Northern Ireland Troubles Bill

Alex Easton Excerpts

Monday 19th October 2026 Commons Chamber

[Chris Bryant]

Let me make a little progress and then I will come back to him.

Government new clauses 36 to 39 on pages 68 to 71 of the amendment paper introduce provisions that require regular inspections of the legacy commission by His Majesty’s inspectorate of constabulary and fire and rescue services, which will ensure that any emerging problems with the effectiveness or efficiency of the commission investigations are spotted quickly and that those in charge are aware of those problems and take corrective action. That should ultimately improve the experience for families going through the process of an investigation.

As many of us have heard who have listened to families in Northern Ireland, one of their key demands is that the new legacy commission should be very much focused on families themselves. I have also tabled amendments 193, 158, 265, 266, 247, 248 and 246. These will ensure that where a person seriously injured in the troubles has subsequently died, their family will be kept involved in the investigation.

Similarly, many families have been unable to receive death certificates. New clause 42 on page 74 will change that, enabling the commission’s judicial panel members to send the particulars of a death to the appropriate registrar of deaths at the conclusion of inquisitorial proceedings. That seems basic to many of us, but I know families in Northern Ireland will particularly welcome it.

A vital change we are also introducing is the victims and survivors advisory group, modelled on Operation Kenova’s successful victims focus group. However, some hon. Members have expressed understandable concerns about the composition of the group. To meet the amendments tabled by the hon. and learned Member for North Antrim (Jim Allister), the right hon. Member for Belfast East and the hon. Member for Wimbledon (Mr Kohler), I have tabled new clauses 33 and 34, making it a statutory requirement that the group cannot include former paramilitaries and must include at least one member from a police or army background, or someone representing their interests.

I note amendment 52, tabled by the hon. Member for North Down (Alex Easton), which would restrict membership on the basis of political party membership, past or present, and which I do not believe would be proportionate or fair.

[Alex Easton (North Down) (Ind)]

How can this House support the Government on that when we have a political party called Sinn Féin whose members supported violence and the killing of Royal Ulster Constabulary officers, of Her Majesty’s armed forces personnel and of civilians? How can we stand here in all consciousness and support a Bill that potentially will allow people who supported that in a political party to be on the board? That is just not right.

[Chris Bryant]

I note the point that the hon. Member makes, but if he looks at clause 8(4)(b), he will see that it states that the Secretary of State, when putting together the membership, must ensure that it is

“balanced as respects associations with the different communities in Northern Ireland.”

The whole group has to meet not only that requirement, but the requirement of supporting victims. I hear what he says, but I am afraid that his amendment would not be proportionate, although I am happy to listen to his contribution later.

--- Later in debate ---

I hope that the reconciliation gap can be closed, at least in part, in legislation. I also hope that when we pass the Bill, all of us—that includes political leaders here, in the Republic of Ireland and in Northern Ireland—will take up the mantle and be the generation of leaders who finally deal with the legacy of the troubles, leading by example through our interpersonal and political relationships to bring true reconciliation.

[Alex Easton]

I have examined clauses 1 to 72 and the Government’s amendments with care and as best I could in the short period we had, and I regret to say that I still have grave concerns. The central question is whether clear blue water is drawn between those who served to protect the public and those who pursued terrorism. Security forces were responsible for about 10% of troubles-related deaths and terrorist organisations were responsible for about 90%, yet many who served have lived with the prospect of being summonsed to court while some suspected of terrorist offences received so-called letters of comfort, as has been addressed. For veterans and their families, that contrast has created a deep sense of injustice.

I am not asking the House to place anyone above the law—where there is evidence of wrongdoing, that must be examined—but a fair legacy process must recognise the profound difference between someone who wore a uniform to protect life and someone who deliberately set out to take it. Nor should the Republic of Ireland’s role escape scrutiny. Families seeking answers about attacks planned or supported across the border deserve meaningful co-operation and access to relevant information. A legacy process that looks only where it is easiest will not command confidence. Justice must not stop at the border.

We can look at the recent examples that have come out where the Republic of Ireland’s Government failed to give information. We see what has happened with Omagh. We know that in the early part of the troubles the Irish Government supplied weapons to the IRA. We know about Breen and Buchanan, the superintendents murdered on their way home from Dundalk. The Garda Síochána were involved, yet they were never brought to justice and no information was given to our Government.

I welcome the Government’s decision to bar former paramilitaries from the victims and survivors advisory group and to provide a place for a veteran—I hope that it will be more than just one veteran. Those are important changes and they have partly engaged with my amendment 52, but they do not fully address my concerns about appointing someone who belongs, or has belonged, to a political party linked to or supportive of a paramilitary or terrorist organisation. Victims and survivors must be able to trust the independence of those appointed to speak on their behalf. I implore the Government not to divide the House on my amendment. We cannot allow those from any political party to go on to the victims and survivors advisory group if they believe that the troubles were justified, that the murder of a PSNI officer was justified, that the murder of a member of Her Majesty’s armed forces was justified, or that a civilian murder was justified for their cause. Murder is never justified, no matter who took part.

[Claire Hanna]

Will the hon. Gentleman give way?

[Alex Easton]

Let me get on a wee bit; I will maybe let the hon. Member in later.

If such individuals were allowed, even unintentionally, they would make a mockery of the victims and survivors advisory group. They would use it for their own agenda, and nobody would have any confidence in that group. I ask the Secretary of State please to do the right thing and not divide the House on this amendment. It would strengthen the Bill, not weaken it. We must not allow anyone to be on the victims and survivors advisory group who believes that a terrorist campaign was right or give them the opportunity to use that position to rewrite history, because if they are allowed on it, they will do that.

Magna Carta declares:

“To no one will we sell, to no one will we deny or delay right or justice.”

That promise must always apply to every family seeking answers, and to every veteran who has lived for years under the shadow of possible prosecution. Passing a Bill is not in itself progress. The test is whether it delivers a process that is fair, credible and worthy of the trust of those it is meant to serve. I recognise that no legislation can undo the grief of the troubles, but this House has a duty not to compound it. We owe victims the truth, veterans fairness and the public a process that distinguishes service from terrorism without placing anyone beyond the reach of the law.

The Government’s amendments are a step, but they are not enough. For this reason, I cannot support the Bill. I implore the Secretary of State to listen to what I am saying. As a Unionist, throughout my life I have watched politics coming through Westminster and all the different deals that have been done. From the Belfast agreement and the Anglo-Irish agreement right through to the Windsor framework, I have seen every successive Government not listening to me or my predecessor Unionists about our concerns. We feel unloved. We feel that we are never listened to. Secretary of State, you have a chance here to reach out to Unionism and our genuine concerns. Please listen to us, because we have to get this right. If we do not, it is just going to be a complete disaster.

[Ian Byrne]

As we debate this Bill, we must never lose sight of the families whose decades-long fight for truth and justice has brought us here: mothers who have waited 50 years to understand why their children were killed; siblings told to move on; widows denied information about their husbands’ deaths; and children who grew up without a parent and still await answers. For many, the question is not simply whether the state failed to protect their loved ones but whether parts of it were involved in, enabled or concealed what happened. Allegations of state collusion have hung over these cases for decades. Families have been left wondering whether the institutions they turned to for answers were themselves implicated. They were promised that this legislation would begin to repair the damage caused by the legacy Act, but that promise will ring hollow if the state continues to control how much families are allowed to know.

The Government published substantial amendments shortly before the Committee stage. These significant changes will have serious consequences for bereaved families, yet Members have had too little time to scrutinise them properly. One concern is the proposed requirement for consent before prosecutions for the most serious troubles-related offences can proceed. In Northern Ireland, that consent would rest with the Advocate General, a role held by the Attorney General for England and Wales. The independent Public Prosecution Service for Northern Ireland already applies tests of evidence and public interest. Under this proposal, even where those tests were met, a Government Law Officer could withhold consent.

I agree with Amnesty International UK that Ministers must explain why this additional power is necessary and how it will command families’ confidence. Where the state itself is under investigation, including allegations of collusion, concealment or misuse of public power, families will understandably question why a Government member should have the final say. Whatever the Government’s intentions, the risk of further undermining confidence is clear.

We must also remember the Dillon litigation. The courts in Northern Ireland found the legacy Act’s immunity provisions incompatible with articles 2 and 3 of the European convention on human rights. Those declarations were not appealed and remain in force. The Government must ensure that this legislation delivers meaningful accountability and respects their human rights obligations. The protections underpinning the Good Friday agreement must be upheld. As a Labour Government, we have a particular responsibility to protect that achievement and never, ever undermine it.

Nor do the concerns end with prosecutions. Families have raised questions about the Secretary of State’s control over sensitive information, restriction notices that may exclude them from proceedings and the independence of appointments to the judicial panel. These are fundamental issues: who controls the evidence, who can see it, and whether families can trust the process. They are especially pressing where families believe that state agencies failed to act, withheld information or colluded with those responsible for violence. The state cannot determine for itself which evidence matters, how much is disclosed or how much truth families may hear.

That is why I have tabled new clause 56. It would require the Secretary of State to make regulations applying the duty of candour and assistance created by the Public Office (Accountability) Bill, known as the Hillsborough law, to inquisitorial proceedings under part 4 of this Bill. Those regulations would require approval by both Houses. The principle is straightforward: public authorities and officials must be legally required to assist proceedings established to discover what happened. They must be open and honest, provide relevant evidence and actively help to establish the facts.