Northern Ireland Troubles: Legacy and Reconciliation

Alex Burghart Excerpts

Wednesday 17th December 2025 Commons Chamber

[Alex Burghart (Brentwood and Ongar) (Con)]

(Urgent Question): To ask the Secretary of State for Northern Ireland to make a statement on the draft Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Remedial) Order 2025.

[The Secretary of State for Northern Ireland (Hilary Benn)]

I am grateful to the hon. Gentleman for his question. This remedial order is a clear signal of the Government’s commitment to legislation that can command support across Northern Ireland. Its purpose is clear: to formally remove some of the provisions in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 that were found by the courts in Dillon to be incompatible with our human rights obligations. Specifically, this means removing the provisions on immunity from prosecution and the bar on troubles-related civil cases. Although the immunity provisions never commenced, it is essential that we formally remove them from the statute book.

It is the Government’s belief that there are compelling reasons for proceeding with this order, and this is a view shared by the Joint Committee on Human Rights, which in its report on 9 December agreed that the Government have such reasons and recommended that Parliament approve the order. The Committee stated that

“in these exceptional and unusual circumstances…the Government has sufficiently compelling reasons to proceed by way of remedial order.”

I want to set out what the Government believe those reasons to be. First, we must provide clarity on immunity and remove the bar on civil claims as quickly as possible. This is essential for all involved—victims, survivors and veterans—and is a prerequisite for building trust. Secondly, providing this clarity is vital to enable the Independent Commission for Reconciliation and Information Recovery to continue its work. It is my view that while immunity, a key plank of the 2023 legacy Act, remains on the statute book, it will be difficult for the ICRIR to obtain the confidence of all victims and survivors.

As the JCHR rightly noted, the legacy of the past continues to have a profound and lasting impact, and we know that families and political parties were vehemently opposed to the immunity provisions. While the repeal of immunity is only one aspect of reforming the arrangements put in place by the 2023 Act, I am confident that its repeal will result in a greater confidence for referrals to be made. Given that many individuals are elderly, they cannot keep on waiting. It is the Government’s view that these changes should therefore be made through the remedial order as soon as possible.

The Government have a clear mandate, compelling reasons and a procedural basis which the JCHR has endorsed, and the House will have an opportunity to debate the order in the new year.

[Alex Burghart]

Thank you very much, Mr Speaker, for granting this urgent question, which I have asked because I think there is a very real danger that the Government may be about to break the law. It is very important that the House is aware that the Joint Committee on Human Rights was not in possession of all the facts when it wrote its report. [Interruption.]

Last year, the High Court in Belfast found parts of the legacy Act to be incompatible with the European convention on human rights. At the time of the election, the Conservative Government were appealing that highly disputable decision. The incoming Labour Government, for reasons they have never disclosed, chose to drop that appeal, and have subsequently laid a draft remedial order to amend the legislation.

The problem is that earlier this year the Northern Ireland Veterans Movement was granted permission to intervene in the case before the Supreme Court. On 15 October, Lord Wolfson KC, acting for the movement, did just that and made written and oral submissions that the Court is now considering. Consequently, it is entirely possible that the declarations of incompatibility relied on by the Secretary of State to lay the remedial order will be quashed. The case is very much live. That is very important, because under section 10 of the Human Rights Act 1998 a Government have the authority to use a remedial order only unless and until all appeals in relation to declarations of incompatibility have been “determined or abandoned”. That test is not met.

If the Government decide to push ahead with their remedial order, not only will they be acting ultra vires, but they will be setting a terrible precedent that will mean that future Governments may use remedial orders in ways they were never intended to be used. To avoid that, all the Government need to do is commit to not pushing their remedial order to a vote until the Supreme Court has finally ruled. Will the Secretary of State make that commitment?

[Hilary Benn]

I am grateful to the hon. Gentleman for the point he has raised, but the argument he puts is not correct. The appeal was abandoned by the Government in July 2024—he says for reasons that have never been disclosed, but the Government have been absolutely clear from the beginning that we disagree with immunity, and that we are committed to repeal and replace the legacy Act. Section 10 of the Human Rights Act gives a Secretary of State the ability to make a remedial order when a declaration of incompatibility has been made and any appeal

“has been determined or abandoned”.

It has been abandoned by the Government.

The hon. Gentleman suggested that the ongoing Supreme Court appeal in Dillon means that the conditions have not been met, and therefore that we might lack the vires to lay the order. I do not agree with his assessment and have made the position clear to him in the correspondence we have had—I think an exchange of two emails and two letters. I can confirm to the House that in July 2024 the Government formally abandoned their appeal concerning the declaration of incompatibility relating to immunity from prosecution. That declaration was not part of the appeal that is now before the Supreme Court, and the fact that the Northern Ireland Veterans Movement was granted permission to intervene does not alter that legal reality.