Northern Ireland: Legacy of the Troubles

Debate between Lord Rogan and Lord Caine

Tuesday 7th May 2024 Lords Chamber

[Lord Caine (Con)]

My Lords, while I completely respect the views of the noble Baroness, I do not share her characterisation of the legislation. She will be aware that the High Court in Belfast, in its recent judgment, found that the new legacy body, the independent commission, would be able to operate independently of government, and would be able to carry out fully effective Article 2-compliant investigations. It also found that the disclosure obligations on the state meant that the new body is likely to be more effective than the current mechanisms in providing information and answers to victims and survivors.

[Lord Rogan (UUP)]

My Lords, the Omagh bomb was the single biggest terrorist attack in the Troubles, costing 29 people their lives, including a woman pregnant with twins. It was also a cross-border incursion, with terrorists coming from the Irish Republic, where they returned after the bombing. I simply ask the Minister why he believes the Irish Government are still refusing to hold their own inquiry into the bombing. What can they possibly be hiding?

Northern Ireland Executive Formation

Debate between Lord Rogan and Lord Caine

Thursday 1st February 2024 Lords Chamber

[Lord Rogan (UUP)]

My Lords, in a Parliamentary Written Answer on 6 December 2023, the noble Baroness, Lady Penn, advised me:

“£30 million has been reserved for Northern Ireland from Levelling Up Fund round 3”.


Can I have an assurance from the Minister that this ring-fenced money is in addition to the £3.3 billion package to fill the hole in Northern Ireland’s finances? Further, can he tell me when the levelling up fund money promised to Northern Ireland will finally be released?

[Lord Caine (Con)]

I am grateful to the noble Lord. I appreciate that he has a particular interest in this area and is involved in one of the potential bids for levelling up fund money in Coleraine. As to the details, I am not in a position to give him an answer now, but I will endeavour to write to him very rapidly.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Lord Rogan and Lord Caine

Committee stage
Tuesday 24th January 2023 Lords Chamber

[Lord Caine (Con)]

My Lords, I beg to move the amendment in my name. Most of the amendments in this group are technical in nature, and as such I shall try at this late hour not to dwell on them too long.

Amendments 6 and 189 are designed to ensure that the commission produces and publishes a work plan for each financial year. Amendment 7, 10 and 11 make changes to the existing provisions on annual reporting, bringing them in line with the process for producing a work plan. This will ensure that the commission has properly considered, and planned for, its expected caseload in each financial year. This is similar in rationale to comparative provisions in other legislation, including the Domestic Abuse Act 2021, which requires the Domestic Abuse Commissioner to publish strategic plans and annual reports.

I have also tabled a series of technical amendments that are clarificatory in nature. Amendment 17 deletes a reference to a commissioner having been removed from office on grounds of ill health, as ill health is not a ground for removal from office. Amendment 18 ensures that the definition of “insolvent” which applies for the purposes of the provision on the removal of commissioners also applies for the purposes of the provision on the appointment of commissioners. Amendments 19 and 31 update the provisions about the application to the commissioners and commission officers of the law relating to the rehabilitation of offenders. They ensure that the Bill reflects the current approach taken in law.

Amendment 32 ensures that the commissioner for investigations, who is also a commission officer, falls only within paragraph 14 of Schedule 1 as a commissioner and not also within paragraph 20 as an ICRIR officer. Paragraphs 14 and 20 make equivalent provision to ensure that the prohibitions on trade union activity that govern the police do not apply to the commission.

Amendment 42 avoids overlap with provisions of the Assaults on Emergency Workers (Offences) Act 2018, which will apply to designated commission officers operating in England and Wales. Amendment 194 changes the definition of “reserved provision” with regard to this legislation, reflecting the fact that Section 8(b) of the Northern Ireland Act 1998 requires consent to a Bill rather than to the Act itself. The commissioner for investigations will have the powers and privileges of a constable and be able to designate other commission officers with police powers as required.

Amendments 179 and 181 will enable the commission to enter into bespoke agreements with relevant oversight bodies—namely, the Police Ombudsman for Northern Ireland, the Independent Office for Police Conduct in England and Wales, and the Police Investigations and Review Commissioner in Scotland—regarding arrangements for external oversight of the commission’s use of police powers. This will ensure that powers are used proportionately.

The Bill as drafted includes consequential amendments giving the commission the power to request communications data directly from UK companies. Schedule 12 currently gives the commissioner for investigations the power to grant authorisations to obtain communications data for the purpose of preventing or detecting crime or preventing disorder under the Investigatory Powers Act 2016. However, following further consideration, it is the Government’s view that providing the commission with such powers would be disproportionate, particularly given the complex statutory regime associated with such powers and the scope of the commission in relation to the review of historic cases, the most recent of which, as I said in my response to the last group, are more than a quarter of a century old.

It is important to note that telecommunications operators are required to comply with the Data Protection Act, meaning that they would need a business justification for retaining communications data from 1998 and before. Therefore, the likelihood of providers holding relevant data for the purposes of the commission’s functions is very remote indeed. Removal of this clause will have no impact on the commission’s ability to obtain communications data previously obtained and still held by the relevant authorities using investigatory powers as part of previous investigations. Nor does it affect powers which flow purely from commission officers having the powers and privileges of constables. On reflection, the Government do not consider it necessary or proportionate to give the commission access to this power, given the nature of legacy investigations. I have therefore tabled Amendments 180, 182 and 183 to address the Investigatory Powers Act. The noble Baroness, Lady O’Loan, and I discussed this issue last week and I acknowledge that she has some concerns, which, again, I am very happy to discuss with her further. I beg to move.

[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.

The Future of the Northern Ireland Assembly

Debate between Lord Rogan and Lord Caine

Wednesday 30th March 2022 Lords Chamber

[Lord Caine (Con)]

My Lords, I am very grateful to the noble Baroness, Lady Ritchie of Downpatrick, and I completely agree with her points. In respect of the elections, of course people ought to be able to campaign, put up election posters and canvass without any intimidation or fear of intimidation in any part of Northern Ireland. That is part of the democratic process. On the re-establishment of the institutions, I absolutely agree with her. It is essential for Northern Ireland that all the institutions established by the Belfast agreement, under strands 1, 2 and 3, function properly and in accordance with the way they were set out in the agreement. We are fully committed to ensuring that happens after the election.

[Lord Rogan (UUP)]

My Lords, I will be briefer. The inability of the Northern Ireland Executive to meet following the resignation of the First Minister has led to a major backlog of decision-making, including the release of significant public funds. If the Secretary of State is able to step in to make decisions relating to the commissioning of reproductive health services, with which I agree, why can he not order the immediate release of £36.2 million of UK taxpayers’ money to Northern Ireland football clubs through the sub-regional stadia programme?

[Lord Caine (Con)]

I am grateful for the comments of the noble Lord, Lord Rogan, regarding duties under Section 9 of the Northern Ireland (Executive Formation etc) Act. He will be aware that Northern Ireland departments are still able to spend money into next year and I hope the matters to which he refers will be decisions taken properly and rightly by an incoming Executive after 5 May.