Northern Ireland Troubles Bill Debate
Full Debate: Read Full DebateAmanda Martin
Main Page: Amanda Martin (Labour - Portsmouth North)Department Debates - View all Amanda Martin's debates with the Northern Ireland Office
(1 day, 10 hours ago)
Commons Chamber
Amanda Martin (Portsmouth North) (Lab)
Portsmouth is home to serving personnel, veterans, military families and many who carry the memories of operations undertaken in the service of their country. I want to take this opportunity to thank all those who have contacted me and spoken to me about the Bill and the amendments, and to thank all those who have served and who are in the Gallery today.
I was surprised not to have received more correspondence from local veterans about the Bill. I do not think that is because they are not interested, or because they are fully satisfied with the Bill. I fear that for some it is because confidence has been worn down over many years. They have heard assurances before and they have been misled by those trying to score political points. Too often they have experienced uncertainty, repeated processes and a system that they did not feel was designed for them.
New clauses 49 and 50, and yesterday’s amendments, will, I hope, start to rebuild some of that trust. In the tone struck by the Secretary of State yesterday, he recognised the important truth that peace without justice is not truly peace and that, equally, justice must be pursued in a way that is balanced, credible and capable of commanding confidence across the community. I particularly welcome the Government’s efforts to address long-standing concerns raised by veterans organisations. Many of those organisations have, quite rightly, argued that there must be a clear recognition that there is no moral equivalence between those who sought to uphold the law and those who sought to destroy it through terrorism. Personally, I am sorry for the time it has taken, and the pain and the agony that has caused. As the Secretary of State reminded us, we honour the overwhelming majority who served with distinction not by defending the indefensible, but by being honest about the past.
We must also honour our current serving personnel, and our cadets and future cadets, the men and women who will serve our country. Although it is not related to the Bill, I am moved to note that I do not recognise—in my city, in Government data or in Government policy—the picture painted by the right hon. and learned Member for Fareham and Waterlooville (Suella Braverman). I am the proud mum of serving personnel. The work we have done as a Government to support our armed forces with pay, housing, legal changes to their court system and so many other things about family life are not as she represented them. Those members of the armed forces are proud to serve their King and their country. They are what we call patriotic.
I also need to set the record straight so that people can see that the previous Government left a legacy Act in 2023 that made false and undeliverable promises, which left veterans in legal limbo and which could have enabled immunity for members of terrorist groups. That was not okay and they should be sorry for that, too.
I know that this Government do not believe there is any equivalence between the lawful service of our military personnel and indefensible acts of terrorism. It is my Prime Minister who has said that we must sometimes put aside political point scoring and have problem solving. To be fair, the majority of the debate in this Chamber has been conducted in that way. I welcome the contributions from across the House and I am proud to be a part of this debate. This is a challenging area that was left unworkable. This Government have had to work hard to fix what was left. I would like to have gone further, but I recognise that we have moved in the right direction and I want to address some of those points.
The overwhelming majority of those who served during Operation Banner did so honourably, courageously and under extraordinarily difficult conditions. More than 300,000 members of our armed forces served in Northern Ireland. They operated under sustained threat from terrorist organisations. They faced split-second decisions in circumstances that few of us in this Chamber can fully comprehend. Any process examining actions taken during the troubles must, therefore, take proper account of the operational context in which those decisions were made.
Like my hon. Friend the Member for Middlesbrough and Thornaby East (Andy McDonald), I am concerned about the number of amendments and the time that we have had to review them, but I welcome the Government’s determination to ensure that the operational context is reflected in the legislation.
I also welcome the Government’s amendment 240, which is intended to prevent unnecessary repeated investigations where matters have already been thoroughly examined. One of the concerns that I hear most from veterans in Portsmouth is not opposition to accountability but frustration at the prospect of being repeatedly drawn back into processes concerning events that have already undergone intensive scrutiny. Veterans are asking for a system that distinguishes between a genuinely new line of inquiry and the unnecessary repetition of work that has already been completed. That is a reasonable request, and one that the legislation must answer clearly.
Many veterans are now elderly, and some have spent years believing that matters were resolved, only to face renewed uncertainty. Their families carry that burden. Providing clear safeguards against unnecessary repetition is therefore both humane and sensible. Amendment 277 would widen the definition of family members to nephews, aunties, uncles and grandparents.
Consideration of the removing provisions is an opportunity to ensure that the safeguarding that Parliament intends is clear, workable and capable of giving veterans confidence that they will not face repeated investigations. We see that in the wording of amendment of 240. However, I would welcome clarification from the Minister on where the bar will be set, what criteria will be used, what guidance will be published, how veterans will be able to understand whether the test has been met, what assurance will they receive that an early investigation will be properly considered before a new one begins, and when they will know how long it will be before new evidence is brought.
The manner of contact matters as well. Veterans should not be cold called about events that may have taken place decades ago. Initial contact will instead go through the Ministry of Defence, so that the individual is informed and supported. Evidence may be given without travelling to Northern Ireland, and anonymity may be requested. Decision makers will have to consider the person’s age, health and wellbeing—all things that were made important to me. I was pleased to see that addressed in amendments yesterday.
I would welcome an assurance from the Secretary of State that the support will be proactive rather than merely available on request, and that veterans will have a clear and consistent point of contact. It cannot become a new procedure to be followed; veterans and their families must be treated with dignity, clarity and care throughout the process.
As my hon. Friend the Member for Belfast South and Mid Down (Claire Hanna) so eloquently put it, we must avoid framing the debate as veterans versus victims’ families, because in many cases those categories overlap. As the Secretary of State rightly said yesterday, veterans have families seeking answers as well. Service personnel were themselves killed, injured and traumatised during the troubles. Their widows, children and relatives deserve truth and dignity just as much as any other family affected by that conflict.
No legislation dealing with the legacy of the troubles will satisfy everyone—the wounds are too deep and the experiences too varied for that—but I believe the Government have moved significantly towards a more balanced framework. I welcome the conversations that I have had with Government Ministers and my veteran community. Although not perfect, as the hon. Member for Lagan Valley (Sorcha Eastwood) said, the Bill is a last chance for something that is needed.
From the perspective of a constituency with a large community of veterans, I welcome the Government’s recognition of the unique role played by those who serve, their commitment to ensuring that operational realities are properly considered and their efforts to prevent unnecessary repetition, while continuing to pursue truth and accountability.
We all know that for too long it has been empty promises and words on a page. Veterans will and should judge the Bill by not the promises made about it, but their experiences of the system it creates. We therefore have a continuing responsibility, in this place and the other, to listen to them, explain the changes honestly, and ensure that safeguards approved by this House are honoured in practice for all who have been affected.
Jim Allister
The Secretary of State is not known for selling himself short, but even he would have to acknowledge that the Bill he has produced and amended has fallen well short of universal acclaim. It has unimpressed a lot of people and interests. It is not that there is no good in the Bill; it is a question in many instances of the balance, or lack of balance, that it strikes.
Indeed, one of the fundamental failures of the Bill comes from the inherent preferences that the Secretary of State has made within it. The most horrendous terrorist attack in Northern Ireland, in terms of the number of victims, was the Omagh bomb, yet the Secretary of State has chosen to draw a line in the Bill that excludes investigation of that bombing by the legacy commission. One of the most egregious and audacious IRA attacks was at Loughgall, where eight heavily armed IRA terrorists came to destroy a police station, with a bomb in the bucket of a digger and a vanload of terrorists to shoot up the station, yet the Secretary of State has chosen to include that attack within the special category of those who will be entitled to full inquests.
On the one hand, the Secretary of State excludes Omagh from the framework of the Bill; on the other hand, he includes within it the most audacious of the IRA attacks, giving the families of those IRA chosen terrorists the right to a full inquest, and then he proceeds with an amendment to prevent other inquests. It is by drawing such preferences that the Secretary of State has caused the Bill to suffer from both a lack of balance and a lack of appreciation and support across the entire community.
There can be no case more undeserving of an inquest than Loughgall, which involved hardened terrorists with dozens upon dozens of innocent victims to their account of murder, as we have heard from the right hon. Member for Goole and Pocklington (David Davis), under the leadership of Patrick Kelly and Lynagh, one of the most notorious IRA terrorists, who had already carried out a carbon-copy attack on Ballygawley police station, and then on the Birches. At Ballygawley they had murdered police officers. At Loughgall they came at the particular hour when they knew policemen would be leaving at the end of their shift. Their bomb was concealed in rubble in the bucket of a digger, and they had a load of terrorists to shoot up the station and repeat what they had done at Ballygawley and the Birches.
Happily—yes, happily—they met the SAS. Happily, the SAS ensured that they would never murder again. In that, the SAS saved countless lives, because that bunch of terrorists had already taken dozens upon dozens of lives. In 2017, declassified documents from ballistic tests showed that their weapons had been used in between 40 and 50 murders. These were not boy scouts on an outing; they were fully armed, dedicated, hateful terrorists coming to murder and kill. When they were dealt with as they ought to have been, what do the Government do? They say, “Oh, we will give you a special place within our legacy Bill—a special protection—so that your families will have what other families will not. You will have a full-blown inquest at public expense. It will cost whatever millions it takes. We will fully legally aid all of you to be represented so that you can try to pick at the lawful actions of the SAS soldiers.”