(1 day, 15 hours ago)
Commons ChamberI thank my right hon. Friend the Member for Leeds South (Hilary Benn) for his work on the Bill and for the way in which he engaged with our Committee, especially during our inquiry into the legacy of the troubles. As Chair of the Northern Ireland Affairs Committee, I have heard at first hand from families whose lives were changed forever by the troubles and who decades later are still searching for answers about what happened to their loved ones. That is why it is so important that we get the legislation right for all those who continue to carry the legacy of the past.
Amendment 286 reflects a recommendation of the Northern Ireland Affairs Committee following our extensive inquiry into the legacy of the troubles and speaks to the very heart of an issue we heard about time and again. Throughout our inquiry, victims, survivors and families spoke of the frustration of delay. Many have waited decades for answers, so we should be looking to remove obstacles to information recovery and not to create new ones. I pay tribute to Joe McVey, the Victims and Survivors Commissioner, who is in the Gallery, for the work he has done and for working with our Committee.
The Bill as drafted requires organisations such as the Police Service of Northern Ireland to assess and classify material as “sensitive or prejudicial” before it can be transferred to the legacy commission. The Committee concluded that that requirement may be unnecessary and risks creating a substantial administrative burden. On a matter of principle, an independent commission should be trusted to make its own judgments about the handling and disclosure of information. If Parliament is establishing a body to investigate the past, that body should have direct access to the records it needs to do that work.
There is also a practical case for the amendment: much of the material needed for legacy investigations is actually held by the PSNI, often in records more than 30 years old and spread across multiple systems and archives. The chief constable has warned that locating, reviewing and disclosing such material is already a resource-intensive task, yet the Bill places further obligations on the PSNI to carry out sensitivity assessments before information can even reach the commission. Those concerns are not new. During our inquiry, the PSNI argued that direct access for the commission would be far more effective, pointing to Operation Kenova, which operated without such a requirement.
The chief constable recently wrote to the Government again to voice those concerns, warning that without dedicated capacity there is a material risk of delay and damage to confidence in the wider legacy process. Critically, no additional funding has been identified for the work, which creates a risk that resources are diverted from present-day policing to administer the past. The amendment would not remove safeguards for sensitive information. It would simply place responsibility where it belongs: with the independent commission.
Victims and families are not asking for additional bureaucracy; they are asking for answers, as the Secretary of State rightly pointed out. If we are serious about delivering those answers, about building confidence in the process and about using public resources effectively, we should remove this unnecessary hurdle. I encourage the Government and the Secretary of State to reflect on the substance of amendment 286.
It an honour to follow the hon. Member for Gower (Tonia Antoniazzi), who speaks eloquently about this topic. I have spoken at length in almost every debate we have had about this matter, having served during the troubles myself, and I contemplated whether I should stand up and speak again today. Like my right hon. Friend the Member for Belfast East (Gavin Robinson), I do not want to say what has already been said over and over and waste time, but the right hon. Member for Leeds South (Hilary Benn) spoke eloquently about the stories that never leave us. We have all heard the stories that never leave us.
The hon. Gentleman is telling a remarkable story from his own experience and that of the officers he served with. One thing that this debate is perhaps not touching on, but should, is the number of lives that the British Army, the Royal Ulster Constabulary and the PSNI saved. Indeed, many in this Chamber owe their lives to the investigations and the deterrent effect of the RUC and the British Army, including my hon. Friend the Member for East Londonderry (Mr Campbell), who had a bomb under his car, and myself as the Member for Strangford. The Castlewellan IRA unit were coming to get me, but they did not, because the RUC thwarted it. That is an example of the good things that they have done over the years, but that are never heard about. It is time they were.
The hon. Member raises some valid points. A lot of people here have first-hand experience, and the RUC and the military did exceptional work during the troubles—beyond what it is possible even to explain here.
When I look at new clause 21 and amendment 47, I think about how we deal with memory and history. I will explain that in a bit more detail. The Secretary of State said that new clause 21 is illogical. I disagree. I believe that the bar should be exceptionally high.
I went to the Green Jackets reunion this summer. I had not been for 16 years, because—I have spoken of my history and my past—I had to have a break from my past. That is to say nothing against my friends, but I needed to move out of that environment until it was safe for me—given the violence, alcohol and other issues I have had—to go back into it. I had an amazing time at the reunion. I was with my colleagues, and people were telling me stories. Five of us all had exceptionally different memories of a story. People were telling me stories about when I got shot; I knew that they had joined the military five years after, but they were recounting it like they were there with me. It is not that they were making things up; they had heard it that many times that they believed they were there. You are reliving all of these points.
Let us have a look at what it was like to serve in Northern Ireland—this is the point that I want people to grasp in relation to amendment 47. I grew up in Hereford, and my dad was one of the first SAS soldiers to serve in Northern Ireland. We all knew people who had served in Northern Ireland. We knew young soldiers who would come back to the pub—I will not say what age I was first going to the pub—and people would say, “They’ve been over the water.” They did not talk about it; they did not want to talk about it. It was not that they were smashing the place up—some people did, but some reacted differently. They had seen things that their mind had not processed.
I have come through the other side of complex post-traumatic stress. I had therapy. I had witnessed and seen things in my life that my brain could not process. If you see something, you put it into a library in your brain. If you have a traumatic incident, you cannot process it and put it in the library, so it is sort of sat in the foyer. You cannot choose when you pull that up or when you do not. I went through therapy to reprocess all those things in my mind. I have many friends who I know have post-traumatic stress and have not dealt with it—they have just left those issues there. I went through EMDR—eye movement desensitisation and reprocessing— and cognitive behavioural therapy. That took me through things that I had no recollection of, but that the therapist was able to pull out of my brain. I had not remembered those things for many years.
We are going to ask people to go through that process with their memories. I am 50 now—I know that hon. Members are thinking, “You look a bit younger, Stu”—and I was at the very end of Op Banner. I was a teenager. We are asking one and two generations before me to recount things they might have suffered through post-traumatic stress—things that they do not want to remember or possibly cannot remember. If you ask two or three people about the same incident an hour after, they will all have a different reason for it. We have to stand for our veterans and draw a line under this. The Bill is not doing that.
The generals, some of whom I served with on operational tours, said that the Bill is a threat to national security, and I believe it is. It impacts on morale phenomenally. I am yet to find a group of veterans—people might disagree—who support it, and I have a very good network of people; my whole life has been spent in defence and security. I have not found anybody who supports what we are doing, and I believe that there will be unintended consequences. I do not believe that we are intentionally going after our veterans, but there will be unintended consequences and we will open the door to our veterans being in the dock for years to come.
Lillian Jones (Kilmarnock and Loudoun) (Lab)
I would like to place on the record my thanks to my right hon. Friend the Secretary of State for taking the time to meet me and a formidable local veteran from Ayrshire, Alan Middleton, who does fantastic work with the local Army Cadet Force under the West Lowland Battalion. My right hon. Friend has worked tirelessly and, most importantly, has listened to those of us who feel strongly about this legislation and to the veterans who have concerns, which deserve to be heard.
When the Bill was first introduced, many veterans feared that the new legacy framework would simply become another route to the repeated investigations that have caused so much anxiety, frustration and trauma over recent decades, so I welcome the fact that the Government have listened and that the amendments they have tabled significantly strengthen the Bill.
New clause 32, for instance, recognises the unique context in which members of the armed forces operated during the troubles. Amendments 192 and 195 help ensure that investigations are rigorous and evidence-led, with clear statutory duties on the director of investigations before cases progress further. Perhaps most importantly, new clause 45 protects veterans from unexpected or intrusive contact by investigators years or, in some cases, decades after their service has ended. It places safeguards in law, including the involvement of the Secretary of State, and helps to ensure that veterans are treated with the absolute dignity and respect they deserve.
Taken together, these changes have made the Bill more balanced and, as a result, have secured my support. Nobody is asking for immunity; nobody should be above the law, but equally, there should be no witch hunt against those who served our country honourably. Investigations should be driven by genuinely new evidence, not by the endless revisiting of matters that have already been examined time and again.
The conversations I have had with veterans in Ayrshire, including those who served during some of the most difficult periods of the troubles, have left me in no doubt about the anxiety that the repeated investigations, or even the prospect of such investigations, have caused for them even decades after their service has ended. What they seek is not special treatment, nor to be placed beyond the reach of the law; rather, they seek a process that is fair, proportionate and focused on genuinely new evidence.
Ultimately, this legislation must command confidence among victims and their families, the wider public, and those who served their country honourably. I believe that the changes made to the Bill will help us move closer to that objective. They strike the right balance between accountability and fairness. For those reasons, I will be supporting the Government’s approach, and I urge Members across the House to do so too.
(8 months, 4 weeks ago)
Commons Chamber
Mr Kohler
The Government have a choice to make: whether to stand up for our international obligations. That is the right thing to do. At this time, of all times, surely we should stand up for our international obligations.
Our amendments to the Northern Ireland Troubles Bill seek to put clear statutory definitions in place to strengthen safeguards against disproportionate legal action, to provide a presumption of remote participation, to protect anonymity and to establish independent oversight of how those safeguards operate in practice. Our approach is about recognising service, context and the cumulative impact of decades of investigation, not about shielding wrongdoing.
The Liberal Democrats also recognise that reconciliation cannot be achieved by legal mechanisms alone.
I have seen a pattern forming. I hope the hon. Member did not misquote when he said that the Liberal Democrats have more veterans in their parliamentary party than anyone else, when they have eight and we have 17. I see that only one of theirs is here today, whereas many of ours are here.
We have had a very full and wide-ranging debate in which many different contributions have been made, demonstrating once again just how difficult it is to deal with legacy—I think that is a truth around which we can all rally. If it were easy, it would have been dealt with a very long time ago, but its difficulty does not mean that we should not attempt to deal with it.
The hon. Member for Brentwood and Ongar (Alex Burghart) made his case. I gently say that I was slightly disappointed when he suggested at the end that the Government are doing this for reasons that are, in some way, hidden or unknown, or that may only be discovered in the years to come. I hope he would accept that the Government’s reasons are very clear.
First, the order will deal with the failure of the previous Government’s legacy Act, for the reasons that I tried to set out in my opening remarks: failure legally and failure because it gained no consent from people in Northern Ireland.
The Secretary of State said there is no consensus in Northern Ireland. Having listened to tonight’s speeches, does he believe his approach has achieved that?
I have listened very carefully to every single contribution, and I think it is fair to say that the majority of people speaking in this debate do not agree with immunity. They might not all vote for the remedial order tonight, but they do not agree with immunity, and that is the Government’s position. I respect those who take a different view, but I think it is a failed policy—it does not exist. We are charged with taking away something that does not exist, was never enacted and was found incompatible by the courts.
(10 months ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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I have had many such meetings. I have met the Victims and Survivors Forum, for example, twice in the recent past to explain the legislation that the Government have published. There is a great lack of trust on the part of victims and survivors in Northern Ireland, who feel they have been let down many times before, and trust undermined is very hard to rebuild. They are taking account of the legislation the Government have passed. It will not surprise the House if I say that I believe it provides a foundation for moving forward, but it is really important, as my hon. Friend says, that the voices of people in Northern Ireland are heard, and heard loudly.
On 12 November, I raised with the Prime Minister the alarming statement from nine former generals who attacked the Government’s approach on lawfare against our armed forces, which they said would erode trust in the justice system and is a threat to national security. Can the Secretary of State confirm whether the Prime Minister has met with those nine former generals and whether that has changed his approach to attacking veterans?
I do not accept the characterisation that the hon. Member puts before the House. The Government are not engaging in lawfare against veterans.
(1 year ago)
Commons ChamberThe Minister for the Armed Forces, the Defence Secretary and I have had many such discussions. The measures that I have announced that will be contained in the Bill and the other non-legislative measures are the result of those discussions. We have listened very carefully to the concerns expressed by veterans and we have come forward with what we think is a fair, reasonable and balanced package of measures that will provide protection while also taking forward our responsibility to enable families, including forces families, to find answers.
I am against the repealing of the legacy Act, and I served in Northern Ireland. As I am now doing in opposition, I raised when we were in government the major concern and dishonour when none of those on the Labour Benches had the decency to come to this House and debate all the points the Minister is making now. They let the legislation go through, but it is recorded in Hansard that very few people bothered to come to the Chamber to debate it when we took it through the House.
I want to make two quick points on the support for veterans. First, you have spoken about the process they will have to go through; I want to know what support will be available, as you have mentioned. Secondly, given that the terrorists did not keep records but the British Army did, how will you ensure fairer disclosure throughout the process?
Order. I remind Members not to refer to “you”, as that means me.
(1 year, 3 months ago)
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Louise Jones
I say to anybody who signed the petition or is here today because they fear the raking over of every firefight, weapon discharge or contact from 50 years ago: that fear is false. I say again: it is complete scaremongering spread by people who are at best naive—perhaps they do not know the details of the legislation or are ill informed on the content.
I have just been outside with a load of veterans who, like me, served on Op Banner. Is the hon. Lady saying that they are naive and misunderstand this?
Louise Jones
I have said—the hon. Gentleman can read back—that scaremongering has been spread by people who should know better. They know fully the details of the legislation and the context of Northern Ireland and have gone out to these veterans and said, “There’s going to be lots of malicious lawfare against you if this Act is repealed”, when everybody here knows that is not the case at all. They are pushing a cynical political agenda.
I and my colleagues who are veterans are vehemently opposed to spurious prosecution, to dragging people through the courts where there is absolutely no case to answer and to malicious lawfare. I cannot repeat that enough. I do not want to see a single veteran who has not committed a crime in any sense being hounded. Op Banner was an incredibly complex campaign. I find abhorrent the idea that any veteran should be at risk of malicious lawfare simply for doing their job on a very difficult operation. I call on the Secretary of State to explain how we will protect any veteran who is accused of any wrongdoing in Northern Ireland.
Alex Ballinger (Halesowen) (Lab)
It is a pleasure to serve under your chairmanship, Mr Mundell.
Like many other Members present, I was proud to have served my country. In my case, it was with the Royal Marines in 2006, when I deployed to Afghanistan shortly after basic training. I was a very young and green marine, and it was quite unexpected to go into a hostile and unknown environment. I see many colleagues in the Gallery who may have done something similar several years earlier.
In preparation, we did all that we would normally expect to do as a young marine or soldier: we practised troop attacks, battle casualty evacuations, mine clearances and everything else we might do on the battlefield. But we also spent a long time studying the law of armed conflict and the rules of engagement. I know that the people we were fighting against in Afghanistan—the Taliban—had no qualms about the rules of engagement or the law of armed conflict. Back in the generation before me, my colleagues were fighting an enemy—the IRA and others—that had no qualms about the rules of engagement or the law of armed conflict. It must have been terrifying to go into that situation. But I am proud to say that, as with my generation, there were many hundreds and thousands of people who served on Op Banner with distinction, bravery and real integrity.
Under the legacy Act introduced by the last Government, groups such as the IRA, the UVF and the other terrorist paramilitaries we have heard about have been given immunity. I do not believe it is acceptable that people who have committed crimes and been involved in the killing of thousands of civilians and veterans on our side of the table should be given such immunity. It is unacceptable, and we cannot let such an unlawful and unacceptable Act stand.
My granddad is from Belfast, and when I was in the city earlier this year, I was honoured to meet survivors of the troubles at the Wave trauma centre. We met people who had been targeted or caught up as collateral damage in republican terror attacks—victims whose only crime was to be in the wrong place at the wrong time. They deserve the right to seek justice and the opportunity to receive answers. One of them was Máiría Cahill, who was the target of years of sexual abuse at the hands of the IRA. This is what she said about the Conservatives’ legacy Act:
“This bill is, quite simply, disgraceful. The Government say they take sexual violence seriously. Yet they are prepared to grant amnesty to those accused of conflict related sexual offences…in NI or England. It is an affront to victims, to justice and is gross hypocrisy.”
Of course, she is completely right.
The legacy Act has given immunity to those who targeted servicemen and women. Families of the Hyde Park and Regent’s Park bombings, where 11 British soldiers were killed by the IRA, were unhappy. One family member said:
“People deserve justice, and their hurt will never heal until that happens.”
The challenge is that the legacy Act has created a moral equivalence, on which I agree with the right hon. Member for Goole and Pocklington (David Davis). Those who have committed crimes—the terrorists—are given the same immunities as those who bravely served in our armed forces.
As well as failing the test of victims, the legacy Act has failed the legal test. The Belfast High Court found the legacy Act unlawful. After a challenge from Martina Dillon, whose husband was killed in 1997, the Court found the immunity offered to members of the Loyalist Volunteer Force to be in breach of her human rights. Of course it was in breach of her human rights. She deserves to get the justice and the answers that she pursues.
The Conservatives’ legacy Act has allowed blanket amnesty to terrorists and the perpetrators of offences including murder and torture. The terrorists responsible for 90% of troubles-related deaths have been given a free pass. This is a travesty of justice. The Government have no choice but to amend the Act.
Alex Ballinger
We will hear later from the Secretary of State about some of the protections afforded to veterans, but it is also important to note that in the last 13 years only one veteran has been prosecuted and, as we heard from my hon. Friend the Member for North East Derbyshire (Louise Jones), he received a suspended sentence. So the chance of any veterans who served in Northern Ireland being pulled over the coals again and being sent to prison is vanishingly small, and we need to be realistic about that. We need to be honest with those who signed the petition.
Fred Thomas
To clarify, I said there are 500 veterans in Plymouth Moor View who signed the petition, so I am not sure that I can answer the hon. Member because I did not meet with them recently to talk about this issue. I do not think that anyone is suggesting that veterans themselves are naive.
Fred Thomas
I have just taken an intervention, so I will not.
Context is king. We have had peace for a generation. Hon. Members have passionately laid out the wrongs, ills and evils of the IRA, going through operational detail, which I appreciate. No one is suggesting that any of those things were justified—that is not the argument that anyone is making—but we are discussing a piece of legislation that, in order to buy the protection of veterans, allows for the protection of terrorists. We are saying, “I don’t think that’s correct.” We need to be able to go after those terrorists. There is a bigger context, isn’t there?
Fred Thomas
Not quite yet. The bigger context is that the world is extremely insecure at the moment. We all hope and pray that this country never has to go to war again. Personally, I think we might have to in the foreseeable future. We hope that does not happen, but when and if it does we need the moral, legal and total legitimacy to go in with extreme force and do what needs to be done. If we pass laws, as we did a year and a half ago, that nibble away at our international reputation for having a lawful and professional military, we are going to struggle in years to come. That is the bigger context that we need to keep in mind.
The Overseas Operations (Service Personnel and Veterans) Act 2021, for which I sat on the Bill Committee, covered that. I also sat on the Bill Committee that considered the Northern Ireland legacy Act, and I saw the months of trying to agree something that we could get through the House to protect veterans. We mentioned naivety; people might be doing things for the right reason, but if we adjust and change that Act, our veterans will face prosecution. I defy anybody who thinks otherwise.
Fred Thomas
I am very grateful to the hon. Gentleman for his service on those Bill Committees. I do not agree with what he said, but that is the nature of this debate, and I am willing to have it.
To close, it has been alluded to that we are yet to see from the Government what the safeguards will be for veterans. I will say this openly: I need to see those. We all need to see those. I ask Opposition Members, and all hon. Members of the House, to bear in mind the big bits of context that I hope I have introduced: peace for a generation, a very threatening world picture, and the need for moral legitimacy.
It is a pleasure to serve under your chairmanship, Mr Mundell. I thank all the residents of South Shropshire who signed the petition or came to see me, and all the veterans who have come down today. My dad was one of the first SAS troops to serve in Northern Ireland in the ’70s, and I served 18 months during the troubles on Op Banner, so I have first-hand experience of that. How do I share some of that experience to set out the reality of what it is like to be a soldier on operations?
I was a teenager when I deployed on my first tour to Belfast. I had little understanding of the big political situation, but I knew everything I needed to do, what I could and could not do, and all the rules of engagement, and everybody on the tour followed those. Our pre-deployment training, which the hon. Member for Plymouth Moor View (Fred Thomas) mentioned, was extensive. For months we covered every possible scenario that we could face when in Northern Ireland on operations. I was a rifleman with the 2nd Battalion the Royal Green Jackets. They were tough soldiers, but professional and knew what they could and could not do.
Let us throw a little context on what it can be like on operations in Northern Ireland. Let us imagine patrolling what could be a normal housing estate in the UK—some areas would be more rundown than others, but the structure is the same. When we walk past somebody, we do not know if that person is going to buy something from a shop, pick up their children, or plan to kill us. We do not know what their intentions are. When a car speeds around the corner, as we see every day on our streets, we do not know if that person is late to pick something up, going to an event, a joyrider, or somebody driving past to kill me and my colleagues in a drive-by shooting. We do not know that, but these things happen all the time. We never really knew anybody’s intention.
In 1996, in the middle of my tour, there was a decision not to allow a march to go through Drumcree, and what was a semi-stable environment turned within a matter of hours into complete carnage, with rioting and people being burned out of houses up and down the whole area. All of a sudden, law and order—the whole rule of law—had completely broken down. In about four days, I believe some 750 RUC were injured, of whom four were shot on patrol with us in one night. So whatever people thought it was like, when discussing this many years later people have to add the extreme pressure, the mental pressure, that we faced as we looked under the vehicle every single day to see whether it was a car bomb.
When we were in the riots and somebody goes to throw a brick or a stone, we have a split second to react: is that a grenade? Is it an improvised weapon? Every one of those is designed to cause harm and some are designed to kill. We have a split second to decide whether to open fire—or do me and my colleagues get killed? We do not know. There is pressure. We might have been out for many hours with very little sleep, but we knew what we had to do.
Many soldiers who served in Northern Ireland spend every day remembering their colleagues who did not return, trying to forget what they saw and what they witnessed, and are woken at night by screams. That has not left many people. We asked them to do the most extreme things in the most difficult conditions.
I was proud when the previous Government—too late, in my mind at least—introduced the legacy Act. I sat on the Bill Committee. The Act meant protection for our veterans, which is what I had campaigned for. I had spoken about that many times before, and I had seen new colleagues who were facing prosecution, or the threat of prosecution, for their time. I believe the whole veteran community at the moment sees the repealing of the legislation as a body blow. I do not think the Government realise the anger that the community will feel.
Mr Angus MacDonald (Inverness, Skye and West Ross-shire) (LD)
My son is a serving soldier, and he tells me that many are leaving the forces because of this issue. We are tens of thousands below our recruitment level. Does the hon. Member think he is right and that this is damaging our ability to defend our country?
I thank the hon. Member’s son for his service. Mine joins in two months at the age of 16. I hope that 30 years down the line, when he has defended his country as the hon. Member’s son has, they do not go through this, because morale is at rock bottom. There is no naivety among veterans.
Louise Jones
The hon. Member is welcome to check Hansard after the debate, but I was referring specifically to people—we all know they exist—who are scaremongering without knowing the details of the Bill and naively making up things that are not based on evidence. At no point did I say that any veteran is naive, and I know that he has too much respect for our procedures and for colleagues to keep repeating that when it is not true.
I think that all the veterans in this room believe that the Government’s current route is wrong—are they misguided, or are they naive? If we go down the route of changing the law in this way, I can guarantee that our veterans will face prosecution for the service that they gave their country for many years.
Our veterans do not need to read the Bill; they just need to look at the outcome of the Clonoe inquiry—four potential manslaughter prosecutions.
As I said, we asked our veterans to defend us and to do the hardest things while others slept soundly in their beds at night. I hope that we never face more conflicts in the future, but I believe we will, and we must have a moral compass that means we protect those who protect us. I demand that the Government set out that the route they are taking will ensure that no prosecution of our veterans happens. The Secretary of State has even heard from Members of his own party that they are not reassured about that. We need to see that no veterans are thrown to the wolves, and we need to protect those who have served their country with the utmost pride.
Mr Paul Foster (South Ribble) (Lab)
Thank you, Mr Mundell, for allowing me to contribute to today’s petition debate; it is a pleasure to serve under your chairmanship. I will not take any interventions, and I will be as short as I can to allow as many Members as possible to speak.
I start by reminding everyone once again that I am a proud retired Royal Engineer. Although I did not serve in Op Banner, many colleagues and friends did. The Op Banner veterans did their duty in exceptionally challenging circumstances, and I commend them all—each and every one of them. I would also point out to colleagues that, despite not serving in Op Banner, I was in Quebec barracks in Osnabrück in Germany when it was attacked by the IRA in June 1996. I get it, I really do.
What is of the utmost importance is that we deal in facts, and facts alone. Fact one: the previous Conservative Government pushed through the legacy Act in 2023. The Act created one route for dealing with the past, through the creation of the Independent Commission for Reconciliation and Information Recovery. It received almost unanimous condemnation from victims groups and the political parties in Northern Ireland, for differing reasons, as has been said.
Fact two: the previous Conservative Government publicly stated at the time, despite numerous challenges, that the Act would be fully compliant with the European convention on human rights, the Windsor framework and the Good Friday agreement, and they knew that that most certainly was not the case. In February ’24, the Northern Ireland High Court found that the Act was in fact incompatible with the European convention on human rights, specifically articles 2, 3 and 6, and it was therefore deemed unlawful. It also found that it was incompatible with article 2 of the Windsor framework, and that it should therefore be disapplied. If the previous Government knew that this was the case, they should never have proceeded in pushing the legacy Act through Parliament. It was a deliberate and wholly irresponsible course of action.
Mr Foster
No, I am making progress.
Fact three: in January 2024, the Irish Government launched an inter-state application against the United Kingdom before the European Court of Human Rights, on the basis of the legacy Act violating articles 2, 3, 6, 13 and 14 of the convention. This case against the United Kingdom Government is still live.
These are indisputable facts. If an Act of Parliament is found to be unlawful, the Government must act. However, the repealing of the legacy Act is not a simple exercise—we all understand that—and any changes introduced must offer the protections that our veterans, victims and impacted families all deserve. My deep concern is that, with any new legislation, we must ensure a wholly comprehensive approach to dealing with the past in Northern Ireland that recognises the unique position our Op Banner veterans find themselves in. They deserve our continued and unwavering support.
I am also profoundly concerned at the continued politicisation of our veterans, and at the misinformation being continually spouted by Conservative Members of Parliament, who should know better. This is an issue that Members of all political persuasions should be working on together, not using to seek political gain with inaccurate and misleading statements.
The unlawful legacy Act made false and undeliverable promises to our veterans about immunity, and—I say again—it has been repeatedly ruled unlawful. It generated false expectations, legal uncertainty, and delays for victims, survivors and veterans alike. It was opposed by many, including armed forces families who lost relatives serving in Northern Ireland. It gives immunity to terrorists who murdered British soldiers. The Secretary of State for Northern Ireland, the Defence Secretary and the Minister for Veterans are working tirelessly to put in place protections for our veterans, and to ensure that legacy mechanisms are fair, lawful and proportionate.
The Minister for Veterans has met hundreds of veterans and veteran organisations since taking office, including the Royal British Legion and representatives from all major military associations with Northern Ireland service experience, listening to their concerns and incorporating their feedback into the new approach. These are not new arguments, and we have had alternative solutions before, which have just not worked.
This is a hugely complex and emotive issue. All Members of Parliament should be working as one to bring about a lawful solution, supporting Ministers and veterans alike, not spreading a fake narrative. Our veterans will continue to receive the full support of this Government, and any new legislation must be carefully considered. I give my word that it will be.
Dr Pinkerton
My hon. Friend puts his finger on the issue of trust, and the lack of trust in multiple constituencies that have an interest in this question, which applies to communities in Northern Ireland as much as it does to veterans. I hope that what this Government do in pursuing a repeal and replace approach will be, at the very least, an attempt to try to rebuild trust in this process.
Despite the opposition, the legacy Act passed, leaving families in limbo, irrespective of their religious or cultural identity. Although the Liberal Democrats recognise the legal necessity to repeal and replace the Act, I have serious doubt about the Government’s commitment to meaningful consultation with those who they should be listening to most closely. On visits to Northern Ireland with the Northern Ireland Affairs Committee, I have spoken to survivors and families from across Northern Ireland communities. Victims made it clear to me that they do not seek prosecutions; what they want is honest, truthful information about how and why their loved ones died.
If the Government are serious about making progress, they must act swiftly to restore faith in the investigatory process, which has been diminished by the creation of the ICRIR as a product of the legacy Act. The Liberal Democrats support the creation of a new independent, ECHR-compliant information retrieval body, to be established in consultation with victims and survivors. That would include meaningful participation from next of kin, as proposed by the Northern Ireland Human Rights Commission. Such a body should have statutory powers to compel disclosure, backed by robust oversight. Victims must have access to records, with exemptions limited to tightly defined national security grounds.
If such a body worked properly, it could deliver long-awaited answers, support societal reconciliation and offer some reassurance to British veterans, by establishing the truth without the perceived necessity to pursue a prosecutorial pathway. However, that will only be possible with genuine cross-border co-operation between the Police Service of Northern Ireland, the UK Government, the Northern Ireland Executive and, importantly, the Irish Government, who have been remarkably reluctant to participate in such processes up to now. All stakeholders must contribute to a clear and credible record of the past.
Let me now directly address the concerns about and from British armed forces veterans. If the rule of law is to mean anything in this country, its application must be fair and equal for everyone across all parts of the United Kingdom. The UK armed forces proudly operate within the law, and that culture is instilled from day one of training for officers and soldiers alike. We do no honour to their service by weakening or suspending the legal standards under which they serve. Supporting our forces means applying the law fairly, not shielding wrongdoing or applying unequal scrutiny.
Many paramilitary actions were never formally recorded and now depend on memory. By contrast, British forces left extensive records, making them more visible and sometimes more vulnerable to investigation. That imbalance has created the perception of unfairness and injustice. Between 1998 and 2022, six members of the UK armed forces were charged with troubles-related offences out of more than 250,000 personnel who served during Operation Banner. That is 0.003% of the serving population.
It is not just about the final prosecution, but about what people have had to go through over all these years. Will the hon. Member say how many people have actually had the knock at the door, or the call, or had to give evidence? That is the issue that is really hurting people?
I call Al Pinkerton, who I assume is coming to the end of his contribution.