(2 weeks, 2 days ago)
Commons ChamberI have listened to many of the contributions to this debate. They have been a credit to the House; this has been the sort of well-informed debate that we should be having about these complex and difficult issues.
As Chair of the Joint Committee on Human Rights, I draw attention to the recommendations and findings of our report following our legislative scrutiny of this important Bill. The JCHR report on the Northern Ireland Troubles Bill was published on 7 September. It formed part of our regular scrutiny of Bills that raise human rights issues. Our legal team looked closely at the Bill; I particularly thank Alyssa Curry, deputy counsel on human rights in international constitutional law, for her tireless work on both the Bill and the accompanying remedial order.
We took oral evidence on the Bill on 28 January and 22 April. I am grateful to the Northern Ireland Office for its engagement, including the former Secretary of State and my constituency neighbour, my right hon. Friend the Member for Leeds South (Hilary Benn), as well as the former Minister, my hon. Friend the Member for Wirral West (Matthew Patrick). I am grateful also to the current team on the Front Bench, including the Secretary of State, who gave me his time last week.
We are particularly pleased that the Northern Ireland Office provided a full human rights memorandum, albeit belatedly. I use this opportunity to remind Treasury Benchers of the expectation that all Departments should provide those memoranda in detail when a Bill is introduced, as set out in the Cabinet Office guide to making legislation.
Our overall conclusion was that the Bill represented
“a vast improvement on the Legacy Act in terms of human rights compliance”.
However, there were still areas where we felt it could be strengthened; I will come on to those. We also concluded:
“The Troubles Bill is an opportunity for the parties to resolve the legacy of the Troubles. The parties responsible must not waste this opportunity.”
As many have said, this is possibly our last opportunity to resolve them.
The Government have already accepted our recommendation on Attorney General consent. We are glad that that sensible concession has been made and will be implemented through Government new clause 50, if it is accepted by the House. We feel that it will give all parties more confidence about the independence of decisions to prosecute troubles-related crime. We also reported on the Northern Ireland remedial order on 28 February and 9 December 2025. We are very pleased that the Government have now accepted our advice to proceed no further with the order and that instead its contents will be incorporated into the Bill, if the amendments that the Government have tabled are made.
We recommended several other changes, which have not yet been made. I will focus on two; the third was raised by my hon. Friend the hon. Member for Bracknell (Peter Swallow). First, there is the appointment of judicial panel members. Judicial panel members or JPMs will be vital to the functioning of the legacy commission. They will have to produce a final report on the findings of an investigation under part 3 of the Bill; preside over “inquisitorial proceedings” under part 4 of the Bill, which includes deciding how the proceedings will be conducted; decide whether and how to restrict public access to inquisitorial proceedings; decide whether to award funding for legal representation to the next-of-kin; produce a final report on the findings of the proceedings; and decide whether to make a referral to prosecutors following inquisitorial proceedings. Clearly, their role is key.
To ensure legitimacy and trust, as well as the success of the Bill in achieving its aims, JPMs must be seen to be independent. The way in which they are appointed will be key. There is already a process for appointing coroners and other judicial office holders in Northern Ireland: the Northern Ireland Judicial Appointments Commission makes those independent appointments. However, at present under part 2, the appointment process used for JPMs will be the same as that used for public inquiry chairs rather than the appointment model for coroners. Appointments will be made directly by the Secretary of State. When we questioned the previous Secretary of State, the Committee did not receive a satisfactory reason why that was the case.
The Secretary of State will have the power to appoint and to re-appoint the JPMs. That is even more concerning to the Committee because it could risk the perception that JPMs have an incentive to try to please the Secretary of State with their findings to ensure that they are reappointed. That could seriously undermine confidence and independence. JPMs should be able to do their jobs without fear or favour, so we recommend that for the sake of the success of this process and of public trust, the troubles Bill should be amended so that the NIJAC rather than the Secretary of State is responsible for appointing JPMs.
I turn to my second key point, about close family members. The status of being a close family member of a deceased person is a gateway condition for accessing various provisions of the Bill. They are set out in parts 3 and 4 of the Bill. They include having the right to request an investigation into a death and to be kept informed of that investigation—two key points made by families seeking justice when they came before the Committee.
As I said, Mrs Cummins, while the effects of the definition are all in parts 3 and 4, the definition is in part 9, so I hope that you will permit a brief reference to that part in the context of our recommendation. A “close family member” is defined by clause 93 as someone falling within one of the following categories: a deceased spouse, civil partner or co-habitee; deceased child or stepchild; deceased parent or step-parent; or deceased sibling, half-sibling, or step-sibling. The definition does not cover nieces or nephews, aunts or uncles, or grandchildren. We found that that narrow definition was not in keeping with the provisions of the ECHR, in which article 2 makes clear the need to ensure sufficient involvement of the next of kin, which is not exhaustively defined.
The current definition also overlooks the reality, due to the passage of time, of family members—particularly grandchildren—currently searching for justice for their relatives. That is clearly unfair and unwelcome in a situation where family members are seeking justice. Our report recommends that the Government should amend the existing list of close family members to add an additional catch-all final category of being the next of kin. That will ensure that family members who are the grandchildren, nieces and nephews of the deceased can be considered close family members.
Our Committee welcomes this important Bill and believes that it represents a step forward in human rights terms and for all those affected by the painful legacy of the troubles. The Secretary of State has done the right thing in already accepting several of our recommendations. However, we think that the Bill could be even stronger. I urge the Government to consider carefully our recommendations about judicial panel members, the definition of “close family member” and, as my fellow Committee member, my hon. Friend the Member for Bracknell, raised in his intervention, the extension of the duty of candour to cover legacy commission inquisitorial proceedings.
It is indeed a pleasure to speak in the debate. I will focus on the victims and justice—justice has never been delivered, actually—and those who are no longer here but gave their lives for Queen, King and country. The Secretary of State will know that I have mentioned my cousin and Daniel McCormick. That was 55 years ago, and I have given an example of what that means: the legal mechanisms of this land have seen no justice.
I think of the Ballydugan four—the four UDR men—three of whom I knew personally. I think of John Birch, who was a twin. I am old enough to remember the day he was born. I also think of Michael Adams, who worked in a butcher’s shop; I knew him well. The day I saw him, I said, “He’s going to be a soldier,” and he was. He joined the Territorial Army, which I was in for a number of years, and him and I did a guard duty together up at Magilligan camp. I remember well the time we had together. He is dead, murdered by the IRA.
I think of Steven Smart, a Newtownards man—his family is well known in Newtownards. He was also murdered in the Ballydugan bomb in April 1990. I did not know John Bradley. Those are examples of men who served in uniform and gave their lives for this great United Kingdom of Great Britain and Northern Ireland.
I think of the Kingsmill massacre, where again civilians were murdered because they were Protestants. Where is the justice for them in this process and the Bill before us tonight?
I think of the La Mon fire in my constituency, where my right hon. Friend the Member for Belfast East (Gavin Robinson) and I had our party conference a while ago. I well remember the night of that fire bomb. I was in Comber with my friend when the news came over the air. Again, those people were killed by the IRA team from Belfast and nobody was ever made accountable. When it comes to justice for victims, I do not see that coming through whatsoever.
Private Robert William Hill, a 22-year-old part-time member of the Ulster Defence Regiment—a young man who I never knew but whose family are constituents of mine who live in Ballynahinch—was murdered by the Provisional IRA on 1 July 1996 by an under-car booby trap bomb outside his girlfriend’s home. The ferocity of the bomb was such that the personal weapon he carried was blown to pieces; we can understand what happened to him. Again, his family have no justice. There is a victim who served in uniform and delivered for this great country—this United Kingdom of Great Britain and Northern Ireland—and his family have never had justice.
I think of Winston Donnell, the first UDR man ever killed—outside my Aunt Isobel’s gate down in Clady. As the IRA team reversed down the road, that was probably the time when the reality came to many. They shot him with a Thompson submachine gun out of the back window of a car. He was in uniform, serving this country. No justice. Again, just where does this end?
(10 months, 2 weeks ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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I am grateful to the hon. Gentleman for what he says and for his support for what we are seeking to do in the remedial order. I acknowledge the responsibility that the Government have. These are quite unusual circumstances. The reason why we are debating this matter is because the Joint Committee on Human Rights has acknowledged the unusual circumstances and, despite having made other comments in its report, which we will all have read, has come to the conclusion that it gives its approval to the order and recommends that the House support it. I welcome what the Joint Committee on Human Rights has said.
I will point out one other thing. I acknowledge that the Government did take a bit of time between the report on 28 February and producing the revised draft remedial order on 14 October. That was because we listened to the representations that had been made, particularly by the Opposition, on the subject of interim custody orders in respect of sections 46 and 47, and in relation to the Supreme Court judgment in 2020. After reflecting on that, we found what we think is an alternative way of achieving the same objective, which is to be found in clauses 89 and 90 of the Northern Ireland Troubles Bill, which is currently before the House.
I simply point out that the previous Government tried for two and a half years to find a way of dealing with the Supreme Court judgment in the Adams case and were not able to do so, and eventually accepted the amendments moved in the other place, which became sections 46 and 47. It was acknowledging the arguments that had been made that led the Government to amend the remedial order, which we then put before the House on 14 October.
The Joint Committee on Human Rights, of which I am a member, published our second report on the Northern Ireland remedial order on 9 December. The Standing Orders of both Houses require the JCHR to scrutinise all remedial orders. The Committee concluded that the vires of the order were satisfied and that all statutory requirements were fulfilled. However, the Committee also felt that, under the circumstances, it was appropriate only because the Government gave compelling reasons as to why it would have to come forward in this way, with a Bill progressing through the House and a Supreme Court case ongoing. Does the Secretary of State agree that although the circumstances and the timing are not ideal, this is the best way forward?
I do agree. Although the circumstances are unusual, the Government believe we have a compelling case, and the JCHR has agreed with the Government’s assessment.
(5 years, 11 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
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I thank all hon. Members who took part in the debate, and I particularly thank the hon. Member for Strangford (Jim Shannon) for his words and for his attitude. Seamus Mallon once told me that every single death diminishes us all, and I stand by that principle today. I want truth for everybody: no matter where you came from, no matter who murdered you, you and your family deserve truth. I believe that our society deserves truth, and needs truth, because we cannot move forward in a spirit of reconciliation and partnership unless we take away the dark clouds and dark corners where this information is held.
I am also very grateful to the hon. Member for St Helens North (Conor McGinn) for righting a wrong today. A former Member for North Antrim made a scurrilous accusation in this place about Eugene Reavey. Eugene Reavey is one of the most decent, upstanding people I know, and what was said about him was absolutely wrong and totally hurtful. Why anybody would think that piling more pain on to a family—one of many such families—would have some sort of value, I just do not understand.
This is about all of us. Pat Finucane’s family are not trying to tell anybody that their pain is worse than anybody else’s or that their truth is more deserving than anybody else’s, but this case, as I and others have already said, goes right to the heart of the British Government’s involvement in Northern Ireland. The act of the murder, the cover-up of how it occurred and the denial of truth tell us a very clear story about the UK’s intervention in Northern Ireland.
I apologise to the hon. Gentleman; I had shadow Front-Bench duties, which meant I could not take part in this debate earlier. I thank him for allowing me to make an intervention. I was a witness to the Macpherson inquiry on Stephen Lawrence. That single murder and that inquiry shone such a light on police practice in the UK that they fundamentally changed it. The hon. Gentleman is making an eloquent winding-up speech. The same light, shone on the case of Pat Finucane, in terms of the police and Northern Ireland security services and their practices, such as the wiping of hard drives, could transform things in the way they were transformed post Stephen Lawrence. That is why I think this is such an important case, and the hon. Gentleman is making an eloquent case for it.
The hon. Gentleman is absolutely right; that gets to the core of it. I just do not believe that our society will properly move forward unless we know the truth of what happened. I know the Minister says that legacy issues are complex—well, they are difficult, they are painful, but they are pretty straightforward. What people want is the truth. What is complex about that? We know how hard this is—we live it every single day. Pat Finucane’s family live it, the O’Dowds live it, the Reaveys live it and all the victims of our terrible, terrible conflict are living it still today, and our society is sick because of it.
The Minister has an opportunity to take some of that pain away, to shine some light into dark corners. The Government made this promise—20 years ago, a promise was made to a family and it has not been kept, and this Government have a responsibility to keep that promise. A full, public, independent judicial inquiry is all now that will suffice. The case has been made. The promises have been made. It is time now to deliver.
If we want to deliver on all of the truth and if we want to get right to the heart of it, to the point made by the hon. Member for Strangford, there is a process. It is agreed. It is another international agreement. It is called the Stormont House agreement. If we want to sort all these issues out, we must implement that, bring the victims in from the cold and deliver the truth that they require. That is what we need to move forward as a society, and I fundamentally believe that we will not do so unless this issue is dealt with.
Question put and agreed to.
Resolved,
That this House has considered the potential merits of a public inquiry into the death of Pat Finucane.
4.25 pm
Sitting adjourned.
(8 years, 1 month ago)
Commons ChamberThe hon. Gentleman refers to many, many of the decisions that need to be taken. We need ministerial decisions to be taken so that those many urgent matters around public services and their delivery, the reform of health and education, and matters regarding paramilitarism can be dealt with. We need Ministers to do that, and the right Ministers to do it are those whom the people of Northern Ireland elected to represent them. That is what we all want to see.
The hon. Gentleman made the same point as his colleague, the hon. Member for East Londonderry (Mr Campbell), regarding the situation in the House. That is a matter for the House, and I am sure the hon. Gentleman will take it up with the House authorities, which no doubt he does on a regular basis.
In response to the hon. Member for Aberdeen North (Kirsty Blackman), the Secretary of State outlined the approach with the Northern Ireland parties on Brexit in general. In the absence of a functioning Assembly, will she outline how she is working with the Northern Ireland parties, in particular on the movement of goods and of people across the Irish border after Brexit?
The hon. Gentleman will have seen the Government’s White Paper, which sets out our proposals on the movement of goods and people following the United Kingdom’s departure from the European Union. He will have seen that the White Paper sets out pragmatic and sensible suggestions as to how those movements could continue in the way that they have done historically and in a way that works for the whole United Kingdom. Clearly, the Northern Ireland parties have been briefed on the White Paper, which is a public document.