Northern Ireland Troubles (Legacy and Reconciliation) Bill

Carla Lockhart Excerpts

2nd reading
Tuesday 24th May 2022 Commons Chamber

[Carla Lockhart (Upper Bann) (DUP)]

I am very conscious that this debate is most likely being watched by victims and survivors in Northern Ireland as well as those based here on the mainland. I am conscious of how painful this is for them—the hurt and the trauma inflicted and, indeed, the sense of betrayal brought about by this Bill. I make no apology for stating that it is those innocent victims of terrorism who are front and centre in how I and my party approach dealing with the past. The past is still their present. They paid the greatest price. They did not choose to pay that price; it was inflicted on them by the bomb and the bullet, by the evil, wicked hand of terrorism. All they seek in return for the price paid is justice, and for the perpetrator to be held to account for their deathly actions. While the widow and her young family stood at the graveside mourning the loss of the innocent husband and father, they craved the moment when the terrorist stands in the dock facing justice. As time has passed, that ray of hope has grown dimmer, but remained. Today, the Government are extinguishing that hope.

As a party, we have consistently applied a number of tests to any proposal around legacy. The tests are that there remains the opportunity for justice for victims, that there is no amnesty and that any process is fair and balanced. What we have before us today in the form of this Bill fails all three tests. As far back as the Belfast agreement, the DUP opposed the reduction in tariff for terrorist-related offences to a maximum of two years. We found such leniency towards those guilty of some of the most heinous crimes imaginable to be a perversion of justice, yet what this Bill proposes is even worse, for there is no custodial sentence whatsoever in these proposals, only a period on licence. To the on-the-runs’ letters of comfort, add the freedom pass. How utterly repugnant.

We know how the process will work. In reality, a terrorist could come forward and tell whatever tale he or she contrives. With no new evidence and on the balance of probabilities, some will get the reward of an amnesty for their tall tale. I am yet to decide if it is naive or simply duplicitous of the Government to suggest the Bill will help to address the legacy of the past: to do that, surely truth must mean something. For Sinn Féin, “truth” means concealing as much as it can about IRA terrorism. When Martin McGuinness, an IRA godfather with the blood of many innocents dripping from his hands, appeared before the Saville inquiry, he stated that his IRA oath curtailed what he could say. He said, and the Government should take note:

“I feel I cannot answer that question because there is a Republican code of honour. For me to identify who these people are would be a betrayal, in my view. To do so would have been a gross act of betrayal. I have a duty, in my view, stretching back 30 years, to those people and I am not prepared to break my word to them under any circumstances.”

Despicable.

Let me raise one other issue in relation to our brave armed forces, who stood against those intent on death and destruction. We have seen the imbalance in resources and in the ferocity with which answers have been sought in instances involving our armed forces, compared with terrorism. It is not that long ago that I stood outside a Belfast courthouse with the hon. Member for Plymouth, Moor View (Johnny Mercer) and the late Dennis Hutchings, who was chased to his grave by those intent on the vexatious prosecution of soldiers. Dennis, like others, was placed in that position in rural Ulster not through choice, but in response to a situation foisted upon our land. This country and this House put our young men and women in an incredibly dangerous position and, as part of their operational duties, they had to make very difficult operational decisions, sometimes with tragic outcomes. It is appalling that they should then be subject to the full rigour of criminal investigation, as proposed by the Bill. Furthermore, it is scandalous that should a soldier tell his story and it not be completely corroborated by documentary evidence, the burden of proof for the soldier is much higher than for the terrorist whom he was sent to defeat.

It was William Gladstone who famously said:

“Justice delayed is justice denied”.

However, the Bill is much worse. It is justice denied and justice destroyed.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Carla Lockhart Excerpts

Committee stage
Wednesday 29th June 2022 Commons Chamber

[Mr Gregory Campbell]

It is a pleasure to follow my hon. Friend the Member for North Antrim (Ian Paisley). The issues surrounding this Bill, I suppose, can be traced back to 1994—rather than to 1998, as many people allude to unrepentantly over and again—because that was when paramilitary groups decided, in various ways, to call it a day. Those who had inflicted pain, misery and mayhem on all of us in Northern Ireland said that the game was up and that terror was going to finish. Political negotiations then came about. Four years later, unfortunately, terror was then legitimised. Those were the unfortunate origins of where we are today. We might try to rehearse history or to rewrite it, as others have tried to do, but that is what happened.

We then had a period of diminishing violence. All of us tried to come to terms with what we hoped would be a much better future. I fully understand, accept and share the view that many have on the Conservative Benches: that the problem now is that IRA terrorists, by and large, are not pursued, but there are the soldiers and former police officers caught in very difficult circumstances who, in many instances, had a split second to decide whether their lives were at risk or to take action to try to preserve an innocent life by taking someone else’s—a split second to decide whether a person was a threat to themselves or to their colleagues. Therein lies the difficulty.

Again, I fully understand the views of Conservative Members, especially those who have served, who say that we have to try to draw a line under this, and that this Bill is a way of doing that. Several Conservative Members have alluded to, for example, the late Dennis Hutchings. His case would, I believe, have collapsed, as did those of Soldier F and several others. There are different reasons for each case, but the underlying reason is that the passage of time has meant that even where the Public Prosecution Service thinks there is a possibility of a successful prosecution, it finds that for a variety of reasons it is not able to bring it to a successful conclusion, no matter how much it presses.

The passage of time has occurred and people’s memories are dimmed, and it is almost impossible to get an accurate recollection of what happened on a particular day. For example, I was on the city streets of Londonderry on the very day of Bloody Sunday. I have a reasonably clear recollection of what happened, even though I was a very young teenager at the time, but I could not give a second-by-second, minute-by-minute account of everything that happened on that day. I do remember that three days before two police officers had been gunned down with a machine gun. We will never know whether it was the same machine gun that the Saville inquiry said Martin McGuinness held on Bloody Sunday.

We come to the point now of assessing whether the Bill—even with some of the amendments that we hope, if passed, would make it a less bad Bill—will draw a line under what is happening. My view is that it is unlikely to do so. There are many people in Northern Ireland and a whole range of victims. Some have moved on, while some find it difficult to move on. Some have come to terms with the loss of loved ones, while others continue to grieve. What they all know is that even before this Bill is considered, there is very little likelihood of any successful prosecution.

The problem the Bill presents is that, if it is passed—even in slightly amended form—it slams shut the possibility of any potential prosecution or any justice ever being brought to bear on the cases involving loved ones. For that reason, my colleagues and I will be opposing the Bill.

[Carla Lockhart (Upper Bann) (DUP)]

Like other Northern Irish Members, I live among so many people who, through no fault of their own, are victims of terrorism. Those victims have approached me, while going about their daily business, to express how hurt they are by the Bill and how it extinguishes that glimmer of hope of any form of justice—although they know all too well that justice has already been grossly perverted in Northern Ireland.

We table our amendments in recognition that the Bill is likely to be made law. It will never be good law; it will always be fundamentally flawed and will always represent injustice and pain. However, it can be made to be better law, and we urge hon. Members to give serious consideration to what we believe are measured, constructive and victim-focused amendments. My hon. Friend the Member for Belfast East (Gavin Robinson) has eloquently outlined the rationale for the amendments in our names and the names of our colleagues, and I wish to reiterate some of the thinking behind some of the amendments.

Much of the public cynicism, certainly within the victim’s community, is based on the belief that if someone is willing to put a gun to a person’s head and take their life, lying about their actions will not disturb their moral compass. Amendment 97 would offer some form of recourse for lying to the panel. It is also, we believe, appropriate that such cases at the very least be directed to the Public Prosecution Service. If this process is to have any semblance of credibility, surely the Committee will agree that making a mockery of the process should come with an appropriate penalty.

We must also consider the situation of those who have deliberately evaded justice. That is our rationale for amendments 96, 98 and 99. The DUP utterly rejects the idea of immunity for any terrorist, but the Bill needs to offer specific provision for cases where those terrorists fled from justice. Whether they have scuttled off to the safe haven of the Irish Republic, the United States or elsewhere, those subject to active proceedings should not be afforded immunity. The thought of such individuals being welcomed through airport terminals by cheering crowds, to be embraced as heroes by leading figures of Sinn Féin, makes me sick to the pit of my stomach, as did similar images at the release of terrorists following the Belfast agreement. To permit such circumstances through this Bill would be wholly wrong. We therefore ask the Committee to support our amendment that addresses that salient point.

Amendments 100, 101, 102 and 199 relate to the whole issue of immunity. My party has always opposed immunity, for one reason—it is wrong. On Second Reading, my hon. Friend the Member for Strangford (Jim Shannon) gave numerous examples of terrorist atrocities in a very personal and moving contribution. His story is the story of so many people in Northern Ireland, and indeed here in Great Britain. How anyone could listen to that account of loss, pain and suffering and believe that immunity for the perpetrator is acceptable is beyond comprehension. Members across the Committee seem to think the situation is justified by saying, “It is not perfect and we don’t like it, but we have no other option.” Yet there is always one option, and that is to do what is right. Victims want this Committee to do what is right.

I cannot close my contribution any more powerfully than by using the words of two victims of IRA terror. I urge Members to give their ear to these voices—to listen to these broken hearts speak. Abbie Graham lost her father, Constable John Graham, and Louie Johnston lost his father, Reserve Constable David Johnston, when they were shot dead while on foot patrol in Lurgan in my constituency of Upper Bann on 16 June 1997. Abbie and Louie were aged seven and in primary school when their much-loved fathers were murdered. I urge Members to listen to these words. Abbie says:

“The way the law works is that if the killers were caught and jailed they could only do two years. That would be a formal recognition of the wrong that was done. But if this law was to come in and then someone came forward with the information, it’s too late.”

Louie Johnston states:

“We’re 25 years on from and there are always new forensic opportunities becoming available and always the chance someone will come forward. But if the government is going to remove that opportunity it leaves us without any hope. This was the murder of two fathers who said goodbye to their children on a normal school day, the same thing that was happening in every decent human being’s house.”

He says:

“We need to look at what is right and wrong and take the politics out of all of this. What is happening now is that we are creating a justice system based on a postcode lottery. You can get justice as long as you don’t live in Northern Ireland. This government is burying justice and Boris Johnson and Secretary of State Brandon Lewis are playing the role of undertaker.”

[The Second Deputy Chairman of Ways and Means (Mr Nigel Evans)]

Order. Please do not refer to the Prime Minister by name.

--- Later in debate ---

[Carla Lockhart]

My apologies, Mr Evans. The Prime Minister and the Secretary of State are playing the role of undertaker. Louie went on:

“How can you say to someone that if their loved one was killed before April 1998 it doesn’t count? How can people be willing to stand for that?”

That is the question for this Committee: how can anyone be willing to stand for that?

[The Second Deputy Chairman]

I call Jim Shannon, but please resume your seat at either 10 to 7 or before.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Carla Lockhart Excerpts

Committee stage
Monday 4th July 2022 Commons Chamber

[Johnny Mercer]

That is my point: the fact that it got there and those two soldiers went through that process for nine years of their lives from 2005 to 2014. The wife of one the soldiers died during the process. That is why we need this process. A lot of this could have been done better over the years, but we are where we are.

I have a concern that people in Northern Ireland will not engage with the process and that victims and other groups will not come forward. That is a legitimate concern—I can see that campaigns will be run to try to get people not to engage. The only people who will lose out will be the families in Northern Ireland. For some time, they have been taken on journeys that, at times, were unfair on them. That is not a popular thing to repeat given the side of the argument that I come from, but some of the practices have been unfair on them.

Finally, I turn to glorification, and I urge my right hon. Friend the Minister to listen to Opposition Front-Bench Members on that. I know that there are provisions in legislation—[Interruption.] Not about crime but specifically about the glorification of terrorism. We must be very careful that those cowards who got up in the morning to murder women and children for their political aims are given absolutely no opportunities to glorify what they did. We must double down and ensure that there is no gap in legislation where those people could take advantage of their crimes.

[Carla Lockhart (Upper Bann) (DUP)]

Will the hon. Member support the amendment on glorification this evening?

[Johnny Mercer]

As I understand it, conversations are ongoing about how that objective can be achieved—[Interruption.] No, it is not as simple as that. I have been a Minister and seen amendments that, on the face of it, looked like they would improve a Bill, but the reality is that certain things cannot be done because of how other legislation bumps up against them. Legislation must to be crafted in the correct way. As I understand it, Ministers are looking at that with the Opposition and they will ensure that there is no gap in the legislation that allows for terrorism to be glorified.

I have sat through all the speeches and every minute of the Bill’s passage, and I am afraid that I repeatedly hear things that are not true. We all have a responsibility to deal with this issue not as though we are speaking to our home crowd but as it actually is. If not, ultimately, the people who will lose out are families, victims and veterans. For me, they have always been at the heart of the debate, and I hope that we can continue to hold them there as we progress.

--- Later in debate ---

[Stephen Farry]

I will be generous in accepting what the Minister says about his intentions, but we have to be honest and say that the nature of how we got here has, in many respects, been extremely bad and flawed, which hampers that aspiration. Who knows, people may well engage with the process in due course, but at the moment there is a lot of suspicion around it and people do not feel that it will address the needs of their families.

That brings me to the wider concern around the use of the term “reconciliation” and how it could well be used to almost legitimise the process around immunity—or, as many people see it, a de facto amnesty. There is an expectation that down the line many measures in this legislation could be challenged through the courts, including the European Court of Human Rights, which is not part of the European Union, as we keep saying. The key piece of case law in this respect is Marguš v. Croatia. The broader lesson I take from European law, and wider international law, on this is that there is a general tendency to move away from the concept of immunity or amnesty. It might well have been in vogue at certain times in the 1980s or ’90s, but it is certainly not in vogue in the contemporary approach to the issue of justice in conflict societies or divided societies.

If there is to be a chance of immunity getting some degree of acceptance or being seen as legitimate, it would need at the very least to meet one of two tests: the process would either have to be agreed as part of an overarching peace process or agreed subsequently by the key stakeholders and other parties in the society. Where we have a Government unilaterally imposing an outcome on Northern Ireland, it is hard to see how either of those tests could be met if we found ourselves in a legal challenge down the line.

My second broad point relates to civil cases, which have been mentioned by other hon. Members. I am not going to labour this point, but I want to stress that the notion of an arbitrary cut-off is incredibly unjust, particularly when it is linked to the timing of the Bill’s First Reading. Many people simply did not have the opportunity to lodge the papers they were working on at the time. Some people were able to lodge papers and some solicitors were able to act very quickly, but others were not, which creates a hierarchy in what happens in those civil cases.

In a similar light, we have touched on the inquests themselves. These proposals go back to my dear friend the Lord Chief Justice back in 2016. The process was not fully formulated until 2019, but we now have the prospect of some cases being taken through to conclusion and others being arbitrarily dropped because they are not at a so-called advanced stage when this legislation becomes active. I think this will create a real sense of grievance among families, particularly when they have been given hope of seeing their loved one’s case go through that process.

Although the Minister referred to the ICRIR potentially providing a process that encompasses legacy inquests, the reality has to be clearly understood. The level of interrogation that will take place as the ICRIR looks towards the immunity process is nothing close to the coronial system’s interrogation of evidence. They are fundamentally different concepts, so the fear is that the interrogation will be lost.

The Minister referred to the six months, nine months or a year before the knife falls and said that people can get on with it, which belies the reality in two respects. First, there is not the resourcing to accelerate the process any faster. Obviously, we would like to see more resources, which is something the Government could deliver.

Secondly, we have to acknowledge that the Government have not always been as co-operative as perhaps they could have been—I put it as diplomatically as I can—in how these inquests were taken forward. People express frustration that the Ballymurphy inquest only reached its conclusion 50 years after the event, but there were many battles beneath the surface, particularly with the Ministry of Defence, on co-operation. Things could have happened a lot quicker. In that respect, there are still ongoing battles and disputes on full Government co-operation with these inquests. If they are genuine about accelerating the process, they should reflect on that.

Finally on inquests, beyond what has been set out by the Lord Chief Justice of Northern Ireland, if this Bill is passed, any inquest anywhere in these islands in relation to what happened in the past will be cut off, but there may well be circumstances in which those inquiries should take place.

The oral history, memorialisation and academic research is an important aspect of the legacy process that perhaps does not get the same attention as others, but it has always been regarded as a core element. In some respects, it could stand on its own two feet but, in practice, it is tied to what happens with the other institutions as part of the wider legacy framework.

Although I certainly trust the academics who would or could be involved in this process to do a great job, we have to recognise that a number of hurdles will be set in their path. One of those hurdles is the power of the Secretary of State to make appointments. I believe the appointments should be delegated to another body so there is no perception of political interference.

There also has to be a concern that the evidence to the ICRIR will be piecemeal. There are fears about both ends of the process. First, there is a fear that the perpetrators themselves will not be incentivised to engage with the process until the knock on their door is about to happen and they feel a self-interest to do so. A very select group of people will come forward in that respect. Secondly, which families will engage with the process? Again, it may be a very select group, so the evidence base may be piecemeal. There are also issues with the documentary evidence that comes forward and whether it will be properly opened up. There is scepticism or cynicism about how effective that will be. Again, this evidence may well be partial and piecemeal.

It is worth sticking with this process, even if it is outside the Bill. We have to learn important lessons and listen to the practitioners from Northern Ireland, such as Dr Anna Bryson from Queen’s University Belfast and others, who have expressed concern about how this has been set up.

It is my intention to support both the amendments on which the Labour party seeks to divide the Committee, and both the DUP amendments, too.

[Carla Lockhart]

The Government and the Committee are very aware of my party’s reasons for opposing this Bill, as so eloquently outlined by my right hon. Friend the Member for East Antrim (Sammy Wilson) and my hon. Friend the Member for Belfast East (Gavin Robinson).

This Bill, at its core, is about injustice, evading justice and denying justice, which makes it very, very wrong. Through amendment 107, we seek to ensure that those who engage with the panel and receive immunity will, at least, have their crime considered if they are in the dock for a post-1998 offence. Surely this is a fair ask. Surely this Committee and the Government acknowledge that, by not agreeing to this amendment, they would be erasing the past from our legal process.

If a terrorist is granted immunity for carrying out a murder and commits murder again, he or she ought to be considered for sentencing by the court in the knowledge that he or she has clearly shown neither rehabilitation nor regrets for the act of taking a life. He or she should therefore be sentenced as such.

New clause 4 and amendment 120 touch on the issue of glorification, and they would be a vital addition to this Bill. We tabled these amendments with victims at the forefront of our mind and because we desire a society in which glorification of terrorism is not seen as normal, and in which those who planted bombs and killed men, women and children are not venerated as some kind of heroes.

I sometimes wonder how many Members are aware of the perverse activity of some of our elected representatives in Northern Ireland and how they regularly glorify terrorism. If the Prime Minister or the Leader of the Opposition attended the unveiling of a memorial to three terrorists, it would be headline news and would be raised in this House—there would be a media and press outcry, and their position would be untenable—yet in Northern Ireland the leader of Sinn Féin brazenly attends events celebrating IRA activity. It is a reflection on our society and our media that such activity, in the main, goes unmentioned and, more disturbingly, goes unchallenged.

If an MP from any other party named their constituency office after a terrorist, it would be dealt with by this House, but nothing was done when the Sinn Féin Member for South Down named his constituency office after IRA terrorists.

--- Later in debate ---

[Carla Lockhart]

I thank my right hon. Friend for his intervention and agree entirely with what he is saying. It is abhorrent that this House funds an office that is a cold house to all members of the constituency that that individual represents. Every day, it retraumatises the victims of the terrorists after whom that office is named. I raised this point in this House in an Adjournment debate and have consistently raised it with Mr Speaker and a number of Ministers, asking them to take action. I will continue to do so until we have that dealt with appropriately. If we are to educate our future generations about the futility and evils of terrorism, we need to ensure it is never sanitised and never celebrated. That is why we ask Members to accept our amendment.

[Ian Paisley (North Antrim) (DUP)]

Amendment 107 is, of course, about addressing whether serious offences should be excluded, for example murders that occurred after 1998. Would it not be appalling if the people who murdered two soldiers at Massereene barracks in the South Antrim constituency and seriously wounded two civilians in the same gun attack walked away free if the case ever came again before a court? Surely that is not what this Bill should be doing.

[Carla Lockhart]

My hon. Friend makes a powerful point. It is well made and has been noted.

New clause 4 seeks to ensure that terrorists receiving immunity cannot proceed to laud their evil activities; it is about ensuring that the book deals do not follow, and the fundraising tours and storytelling events cannot happen. Vitally, it is about protecting victims, for whom such events cause huge hurt and distress. The terrorists gave no thought to the victims and survivors before they made them such, and the activities of terrorists and their political proxies to this day show that they still have no regard for victims and the trauma they continue to inflict upon them. This Bill would be plunged to even deeper depths of moral despondency if it were to facilitate the further glorification of terrorism by those granted immunity in this process. I hope the Government will consider whether this is an outcome they would allow in England and, when they answer that question, act accordingly to amend this Bill to eradicate this extolling of evil in Northern Ireland.

Let me touch briefly on new clause 5, which stands in my name and those of my colleagues. The Bill is lacking in many areas, but it certainly lacks in the whole sphere of the revocation of immunity. It is vital that this Bill does provide for situations where new evidence emerges showing that condition B in clause 18 was not met because the terrorist has lied. It is not beyond the realms of possibility that such instances will occur, given the types of people we are dealing with. Let us not forget that for many years senior members of the IRA have denied ever being members of the IRA; the truth is very much secondary to the cause. The granting of immunity is in itself abhorrent, but just how abhorrent would it be if someone had been granted immunity on the back of a tall tale and then the appropriate mechanism was not in place to revoke that ill-gotten immunity on the back of new evidence? This must be addressed, and we ask that the Government consider it carefully.

My hon. Friend the Member for Belfast East covered our other amendments in his contribution, passionately setting out why we believe they can at least make the Bill more robust. I reiterate his remarks, especially on the need to cut off at the pass any idea that immunity will give terrorists a platform to revel in their deeds and inflict more pain on victims who are already hurting so much because of this Bill.

[Tony Lloyd]

Let me begin by saying that this is an astonishingly important Bill and this is an incredibly incompetent way for this House of Commons to deal with it: to have had two days, in which we have been unable to get into the detail of the Bill, is frankly no way to deal with legislation of this import. The Minister is making valiant attempts to move a little with the mood of the Committee, but he must realise that we have not had the opportunity to get into the level of detail that we ought to on a Bill of this import.

I establish that because, interestingly, people from every party represented from Northern Ireland have spoken, at one stage or another, strongly against what this Bill seeks to do and indeed against individual parts of the Bill. That reflects the mood not only of victims and victims’ groups—I have talked to many of those over the years—but the opinion across the piece of the north of Ireland. It is important that we establish that because one problem with that the position is that it plays into different parties’ existing concerns. We have heard DUP Members say that they see this as a get out of jail free card for those who committed acts of terrorism, and I understand why. Those from the nationalist community will see this, again, as simply another attempt to gloss over the action of the state and the collusion that took place. In that context, the real danger is that rather than being something that moves us towards reconciliation, the Bill will establishes in people the rectitude of their own views of the injustice of the situation. That is very, very dangerous.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Carla Lockhart Excerpts

Consideration of Lords amendments
Tuesday 18th July 2023 Commons Chamber

I stress again to the Government that, even at the eleventh hour, they should please rethink this Bill. There is a different way of doing it. We have not had a chance to consider properly the Stormont House agreement. The Northern Ireland Office did a consultation on it many years ago, and there was a basis for taking it forward, but the Government did a handbrake turn back in 2021 and looked at doing things entirely differently. I ask please that that process be given a chance. It holds the confidence not just of the political parties, but of the vast majority of the victims in Northern Ireland.

[Carla Lockhart (Upper Bann) (DUP)]

I rise to oppose this legislation in the strongest possible terms and to speak on behalf of the many innocent victims of terror in Northern Ireland, for whom this Bill has caused great distress and anguish. As I was leaving Northern Ireland this morning, the real-life story—it has already been mentioned in this place—of Louie Johnston was booming out on the radio. Louie was the son of a police officer murdered in my constituency. Louie was seven years old when his daddy was killed by IRA criminals because he wore the uniform of the Royal Ulster Constabulary. I encourage all Members to google Louie’s news article today and see the picture of him walking behind his dad’s coffin, a broken child. It was one of the most powerful pictures of the troubles. His dad, David Johnston, along with his RUC colleague, John Graham, were shot dead while on foot patrol in Lurgan. When he was told of his father’s death, he said, “Why would anyone want to kill my daddy?” He asked today for us to show some empathy, and he asked whether we believe it is morally right to take away his avenue to justice. It is on those comments that I make my remarks today.

It speaks volumes that not one victims’ group endorses this legislation. It is a sad reflection that this Government today choose to ignore Louie’s call and the calls of the many who represent innocent victims. This House, I trust, will forgive me for labouring the point about the hurt and the lasting legacy of the troubles on their lives. They have physical and emotional scars that will never heal, and those are made worse when people sound out or imply that it is time to move on and draw a line in the sand. They feel that is code for, “Forget about the victims, and forget about what happened.”

[Sammy Wilson (East Antrim) (DUP)]

Does my hon. Friend also think that we are talking not just about the legacy of the past and the hurt that that has caused, but about the impression left on young people today when they see that the state will grant immunity to people who have carried out some of the most horrible crimes, deeming that to be okay? In other words, someone can commit a crime, and if the political circumstances or whatever are right, there can be no consequences. Does that not eat at the very moral core of society?

[Carla Lockhart]

My right hon. Friend makes such a valid point on the impact the Bill will have on young people and their outlook on these issues. It is unacceptable and does not sit well in our society. Victims in Northern Ireland have already suffered and have to endure the fact that, because of the Belfast agreement, they can meet the perpetrators of some of these acts walking down the street or in the supermarket. They live with the continual flaunting and glorification of terrorism by someone who claims to be the First Minister for all and who has said there was no alternative. Indeed, the Member for Belfast North (John Finucane)—a Member of this House—recently showed his true colours in that regard as well. In the face of all the sickening actions, the taunting and the re-traumatising, I applaud the fortitude, dedication and determination of innocent victims to fight for such basic concepts as truth and justice. Sadly, those concepts are lost in the Bill.

The other place has sought to make this imperfect Bill less imperfect. I welcome some of the amendments. It is of deep regret that the Government propose to disagree with Lords amendment 44 in relation to immunity. The amendment would have removed from the Bill provisions allowing immunity from trouble-related crimes, which the Democratic Unionist party, and I believe the majority of people in Northern Ireland, support. In my discussions about the Bill with victims’ groups in recent months, I have heard how immunity is what causes the most grievous hurt. Why? It is because it closes the door, erodes victims’ access to redress and draws a moral—or should I say immoral—equivalence between blood-thirsty terrorists and public servants. Quite frankly, it weakens our entire criminal justice system throughout the world. I find it most remarkable that the Government should endorse such a move. The decision is repugnant not just for its perversion of justice, which we in the UK claim to value, but for the trauma and hurt that it inflicts on innocent victims.

I turn to the motion to disagree with Lords amendment 20. Every family deserves the ultimate hope of a full and fair investigation into the circumstances of a loved one’s death. Such an investigation should be subject to the highest standards. The amendment would have established minimum criminal justice standards for a review along the lines of Operation Kenova following expressed fears of watered-down investigations. The commissioner should be under a duty to ensure that an article 2-compliant investigation either has been carried out or will be carried out. Is that too much to ask? It is difficult to come to any conclusions other than that the commissioner for investigations will be able only to comply with obligations imposed by the Human Rights Act 1998 to the extent dictated by the authority and resources granted to that office holder under the Act. The restriction of criminal enforcement actions is such that even if the independent commission for reconciliation and information recovery refers all conduct to the Public Prosecution Service, much of that material will be admissible. Compliance with fundamental rights needs to be a cross-cutting safeguard in how troubles cases are dealt with. Irrespective of whether an investigation is at least partially the granting of immunity to perpetrators, its value is diminished.

The Government, by erasing the other place’s amendment to the Bill, simply fail to acknowledge the rights of victims in terms of the standards of an investigation. However, that is only one part of the jigsaw. For victims, it is equally important to have their day in court and the prospect of conviction and custodial sentences to grant some form of closure as it is to have a proper investigation. The Bill fails in those respects.

The Government’s objection to Lords amendment 20 will remove the requirement for a Kenova-standard investigation from the Bill. The Government, through their amendment, seem to want to provide an assurance, irrespective of whether a commissioner decides a criminal investigation is to take place as part of a review, that all the circumstances of a death, including potential offences, will be looked into. I am sorry, but there would appear to be a huge gulf between carrying out a historical investigation that gathers and explores as much information as possible in relation to a death or harmful conduct and the Government’s suggestion simply to look into that.

We oppose the Bill because we believe in justice and in holding fast to hope for those who paid the biggest price for our troubled past. The Bill will lead not to reconciliation but to greater distress, distrust and disillusionment among victims that they matter to this Government. We stand with those victims.

[Jim Shannon]

I am pleased to speak in this debate and to put forward the desires of the people of Strangford in this place, and also my own family. [Interruption.] Sometimes when you are at the end your emotions get you, and they have got me today. Fifty years ago, my cousin was murdered. He was the light of our family, a good man with a good heart who loved his family and his community. My aunt was robbed of the opportunity to see him have the joy of his own children and grandchildren, and I was robbed of my childhood hero and friend. [Interruption.] The perpetrators were never brought to justice—all three of them.