Northern Ireland Troubles (Legacy and Reconciliation) Bill

Baroness O'Loan Excerpts

Consideration of Commons amendments
Tuesday 12th September 2023 Lords Chamber

[Baroness Ritchie of Downpatrick (Lab)]

My Lords, it is a pleasure to follow the noble Lord, Lord Weir. Noble Lords have been consistent across the House in their opposition to the contents of this Bill, which I believe are deeply iniquitous. For me, they represent a denial of basic human rights—access to justice and truth, the very things that victims and survivors have yearned for over many years.

I am deeply disappointed that the Commons, on a majority vote, rejected our reasonable amendment, which was supported across this House last week. None the less, I do not think that the issue will be resolved by this Bill. I believe that Sir Declan and his commissioners will meet many legal challenges; in fact, he invited them in his Irish News interview on Monday 28 August, which suggests that he might have doubts about this process.

Notwithstanding that, this House has stood solidly and steadfastly with the victims and survivors. I was disappointed again when I heard the Secretary of State in an interview a few days ago, as he did not seem to reflect on, think about, empathise with or sympathise with the views of victims. He simply dismissed them. This was another denial of their right to justice and human rights. Always remember that victims of the Troubles have suffered immeasurably in many ways, whether physically or mentally, over a long period, through the loss of loved ones.

So, we still disagree with this Bill. I am pleased that my honourable friend the Shadow Secretary of State has indicated that a future Labour Government will repeal the Act. I look forward to that day, because I know where I stand: it is with the victims and survivors, right across the board.

[Baroness O'Loan (CB)]

My Lords, I rise to speak in opposition to the Government’s removal of the opportunity for family members of those who died in the Troubles to play a role in the decision as to whether immunity should be granted under the Bill. Accepting your Lordships’ amendment would have given victims the opportunity, at least, to have a role in the decision as to whether to grant murderers immunity for the murder of their loved one.

Today is a terrible day for the people of the United Kingdom and for the rule of law in the United Kingdom. It is a day of shame. It is the day on which Parliament is legislating to remove from people across the UK who were victims of the Troubles access, in accordance with the rule of law and our international legal obligations, to criminal prosecutions, civil actions for damages for loss and injury caused, and to inquests. Moreover, His Majesty’s Government are forcing through not only these restrictions but their immunity clause, despite the fact that, as the Secretary of State said most recently,

“There are no guarantees that the Bill will bring information forward”—[Official Report, Commons, 6/9/23; col. 439.]


at all.

How do your Lordships think the people of Northern Ireland and the other victims of the Troubles across Great Britain felt on hearing those words? At least the current system had been gradually providing verifiable and accurate information for victims, despite the best efforts of those who sought to limit access to information. The Secretary of State said yesterday that, despite the widespread opposition to the legacy Bill from politicians and victims, he has not been presented with an alternative option. This is untrue. The Government have been presented with alternatives during the passage of the Bill which included a fully empowered independent commission that would have investigated in compliance with all our legal obligations. Those alternatives have all been rejected by the Government, who have used their parliamentary majority to force through this iniquitous Bill against the wishes of every political party, community group, victims’ group, human rights organisation, et cetera. Nobody in Northern Ireland and nobody among the GB victims’ groups wants this law.

On this day, His Majesty’s Government are using their parliamentary majority to force through a Bill that is already subject to challenge in the courts. There is now tremendous pressure on the party in opposition to live up to its commitment to repeal the Bill if it wins the next election. Even more, there is huge international pressure on the Irish Government to institute legal proceedings in the European Court of Human Rights in respect of the UK’s failure to comply with its legal obligations under the treaty. I very much hope that they will bring those proceedings.

A country which does not respect the rule of law and its international legal obligations loses its legitimacy in the wider world. In passing this Bill, the United Kingdom is not, as His Majesty’s Government have claimed, seeking to provide truth and reconciliation for the people of Northern Ireland and for all the victims of the Troubles across the United Kingdom. The noble Lord, Lord Bruce, asked a very pertinent question, and I hope the Minister will reply to it. The effect of this Bill is to restrict access to legal remedies, which are enjoyed by everybody else in the United Kingdom, for that small and unfortunate group of victims, several thousand in number, who suffered so terribly during the Troubles. I cannot support this amendment.

[Lord Eames (CB)]

My Lords, in my years of service to this House I cannot think of an occasion when sadness, disillusionment and indeed anger pressed upon me to the extent they do today. Over the months we have worked to try to improve this Bill, I have listened to many highly technical speeches based on great parliamentary experience. But to that I have to add one other element today which it has been my sad duty to bring to the attention of this House over that period.

It is to tell noble Lords that the word “victimhood” has become so used that we have lost sight of what or who a victim is. A victim exists with a picture on the mantelpiece. A victim exists with frequent visits to a hospital for treatment. A victim exists in the grandmother trying to explain to grandchildren what happened to members of that family. A victim is one who believed at one stage that the mother of Parliaments would understand their dilemma.

I have paid tribute on several occasions to the Minister for his patience in dealing with this issue, but I have to say this afternoon that he has not gone far enough. The feeling of sadness which overwhelms me is based on my many years of service to victims—to the men, women and children who were the real sufferers of our Troubles. I cannot get them out of my mind at this moment: the funerals, the addresses at funerals, the comfort in the hospital ward or beside a bedside. That is the whole background: the human side of “victim”. The human side is an ageing population who have been through the Troubles, and who now, by the passage of time, have looked with some hope to what we were going to pass in Parliament.

Way back, all those years ago, when Denis Bradley and I were asked to make the first attempt at dealing with the combined reconciliation and legacy issue, we set out on a journey which ends at this moment, in your Lordships’ House, so my feelings run very deep. Irrespective of the Opposition’s assurance that they will repeal this legislation one day if they are in power, and irrespective of the politics of it all, I speak of the broken hearts, the broken bodies and the irreconcilable issues that face ordinary decent people. I think of the members of the Royal Ulster Constabulary, the Ulster Defence Regiment, the civilians, caught up in this. I think of the work in hospital wards by dedicated doctors and nurses, and I can still hear in my mind the drumbeat of the procession to the grave. I say to the Government: surely, they have brought us not to a crossroads but to the edge of a cliff, and Northern Ireland is tottering at the edge.