Armed Forces: Historical Cases

Debate between Lord Elliott of Ballinamallard and Jeffrey M Donaldson

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.

Centenary of the Battle of the Somme

Debate between Lord Elliott of Ballinamallard and Jeffrey M Donaldson

Wednesday 29th June 2016 Commons Chamber

[Sir Jeffrey M. Donaldson]

I thank my right hon. Friend for his very kind words. It is not just me but my colleagues from many parts of civil society in Northern Ireland who have come together to undertake excellent work to ensure that the centenary commemorations are inclusive—they have been, as the hon. Member for South West Wiltshire has reminded us—and that they embrace people from right across the community. I have had the pleasure of attending events in Northern Ireland in which people from all sections of the community have taken part. I have attended services, for example, at Lisburn cathedral in my constituency, when we marked the centenary of Gallipoli. We had the Speaker of the Northern Ireland Assembly, a member of Sinn Féin, lay a wreath in the cathedral in remembrance of the men from the island who died in that battle.

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

I totally accept the right hon. Gentleman’s purpose and what he is saying. Does he accept that in 1916 there was huge turmoil in Ireland, which was under the United Kingdom at the time—we had one country in Ireland? Does he accept that the Irish Government have now taken on their responsibilities and role, and that they recognise the soldiers who died at the Somme and in other battles, which they did not do for many years? They deserve some credit for that.

[Sir Jeffrey M. Donaldson]

Indeed. I echo the hon. Gentleman’s comments. It has been a pleasure to work with the Irish Government. We have organised and hosted a number of joint events commemorating soldiers from right across the island of Ireland. I will be back in Glasnevin cemetery in July, where some more of the Victoria Cross stones will be unveiled for soldiers who died. They lie in the shadow of the cross of sacrifice in Glasnevin cemetery. I commend the Irish Government for the way in which they have embraced the centenary of the first world war. The events that they have organised have been most appropriate and inclusive.

Northern Ireland (Stormont Agreement and Implementation Plan) Bill

Debate between Lord Elliott of Ballinamallard and Jeffrey M Donaldson

Thursday 10th March 2016 Commons Chamber

[Tom Elliott]

I have not seen the option of veto exercised to a great degree with other appointments, so I would have concerns about whether that would work in this case.

By and large, there was a degree of support for the historical investigations unit director possibly being appointed by the Policing Board, but if that appointment was to be made by another independent body, we would be quite happy to consider that. In fact, the Ulster Unionist party initially proposed that the decision should be made by an independent body, not the Policing Board. The proposal to use the Policing Board came from another political party and we said as a compromise that that could be an option, which seemed to engender support.

That is our view. I should have thought that it would have received broad support, but perhaps that is wrong. In general, I think it is important that we try to move away from that political appointment process into a more independent one, because clearly we are dealing with very sensitive issues and material, so it is important that we have people of the right ability and calibre. The Policing Board has a track record, I know, and although I take the point made by the hon. Member for South Antrim about members of Sinn Féin being on the Policing Board, it has appointed the past three Chief Constables, the past three Deputy Chief Constables and a significant number of Assistant Chief Constables. Clearly, the board has done a lot of work on the appointment process for significant police officers and high-profile police officers, so I would argue that as they are well-versed in making such appointments the process might have been better and more independent if they made the decision rather than just the First Minister and Deputy First Minister.

[Mr Jeffrey M. Donaldson (Lagan Valley) (DUP)]

We are unable to support the proposition behind amendment 1. We are not against the concept of moving towards greater independence for such appointments, but in the context of getting a political agreement that was not possible, as the hon. Member for Fermanagh and South Tyrone (Tom Elliott) rightly acknowledged. The Stormont agreement therefore gives the responsibility for making the appointment to the Office of the First Minister and Deputy First Minister. I listened carefully to what the hon. Gentleman said and would echo the comments of my hon. Friend the Member for East Antrim (Sammy Wilson)—East Antrim, not South. We have not yet redrawn the boundaries in Northern Ireland, although we are going to.

We have two difficulties with the proposal to use the Policing Board. May I say that having served on the Policing Board, I fully support it as an institution. It does a good job on the whole question of accountability in policing. Our objection is not on the basis that the Policing Board is somehow deficient, but the hon. Member for Fermanagh and South Tyrone revealed his true objective and motivation when he talked about the suitability of the Deputy First Minister to be involved in this appointment because of his alleged past in the IRA.

I have a lot of sympathy with what the hon. Gentleman is saying, but the difficulty I have is twofold. First, as my hon. Friend the Member for East Antrim rightly pointed out, we have three Sinn Féin members on the Northern Ireland Policing Board: Gerry Kelly, Pat Sheehan and Caitríona Ruane. At least two of those members have past convictions for IRA terrorism, so passing responsibility to the Policing Board does not resolve the difficulty the hon. Gentleman refers to, in terms of victims and survivors of the conflict in Northern Ireland having a problem with anyone from Sinn Féin being involved in the appointments process—a concern I have much sympathy with.

I depart from the hon. Gentleman on the second point made by my hon. Friend, on the question of the veto. The current arrangement that gives us a veto in the office of the First Minister over who is appointed is surely a far stronger safeguard to ensure that the people who are appointed to this very sensitive role are people that the victims and survivors community can have confidence in. If we go to the Policing Board, there is no such veto. Indeed, the political influence on the Policing Board is outweighed by the independent influence. I emphasise that I have nothing against the current structure of the Policing Board; I am merely making the point that if you want to exercise a degree of accountability on this issue and ensure that the people who are appointed to this very sensitive role are appropriate for that role, having a veto gives you the leverage to ensure that that happens, whereas if you pass it to the Policing Board you lose that veto.

For those reasons, we will not be able to support the amendment.

Northern Ireland (Welfare Reform) Bill

Debate between Lord Elliott of Ballinamallard and Jeffrey M Donaldson

Monday 23rd November 2015 Commons Chamber

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

It is interesting to follow the fascinating and detailed contribution from the hon. Member for Foyle (Mark Durkan), with its insight into welfare reform. Let me make it clear at the outset that the name of my constituency does not begin with the word “south”—or indeed with the word “north”—but it does have “South” contained within it. I am happy to live up to that record—I hope it will not be as depressing in the minds of some as others have been or claim to be. My aspirin has already gone, so I think I will move on.

The Secretary of State, who is not in her place at the moment, must feel privileged to be referred to as “tough Theresa”. It certainly goes way beyond some of the names that I recall other Secretaries of State for Northern Ireland being called in the past. For example, I remember “Traitor” and “Lundy” to name but a couple, and there are loads more as well.

I am pleased that welfare reform is moving forward, because we could not continue as we were. I also wish to put it on the record that I, too, was disappointed that this did not go through the Northern Ireland Assembly for a reasonable and proper debate. I did note some Members saying, “Why shouldn’t the UK Parliament legislate for it? It has every right to.” Of course it has every right to do so. I do not deny that, and nor does my hon. Friend the Member for South Antrim (Danny Kinahan). However, the reality is that we have devolution, and under devolution we should debate these issues, but, as the hon. Member for North Antrim (Ian Paisley) said, if there is a dysfunctional and unworkable Assembly, why should the UK Parliament not legislate? That is right. If the Assembly is dysfunctional, then, yes, let us legislate, and that is exactly what we are doing.

I must say though that had we had the debate in the Assembly, we might have achieved more clarity. For example, nearly £600 million will come from other Northern Ireland Departments to support welfare reform and tax credits. We could have had some indication of where that money was going to come from and what Departments would be affected—would it be Health, Regional Development, or Culture, Arts and Leisure? In bringing this matter to this place, that is the type of debate we are missing, but we are where we are, and that is what we must progress with. I want to reiterate once again that I am pleased to see welfare reform progress, because we could not continue as we were.

I assume that some parties in this House will have huge difficulties with this. The parties that voted against welfare reform in the past will find it hard to support this legislation. That may be so, but we must progress. Yes, Northern Ireland is getting a better deal in respect of money coming in to welfare reform and substituting for tax credits, but let us not forget that that money is coming from our own Northern Ireland block grant, which means that it will have to come out of other Departments and it will have to be paid for by the Northern Ireland Executive moneys. I noted that the right hon. Member for Lagan Valley (Mr Donaldson) made an all-out attack on the Ulster Unionist party. He has every right to do so, and I am sure there will be more of that as time goes on. We will just take it as it comes.

[Mr Jeffrey Donaldson]

And give it back.

[Tom Elliott]

Yes, we will do that as well. The right hon. Gentleman pointed his finger at the Ulster Unionist party, saying that we were to blame for what we have. Yes, it is easy to lay the blame on the Ulster Unionists, but let me remind him that his party has been the largest party in the Northern Ireland Assembly for the past 12 years. We still have the IRA army council in place, the IRA with arms and IRA members shooting people on our streets. I would prefer it if that were not the case, but that is the reality. I say to him that he should not point the finger at the Ulster Unionist party. His party has had 12 years to make the running in Northern Ireland, and take a lead on the issues. It is time that we made some progress.