living ammunition and, as is now confirmed, killing innocent citizens. Despite the fact that loyalist paramilitaries also perpetrated acts of violence, it appears that Operation Demetrius was focused entirely on the Catholic community. Paddy Murray, the solicitor who represents the families of nine of the 10 victims, has said that following the verdict further legal action is being planned.

Before the verdict, the Government appeared determined to press ahead with legislation to limit the scope for future prosecutions on crimes related to the Troubles. The Secretary of State trod carefully around the issue in the other place on Thursday but, nevertheless, made it clear that the Government are still planning legislation. He talked about finding a solution that can work for “families in Northern Ireland”, but if the Government are really committed to finding a solution that works for families, does the Minister agree that the victims of Ballymurphy, and indeed of all the atrocities committed during the Troubles, and their families must come first? They must have confidence in any process that is established going forward; otherwise, the peace and reconciliation that everybody wants for Northern Ireland will be more difficult to achieve.

I remind the Minister of the key principles set out in the Stormont agreement. These are:

“promoting reconciliation … upholding the rule of law … acknowledging and addressing the suffering of victims and survivors … facilitating the pursuit of justice and information recovery”

and that the agreement is

“human rights compliant … balanced, proportionate, transparent, fair and equitable.”

Can there be any justification for setting these aside? Are the Government reassessing their position on any limitation? Is it possible or acceptable to exempt veterans from prosecution without denying recourse to victims of terrorism? Is there any support for the Government’s approach within the Province? Is it helpful or necessary to introduce this into the mix at a time of such volatility and uncertainty? Without clear cross-community support for any government proposals, will the Government accept that pressing ahead would be insensitive and unwise, and should not be imposed?

Northern Ireland Executive Formation

Debate between Lord Bruce of Bennachie and Lord Murphy of Torfaen

Thursday 16th January 2020 Lords Chamber

[Lord Murphy of Torfaen (Lab)]

This is a great and considerable achievement, and I place on record the Opposition’s congratulations, in particular to the Secretary of State, Julian Smith, who has done a fabulous job. He has worked at this extremely hard and in great detail. He really is to be commended for the energy and commitment he has put into achieving this. I also congratulate the Tánaiste and Foreign Minister of Ireland, Simon Coveney. After all, the two Governments brokered this deal with the others whom we must congratulate: the political parties in Northern Ireland, together with the civil servants, headed by Sir Jonathan Stephens, and the others who have made this a reality.

I have personal experience of talks in Northern Ireland. They are never easy. Over the past three years, I and others have been taunting the Minister about the slowness of progress in Northern Ireland, but the Statement brings us great hope. As I said, I congratulate him and his Secretary of State on it.

Some questions arising from the Statement still need to be answered. On the financial settlement, the Minister will be aware that the Deputy First Minister and the First Minister have both written to the Prime Minister with some questions on the £2 billion that the Minister mentioned. He knows, of course, that £1 billion of that is a result of Barnett consequentials that would have come to Northern Ireland anyway. Of the remaining £1 billion, I think that £250 million was planned to come as a result of the deal between the DUP and the previous Government. Can the Minister tell us whether, in his view, all the commitments in the settlement will be dealt with by that £2 billion?

A rather novel institution is also being created: a joint board between the Northern Ireland Executive and the United Kingdom Government. I have not seen this at all in 20 years of devolution, where spending has been subject, if that is what the case is, to a board that represents the reserved powers of the Government here in Westminster and, in this case, in Belfast. Perhaps the Minister could elaborate on that.

We have of course been discussing Brexit in this House for some days. Only yesterday morning, we looked at the issue of Brexit and devolution. I am glad that there will now be a Northern Ireland Executive at the table dealing with the negotiations over our leaving the European Union. However, I hope that, bearing in mind that debate yesterday, that presence at the table will be meaningful and that the Government will actually listen to the Northern Ireland Executive, as I hope they will listen to the Welsh Government and the Scottish Government as well.

One of the central parts of this agreement, of course, is cultural and linguistic matters. I am sure that the Minister would agree, being a Scotsman, that the Scottish and Welsh Governments would be more than happy to help the new commissioners in their jobs to ensure that we deal with these issues.

One thing that really is pleasing in the agreement is that there is now a constitutional and legal mechanism, which I hope will be dealt with pretty quickly, that means an Assembly and Government cannot collapse in the same way they did three years ago. This mechanism will ensure a greater guarantee of stability for those institutions in Northern Ireland.

Despite the questions I posed to the Minister, I congratulate him and the Government on a really great breakthrough.

[Lord Bruce of Bennachie (LD)]

My Lords, we on these Benches certainly welcome the Statement and the fact that the Assembly is up and running and that a new Executive have been formed. It has been a long time coming, but it is welcome. I guess that a buzz of activity will now return to the corridors of Stormont.

There can be little doubt that last year’s elections, for local government and the European Parliament and the general election, have contributed to this outcome. The people of Northern Ireland have made it clear, not only in switching votes away from the two largest parties but in what they told candidates of all parties, that they were fed up with the failure and intransigence of their elected politicians and wanted them to get back to work. They will now need to do so. However, it surely behoves all the parties to give priority to making up for lost time, commitment and resources on the fundamental issues in Northern Ireland.

For example, the figures for the health service in Northern Ireland are truly shocking and would be utterly intolerable if they were apparent on the mainland. The fact that nurses have been reduced to striking because of the of absence of a pay settlement—a strike that is unprecedented—is surely a demonstration of how dangerous the state of things has become. So it is welcome that priority has been given in the Statement to resolving the dispute and delivering pay parity. But I am sure that people, especially those in need of treatment, will want to see a rapid improvement in the delivery of healthcare.

The crisis in education is also serious. Most schools are in deficit and are having to appeal to parents for funds to provide the most basic of services and equipment, including such things as toilet rolls. On a positive note, having visited the Magee campus of the University of Ulster, I very much welcome the £45 million ring-fenced capital resource funding for a graduate-entry medical school and hope that, with agreement, this will go ahead. The university has said consistently that it is poised and ready to do so.

For us, it is particularly good to see our Alliance colleague Naomi Long take up the post of Justice Minister in the Executive. We offer her our heartfelt congratulations. Naomi has been a Member of the House of Commons and a staunch defender of the rule of law. She has often put her personal safety at risk to stand up to criminal and paramilitary elements in Northern Ireland. She will be a committed and effective Minister, and we wish her the very best in her new role.

I particularly welcome the news that integrated schools, such as Cliftonville Integrated Primary School and Glencraig Primary School, will receive a share of the £45 million school enhancement programme that has been announced. The community in Northern Ireland benefits greatly from educating children together. These are great examples of schools where children of different religions, traditions and cultures are welcomed and treated equally. I have visited integrated schools and can see the positive environment they create. Can the Government provide more information on steps that will be taken to improve community relations in Northern Ireland and how they will work with the parties to ensure there is a genuine shared future for all? The Secretary of State made clear that this was not just about getting the Assembly back but trying to move forward to a more positive future.

As the Northern Ireland protocol unfolds and Brexit moves into a detail phase, it is of course welcome that the people of Northern Ireland will have a voice and a seat at the table. But the challenges are immense, new funding is essential and we must avoid backsliding into the old ways. Can the Minister explain how the proposed UK Government-Northern Ireland joint board referred to by the noble Lord, Lord Murphy, will operate, who will be on it and what its authority will be?

In conclusion, we all welcome a fresh start. We do not underestimate the challenges of restoring normality or dealing with Brexit but sincerely hope that, rather than just a “New Decade, New Approach”, this will stick and deliver for the people of Northern Ireland and the UK for the long term, and that we will not face the prospect of a collapse of the Executive and Assembly again.