Northern Ireland Troubles: Legacy and Reconciliation

Calvin Bailey Excerpts

Wednesday 21st January 2026 Commons Chamber

[David Davis]

That is part of what my hon. and gallant Friend the Member for Spelthorne (Lincoln Jopp) was describing earlier about trying to rewrite history. This goes right to the core of what the Secretary of State has already done. We know that he has promised Mairead Kelly that there will be a coroner’s inquest for Loughgall. Why? Because her brother, Patrick Kelly, was killed at Loughgall. He was a victim, except he had killed at least five other people previously, including two UDR officers. He and his gang of eight were attempting to blow up—well, they were not attempting; they did blow up the police station, with soldiers and policemen inside. It was a 400 lb bomb, and they had heavy weapons, G36s—my hon. and gallant Friend will recognise them—to shoot through the walls and kill policemen. If we want to see the rewriting of history, Kelly’s family have already attempted to rewrite history, claiming that at Loughgall he

“went out to blow up, not to kill”,

despite his long and bloody track record proving otherwise. He obviously designed a bomb that only hits bricks, not people.

I do not aim to make light of this, because it is incredibly serious. As with the 120 cases already mentioned, Kelly’s family have already brought legal action against the Ministry of Defence. They are not the only ones, so let us look at other IRA terrorist “victims” who have brought civil cases. In 2011, Aidan McKeever, the getaway driver at the Clonoe incident in 1992, in which four IRA terrorists were killed, was awarded £75,000 for injuries sustained when fleeing the scene. He is not a victim; he is a terrorist, and he got £75,000. The IRA tried to pretend that it was a killing operation, but the SAS, or the soldiers on the scene—whoever they were—actually gave him first aid to save his life because he had been shot and injured, yet he gets £75,000 from the state. In 2023, the family of Stan Carberry tried to sue the Ministry of Defence for his death in 1972. Carberry, an IRA volunteer, was killed after a soldier returned fire at the vehicle that he was shooting from.

[Mr Calvin Bailey (Leyton and Wanstead) (Lab)]

Will the right hon. Member give way?

[David Davis]

Forgive me but I will not, as I want to get to the end of this. As we know, Gerry Adams is already preparing legal action, challenging the decision to prevent him and others from being compensated for being interned during the troubles.

The surviving IRA terrorists and their families will benefit from what we are doing today. There will be some civil claims brought against IRA killers—the Secretary of State mentioned some of them—but they will be rather special circumstances. Omagh is one of those; I could explain why, but we do not have the time. There will be a few of those, but very few compared with thousands of deaths, tortures and murders. That is largely because Tony Blair and Jonathan Powell accepted, as part of the Good Friday agreement, not to allow decommissioned weapons to be studied for forensic purposes. They also precluded recovered bodies from being examined for forensic purposes. The families of people who have been murdered, where the body has been recovered, are not even allowed to use the bullets in them to see who killed them. That is how this justice works. And, of course, there will be no witnesses to the IRA crimes. The IRA themselves will not give witness, and I am afraid that anybody else will be taking their life in their hands.

I will finish by saying this: today’s remedial order will allow the IRA to further its campaign of rewriting the history of the troubles, portraying our brave soldiers as state-sponsored killers, and falsely representing themselves as victims and heroes, neither of which is true.

--- Later in debate ---

[Mr Calvin Bailey (Leyton and Wanstead) (Lab)]

Today I am going to try to speak as freely as I can about something in which I believe passionately. I will explain why I believe in the principles that underpin the Northern Ireland Troubles Bill, which is why I consider it necessary that we keep working on the specifics during its next phase in Parliament. I will try to explain some of the complexity and emotion, and why I find it despicable that some Members, on both sides of the Chamber, seek to gain political advantage from it. It is for this reason that I will be circumspect about accepting interventions.

I love this country. I am proudly British, and I am prepared to fight and die for the protection of the principles and fundamentals that define this country, the most important of which is the rule of law and the principle that the law is applied evenly to all citizens. These principles and fundamentals have been hard won, most recently during our deconstruction of our post-imperial self from 1945 to the late 1970s and early ’80s. I suggest that some people should reflect on that, because it was a time when our behaviour overseas, and the way that we behaved in places where we had sovereignty and where our legal situation was distinct from the law as exercised at home in the UK, was different.

That is important, because when the UK faced an internal crisis that was similar to the crises that it sought to manage elsewhere, it used military support to the civil authority to address it. In my opinion, it should have declared a state of emergency. Under such a state, the Government can enact powers that they are unable to enact during peacetime, the most important and pertinent of which is the ability to deploy their own military on their own streets in the protection of their own civilians. The issuance of such orders brings with it clear and defined parameters, under which those acting in the supplementary capacity of the police have the right and authority to use legal force on behalf of the state in an attempt to save lives.

That never happened. Instead, it was done through emergency legislation and security powers. What never happened was the creation of a coherent, unified legal framework that was equivalent to that of civilian policing. It is for this reason that those asked to act on behalf of the state have been left in turmoil, because the state inadequately defined the parameters under which its servants would act, and the protections and responsibilities that the state would provide for those actors if they acted in line with the law and the derivations provided to support them in the troubles.

Immunity from prosecution is not something that we are being asked to provide for our police officers. At no point have I heard those arguing for the maintenance of the failed legacy Act say that the police officers of the Royal Ulster Constabulary should be given similar immunity, because the context in which they were asked to act was known and the parameters for doing so were clearly defined. For our soldiers acting as police officers, the parameters were not clearly defined.

I was going to share some of my experiences as a military person and some of the things that have shaped my view of the world, but what I would say—

[Madam Deputy Speaker (Caroline Nokes)]

Order. Unfortunately, the hon. Gentleman has reached the time limit.