(1 week ago)
Commons ChamberMr Speaker, I know that you would not want me to intrude on an ongoing judicial review. The judge reserved his judgement yesterday, so I will not do that, I am afraid.
The Government’s Bill will undoubtedly open up the prospect of reopened coroners’ inquests into deaths that occurred during the troubles. What confidence does the Secretary of State have in the Northern Ireland coronial service to deliver truth and justice—and, importantly, access to the truth—for victims and veterans compared with the coronial system in England and Wales?
I note that the cast list for the Chamber today is very similar to yesterday’s and the day before, and that some of these issues were adumbrated in the discussions we had. There is obviously a difference in the coronial system in Northern Ireland. I have heard people make suggestions about how we might want to reform it. One of the reforms we have put in the Bill, which I think is important, is that inquests will no longer be allowed to repeat processes undergone elsewhere, just as the legacy commission will not be able to do so.
(1 week, 1 day ago)
Commons ChamberOne day more, Ms Ghani.
Today we are debating parts 6 to 9 of the Bill. Part 6 sets up on a pilot basis the Independent Commission on Information Retrieval, as originally proposed in the Stormont House agreement. The commission will be an international body established jointly with the Irish Government to give families an additional means to retrieve information about troubles-related deaths. Part 7 covers the restoration of a limited number of troubles-related inquests. Part 8 covers further provisions, including the lifting of the prohibition set out in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 on investigations by the police of other troubles-related offences, including sexual offences, ensuring that there is no bar to investigating crimes based on when they took place. It also covers the provisions regarding interim custody orders.
I will turn first to inquests. I understand the strength of feeling across the House in respect of inquests, as evidenced by the large number of amendments that have been tabled by right hon. and hon. Members. The Bill does not establish any new inquests. However, when the legacy Act abruptly halted a number of inquests on 1 May 2024, we committed in opposition to restoring some of them, as we knew the hurt and anxiety it caused many families in both Northern Ireland and Great Britain. As we said at that time, it marked a very painful day for families of troubles victims, who felt that 1 May marked a door being shut in their faces, in particular for those who had been involved in inquests.
The truth is that many families have received answers through inquests, and only through inquests. I rather agreed with my right hon. Friend the Member for Leeds South (Hilary Benn) when he said yesterday that he had been brought up to expect an inquest whenever there was a suspicious death.
That is why the Bill strikes a balance on how to take this issue forward. It enables the resumption of the small number of inquests that were cut off midway on 1 May 2024. We believe that those families deserve to have that process continue, as we have said from the outset. For inquests that have been directed but not started, the Bill requires the Solicitor General to sift whether they would be best handled by the legacy commission or a coroner based on clear criteria, including a statutory presumption in favour of the commission for cases involving sensitive material, owing to the greater powers of the commission to take such material into account in producing reports. This is covered directly in clause 84.
There are understandable concerns about how we ensure that veterans are treated with dignity and respect within the coronial process. That is exactly why we have introduced safeguards to protect veterans from cold calling, to ensure that they do not have to travel to or within Northern Ireland to give evidence, and to ensure that the operational context in which they served is fully recognised. Let me repeat: these also apply to inquests, not just to the legacy commission. The Bill also amends coronial law so that inquests cannot repeat processes that have already been undergone elsewhere unless essential.
Let me turn to the matter of when this process comes to an end, which is something that has been raised with me by many veterans and others. Earlier this year, the right hon. Member for Goole and Pocklington (David Davis) tabled amendment 50, which sought to remove clause 85. I agree with him, so I have added my name to the amendment—it is now a Government amendment. This means that no new legacy inquests can be directed when the commission comes to an end. In practice, it means that we will simply vote for clause 85 not to stand part of the Bill, when we get to that moment. I believe that this will provide a clear end to troubles-related inquests and certainty for all those involved. I am very grateful to the right hon. Gentleman for tabling the amendment, and for his gratitude when I rang him to tell him that I was adding my name to it. I want to make it absolutely clear that this will mean no additional inquests—full stop, punto final.
As several Members pointed out yesterday, addressing the legacy of the troubles is a responsibility for both the UK and Irish Governments. A unilateral approach simply cannot work, as was demonstrated by the legacy Act. As Sir Declan Morgan, the chief commissioner of the Independent Commission for Reconciliation and Information Recovery, has repeatedly made clear to me, my predecessor—my right hon. Friend the Member for Leeds South—and the public, co-operation from the Garda and other Irish authorities will be essential to the commission’s ability to find answers for families. That is why my predecessor negotiated the joint framework, and it is why we are committed to implementing it.
Let us be clear about what that means. Records held by the Irish authorities may well contain crucial information or answers about how UK civilians and service personnel died. I have heard many people make the point that while the British Army kept records, paramilitaries certainly did not. However, we know that the Irish authorities may well have crucial information that is vital to this process.
That matter is particularly pertinent when it comes to consideration of the Omagh bombing. Given the material that we are discussing today, what indication has the Secretary of State had from the Irish Government that they will withdraw their inter-state case against the United Kingdom at the European Court of Human Rights? It seems to me that they are very reluctant to act at all.
The right hon. Gentleman makes a good point. By the time we finish considering the Bill today, I cannot see any legitimate reason why the Irish state would continue with its inter-state case at all. I have already made that point robustly to my counterparts in Dublin. I very much hope that they will look again and think again and decide that not only did we win the case in the Dillon judgment, but the legislation that we are advancing today is fully human rights-compliant, and that there is therefore no argument for them maintaining their inter-state case.
The right hon. Gentleman makes a decent point. The question then is simply how one addresses that and ensures that one gets the future co-operation that has been promised and committed to by the Irish Government. I am more hopeful than he is, I guess—he may say that is because he has more scars on his back than I have in this regard. I think that between the two of us, with his scepticism and my hope, we might be able to get to a good set of outcomes.
On the Omagh bombing, it is inevitable, I think, that we will end up having some of the same conversations today as we had yesterday, as Members understandably referred then to issues that we are voting on today. However, I would just say to the right hon. Member for South West Wiltshire that with my understanding of the terms of reference of the Omagh inquiry, we slightly disagree on this matter. I think it will be perfectly possible for the Omagh inquiry to come to some fairly firm conclusions. More importantly, however, as I said yesterday, it is really important that the fullest possible co-operation is shown, and, where the chief counsel has already said that they are not happy with that co-operation, it is incumbent on the Irish Government to step up to the plate.
Yes, although this is all on one sentence, and it is the right hon. Gentleman’s second go.
I am sure the Secretary of State will appreciate the importance of this point, as it does touch on the events of late 1998. There will be people out there watching the process of the Bill and wondering why they are, in effect, excluded from it. With the Bill as drafted, the suspicion may very well be that that is to spare the sensitivities of the Republic of Ireland, as the material that has been referred to would then come into scope if we were to extend this, perfectly reasonably, to the end of 1998, rather than confining it to the events prior to April 1998. If I may say so, the Secretary of State gave no compelling reason yesterday why the amendments that have been tabled to that effect would not be accepted by the Government.
You will be aware, Ms Ghani, that we not only had that debate yesterday, but voted on it last night. First, I want to make it absolutely clear that nobody drafted the Bill with the date of the Good Friday agreement in it in some sense to placate the Irish Government. That was not the consideration at all. I simply note that it is the same date that was used by the previous legislation, which was advanced by the Government that the right hon. Member served in. If he does not mind, I gently suggest that that is a better date to land on than another arbitrary date.
(1 week, 2 days ago)
Commons ChamberThe hon. Gentleman makes a very good point, and it is similar to a point he made last week in the carry-over debate. I agree with him. Of course, the Irish Government have to provide all the information that could possibly lead to further families being able to get the answers they need. Of course, there are instances where the answers will not lie in any of the paperwork the UK Government have, but might lie somewhere in the archives and records of the Irish Government.
One of the most significant achievements that was secured by my predecessor, my right hon. Friend the Member for Leeds South (Hilary Benn), was the co-operation with the Irish Government. In the previous debates, people were worried that we were going to introduce our legislation and the Irish Government would then introduce theirs, but they have already put together and published their heads of terms—the equivalent of a draft Bill—and they have committed, both privately to me and publicly, that they will work in lockstep with us so that our legislation and their legislation will come into force on the same day. That is an important part of guaranteeing that people will get the answers they need.
Will the Secretary of State consider extending the remit of the commission to include September 1998, and thus the Omagh bombing? He will know that the Irish agencies, and the Irish Government specifically, will have quite a lot to say on the subject, given the events of September 1998, but as things stand, there will be no way for victims and families to get the answers that he has mentioned in his preamble.
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.
The Secretary of State is characteristically generous in giving way. Clauses 4 and 5 govern the appointment of members of the commission and directors of investigations, and mandate that some of those should be drawn from people with experience outside Northern Ireland. Can he explain why that is, who these people will be and of which countries he believes they will have experience? I assume that means the Republic of Ireland.
No, I do not think that was the intention at all. One of the complaints about the Independent Commission for Reconciliation and Information Recovery, the body established by the legacy Act in 2023, was that there were potential conflicts of interest. That is why the idea of having two directors was introduced—that is the important part of the change to the legacy commission. The idea was that one would definitely have experience of Northern Ireland and one would have experience of elsewhere. It was not specifically that this should be in relation to Ireland. I would have thought it more likely that somebody would have experience of other parts of the United Kingdom.
Full disclosure by public authorities to the commission is vital to enable families to get answers about what happened to their loved ones, which is why it is required that the commission sees everything. To build on that, Government amendments 155 to 160 will allow directors of investigations and judicial panel members of the legacy commission to impose a timescale on state authorities when requesting disclosure—that is another key ask of the families. The amendments tabled by hon. Members relate primarily to the onward disclosure from the commission to the public—in other words, after the commission has reviewed the disclosure and is preparing its report.
I must be clear: the primary responsibility of any Government is national security, and I am accountable to Parliament on matters of national security as they pertain to Northern Ireland. Some information, even if it is historical, has present-day implications for the life and safety of individuals, for national security or for international relations. That is why schedule 5— [Interruption.] Sorry, I did not hear what the hon. Member for South Suffolk (James Cartlidge) was saying.
I was not twitching; I was trying to intervene. I recognise the spirit in which the right hon. Gentleman has advanced his case. I do not know whether he has had an opportunity to read the first report produced by ICRIR into the murder of Rory O’Kelly. It was striking to me that, although it did not come up with perfect answers to everything, it was felt as an enormous release to Anne O’Kelly. Although I do not want to oversell what we can achieve, we should not underestimate the significance of this legislation in getting answers for families, including many armed forces families. Mrs Jones is as likely to be somebody whose husband served in the military or in the Royal Ulster Constabulary.
I accept that point and I appreciate the way in which the Secretary of State framed Mrs Jones, and it is perfectly reasonable that he does so. My point is that we do ourselves and Mrs Jones a great disservice if we suggest that this process will bring answers, when answers there may very well come none—because of the passage of time, because of fading memories, because of people who have passed away, or because of evidence that has degraded or been deliberately or unwittingly destroyed.
The question is how we can best recover the information—how we can extract it—even at this late date, so that we can give some solace and comfort to those who have been wrapped up in these terrible events, from whatever side of the divide they hail.
In the spirit of the comments of the right hon. Member for Belfast East, I would like to address one or two specifics on clauses 4 and 5, relating to the appointment of the commissioners and the directors of investigations. Clause 4(2) states specifically:
“In exercising the power under subsection (1), the Secretary of State must so far as practicable ensure that one or more of the Commissioners have experience gained outside the United Kingdom”.
That was not what the Secretary of State told me. He is quite right that, under clause 5, one director of investigations should have
“experience of conducting criminal investigations outside Northern Ireland”,
so it is perfectly reasonable to infer that they may be drawn from people operating in the rest of the United Kingdom, but that appears not to be the case in relation to the commissioners. I would be very grateful if the Secretary of State, when he makes his winding-up remarks, was able to clarify that for me—or now, if he wants to.
Could the right hon. Gentleman just clarify what question he is asking? I am not sure whether he is asking about the commissioners or the directors of investigation. While I am on my feet, may I gently suggest to him that his figures about recruitment in the armed forces are wrong? Actually, for the first time in a decade, more people are joining the armed forces than leaving. Recruitment is up by 7% and outflow is down by 7%.
I do not expect the Secretary of State to comment on special forces, but I do suggest that he look at special forces specifically, which is what I was talking about earlier. If he wants to heap laurels on me, as a former Minister for defence people, since these things take a very long time, I am perfectly happy to take some of the credit. I am grateful to him for that, but I do not think that it was the intent of his remarks.
My question to him was about clause 4(2). He satisfied me in relation to the directors of investigations, but it is the commissioners about whom I am concerned. I think that, unwittingly, he may have conflated the two, and I should be grateful if he could clarify that for me at some point.
Government amendment 259 and new clause 34 concern, respectively, commissioners and members of the victims and survivors advisory group. There is a mandate that commissioners cannot have been convicted of an offence “anywhere in the world”. That needs a bit of further thought, because in some parts of our benighted world today, people are convicted by jurisdictions for which I do not think we would have a great deal of respect. When I was a Minister in the Foreign Office, I dealt with Nazanin Zaghari-Ratcliffe, who was convicted and imprisoned falsely—but convicted nevertheless—in such a jurisdiction. I feel that we may need to revise the wording, either here or in the other place, to be clear about the Government’s intent. Neither is there any mention of the rehabilitation of offenders. New clause 34 does at least place a limit of three months on a custodial sentence for members of the advisory group, but I think that this part of the Bill needs a bit of redrafting so that it makes more sense.
Government amendment 162 touches on the provision of information via a remote link, which is a positive, but it also provides a get-out for inquisitors in the form of an impracticability test. What I am not sure about, and what I seek clarification on, is what circumstances would make it “impracticable” for a person to provide information through live audio or video links.
Comments have been made about the part that the Irish Government play in all this through the framework agreement. There is a lingering suspicion that Dublin has had an undue influence on the Bill, and we have heard—particularly in relation to Omagh—why that should be. I entirely accept the Secretary of State’s assertion that the Irish Government have not been involved in the drafting of the Bill, and, indeed, had not seen the amendments before their publication, which is reassuring. However, it would be useful to know when the Secretary of State expects the Irish Government to implement, through their legislative channels, the reciprocal arrangements that are necessary to provide some chance of recovering information that may be sequestered in the Republic. As the hon. and gallant Member for Birmingham Selly Oak (Al Carns) has pointed out, that repository is likely to be vast. Up to this point it has been untapped, and until it is tapped, questions will be asked about the candour of Dublin in trying to provide answers to many of the problems about which we have heard today.
The hon. Member for Foyle (Colum Eastwood) was right to say that this is all about victims. It is also about veterans, many of whom I have the honour and privilege to represent. There must be a way through this that will satisfy both parties, even through the prism of so many years. There is a wall of misery associated with the troubles, and it is our job to do what we can to remedy that, difficult and imperfect though the process may be. I appreciate the Secretary of State’s endeavours—he approaches this matter in good faith, as did his predecessor —but I fear that what we have at the moment simply will not do.
(2 weeks, 1 day ago)
Commons ChamberAs the hon. Member will know, the word used in the legacy Act is “necessary”, which is a much lower bar. “Essential” is traditionally a higher bar, and it is used in lots of legal judgments already. The kind of thing we are talking about is where there is a new forensic process that was not available 30 years ago—for instance, we might be able to examine a fingerprint on a piece of shrapnel much more effectively today than we could previously—or where there is literally a new piece of information, and it is essential to be able to conduct the work of the organisation.
Secondly, there is a new provision that the legacy commission must obtain and review any information it needs from the state itself before it considers whether to request an individual to come as a witness.
Thirdly, there is another new provision that the legacy commission must not request information from a witness unless it has considered whether compelling new evidence exists or the likelihood of a witness being able to provide new information.
Fourthly, the legislation will put the protection from cold calling into law and strengthen the provision for remote attendance, ensuring it applies to all aspects of the commission’s work.
Fifthly, prosecutions in troubles-related cases are rare— I expect them to be rare— but to provide greater assurance and confidence in decisions to prosecute, any future prosecutions of serious troubles-related offences will require the consent of the Attorney General acting quasi-judicially. That will apply regardless of whether the offence relates to state or non-state actors. I am grateful to my hon. Friend the Member for Birmingham Selly Oak (Al Carns), who I know was committed to making this change both inside and outside of Government, and who rightly pointed out that there is precedence for this approach and it in no way changes the thresholds required to proceed with the prosecution or the prosectors’ independence in considering the evidence before them.
I have also tabled a number of amendments in relation to the legacy commission’s victims and survivors advisory group, providing clarity that former paramilitaries cannot be appointed to the group and that former service personnel, many of whom are also victims, must be represented.
The legacy Act’s immunity scheme was previously being repealed from statute via a remedial order. To enable Parliament to consider the changes we are making in the round, we will now repeal it through the Bill. This addresses the recommendation of the Joint Committee on Human Rights, to whom I am grateful.
May I say how much I appreciated the joint letter that the Secretary of State and the Defence Secretary sent to colleagues, which I think has pacified a lot of our concerns? However, what he is describing is a wholesale filleting of the legislation. Will he comment on why the legislation was initially drafted in this way and apologise to those servicemen, many of whom are now in their 70s, who have been deeply troubled by the fear that they will be a victim of the 3 o’clock knock?
(1 year, 4 months ago)
Commons ChamberMy hon. Friend makes a good point; that is very important. Indeed, the Gender Recognition Act 2004 lays down clearly the privacy responsibilities of other Government Departments. In fact, one of my anxieties when we were considering the Data (Use and Access) Act 2025 was that we seemed to be getting to a place where people would have to present their passport or a document to prove whether they could access a single-sex space. I honestly think that the rights of both these groups can be respected fully. We surely must be the kind of society that can achieve that.
The Minister is rightly pointing out where progress has been made nationally and internationally, but when he was cantering through those points of light nationally, he missed out one group: the men and women serving in our armed forces. I am particularly mindful of that because Saturday is Armed Forces Day and, sadly, one of the chief advocates for LGBT people in the armed forces, Lord Etherton, died in May. Will the Minister pay tribute to Terence Etherton and comment on his 2023 report into the shameful way in which gay people were treated in the armed forces between 1967 and 2000?
I am really grateful that the right hon. Gentleman has raised that point, and it is good that it is a point of agreement across the whole House. There was a time when large numbers of people in this House would have thought that having gay men, lesbians or trans people in the armed forces was anathema, and I am so glad that we have changed. The shields on the wall up there are dedicated to Members of Parliament who were killed in the second world war, and at least five, if not six, of them were gay men who gave their lives in defence of this country. Bravery is available to people regardless of their sexuality or their identity. The right hon. Gentleman is also absolutely right to refer to Terence. His report was an essential part of changing the landscape in this country and making sure that compensation was available to the individuals who were affected.
We should acknowledge the fundamental truth that trans people have always been at the forefront of our movement. From Marsha P. Johnson in New York to Mark Ashton here in the UK, trans people and gender non-conforming people have led protests, shaped policy and built community, often with little recognition or safety in return. At Stonewall, at section 28 protests, in the founding of support services and HIV charities, and at the heart of every movement that pushed us forward, trans people were there and they led. We owe them a debt of gratitude, so to treat them now as a threat to the very movement they helped build is wrong. We will not forget their role, and we will not leave them behind. Trans people deserve safety, dignity and the same freedom to live their lives as anyone else, and under this Government they will have it.
On 29 August 1924, Edward Carpenter had his 80th birthday. He had famously campaigned for our rights and lived with his lover, George Merrill. Indeed, he was probably the model for E. M. Forster’s novel “Maurice”, which I think was published only after E. M. Forster’s death. Carpenter was a brave campaigner at a time when it was impossible to be brave. Men were still being imprisoned with hard labour for homosexuality in 1924, when he came to his 80th birthday, so it was a phenomenal act of bravery when every single member of the Labour Cabinet—there was a Labour Government in 1924—signed a letter to Carpenter wishing him a happy birthday.
That kind of magnanimity should be the hallmark of our politics today. We are not yet the country that we could be, but in all we do in our hospitals and our schools, in our laws and our language, in our foreign policy and our public services, this Government will uphold one principle: a little respect for all. Let that be the legacy of this House.
(1 year, 5 months 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.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
I find it difficult to believe that there has not ever been a film made in Devon, but if that is the case, one of my major aims must be to make sure that in the next few years a film is made in Devon. Perhaps we will be able to get the hon. Member a bit part. I will, if I may, just refer back to Cheltenham. One of the films made in Cheltenham many, many years ago was “If”, which is wonderful and was directed by Lindsay Anderson. The word “if” is a very important one at the moment, because we are talking about if these tariffs were to be imposed.
On Sunday, the President of the United States said:
“WE WANT MOVIES MADE IN AMERICA, AGAIN!”
Does the Minister agree that the key to making great movies is to ensure artistic freedom and expression and to grow the necessary skills? With that in mind, would he visit Tech Trowbridge in my constituency, which is doing a good job in upskilling young people in multimedia?
(1 year, 8 months 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.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
That is precisely the job that Lord Vallance is engaged in. We are trying to make sure that our research and development budget across the whole of the UK is spent in a way that delivers economic growth and investment in companies that are start-ups, but also in ones that need to scale up. We are also working with the Department for Education to make sure that we have the skills that we need in the UK—not just to come up with a good scientific idea, but to develop entrepreneurialism and to be able to take an idea to market and make a living out of it.
I am grateful to the Minister for providing some insight into the way in which the Government and their Ministers look on economic matters. Does he appreciate that investment per capita in R&D is very much greater in America than in this country? There are now a range of incentives at federal and state level that will act as a draw to life sciences, notwithstanding what has happened in Washington over the past few days. What is there to tie a company such as AstraZeneca to this country? Why would it not look more favourably on America as a destination of choice?
To be honest, that sounded like a bid to send AstraZeneca to the United States of America. I do not think that is what hon. Members of this House should be doing; I think they should be standing up for the UK as the best place for AstraZeneca to invest. [Interruption.] There is no point in pointing at me like a child: that does nobody any favours. The honest truth is that AstraZeneca is and will remain one of the biggest investors in the UK economy.