Legacy of Northern Ireland’s Past

Lord Mandelson Excerpts

Tuesday 20th July 2021 Lords Chamber

[Viscount Younger of Leckie (Con)]

I, in return, very much respect the huge amount of experience and knowledge that the noble Lord has from his continuing time in Northern Ireland. The UK Government understand, fully appreciate and are very sympathetic to the immense difficulty for some families of accepting any prospect of a shift from criminal justice outcomes. However, this approach offers the best chance of giving more families some sense of justice through acknowledgement, accountability and restorative means, rather than a focus on retributive justice, by looking at reconciliation and how we can deliver for victims in order to end the cycle of investigations.

[Lord Mandelson (Lab) [V]]

My Lords, it must be right in principle that every family bereaved in the conflict should have access to an effective investigation and meaningful process of justice, regardless of the perpetrator. This, rightly, has guided every Government since the Good Friday agreement. However, in practice, we must be honest with ourselves that effective, conclusive investigations in the numbers demanded is simply not possible. The likelihood of prosecution is remote and therefore the original perpetrators, for all practical purposes, are being shielded by the rule of law, not living in fear of it. Therefore, it is reasonable to weigh alternative approaches. We should consider the Government’s proposals on their merits, however painful it is—and I acknowledge that it is painful—for victims’ families to accept a statute of limitations.

However, there is a suspicion that the Government might be half-hearted about a system of information retrieval if it is introduced, and that the Prime Minister let the cat out of the bag when he talked of drawing a line under the so-called Troubles the other day. Does the Minister accept that if any new body is created to retrieve information and confront people with the truth, it must be genuinely independent and powerful—fearless and fearlessly led? If not, it would be much worse than useless; it would be an insult to, and a betrayal of, every bereaved family in Northern Ireland. Do the Government accept this?

[Viscount Younger of Leckie (Con)]

Indeed, and again, I appreciate the knowledge and huge experience that the noble Lord has from his time in Northern Ireland and when he was in government throughout all those years. I reassure him that we indeed wish to set up a fully independent body to look at this. It is very important that it is fully independent, and the issues relating to that independence will be laid out, as we will see over the coming weeks. Again, we are consulting and we would like to hear from all parties on this. However, the noble Lord will also know—I appreciate his helpful remarks—that Northern Ireland has already seen difficult but necessary measures put in place that have in the past put aside normal criminal justice processes for the cause of peace and reconciliation. He will know that this includes the early release of prisoners, restricting prison sentences to just two years, even for the most heinous Troubles offences, and concluding the process of secretly decommissioning paramilitary weapons. Therefore I believe he is right that we are in a position where we need once again to explore alternative proposals.