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.