Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Lord Weir of Ballyholme and Lord Hain

Committee stage
Tuesday 24th January 2023 Lords Chamber

[Lord Hain (Lab)]

The point I am making is that there were files, and Operation Kenova has had access to those files. They are held principally by the security services but, under very strict conditions and with trust, the investigation has been able to retrieve information on a sensible basis without compromising the work of the security services, and that has been of great comfort for victims. That is my point and my concern about the noble Baroness’s amendment.

I turn to my Amendment 147. I thank the noble Lords, Lord Hogan-Howe and Lord Blair, both distinguished former Metropolitan Police Commissioners, together with the noble Baroness, Lady O’Loan, a distinguished former Police Ombudsman for Northern Ireland, for adding their names. The amendment is designed to ensure, as my noble friend Lady Ritchie has already argued, that the Bill does not prevent the continuation of the review into the Glenanne gang series, known as Operation Denton, which is expected to conclude and report in spring 2024—that is, after the Bill could have received Royal Assent.

What is known as the Glenanne gang series includes a significant number of murders and other terrorist offences committed in both Northern Ireland and the Republic of Ireland during the Troubles between around 1972 and 1978. The cases within the Glenanne gang series are connected by common features, such as individuals, weapons, areas or targets involved. In some of these cases, direct evidence has already demonstrated the collusion of police or security force personnel.

Various parties, including families, have significant concerns about the rigour and professionalism of previous investigations into these cases and have for many years sought a comprehensive, overarching, thematic analysis of the Glenanne series and the extent of any state collusion. On 5 July 2019, the Barnard judgment set out the requirement for an independent review of the activities of the Glenanne gang, a statutory requirement in accordance with Section 35(5) of the Justice (Northern Ireland) Act 2002 and Article 2 of the European Convention on Human Rights. The chief constable of the PSNI requested that the former chief constable of Bedfordshire Police, Jon Boutcher, carry out this review. It was named Operation Denton, commenced in February 2020 and is part of the cases being conducted under the umbrella of Operation Kenova.

To date, Operation Denton has identified 127 murders resulting from 93 separate incidents connected to this series. It has met and is supporting families of the victims. It has had success in securing the release of material from the Republic of Ireland through lobbying for and securing the introduction of secondary legislation by the Irish Government to ensure access to records held by the Garda to assist the review. It is anticipated that Operation Denton will conclude and report publicly and to families no later than spring 2024.

Operation Denton is so well progressed and has developed such strong levels of trust and confidence with the families that it would cause unnecessary delay to the review—and, crucially, undue stress to families, who have suffered grievously already—for this inquiry to be passed to the ICRIR. It is important therefore that Operation Denton be allowed to complete its work. I hope that the Minister, who I see is nodding, will confirm that in his reply to this group of amendments. The lawyers and NGOs supporting the Glenanne series’ victims and families have indicated that they will legally challenge any decision to stop Operation Denton and will not co-operate with the ICRIR, such is their confidence in the work currently being done.

In conclusion, it is almost certain that Operation Denton’s work will be completed and families informed of its findings before the ICRIR is open for referrals. I therefore very much hope that the Minister will give the Committee the assurance that I seek and the absolute assurance that the victims desire.

[Lord Weir of Ballyholme (DUP)]

My Lords, I will deal first with Amendment 1. I support this probing amendment. That is not necessarily to make a judgment that what is in place at present is insufficient, but it is probing to establish whether what is placed in the legislation is comprehensive enough and whether it covers all the situations. There can be nothing worse than finding that there are inadvertent consequences and that, through a degree of misunderstanding or because we have not been exacting enough, some people are excluded wrongly, or perhaps even that the net is drawn too widely on other occasions. As I said, I draw no conclusions as to whether that is the case at present but I will listen with care to the answers given by the Minister on that.

To take the last point on Amendment 147, I have some sympathy for the case that the noble Lord put forward. However, I have some level of reservation. It is undoubtedly an investigation into one of the most horrendous series of murders that have taken place; they were horrific, and it is correct that they should be condemned. Where I have a little reservation in perhaps suggesting that the whole Bill is flawed is that if we start looking at individual operations, however well advanced, and singling them out for some level of exemption, that can create a concern that other areas of investigation into horrendous murders which are needed are not also covered. That is my concern about Amendment 147.

On Amendment 52, again, I look forward to what the Minister will say on that. I have some reservations about it. At the moment, there is a five-year period in which there is an opportunity for a request to be made. It is hard to see in genuine cases why a family would not make that within the five-year period, so I am not clear why this is necessary. Indeed, are we shifting the goalposts by making this entirely open-ended in terms of making the request? Therefore, at this stage I am certainly sceptical about that but I look forward to what will be said in connection with it.

I support the proposals put forward by the noble Baroness, Lady Hoey, in Amendment 63. The noble Lord, Lord Hain, made the point that there is a concern about the inadequacy of some investigations. I take that very much on board. However, what the noble Baroness says is proportionate, fair and practical. I say that because Amendment 63 would take into account what previous investigations had taken place. Surely the aim of the investigations in review is to bring everything up to the same level. If work has already been done, that should be built on where necessary. We should not look to duplicate work; that is from a practical point of view because there is a danger of the level of funding becoming open-ended to the extent that it is simply unaffordable.

We also need equality of treatment. There would be a concern that if we simply disregarded an investigation —indeed, if we have investigation after investigation in some cases—then some high-profile cases in which people are able to shout the loudest may go to the front of the queue and get an additional level of investigation, rather than there being equality of treatment for victims.

Amendment 63 has been carefully worded. It does not say that a previous investigation would preclude a review or an investigation. It would place the onus on the Chief Commissioner to take account of what has happened before. In many cases, particularly in the early days of the Troubles, that investigation might well have been inadequate. What information is available should be a key factor in determining the level of work that must go into an individual case. What is there is balanced.

The proposed opposition to Clause 7 standing part of the Bill is also in this group. I again have considerable sympathy for what has been put forward. Undoubtedly, we must ensure that the net for what evidence is inadmissible to the courts is not thrown too wide. There is a concern that what is presently within Clause 7 is not fit for purpose and, at the very least, creates elements where clarity is needed. For example, it is not clear in what circumstances an applicant for immunity would provide information that is not connected with the application process. Perhaps the Minister can expand on this. Separately, Clause 7(3)(b) has the effect of making material that is later obtained “as a result” of material provided by the applicant inadmissible. That seems quite tenuous. We must ensure that the inadmissibility net is not any wider than it needs to be.

There are considerable concerns over Clause 7. I know that the Government are proposing some changes to it but again, there is a lack of clarity. For example, there is an interaction between admissibility of material, as mentioned in Clause 7, and Clause 23, on the provision of information to prosecutors. That needs to be clarified. If Clause 7 was to remain within the legislation, the Minister must clarify what impact Clause 23 has on Clause 7. Without such clarification, there would be a strong case at least for re-examination of what is in Clause 7, and perhaps for exclusion altogether.