Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Viscount Hailsham and Lord Eames

Committee stage
Tuesday 24th January 2023 Lords Chamber

[Viscount Hailsham (Con)]

My Lords, I shall speak very briefly to the amendment moved by the noble Baroness, with which I am bound to say that I have very great sympathy, although for different reasons from those advanced by the noble Baroness. I would like the Assembly to consider the propriety of the linkage between what is, in effect, an amnesty and the establishment of and participation in the commission. I happen to think that those are wholly different issues and should not be linked.

As it happens, I am an agnostic on the question of the commission, but I am not an agnostic on the question of a statute of limitations—an amnesty. I feel very strongly in favour of it. There should be a statute of limitations to preclude prosecutions in respect of any crimes alleged to have been committed and connected with terrorism prior to the Good Friday agreement. There are a number of pragmatic reasons for that, which I am not going to trouble noble Lords with, but there is an essential concern that I have: I believe that it is offensive and a serious abuse of process for servicemen to be prosecuted for alleged offences while at the same time many people who have been, or are alleged to have been, involved in the commission of terrorist offences have been admitted to high political office. I find the letters of comfort offensive if servicemen are to be prosecuted. I look at Mr Martin McGuinness, who served as Deputy First Minister; it seems that he did participate in serious offences. Given all that, can it be right to prosecute servicemen, when in all probability their level of culpability is lower?

It is in my view an abuse of process to do so, and it is for that reason that I want to see a statute of limitations that covers all offences. I do not think that it is possible, in law or practice, to make a distinction between those who are alleged to have been terrorists and servicepeople. I do not think that that distinction is possible, so it has to be a general statute of limitations. I would like the Assembly to discuss this matter, although I am bound to say that I think that the outcome is likely to be different from that which I would wish.

[Lord Eames (CB)]

My Lords, in producing this amendment, the noble Baroness is representing the widespread frustration that exists in Northern Ireland in the light of this proposed legislation. Speaking from my experience and years of service to Northern Ireland, I have never come across such widespread opposition to a proposal such as this as is the case today. A lot of that frustration, I have to say to His Majesty’s Government, is caused by their failure to produce the amendments to this legislation that they had promised. They made a solemn promise to this House and the other House that they would take very seriously the expressions of frustration that many of us had brought to the Floor of this House and to the other place. We are disappointed in the result and the failure to fulfil that promise.

The failure of this legislation to have at its heart the needs of survivors and victims and their families and loved ones is a total disaster. Because of the way this new commission is proposed to operate, many people in Northern Ireland are going to be denied justice and denied the opportunity to be heard. I speak from many years’ experience of pastoral service to the people of Northern Ireland when I say that this is nothing less than a tragedy.

It is for those reasons that so many of us have a lot of sympathy with what the noble Baroness has said. No one knows better than she does, from her public service, what the feelings of opposition amount to in Northern Ireland at the present time. I appeal to those noble Lords who have serious concerns, who do not live in Northern Ireland, who have not experienced what we have come through; I appeal to them to see the opposition to this legislation as a matter of right and wrong, for it is, I believe, verging on a moral issue.