Northern Ireland (Ministerial Appointments and Regional Rates) Bill

Lord Elliott of Ballinamallard Excerpts

2nd reading: House of Commons
Monday 24th April 2017 Commons Chamber

[Tom Elliott (Fermanagh and South Tyrone) (UUP)]

Does the right hon. Gentleman accept that maybe a longer-term strategy is now re-emerging from Sinn Féin to make Northern Ireland unstable so that the people of Northern Ireland start to question its ability to govern itself? Maybe it is a tactic of Sinn Féin’s .

[Mr Paterson]

I do not like to comment on the motives of any political party. I would just like to say that, as someone who has been involved in Northern Ireland—I had three years as shadow Secretary of State and two years as the real Secretary of State—there is such good will among the populace across all parts of the community. I do not like talking about communities; I like talking about the whole community. They long for this to work, and there is real good will, but now there is utter frustration.

I am particularly exasperated because my great project, with representatives of four local parties—the fifth local party was also supportive—was to give Northern Ireland politicians the ability to set corporation tax, because we know that the Republic of Ireland’s determination, in the face of intense criticism from other major member states of the EU, to hold on to its right to set corporation tax has been the key to its success. The then Finance Minister in Dublin described it as the cornerstone of that success. As part of what was called the Azores agreement, it was vital for there to be a democratically elected institution in a devolved area to make that decision.

The current situation is exasperating for me, having got this measure through—having got complete unity among Northern Ireland parties and the support of almost all Northern Ireland business—and knowing the tremendous good it has done. The hon. Member for Foyle (Mark Durkan) is sitting there and I have visited his constituency. Just over the border, in Letterkenny, an extraordinary amount of investment is being made because of the corporation tax rate there, yet so much of that could have gone to Londonderry if the rate had been set in Northern Ireland. This measure was one of the great achievements of the last coalition Government, and I pay full tribute to my right hon. Friend the Member for Chipping Barnet (Mrs Villiers), who took it through during her time as Secretary of State. The powers are there, if only local politicians would grab the opportunity and establish an Executive.

Sadly, I must support this Bill; I totally endorse the comments of the Secretary of State and shadow Secretary of State that we would like to see an Executive set up. We had a successful election—that passed off—there are newly elected Members of the Legislative Assembly and they should be working with the institutions to set up a new Executive. Sadly, it is necessary to set a regional rate, but I hope we have to do it only temporarily. It is sensible for the Secretary of State to set a lengthier target of 29 June, and I wish him well on that, but if the elected local politicians still do not come to their senses by then I ask him to consider introducing legislation here on the issue of the cost of Stormont. Crudely, it costs about £1 million a month in salaries and expenses for MLAs. I know full well that the Northern Ireland public—

--- Later in debate ---

[Mark Durkan]

I am entirely happy with operating the Good Friday agreement as the people voted for it—people of Ireland north and south. A petition of concern would mean that a mechanism could be checked and proofed. If there were not concerns in relation to rights and equality, it could proceed in the normal way through the Assembly; if there were, it would require cross-community support. I make no apology for my part in negotiating and drafting the Good Friday agreement and in helping to establish the institutions. I regret the fact that we have departed from the Good Friday agreement in so many ways.

The hon. Member for North Down (Lady Hermon) referred to the appointment of the First Minister and Deputy First Minister. Like her, I listened to the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) saying that we need to change things and get to a different way, and that there should not be a situation where one party can veto. Let us remember that the St Andrews agreement limited the appointment of the offices of First Minister and Deputy First Minister to two parties and two parties only. It specified that the biggest party of one designation would appoint the First Minister, and then the biggest party of another designation would appoint the Deputy First Minister. There was to be no role for the Assembly any more in electing and having a free choice in the joint election of First Minister and Deputy First Minister, as the Good Friday agreement provided. If the right hon. Gentleman is in any way serious about what he is saying, then next time we are tabling amendments in respect of changing how the First Minister and Deputy First Minister are appointed, he should join us in supporting those amendments, not oppose them. I checked with the Clerks as to whether the Bill’s reference to ministerial appointments would have allowed me to table such an amendment. I was advised that the narrow terms of the Bill would not have allowed me again to table the amendment that I have tabled in the past.

Given the way in which acronyms are used in this place, no doubt this Bill, which we might call the ministerial appointments and regional rates Bill, will be referred to as the MARR Bill. However, there is nothing memorable about it. It is purely ephemeral in the sense of making exigent provisions in relation to the striking of a regional rate so that rates bills can be issued and councils can get their take of the district rate. I regret that it has been necessary to bring the Bill forward in this House, but I support it in terms of allowing the revenue to come in to support public services, both those run by councils and those provided by regional government departments.

The Bill is also ephemeral in the sense of resetting the meter on the appointment of Ministers. I note that the Secretary of State has chosen a timeline that would broadly equate to what the timeline under the current legislation would be if there was an Assembly election on the same day as the general election. Therefore, those who have argued for an election on the same day can have no objection to that timeline. As we heard from other hon. Members, there is another coincidence in relation to the timeline with regard to the budgetary pressures and the fact that the civil service is now having to assign a percentage of the budget in the absence of an elected Government in the Assembly. All sorts of groups and budget holders, including in the community and voluntary sector, but not only there, have been given the indication that their funding is guaranteed, as was, for the first 13 weeks of the financial year. Those 13 weeks will bring us to within a calendar week of the same deadline that we have. That should concentrate minds—I hope that it does—about what the consequences of an absence of the institutions would be.

[Tom Elliott]

Does the hon. Gentleman accept that if there is no progress within the timescale set in the Bill, the Secretary of State needs to bring forward further legislation to resolve the budgetary issues, because we cannot keep going through the financial crisis that departments are currently in?

[Mark Durkan]

We have to use the timeline that is created here and now. We also have to use such good will as any of us were able to detect in the talks in Stormont Castle over the past number of weeks.

I personally would not come to the conclusion that one party is determined to prevent the formation of a Government altogether. I wish I had more evidence that I could point to so as to support my hunch that Sinn Féin would want to see the formation of a Government. It would be better if Sinn Féin would say more in public that gave people reason to believe that. In the debate I took part in on the BBC yesterday, I was struck by the fact that Chris Hazzard of Sinn Féin said that Sinn Féin would have a powerful position in relation to Brexit because of having four MEPs and because Dublin was going to have a decisive role as a member state. He put no premium whatsoever on the institutions of the agreement. At no point did he say, “The important thing that will help us to offset some of the challenges and threats of Brexit is having our own devolved Government who are part of using and activating the strand 2 structures that are the best way of doing things on an all-Ireland basis, with relevant sectors being treated as an Ireland market, and that being reflected and respected with regard to EU construction programmes and potential funding, as Michel Barnier has indicated.” There was none of that whatsoever from Sinn Féin. I can therefore see why people are worried about what it is saying about Brexit and asking, “Where are the institutions of the Good Friday agreement?”

Strand 1 of the Good Friday agreement would be pretty central to making those institutions work because, as we know from what happened before, strand 2 cannot be activated—we cannot have a North South Ministerial Council—unless we have northern Ministers in a northern Executive. It is therefore imperative that we get our institutions up and running. A failure to do so means that we are sentenced to the hard Brexit that people are complaining about and worried about, but also a hard Brexit in the absence of any devolved mitigation—any north-south axis that can be used, including by the Irish Government. Strand 2 provides that the views of the North South Ministerial Council will be reflected and represented in various EU meetings, so it gives the Irish Government a potentially powerful role. However, whenever Chris Hazzard referred to the Irish Government’s role yesterday, none of that related to the fact that they would be reflecting the views of the North South Ministerial Council in EU meetings. We need to get the institutions up and running, although I recognise that there are issues in the way.

I do not accept the rewriting of recent history by the hon. Member for East Antrim in relation to the renewable heat incentive. When questions were put to Treasury Ministers and to NIO Ministers about a Westminster and Whitehall interest in RHI, the DUP was seething at any such suggestion by me, by my hon. Friend the Member for South Down (Ms Ritchie), or by the two Ulster Unionist party Members. The DUP was completely opposed to a public inquiry. The right hon. Member for Lagan Valley made it very clear on TV on several occasions that consideration by the Public Accounts Committee in the Assembly was sufficient and there was no need for any other inquiry. It had Sinn Féin on board with that position for quite a while, and then things fell apart between them.

Like the hon. Member for East Antrim, I ask why the Northern Ireland Executive did not produce a draft budget. Why are we in this position at all, with no hint or sign of what the devolved budget would have been? Let us remember that back on 21 November the DUP and Sinn Féin issued a joint article, stating:

“This is what delivery looks like. No gimmicks. No grandstanding.”

And that was when there was no sign of a draft budget. The DUP was quite happy to say that it was good government not to have a draft budget at that stage. We are now at a point when we should have long had the revised budget. That is what the joint article by Arlene Foster and Martin McGuinness said and it was accompanied by a lovely photograph: back in November, Sinn Féin and the DUP gave us the Mills & Boon version of lovely government. Then the wheels started to come off after the pressure created by the RHI issues in December.

What was the root cause of the arrogance that manifested itself in the RHI scandal? It was the fact that the DUP felt that it was not accountable to the Assembly and that it had been appointed entirely according to its own mandate. We heard Arlene Foster say that she had a mandate from the people of Northern Ireland. The DUP’s mandate in last year’s Assembly election was no greater than that which the Labour party got in Great Britain, and yet we were told by Arlene Foster that her mandate from the people of Northern Ireland meant that she could ignore the mandate received by everybody else in the Assembly. Given that she was not appointed by the Assembly, contrary to the provisions of the Good Friday agreement, she had no sense of accountability to it, which is why the DUP made it clear that it would veto any motion passed by the Assembly on the RHI. Of course, that is what it did, and in so doing it not only ignored the proper authority and its debt of accountability to the Assembly at large, but broke the ethic of mutuality and jointery in the offices of the First and Deputy First Ministers. That made it very difficult, if not impossible, for Martin McGuiness to continue as though there were no other strains present.

Those are not the only challenges that we need to resolve. Other hon. Members have touched on legacy issues, but unfortunately, given Madam Deputy Speaker’s advice on time, I will not be able to go fully into them. The hon. Member for Blaydon has referred to the Sammy Devenney case, which happened in my constituency. Conservative Members have also raised concerns about former officers being pursued and questioned about previous cases. However, although those cases have been presented here as examples of people being pursued for prosecution, they have actually come about as a result of new inquests about controversial deaths that have shown that some of those who were killed were not terrorists or gunmen as had previously been reported, and that therefore their killing was wrongful. It is entirely legitimate that legacy issues should be pursued and questions asked. Officers gave various accounts—and Ministers in turn, down the years, have in this House given false accounts—of those deaths and incidents. It is entirely proper that those cases should be well pursued.

Although there has been a measure of agreement among Sinn Féin, the DUP and the British Government—notwithstanding disagreements on questions of national security—on limited approaches by the historical investigations unit, the Social Democratic and Labour party wants more architecture on legacy issues, not least with regard to thematic approaches. The HIU is able only to produce individual reports on individual cases, and not to join the dots, show the patterns or draw on the wider lessons. It is also confined to looking at killings, but the troubles have many other dimensions and legacies of victimhood that are not just in relation to killings. People have many questions about the pattern, motives and character of the violence carried out by paramilitaries as well as, possibly, by the security forces, and they want those questions to be examined and tested. I think that that would give a more equal assessment of the past.

We considered those proposals in the Haass talks. Richard Haass and Meghan O’Sullivan had particular ideas about a strong approach to thematics, which would have reflected the interest right across the community. It would not only have addressed issues of state breaches and allegations against state forces; it would have been very wide, open, thorough and responsive. We need to return to those sorts of arrangements in respect of the past.

We need to make progress on the Irish language Act, but let us be clear that part of the problem is that people are selling riddles, because in the St Andrews agreement there was a pledge from the British Government that they would legislate for a language Act, whereas the only commitment on the part of the parties was for a language strategy. Ambiguities and contradictions were built into it and some of us sought clarity at the time. Sinn Féin was spinning it that there would be an Irish language Act in the Assembly, but we pointed out our honest interpretation of the literal language. Of course, we were decried simply for pointing out the truth.

Whatever the problems in relation to the Irish language Act and the RHI issue, we need to remember that Brexit is the biggest issue facing us all. What helped bring about the discolouration in the politics around our institutions? The fact is that it was Brexit, which has made a much bigger difference to the political atmosphere in Northern Ireland than certain Members care to admit.

Ballydugan Four

Lord Elliott of Ballinamallard Excerpts

Wednesday 19th April 2017 Commons Chamber

[Jim Shannon]

That is certainly part of the issue. As my hon. Friend the Member for North Antrim (Ian Paisley) said earlier, there is trauma for the families who are left and the survivors among those who have served. Many Members who are present today have served, and it is always good to see them here.

I say this to the families: I can only imagine how watching the murderer of your child, father or spouse walk free from their sentence to carry out more crime has felt like coals being heaped on your head as you mourned. I can only imagine how you have cried for your loss, asked for justice and been ignored, while watching investigations and apologies apparently being handed out left, right and centre to those who came to the table with bloody hands. My right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) has referred to that in a couple of interventions. I can only imagine what all that means, and so today I do what I can—all of us in the House do what we can—to highlight the issue.

Today I stand in the Chamber with my colleagues and friends on both sides of the House, and we declare again that we refuse to allow the rewriting of history to twist the ugly to try to make it beautiful, to make evil seem to be good, and to enable the unjustifiable to be thought of as in any way justified.

[Tom Elliott (Fermanagh and South Tyrone) (UUP)]

I thank the hon. Gentleman for initiating the debate. We hear a great deal from members of Sinn Féin who call for the disclosure of Government documents. I think it is about time that there was some disclosure from members of Sinn Féin who were in the IRA—and from members of the IRA themselves—of why the Ballydugan Four were targeted, and why others were targeted in other atrocities. I think there is a lack of openness in that regard.

[Jim Shannon]

I agree with the hon. Gentleman—indeed, the hon. and gallant Gentleman. He served in the Ulster Defence Regiment, like many of us who are in the Chamber, and wore the uniform of Queen and country. We thank him for that. As he says, we need Sinn Féin to step up and to recognise and understand the pain that we have suffered over the years in our community.

Oral Answers to Questions

Lord Elliott of Ballinamallard Excerpts

Wednesday 15th March 2017 Commons Chamber

[James Brokenshire]

I echo the hon. Lady’s comments about those who lost their lives. We recognise Northern Ireland’s unique circumstances—its economy, geography and history—and will ensure that they are properly taken into account as we prepare for EU exit. We want to ensure that those issues are properly reflected in the negotiations ahead so that we get the best possible deal for Northern Ireland.

[Tom Elliott (Fermanagh and South Tyrone) (UUP)]

What does the Secretary of State see as the greatest stumbling blocks in the current talks? How confident is he that a deal will be established by 27 March?

[James Brokenshire]

As I have indicated, I think a deal can be achieved with good will and a real sense of urgency in the discussions ahead. Issues still need to be overcome, and as I have already said, it would not be constructive to provide a running narrative. I urge people to continue to engage and to be involved in those intensive talks, because that is how we will get a positive result.

Armed Forces: Historical Cases

Lord Elliott of Ballinamallard Excerpts

Thursday 23rd February 2017 Commons Chamber

[Sir Jeffrey M. Donaldson]

I thank the hon. Lady for her timely intervention. She is absolutely right that this is not only affecting the morale of those who serve at present but acting as a huge disincentive for recruitment to our armed forces. Who wants to put themselves in the frontline in such circumstances, whereby these young men and women will be betrayed a few years down the road because of so-called human rights lawyers? It simply is not right, as is being realised—rather belatedly—with the welcome decision to close down the Iraq Historic Allegations Team. Consider the damage to the morale of our armed forces and the consequences this has had, with a marked downturn in recruitment and retention. While so-called human rights lawyers get rich with the lucre of returns such cases can bring—mainly from the public purse—the men and women defending our country on the frontline find it hard to avoid a sense of betrayal. I have heard that from many of them. All right-thinking people should rail against this.

The Stormont House agreement reached between the Government and political parties in Northern Ireland made it clear that there would be no amnesty for terrorist-related crimes, and it proposed a new set of institutions to deal with our troubled past. Let me be clear that this party stands by the Stormont House agreement. We stand by our commitment not to accept an amnesty for the terrorists. We endorse the institutions proposed under the agreement, including a new historical investigations unit that would have full police powers, and would take over the work of the PSNI’s legacy investigation branch and the responsibility for reinvestigating the unsolved murders linked to the troubles in Northern Ireland. We welcome and support that. The sooner we can get that new institution up and running, the better for everyone, especially the innocent victims. However, the Stormont House agreement has not yet been implemented due to an impasse that has arisen between the Government and Sinn Féin over national security.

It is a ridiculous state of affairs that the political party linked to the largest terrorist organisation that is responsible for the most murders during the troubles has a veto over the implementation of a policy that would give the innocent victims access to proper investigation and the prospect of justice. In a democracy, this is surely not right. It cannot be right that Sinn Féin is being handed a veto over a proper investigative process into the murders of the people who were killed by the Provisional IRA. It is a nonsense. Sinn Féin talks about respect and equality. Well, then, let us have some respect and equality for the innocent victims of the IRA, and let us see the Stormont House agreement taken forward and Sinn Féin’s veto swept aside.

[Tom Elliott (Fermanagh and South Tyrone) (UUP)]

I apologise that I will not be here for the end of the debate, as I have to attend a constituency event this evening in memory of the Enniskillen bomb victims. Does the right hon. Gentleman accept that there is a need to build into the proposed historical investigations unit a process that allows an investigation into the cases that have already run through the Historical Enquiries Team, otherwise those people will be left with nothing other than a review, and not a new investigation?

[Sir Jeffrey M. Donaldson]

I thank the hon. Gentleman for his support for the institutions proposed under the Stormont House agreement. At present, in fairness to the victims and families who have waited a long time, the proposal is that the historical investigations unit would pick up where the historical inquiries team left off in chronological order. It would be wrong to go back to the beginning and start again, leaving the people who have already waited many years having to wait even longer. Nevertheless, if there is new evidence or there are new evidence-gathering techniques with the potential to lead to a prosecution in the cases already reviewed by the HET, of course we believe that the HIU should examine them. We have no objection in principle to that happening. We believe that all innocent victims in Northern Ireland should have access to justice and be treated equitably and fairly.

It is important that the Government now proceed with the Stormont House agreement and get on with publishing the draft legislation to give innocent victims and others the opportunity to comment on the proposals, so that at last we can begin the process of implementing what has been agreed and the focus will no longer be solely on what the state did. That will shift the focus and address the issues already raised in the House about the attempt to rewrite history, because the IRA and the other terrorist organisations will be put under the spotlight. What they did will be examined and brought to the fore.

It is wrong that our retired veterans of the military and the police have to spend their latter days looking over their shoulders, still waiting for the knock at the door, while the terrorists who skulked in the shadows and destroyed countless lives on the streets are left without a care in the world about the prospect of being pursued for their crimes. That simply is not right. The terrorists must be pursued and held accountable for their crimes. We will therefore vigorously oppose any attempt to grant an amnesty to any terrorist organisation. The time has come for the Government finally to do something to protect the men and women who served our country. They were not provided for in the 1998 agreement, while the terrorists were. Special provision was made for the terrorists in 1998, in the form of the early release scheme, and other concessions have been made since, as I outlined earlier, but nothing has been done for those who served the Crown. That is wrong and needs to be addressed.

The Government must therefore give urgent consideration to introducing a statute of limitations for soldiers and police officers who face the prospect of prosecution in cases that—this is very important—have previously been the subject of full police investigations. Let me clear about that: we are talking about cases that were previously the subject of rigorous police investigations relating to killings and deaths that occurred before 1998. The Government need to look at this. It is wrong that our veterans are sitting at home wondering whether a third or fourth investigation will take place into their case simply because some hot, fast-thinking, “make a quick buck” human rights lawyer in Belfast thinks it is a good idea to reopen their case. That is what is going on.

We believe therefore that this matter has to be addressed. We can no longer ignore it. Certainly, we on these Benches have not been ignoring it. We believe not only that a statute of limitations should apply to Northern Ireland and Operation Banner but that consideration should be given to other military deployments, including in Iraq, Kosovo and Afghanistan. This is not an amnesty, as each case will have previously been the subject of a thorough investigation; rather it is an appropriate and necessary measure to protect the men and women of our armed forces from the kind of witch hunt years after their retirement that has left many feeling that their service to their country is neither respected nor valued.

[Sir Jeffrey M. Donaldson]

I thank the hon. Gentleman for his valid intervention. He is absolutely right, and we appreciate the work he has done in this field and his commitment to his former comrades.

[Tom Elliott]

Just to clarify, would the right hon. Gentleman’s proposed statute of limitations cover police officers in Northern Ireland as well? I should have said at the start that I welcome this debate and thank him for bringing it to the House.

[Sir Jeffrey M. Donaldson]

I thank the hon. Gentleman for his comments. The answer is yes they certainly would be, because the police are not covered by the provisions in the 1998 agreement or the concessions made to the terrorists—and neither should they be. We see no moral or legal equivalence between the armed forces and the police and illegal criminal terrorist organisations. We do not want them to be treated the same. We believe that our police officers, soldiers and veterans should be treated fairly, but they are not being treated fairly.

I repeat what I said in a recent debate in Westminster Hall, when I referred to terrorist atrocities committed in Northern Ireland and across this United Kingdom. They include the Kingsmill massacre, McGurk’s bar, the La Mon hotel bombing, Bloody Friday in Belfast, the M62 coach bomb, the Birmingham pub bombings, the Narrow Water atrocity, where members of the Parachute Regiment were cruelly cut down in cold blood, Droppin’ Well, the Grand hotel in Brighton, where the Provisional IRA attacked our very democracy, Newry police station, the Enniskillen war memorial, the Lisburn fun run, the Ballygawley bus bomb, Shankill road, Greysteel, Loughinisland, Canary Wharf, Omagh and many others that I will not list but that were equally atrocious. No one can ever sanitise this horror and inhumanity. No rewriting of history will allow the exoneration of the evil men and women who went out to commit these atrocities in cold blood. These were acts of terrorism, and they can never be regarded as anything but.

I support the efforts to bring a real and lasting peace to my country. My comrades and colleagues here, some of whom served in our armed forces and some of whom have seen constituents cut down in cold blood, want to see a meaningful, lasting peace in Northern Ireland. We want that for the next generation, as well as for our own, but as a former soldier of the Ulster Defence Regiment, proud to have served in that regiment, the largest regiment of the British Army, which fought alongside other military units, alongside the Royal Ulster Constabulary, with great courage and at a huge cost, during the longest-running military operation in the history of the British Army, Operation Banner, I believe we owe it to those men and women to protect them.

Northern Ireland: Political Developments

Lord Elliott of Ballinamallard Excerpts

Tuesday 10th January 2017 Commons Chamber

[James Brokenshire]

The hon. Gentleman will know that the Stormont House agreement provides an important framework, agreed by all the parties, for how best to respond to issues from the past. My focus remains on seeking to give effect to that in accordance with the terms of the Stormont House agreement. I will continue to encourage parties to work together so that we can establish the political consensus required to achieve that, because of all the really important reasons that have been identified in the House today.

[Tom Elliott (Fermanagh and South Tyrone) (UUP)]

The Secretary of State will be aware of the list of issues that the Deputy First Minister included in his resignation letter yesterday. Will the Secretary of State confirm to the House that he and Her Majesty’s Government will not be weak in any negotiations with Sinn Féin and will not allow the rewriting of history?

[James Brokenshire]

I will certainly not be party to any rewriting of history—I have said that on several occasions in relation to the issues of the past. We need to focus on the time at hand and find a way forward from the very difficult situation we are now presented with so that we can see Northern Ireland moving forward. We need to use this time to bring people together, rather than looking at things that separate and divide. We must use these days to focus on how trust and confidence can be re-established, and work with the parties to do that.

Stormont House Agreement: Implementation

Lord Elliott of Ballinamallard Excerpts

Tuesday 10th January 2017 Westminster Hall

[Tom Elliott (Fermanagh and South Tyrone) (UUP)]

It is a pleasure to serve under your chairmanship, Mr Pritchard. I welcome the opportunity to have the debate and thank the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) for initiating it. I think the starting point is the inequality in the current process and system, which was highlighted by the Minister just a few weeks ago in this Chamber. He accepted that the approach to the past had not been proportionate. That is a good starting point, and we have to realise that.

I am not going to go over all the issues, but may I say that unless we get a system that delivers for the victims in our society, Northern Ireland will never progress as a society that builds together and works together.

We have heard instances of some former soldiers. Like the right hon. Gentleman, I served in the Ulster Defence Regiment. I remember being on duty when Sergeant Hugh McCormick, a Roman Catholic police officer, was murdered coming out of mass on a Sunday morning—I remember going to that. I remember being flown out to an incident in which a good friend of mine, Jimmy Graham, was killed—the third of the Graham brothers to be murdered. He was driving a school bus to pick up a load of young kids to bring them to swimming.

The hon. Member for South Down (Ms Ritchie) mentioned the innocent victims. How much more innocent can you get than workmen coming home from serving and working, doing a building job? Their van was blown up at Teebane. How much more innocent can you get than those standing around a war memorial to remember the dead of the two world wars? An IRA bomb went off and murdered 11 of those people. How much more innocent can you get than those Kingsmill people going home from their work? This is absolutely disproportionate. I remember speaking to Ronnie Funston at the Enniskillen cattle mart where we were selling cattle. Two days later, he was murdered on his tractor. He was an innocent man and not a member of any security forces.

I have to say that, unless we stop this process whereby the majority of the focus is on former security forces, we will never move forward. If terrorists and former terrorists can get their royal prerogative, why can soldiers not? There has to be some equality in this system; we do not have any at present.

Legacy Issues: Northern Ireland

Lord Elliott of Ballinamallard Excerpts

Tuesday 13th December 2016 Westminster Hall

[Kris Hopkins]

I expect the police to always maintain a high standard when they go to arrest somebody, and I am sure that every Member here would as well.

I want to talk about proportionality. As has been pointed out, 90% of victims were as a consequence of terrorist interventions. The proposals that are out there, which the Secretary of State would like to consult people on, are around how we ensure that those accused, from both the state side and the republican side, are brought before the courts and examined in a proportionate way. The proposals are that each case would be examined chronologically. There will be a conclusion within a period of five years, to give people some closure and some idea of timescale.

[Tom Elliott (Fermanagh and South Tyrone) (UUP)]

From what the Minister said, I assume he accepts that there is not proportionality within the legacy investigation branch at the moment, given that for places like Enniskillen—the explosion in the poppy day bombing—there is not one police officer investigating that case.

[Kris Hopkins]

The next line that I was going to read states that the almost exclusive focus on the actions of the state is disproportionate and must be challenged and redressed if we are to deal with the past in a way that is fair and balanced and allows victims and survivors to see better outcomes than the current piecemeal approach. That is why the Government continue to believe that the Stormont House agreement institutions remain the best way forward in dealing with Northern Ireland’s past.

I believe that these proposals will make the situation better for victims and survivors, and will be the only chance we have of prosecuting terrorists who murdered soldiers and police officers along with other innocent victims. I believe that the historical investigations unit, a body proposed under the Stormont House agreement, has a number of important advantages over the current system. I reiterate that it will investigate deaths in a chronological order. The HIU will not focus on the deaths caused by soldiers, as the investigations systems in Northern Ireland do today. Instead, it will take each case in turn and will investigate the many hundreds of murders caused by terrorists, including the murders of soldiers. Honourable Friends, it is estimated that without reform of the current mechanisms, around 185 murders of soldiers, not to mention the many murders of RUC members, will not be investigated. There will be a statutory duty for the HIU to act in a balanced, proportionate, transparent, fair and equitable way. The HIU will be time-limited, as I said, with an objective to bring to an end all investigations into the past in five years.

I have outlined the reasons why the Secretary of State announced his intention to move forward into a public phase on legacy bodies, and why he and I have been engaging extensively with political parties and victims groups to find a way forward in these outstanding cases. I believe that this approach has the potential to build greater confidence in the new bodies and to resolve the remaining issues. It is clear that the status quo is not working well enough for victims and families, and it is time that progress is made. This should create a more proportionate approach in dealing with the past and ensure that the balance of investigations is rightly on the terrorists who caused so much pain and suffering, rather than disproportionately on the brave soldiers and police officers who sacrificed so much to protect us.

Question put and agreed to.

Oral Answers to Questions

Lord Elliott of Ballinamallard Excerpts

Wednesday 7th December 2016 Commons Chamber

[James Brokenshire]

My right hon. Friend is absolutely correct that we save lives as a consequence of the support of people in communities, often at great personal cost. That should be recognised, in terms of some of the really powerful intelligence that is provided and the impact that it has.

[Tom Elliott (Fermanagh and South Tyrone) (UUP)]

I congratulate the Police Service of Northern Ireland and other security agencies on stopping a number of terrorist attacks. Would the Secretary of State give us some information on whether dissident terrorists are still recruiting and increasing in numbers in Northern Ireland?

[James Brokenshire]

As the hon. Gentleman will have seen in my written statement yesterday, there is an enduring threat from terrorism, which is why I underlined the need for vigilance. Support for those terrorists remains limited, but we must continue to be aware and confront it in every way, which is why I pay tribute to the work of the Police Service of Northern Ireland and the successes that have been achieved. Equally, however, we must remain absolutely focused on security issues, which underlines the points that I made in yesterday’s statement.

Dissident Activity (Upper Bann)

Lord Elliott of Ballinamallard Excerpts

Tuesday 29th November 2016 Westminster Hall

[David Simpson]

Indeed. That is my next point. Shoppers, travellers and people going to work are affected, and not all employers are as sympathetic as they perhaps should be in the circumstances when people may have to use buses for transport. It is a disaster from start to finish. It is unacceptable and affects the economy greatly.

The PSNI has received cross-community support—there is no doubt about that—for stamping out dissident activity where possible. With limited resources, it is delivering a high-profile response to tackling these criminals, but we cannot ignore the fact that they are maintaining a presence and continuing to build on their support network. In recent meetings with the PSNI it has said it is greatly concerned about that.

The dissidents have a strong recruiting process, including vulnerable teenagers, and even those who were involved in provisional activity are coming back to help to build devices. Not all have been built correctly. One day, God forbid, they may get lucky and take the life of a police officer, but we hope and trust that will not happen.

[Tom Elliott (Fermanagh and South Tyrone) (UUP)]

I welcome the hon. Gentleman’s motion. Does he accept that the so-called dissident terrorists are wreaking more havoc and doing more harm and damage to the community they purport to represent than to general society?

[David Simpson]

That is correct. One concern of the security forces is that the dissidents may not have the capacity for a full-blown terrorist campaign, but they only need to be there and to carry out attacks once a month or every three or six months because the security forces must remain on high alert. The cost to the economy is phenomenal and we must be vigilant about that. The security forces are very aware of that, as are the Northern Ireland Office and the Executive, but unfortunately the dissidents are there and the security forces must deal with them. In recent days, parts of the group have formed a new political party with a leading character in the area—the Minister will know who I am referring to. He is so blatant, sitting in the middle of a room proposing to organise a political party when he is responsible for many dissident activities. He is like Teflon-man: nothing sticks to him. It is unfortunate that he seems to get away with it.

Oral Answers to Questions

Lord Elliott of Ballinamallard Excerpts

Wednesday 26th October 2016 Commons Chamber

[James Brokenshire]

I reiterate for the hon. Gentleman the strong base that we see, with record levels of employment, exports that have grown significantly and continuing foreign direct investment. I will continue to champion business in Northern Ireland and to underline the fact that Northern Ireland remains open for business. A number of firms are continuing to invest and create jobs, which we will continue to welcome.

[Tom Elliott (Fermanagh and South Tyrone) (UUP)]

Four counties in the Republic of Ireland border my constituency, so what specific issues will the Secretary of State raise with his counterparts in the Republic of Ireland to ensure that cross-border trade can continue?

[James Brokenshire]

I have already had two meetings—with the Taoiseach and with the Irish Foreign Minister—and there are more meetings and discussions to come. The British-Irish Council meeting is coming up in just a few weeks’ time. Border issues such as protecting the common travel area and not seeing a return to the borders of the past are a priority, and also a shared objective between the two Governments. [Interruption.]