Legacy of Northern Ireland’s Past
Debate between Viscount Younger of Leckie and Earl of Kinnoull
Viscount Younger of Leckie (Con)
I thank the noble Baronesses, Lady Smith and Lady Suttie, for their comments and questions. I also particularly thank the noble Baroness, Lady Smith, for her sensitive words about the victims, because of course they remain very much in our minds.
I echo the thoughts of both noble Baronesses about the way the House has to be at the moment and my inability to read out the Statement. I have echoed similar words before—I think it was on the Ballymurphy Statement—when I agreed with the comments made that it is often better to have the Statement read out, because it provides a sensitive and suitable base from which to discuss challenging issues.
As the Secretary of State set out last week in the other place, while Northern Ireland today is undoubtedly a fantastic place to live in, work in and visit, the unresolved legacy of the Troubles remains and casts a long shadow. We bear in mind that Northern Ireland is celebrating its centenary year; noble Lords may see that I am wearing the badge. However, the legacy continues to impact and permeate society in Northern Ireland, both for those who were directly involved and affected and those who were not but live with the trauma of previous generations.
It is now a painful reality that the focus on criminal investigations is increasingly unlikely to deliver successful criminal justice outcomes. More than two-thirds of Troubles-related deaths occurred more than 40 years ago, and it is increasingly difficult for the courts to provide families with the answers that they seek. Time is not on our side. If we do not act now, we will condemn current and, importantly, future generations to ongoing division and prevent the reconciliation needed for Northern Ireland to move forward.
That is why—to give a little bit of background—the Secretary of State published the Command Paper, which sets out, very briefly, the three key measures: the new independent body that would focus on the recovery and provision of information; a package of measures that includes a major oral history initiative, consistent with what was included in the Stormont House agreement; and, as has been mentioned, a statute of limitations to apply equally to all Troubles-related instances.
I want to try and address some of the questions raised. The noble Baroness, Lady Smith, stated that there had been no engagement and particularly that there was no collective support. Okay, I note what she says. However, I point out to her that there was 18 months of preparation for this Statement, and we have indulged in a lot of engagement, particularly in recent months, with a range of groups. Part of the point of this Statement is that these proposals are leading to an intense and short period of engagement with all groups within Northern Ireland, including victims’ groups, to see how we can find a way forward. That is the honesty and the clarity for which the noble Baroness, Lady Smith, was looking. We should be open about that.
Operation Kenova has proved to be valuable in terms of drawing out information about the Troubles, which we are looking to build on by drawing out reconciliation and bringing out historical information that we hope will provide some comfort to victims, should they wish this. However, part of the reason we have brought forward these proposals is that Operation Kenova has led to no prosecutions, and that is a sad fact.
The noble Baroness raised the issue about Tom Oliver. It would be inappropriate for me to comment on a matter under criminal investigation, but the Government are clear that a continued focus on criminal justice outcomes will deliver neither justice nor information to the vast majority of families. That is why obtaining information, as I said earlier, which we know is so important to many victims and survivors, is the cornerstone of the proposals that the UK Government have put forward. We want to deliver tangible outcomes for as many families as we possibly can.
The noble Baroness, Lady Smith, made great play—and I understand why—about why we are bringing forward these proposals and cannot find an agreement. We are determined to drive progress and deliver legislation on this issue, but we are consulting first. This paper sets out our proposals and, as I said earlier, it will be an intensive and time-limited period of engagement. There are many different perspectives on this difficult issue, which we recognise, but we must all work together to find a way forward that works for Northern Ireland, which comes back to a point the noble Baroness made. These issues are sensitive; they will require courage and, importantly, they will include collaboration.
The Principal Deputy Chairman of Committees (The Earl of Kinnoull) (CB)
We come to the 20 minutes allocated for Back-Bench questions. I ask that questions and answers be kept short.
Viscount Younger of Leckie (Con)
I am afraid I do not accept the rather negative views from the noble Lord. That may be the case, and I am not complacent about the views that have been expressed so far. However, I say again that these are genuine proposals that we have put on the table which we wish to talk about to all parts of the community. Our hope is that in discussions and in listening to what they think, we will be able to find a way forward. I say to the noble Lord, who has not put forward any alternative proposals himself, that there is nothing else on the table and we need to look at alternative means, as I said to the noble Lord, Lord Mandelson.
The Principal Deputy Chairman of Committees (The Earl of Kinnoull) (CB)
The noble Baroness, Lady O’Loan, and the noble Lord, Lord Hannan of Kingsclere, have withdrawn, so I call the noble Lord, Lord Dannatt.
Lord Dannatt (CB) [V]
My Lords, it is now some three years since I led a debate in your Lordships’ House to call for legislation to end the unfair and unreasonable pursuit of veteran soldiers arising from their actions during the Troubles, the vast majority of which were firmly within the law. I therefore welcome the statement of intent that puts forward a statute of limitations to end all investigations that might lead to prosecutions in a continued but sadly vain attempt to seek the truth through the criminal justice system, as the collapse of recent trials has shown. However, I am sure that the Minister agrees that no one is above the law, so I press the question of whether, in the event of new and compelling evidence becoming available, the Government intend to insert a clause in the proposed legislation to cover that eventuality. If not, why not?