Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Lord Rogan and Baroness Hoey

Committee stage
Tuesday 24th January 2023 Lords Chamber

[Lord Rogan (UUP)]

My Lords, my remarks will focus on Amendment 33 in the name of my noble friend Lord Empey, who has asked me to apologise to your Lordships for his absence tonight. His wife is currently still in hospital after several days. I have no doubt that noble Lords will wish to join me in wishing Lady Empey—our friend Stella—a full and swift recovery.

The noble Lord, Lord Hogan-Howe, who is not in his place tonight, mentioned that we were near the end of the amendment of the noble Baroness, Lady O’Loan, before the RUC was mentioned. Like the noble Lord, Lord Caine, I thank him for his kind remarks about that force, which suffered so much during the Troubles. My noble friend Lord Empey’s amendment seeks to insert a legal guarantee that former members of the Royal Ulster Constabulary George Cross, the Historical Enquiries Team or the Police Service of Northern Ireland will not be precluded from employment by the ICRIR. Of course, there is no reason that they should be; however, recent history tells us that some will, none the less, seek to find a reason.

Noble Lords will be aware of Operation Kenova, mentioned many times tonight, set up in 2016 to investigate a series of terrible crimes, including kidnapping, torture and murder, involving an individual codenamed Stakeknife. The Operation Kenova team is led by Jon Boutcher, who, at the time of his appointment, was Chief Constable of Bedfordshire Police. He retired as chief constable in 2019, coinciding with a decision to expand Operation Kenova’s remit to four separate investigations, and he continues to lead that team. For the record, last year he found time to launch an unsuccessful bid to become Commissioner of the Met. One of Mr Boutcher’s first decisions when appointed to lead Operation Kenova was to prohibit former RUC GC and PSNI officers from involvement in the investigations. This ban has remained in place as his remit has widened. There is no logic to this, and neither is there any merit in blocking their route to employment by the ICRIR.

There are various interpretations of what this legislation is or is not intended to do. However, conducting thorough investigations into the multitude of unsolved murders and other horrific incidents throughout the long years of the Troubles should clearly be at the top of the list.

Clause 3(3)(a) provides that the ICRIR officers should

“have experience of conducting criminal investigations in Northern Ireland”.

So, if proper investigations are to be carried out by individuals with first-hand experience of this work in Northern Ireland, surely former RUC GC and PSNI officers, as well as serving PSNI officers on secondment, should be at the head of queue to be engaged with the ICRIR.

I have always been a strong advocate of law and order. Throughout Northern Ireland’s darkest days, it fell to the brave men and women of the RUC, alongside the Armed Forces, to maintain law and order. Some 312 RUC officers lost their lives at the hands of terrorists, with 302 of those tragic deaths occurring in the Troubles. Over 10,000 more officers were injured in attacks, with over 300 left with life-changing injuries. While I remain a strong supporter of the Belfast agreement, the loss of the RUC GC’s name and cap badge were bitter pills to swallow. However, I cannot, and will not, allow the remarkable achievements and bravery of that force to be airbrushed from history, as many would like, especially IRA Sinn Féin, which is carrying out an intense and continuing campaign to rewrite the history of the Troubles and—as the noble Baroness, Lady Hoey, has alluded to—to show IRA Sinn Féin in a better light than its former bestial acts would merit. That includes barring former RUC officers from serving once again. Similarly, serving, and former officers of the successor force, the PSNI, must be afforded the same access to skilled employment that the ICRIR will offer.

I ask the Minister for an assurance that the intention behind my noble friend Lord Empey’s amendment will be respected and adhered to by His Majesty’s Government when the Bill receives Royal Assent.

[Baroness Hoey (Non-Afl)]

My Lords, first I say that, on the whole, I support most of the government amendments; they are sensible, and I am sure noble Lords will find them reasonable. As one of the sponsors of the amendment in the name of the noble Lord, Lord Empey, I agree with everything that the noble Lord, Lord Rogan, has said. It is shocking that we need an amendment to make clear the position of those people who served our country so well for so many years in the Royal Ulster Constabulary, the Historical Enquiries Team or the Police Service of Northern Ireland—it is shocking that it should even be contemplated that they might not be considered to be a commissioner.

The reason we have to put it into the Bill is because there are very large numbers of people, particularly from the nationalist side, who spend their lives denigrating what was done by the RUC. Of course, there were bad apples, but I do not think there were probably as many bad apples as we have seen in the Metropolitan police force over the last few years. I urge the Minister to include this in the Bill so that people in Northern Ireland will know that this House and this Government—the Government of the United Kingdom of Great Britain and Northern Ireland—realise and celebrate the steadfast and dedicated work put in by so many people in the RUC, so many of whom, as the noble Lord, Lord Rogan, mentioned, paid with their lives and with their injuries. Can I suggest that the Minister comes back and says very clearly and simply “Yes, we will put it into the Bill”?