(4 weeks, 1 day ago)
Commons Chamber
Mr Paul Kohler (Wimbledon) (LD)
Although I have not held this spokesperson role for long, I have met veterans, victims and survivors, academics and Members from across this House and the other place. Those conversations have been humbling and instructive, reminding me of the horror that Northern Ireland endured and the courage of those who lived through and served during the troubles.
I begin by recognising the Secretary of State’s work in bringing forward this Bill. Dealing with the legacy of the past requires legislation and practical action that the public can trust. I want to make it clear that the Liberal Democrats welcome the intent to repeal and replace part 2, and certain aspects of part 3, of the Conservatives’ failed legacy Act. That legislation was a profound misjudgment. It commanded no confidence in Northern Ireland, was opposed by every major party and placed the UK in breach of its human rights obligations. Not only did the Tories provide conditional immunity for serious troubles-related crimes, but they offended victims and—the shadow Secretary of State seemed to forget this—alienated veterans by appearing to equate them with terrorists.
This Bill rightly removes those provisions, ends immunity and restores the principle that no one is beyond the law. Clause 1 confirms that the Independent Commission for Reconciliation and Information Recovery will continue under a new name—the Legacy Commission—with reformed governance and functions. That recognises the need to rebuild the process to have one that the people of Northern Ireland can trust.
We support the Government’s intention to reform the commission, but expectations are high and confidence is fragile. Any effective legacy process must also ensure that the narratives of the troubles remain accurate and that victims of terrorism are neither forgotten nor morally equated with perpetrators. At the same time, they were victims of lawful, and occasionally unlawful, acts by the state, whose right to truth is equally important. Only a system founded on transparency, independence and fairness can command confidence across all communities, which previous actions, such as the letters of comfort issued to paramilitaries in the past, did so much to undermine.
Clause 3 sets out the Legacy Commission’s structures and functions, including investigating deaths and serious harm, holding inquisitorial proceedings, producing a full record of deaths and securing public confidence—a requirement I strongly welcome. It also establishes an oversight board to provide strategic direction and scrutiny, but with a board drawn from within the organisation, the real test of its effectiveness will lie in the independence and integrity of those appointed to lead the commission in the first place.
Clauses 4 to 6 give the Secretary of State power to appoint commissioners, directors of investigation and judicial panel members. Even with the consultation requirements under clause 9, that concentration of powers risks undermining trust. Appointments through the Northern Ireland Judicial Appointments Commission or a similar independent mechanism would surely strengthen public confidence. My concern is heightened as the Secretary of State also appoints the victims and survivors advisory group under clause 8. When one person controls both the commission’s leadership and its advisory body, independence is difficult to discern.
Turning to the fundamental issue of veterans protections under the Bill, those amount to the following. Unsolicited contact would be limited to official channels, which is clearly important. There will be an end to repeat investigations, but the undefined caveat of “unless it is essential to do so” leaves the scope unclear. Veterans will have the ability to seek anonymity, although a provision to that effect already exists under the Criminal Evidence (Witness Anonymity) Act 2008. Veterans will have the right to give evidence remotely, but there will not be a default presumption to do so. Veterans’ welfare will have to be considered, which is at best vague, and veterans will be represented on the ministerial advisory group, which while welcome does not in itself offer protection.
Veterans are surely right in arguing that this is not enough. This has implications not just for them, but for our current service personnel and potential future recruits. As the nine four-star generals who wrote to The Times last week made clear, the provisions of the Bill have profound implications for both service morale and future recruitment.
Mr Angus MacDonald (Inverness, Skye and West Ross-shire) (LD)
My family has served in the Army for many generations, including myself in the troubles in Northern Ireland, and indeed my son is serving now. We have seen and deeply admired the Army’s core values of courage, discipline, respect, integrity, loyalty and selfless commitment. Would my hon. Friend accept that the retired generals and the many serving friends of my son make an extremely pertinent point when they say that the Bill will negatively impact retention and recruitment in the British Army, and at a time when we are desperate to bolster our armed forces?
Before Mr Kohler resumes his speech, let me say that we must keep interventions short. Many Members wish to contribute.
(5 months ago)
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It is a pleasure to serve under your chairmanship, Mr Mundell. I thank all the residents of South Shropshire who signed the petition or came to see me, and all the veterans who have come down today. My dad was one of the first SAS troops to serve in Northern Ireland in the ’70s, and I served 18 months during the troubles on Op Banner, so I have first-hand experience of that. How do I share some of that experience to set out the reality of what it is like to be a soldier on operations?
I was a teenager when I deployed on my first tour to Belfast. I had little understanding of the big political situation, but I knew everything I needed to do, what I could and could not do, and all the rules of engagement, and everybody on the tour followed those. Our pre-deployment training, which the hon. Member for Plymouth Moor View (Fred Thomas) mentioned, was extensive. For months we covered every possible scenario that we could face when in Northern Ireland on operations. I was a rifleman with the 2nd Battalion the Royal Green Jackets. They were tough soldiers, but professional and knew what they could and could not do.
Let us throw a little context on what it can be like on operations in Northern Ireland. Let us imagine patrolling what could be a normal housing estate in the UK—some areas would be more rundown than others, but the structure is the same. When we walk past somebody, we do not know if that person is going to buy something from a shop, pick up their children, or plan to kill us. We do not know what their intentions are. When a car speeds around the corner, as we see every day on our streets, we do not know if that person is late to pick something up, going to an event, a joyrider, or somebody driving past to kill me and my colleagues in a drive-by shooting. We do not know that, but these things happen all the time. We never really knew anybody’s intention.
In 1996, in the middle of my tour, there was a decision not to allow a march to go through Drumcree, and what was a semi-stable environment turned within a matter of hours into complete carnage, with rioting and people being burned out of houses up and down the whole area. All of a sudden, law and order—the whole rule of law—had completely broken down. In about four days, I believe some 750 RUC were injured, of whom four were shot on patrol with us in one night. So whatever people thought it was like, when discussing this many years later people have to add the extreme pressure, the mental pressure, that we faced as we looked under the vehicle every single day to see whether it was a car bomb.
When we were in the riots and somebody goes to throw a brick or a stone, we have a split second to react: is that a grenade? Is it an improvised weapon? Every one of those is designed to cause harm and some are designed to kill. We have a split second to decide whether to open fire—or do me and my colleagues get killed? We do not know. There is pressure. We might have been out for many hours with very little sleep, but we knew what we had to do.
Many soldiers who served in Northern Ireland spend every day remembering their colleagues who did not return, trying to forget what they saw and what they witnessed, and are woken at night by screams. That has not left many people. We asked them to do the most extreme things in the most difficult conditions.
I was proud when the previous Government—too late, in my mind at least—introduced the legacy Act. I sat on the Bill Committee. The Act meant protection for our veterans, which is what I had campaigned for. I had spoken about that many times before, and I had seen new colleagues who were facing prosecution, or the threat of prosecution, for their time. I believe the whole veteran community at the moment sees the repealing of the legislation as a body blow. I do not think the Government realise the anger that the community will feel.
Mr Angus MacDonald (Inverness, Skye and West Ross-shire) (LD)
My son is a serving soldier, and he tells me that many are leaving the forces because of this issue. We are tens of thousands below our recruitment level. Does the hon. Member think he is right and that this is damaging our ability to defend our country?
I thank the hon. Member’s son for his service. Mine joins in two months at the age of 16. I hope that 30 years down the line, when he has defended his country as the hon. Member’s son has, they do not go through this, because morale is at rock bottom. There is no naivety among veterans.