Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Brandon Lewis and Julian Lewis

2nd reading
Tuesday 24th May 2022 Commons Chamber

[Dr Julian Lewis (New Forest East) (Con)]

I think I heard my name in the list the Secretary of State read out earlier.

As early as April 2017, the Select Committee on Defence recommended a statute of limitation combined with a truth recovery process. One reason we felt able to recommend this is that the Northern Ireland (Sentences) Act 1998 meant that no one, no matter how many murders they had committed, could face a jail sentence of longer than two years, which meant being released in one year or 18 months at most. So there is no question of punishment fitting the crime, and there is no question of it not being the same for service personnel and terrorists—the Act has already established that—so the question is, what will stop the process, because the process of trying elderly veterans is the punishment, rather than the sentence.

[Brandon Lewis]

My right hon. Friend makes an important point. I am very aware that the Defence Committee has published two reports in this area, and they are well worth reading. They recognise the changes that mean the criminal justice system for these cases is not like the criminal justice system for other types of crime across the United Kingdom. The reality is that, after the Belfast/Good Friday agreement, we had the 1998 Act and decommissioning, among other things that I will touch on in a moment, and it means that we in Government are looking at what we can do, based on the reality of where we are, with a very difficult and imperfect situation that has developed through difficult decisions made in the past, to deliver a better outcome in the future.

It is also about understanding that, regrettably, a distorted narrative of the past has developed over time. This legislation will help to ensure that more victims and survivors, some 90% of whom are of course victims of terrorist violence, are able to obtain answers about those who caused it.

--- Later in debate ---

[Dr Lewis]

That is absolutely right. It is all about protecting innocent service personnel from the vexatious use of the legal process. As I said in my intervention on the Secretary of State, it is not the punishment, but the process; indeed, the process is the punishment.

In the Defence Committee’s inquiry, we were fortunate to discuss with four eminent professors the applicability of the statute of limitations. Of course, I do not attribute my views to any of them, but I record the then Committee’s gratitude to Professor Sands, Professor Rowe, Professor McEvoy and Professor Ekins. They made it very clear that any statute of limitations had to apply to everybody or to nobody; there could be no legislating for state impunity.

The professors also made it clear that international law required not a prosecution, but an adequate investigation, and that that requirement could be met by a truth recovery process. The one concession that I make to those who have been criticising the Bill is that the Government need to be absolutely sure that the truth recovery process that they propose will stand up to that test in international law.

[Brandon Lewis]

indicated assent.

Legacy of Northern Ireland’s Past

Debate between Brandon Lewis and Julian Lewis

Wednesday 14th July 2021 Commons Chamber

[Brandon Lewis]

The hon. Member for Slough (Mr Dhesi) has just demonstrated that he has paid no real attention to what we have been talking about, and is clearly not up to speed with what we have been discussing with parties, victims groups and veterans in relation to these proposals. I suggest that he has a look at the Command Paper, because quite the opposite is true. The very fact that those victims have not been able to get to the truth is the issue with which we need to deal, and it is why the information recovery part of this is so important. I suggest that the hon. Gentleman looks carefully at the Command Paper and also looks at what I said in my opening statement, which he should have done before standing up and making a comment that was so far from the truth that it almost did not bear answering.

[Dr Julian Lewis (New Forest East) (Con)]

Does my right hon. Friend accept that these proposals are practically identical to those presented by the Defence Committee in its report of April 2017? Does he accept that the time will never come when there will be agreement between all parties, and that it is up to the Government to decide what they are going to do and do it? Does he accept that the vexatious pursuit of soldiers cannot be stopped without a statute of limitations, and that a statute of limitations to conform with international law cannot be selective? Finally, does he accept that a truth recovery mechanism fulfils the requirement of international law for a proper inquiry, and that that is the only way in which people will be likely to reveal what happened—when they no longer have to fear prosecution, which would in any case almost certainly fail?

[Brandon Lewis]

My right hon. Friend has huge expertise and experience in these matters. The Select Committee report is indeed very clear, and goes into great detail about how this can work. My right hon. Friend is also absolutely right—which should surprise none of us—in his understanding of why the information recovery, truth and reconciliation part of this is so important. Not only is it the means for us to move Northern Ireland forward, but—here I return to what I said at the beginning of my statement—it is the means to ensure that what we do is compliant with human rights and article 2. To that end, we need to ensure that the information recovery mechanism is very clear, very focused and able to deliver, and, as we know from examples such as Operation Kenova, that can be done.

I thank my right hon. Friend for the expertise and advice that he has been able to provide, in the Committee’s report and subsequently. What he has said is absolutely right.

Oral Answers to Questions

Debate between Brandon Lewis and Julian Lewis

Monday 10th February 2020 Commons Chamber

[The Minister for Security (Brandon Lewis)]

Pre-settled status is granted to people who have not been in the country for five years. By definition, an EU citizen who has been living in the country for five years or more and can evidence that will be granted full settled status. For clarity, according to the most recent set of official figures, I think only five people have been refused status, all on the grounds of criminality.

[Dr Julian Lewis (New Forest East) (Con)]

When a secular psychopath threatens to run amok and kill indiscriminately, we treat him as criminally insane and detain him indefinitely in a high-security psychiatric unit. Why do we not do the same for a religious psychopath who threatens to do exactly the same thing?

Prevent Programme

Debate between Brandon Lewis and Julian Lewis

Wednesday 22nd January 2020 Commons Chamber

[Brandon Lewis]

As I say, the police have withdrawn the document and are reviewing it. I fully respect, and the Government respect, the independence of the police, and those guidance documents are part of their independence. The police produce those documents for their officers in the work that they do, and it is right that we respect that. The Home Secretary and I meet representatives and the leadership of counter-terrorism police and other partners on a weekly basis. We will raise this issue with them, to ensure that they are focused on the importance of getting this right. Those documents are about alerting their officers to all the types of groups and symbols that they may deal with in their day-to-day work. We need to acknowledge the regret that the police have shown over this error of judgment, and the fact that they are reviewing the document.

[Dr Julian Lewis (New Forest East) (Con)]

When the Prevent review takes place, will the Minister ensure that particular attention is given to the intractable problem of proselytising within jails by people who have been jailed for long periods for terrorism offences? They cannot be kept in isolation throughout their long sentences, and if they are not in isolation, there is a danger of them radicalising others. Special attention needs to be given to that problem during the review.

[Brandon Lewis]

My right hon. Friend makes a good point about the challenges within prisons. I will certainly ensure that his comments are taken on board as we go further with the Prevent review, which we will ensure reports back by August.