Northern Ireland Troubles Bill

Andy McDonald Excerpts

2nd reading
Tuesday 18th November 2025 Commons Chamber

[Andy McDonald (Middlesbrough and Thornaby East) (Lab)]

I rise to welcome the Bill, particularly its reversal of aspects of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 and its effort to restore human rights compliance and public confidence. It resolves court-identified incompatibilities and makes changes to legacy cases. Alongside the remedial order, it removes immunity from prosecution, restores civil actions for troubles-related conduct, and reinstates some inquests. Other matters will be handled through the legacy commission’s inquisitorial proceedings, enabling family participation and appropriate handling of sensitive information. These measures acknowledge that previous approaches caused deep harm and were, in many respects, unlawful.

However, as with the Public Office (Accountability) Bill and the Government’s engagement with the Hillsborough families, it is vital that this legislation gains the confidence of those affected in the north of Ireland. Amnesty International notes progress but also remaining concerns. Section 45 of the legacy Act, which limits police ombudsman investigations, is only partly addressed. Will the Minister say how incompatibilities with the ECHR, highlighted by the Northern Ireland Court of Appeal, will be resolved?

The Bill also retains the national security veto, giving the Secretary of State sole authority over sensitive disclosures. That risks undermining compliance and public trust, especially where state wrongdoing may be implicated. The family of Sean Brown, who was abducted and murdered in 1997, have long sought an independent public inquiry, and the Taoiseach called for such an inquiry this year. The PSNI has apologised for failings in the original investigation. Will the Secretary of State confirm whether the Government will commit to a fully independent inquiry into Mr Brown’s death, and that the proposed veto powers will not prevent it?

Given the legacy of mistrust, why do disclosure decisions remain solely in the Secretary of State’s authority? Will the Government consider an independent mechanism to balance national security with public confidence in legacy commission investigations? Although the Bill narrows the definition of sensitive information and introduces a public interest test, only the commission can appeal disclosure refusals, and only judicial review principles—not merits review—apply. Families’ rights to truth under articles 2 and 3 of the ECHR therefore remain vulnerable. Outstanding cases, such as that of Sean Brown, highlight the need for full, independent investigations. Courts have confirmed that an article 2 inquiry is required, yet none has been convened.

Concerns also remain about universal protections. Veterans appear singled out, potentially undermining fairness. Will the Secretary of State clarify how the Bill will ensure that protections apply equally, and that no group is seen as prioritised over victims and families? Additionally, the Bill states that human rights are to be “respected”, rather than imposing a binding obligation. Clearer language would strengthen accountability and reassure the public that all bodies must comply fully with the ECHR. Will the Government make that explicit? Finally, independence in appointments, particularly of judicial panel members, is essential. The Secretary of State’s broad appointment and resignation powers risk perceptions of political influence. Strong safeguards are needed to maintain trust.

In conclusion, although the Bill and the remedial order mark progress, significant issues with disclosure, independence, inquiries and universal protections remain. I urge the Minister to clarify how the Bill will rebuild trust and ensure fairness, transparency, and full human rights compliance for victims and families.