Northern Ireland: Legacy of the Troubles

Debate between Lord Caine and Lord Godson

Tuesday 7th May 2024 Lords Chamber

[Lord Caine (Con)]

The noble Baroness will not be surprised to hear that I do not agree. The commission, as she knows, became fully operational last week and is now proceeding with its work under the distinguished leadership of Sir Declan Morgan, the former Lord Chief Justice, and Peter Sheridan, a former senior police officer.

[Lord Godson (Con)]

My Lords, will my noble friend the Minister reflect on the remarks of Michael McDowell TD, a former Irish Attorney-General and Minister for Justice between 1999 and 2007, as quoted in the Irish Times last November, when he reminded us that the Republic’s approach to legacy has always been based on the indemnities presently being condemned by some noble Lords in this House? Will he also add something: that the approach of the Belfast agreement was to honour and care for innocent victims and to support their right to remember as well as to move on and contribute to a changed society? Does my noble friend the Minister therefore agree that the UK’s current policy is consistent with the Belfast agreement in all its aspects?

[Lord Caine (Con)]

I agree with my noble friend that the legislation is absolutely consistent with the Belfast agreement, to which we remain resolutely committed as a Government. It is worth recalling that both the UK and Irish Governments have previously decided to make compromises on established criminal justice processes in the hope of moving the process forward, including decommissioning, prisoner releases and the search for the location of victims’ remains. As my noble friend made clear, the Irish Government’s position is hard to reconcile in relation to the positions they have adopted on these matters in the past and, indeed, their own record of dealing with Troubles-related cases within their own jurisdiction, where, to the best of my knowledge, there has not been a single prosecution since April 1998.

Northern Ireland Executive Formation

Debate between Lord Caine and Lord Godson

Thursday 1st February 2024 Lords Chamber

[Lord Caine (Con)]

Those will of course all be matters for the new Executive to take forward, not for His Majesty’s Government to impose. However, I am sure that they will take note of the comments of the noble Baroness.

[Lord Godson (Con)]

My Lords, I join my noble friend the Minister in welcoming this Command Paper, Safeguarding the Union, which by common consent constitutes the most extensive set of commitments in decades, by any Government, to strengthening the union, and thus fulfils many of the consent principles enshrined in the 1998 Belfast agreement. Of course, this needs to be set in the broader context of this Government’s pro-union commitments, not least of which—I seek my noble friend’s thoughts on this—was the recent legacy legislation whereby the Government also pushed back at Dublin’s intemperate response to the very necessary legislation in this House, which he took forward here, to protect our service men and women and others besides. Does he therefore agree that the time has surely come for unionists of all hues to recognise this Government’s commitment to the union and to strengthening our United Kingdom, and for them to row behind that?

[Lord Caine (Con)]

I pay tribute to my noble friend for the work he has done on the Northern Ireland protocol sub-committee over the past few years and for the work of his think tank, Policy Exchange, which has helped frame the debate around a number of issues connected with the Northern Ireland protocol. I agree entirely with his comments about the Government. Anybody reading the Command Paper can be in no doubt that this is a unionist Government committed, within the terms of the Belfast/Good Friday agreement, to the maintenance and strengthening of Northern Ireland’s position within the United Kingdom. As somebody who is an unashamed and unapologetic unionist, I strongly welcome that.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Lord Caine and Lord Godson

Report stage
Monday 26th June 2023 Lords Chamber

[Lord Caine (Con)]

My Lords, I am grateful as always to those who have contributed to this debate, which was lengthier than some of us had perhaps anticipated. We went over many of these issues extensively in Committee only a few weeks ago. I will therefore try to be as brief as possible and address my remarks in large part to the amendments.

Obviously I am aware that there have been a number of powerful and deeply moving contributions today that reflect the experiences of individual Members of your Lordships’ House who have suffered at the hands of terrorism and violence in Northern Ireland over many decades. I refer in particular to the comments of the noble Lord, Lord McCrea of Magherafelt and Cookstown, and the noble Baroness, Lady O’Loan, who shared some of her personal experiences. The House cannot fail to be moved by some of the remarks and reflections, including also those of the noble Baroness, Lady Ritchie of Downpatrick, that we have heard today.

As I have said many times, we are never going to agree on a common narrative about the past in Northern Ireland, but we can seek to put in place structures that will help all in society, including future generations, to have a better understanding of the past, with the overarching aim of enabling people in Northern Ireland to move forward, on which I agree wholeheartedly with the comments of my noble friend Lord Patten of Barnes.

I turn first to the memorialisation strategy, which will seek to build consensus around new structures and initiatives to commemorate those lost during the Troubles and to seek to ensure that the lessons of the past are not forgotten. The noble Lord, Lord Dodds of Duncairn, highlighted with his Amendments 114A and 114B that this objective would be fundamentally compromised if it allowed for the glorification of acts of terrorism. I am on record many times in this House as saying that politically-motivated violence on all sides, whether republican or loyalist, was never justified in Northern Ireland, and I agree completely with the words of the noble Lords, Lord Dodds, Lord McCrea of Magherafelt and Cookstown and Lord Weir of Ballyholme, and others on that. The Government will never accept any suggestion that there was, to use the quote, “no alternative”, which is peddled by those with a political motivation to rewrite history in order to denigrate the actions of the state along with the Royal Ulster Constabulary and the Armed Forces.

I take on board some of the comments of the noble Baroness, Lady O’Loan. There are of course examples where members of the security forces have fallen short of the highest standards, but I maintain that the vast majority of those who served in Northern Ireland did so with great courage, professionalism and integrity, while defending democracy and the rule of law. Without their service and sacrifice, there would have been no peace process; we owe them an enormous debt of gratitude. The noble Lord, Lord Dodds of Duncairn, can be assured that this Government will never accept any moral equivalence between those who defended democracy and the rule of law and those who sought to destroy both.

Having listened to the strength of feeling on this issue, the Government have tabled an amendment to Clause 48, adding an overarching duty that would require the designated persons to have regard to the need to promote

“reconciliation … anti-sectarianism, and … non-recurrence of political and sectarian hostility”.

In the Government’s view, this goes further than the amendments of the noble Lord, Lord Dodds, in that the overarching duty would apply to all the measures in Part 4, not only to the memorialisation strategy set out in Clause 44. Any attempt to glorify terrorism, or to revise or rewrite history in ways that justify it, would be fundamentally incompatible with this new overarching duty. Non-recurrence speaks to the avoidance of future political violence, which necessarily includes ensuring that no memorialisation activities glorify the commission or preparation of Troubles-related offences. The Government will also ensure that this understanding is reflected in any guidance documents or terms of reference.

Further amendments tabled by the Government commit the Secretary of State to consulting organisations with experience and expertise in promoting reconciliation and anti-sectarianism between communities in Northern Ireland before designating the delivery organisations and, crucially, before responding to each of the

“recommendations made in the memorialisation strategy”.

I hope that the Government’s amendments here address some of the noble Lord’s concerns around glorification, which I know are shared across the House, as has been so vividly set out this evening. Indeed, a core objective of the strategy, along with other measures in Part 4, is to confront the glorification of terrorism.

Amendments 117 and 118 are in the name of the noble Baroness, Lady Hoey. As I said during Committee, I fully support the sentiment behind these amendments, which seek to ensure that any Troubles-related academic research is suitably diverse and not, as the noble Baroness said, monopolised by a single view. But while she rightly highlighted that funding applications are assessed based on the past record of those applying, that is not the sole criterion used by research councils: for example, research impact, value for money and public engagement are a few of the other criteria used. As such, the wording of this amendment would have little practical effect. Going further, Clause 48 specifically requires that the designated persons, in delivering this work, ensure that a variety of views of the Troubles are taken into account. However, I take on board the noble Baroness’s comments about even-handedness.

On Amendment 118, as I said in Committee, nothing in the provisions of the Bill would preclude research into LGBT experiences during the Troubles, should the academic community feel that there is a particular need. I am sure noble Lords will agree that if we were to debate the inclusion of every theme relating to the Troubles, or themes which occurred during the same period, we would be here for a very long time.

The noble Baroness, Lady Hoey, referred to the clauses that deal with the role of women. There are international precedents and standards affirming the important role of women in the resolution of conflicts, in peace negotiations and in reconstruction. I visited an exhibition dealing with those issues at Ulster Museum only a couple of weeks ago. I would therefore respectfully maintain our position that these amendments are not required, but I am grateful to the noble Baroness, along with Jeff Dudgeon and the Malone House Group in Northern Ireland, for their ongoing constructive engagement on these matters. I think the noble Baroness will be aware that I had a useful meeting with the Malone House Group in the last two weeks.

Touching briefly on the advisory forum under Clause 49, I think noble Lords are understandably concerned with ensuring that the advisory panel overseeing the measures in Part 4 is not politically biased in its composition. As I said in Committee, I respectfully suggest that this amendment is not expressly necessary. Clause 49(2)(b) already states that, in establishing an advisory forum, due regard must be given to the need for the forum to have a balance in terms of members who are associated with different parts of the community in Northern Ireland—“different communities” being defined in the Bill as those which have differing views on the constitutional status of Northern Ireland.

Lastly, Amendment 118A in the name of my noble friend Lord Godson would enshrine in legislation the Government’s commitment to commissioning an independent public history relating to the Troubles. The term used throughout the debate this evening was “an official history”; the updated term, following the Pilling review, is a “public history”. Noble Lords will recall the fairly recent debate on this amendment during Committee, when noble Lords had an opportunity to discuss these proposals. From those who contributed on that occasion, there was certainly support in Committee for this project in principle.

It is clear that the main practical concern is around the extent to which the Government’s official history programme, which has been in hiatus since 2008, is a suitable delivery vehicle for a historical project of this scale and importance. Let me therefore clarify to noble Lords that, while this project would be akin to the official history programme for the purpose of using long-standing protocols to grant the necessary access to archival material, it will be driven forward separately by the Northern Ireland Office, consistent with subsection (5) of my noble friend’s proposed new clause.

I turn briefly to the points raised by the noble Baroness, Lady O’Loan, the noble and right reverend Lord, Lord Eames—whom I have always listened to with huge admiration and respect, even when we may occasionally disagree slightly—and my noble friend Lord Patten of Barnes. It was in recognition of some of the difficulties that all three of them raised in their comments that the former Secretary of State specified in moving this project forward that, in keeping with previous official histories commissioned by the Government, this official history would focus primarily on the UK Government’s policy towards Northern Ireland during the Troubles, rather than attempting to write a general history of the Troubles themselves.

Returning to my noble friend Lord Godson’s amendment, in respect of funding, I can confirm that the project will be fully funded from the £250 million pot that the Government set aside for the establishment of legacy mechanisms as part of the Stormont House and New Decade, New Approach agreements. Having written to my noble friend, I hope that the update and clarifications have gone some way to providing assurances on the concerns which may have prompted his amendment, and otherwise demonstrated the seriousness with which the Government are approaching this endeavour, so I would respectfully suggest that he does not press his amendment. I am of course happy to engage with him further in advance of Third Reading, recognising his strong interest in this matter and his expert advice, which I warmly welcome.

On that basis, I urge noble Lords to withdraw or not to press these amendments.

[Lord Godson (Con)]

My Lords, I will be happy not to press my amendment.