Northern Ireland: Legacy of the Troubles

Debate between Caroline Nokes and Hilary Benn

Wednesday 4th December 2024 Commons Chamber

[The Secretary of State for Northern Ireland (Hilary Benn)]

With permission, Madam Deputy Speaker, I would like to make a statement on the legacy of the troubles in Northern Ireland. The timing of the statement was chosen so as not to take time away from the Opposition day debates we have just had, while also enabling the Northern Ireland Court of Appeal to be updated today.

Addressing the legacy of the troubles was one of the aims of the Good Friday agreement, but this task remains incomplete. Too many families I have met have had to wait too long to find out what happened to their loved ones. I have found it difficult to listen to their stories about the brutality of the killings, the way some of them were treated afterwards, and the passing of the years without finding answers.

The approach taken to legacy by the last Government was wrong. It was rejected by the Northern Ireland political parties, victims’ groups and the Irish Government, and it was opposed by the Labour party when we were in opposition. Aspects of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 have now been found by the courts to be incompatible with our obligations under the European convention on human rights. This must be remedied, and the Government are committed to repeal and replace that legislation, as set out in our manifesto.

I am today laying a remedial order under the Human Rights Act 1998 to take the first steps to honour that commitment. This order will remedy all of the human rights deficiencies in the legacy Act identified by the Northern Ireland High Court in February in the case of Dillon and others, and one issue from the Court of Appeal judgment in September. Specifically, the order, if adopted by Parliament, will remove all provisions from the Act relating to the immunity scheme, which—let it not be forgotten—would have enabled any of those who perpetrated the most appalling terrorist crimes to seek immunity from prosecution from the Independent Commission for Reconciliation and Information Recovery, although, as many victims’ families recognise, with the passage of time the prospect of successful prosecutions is increasingly unlikely.

The order will also enable all civil proceedings that were prohibited by the legacy Act, including future cases, to proceed. This means that individuals will once again be able to bring troubles-related cases to the civil courts—a basic right denied them by the legacy Act.

In addition to laying this remedial order, I can also announce today that I will introduce primary legislation when parliamentary time allows. This legislation will implement our promise to restore inquests, starting with those that were previously halted by the legacy Act. It will also, in direct response to the Northern Ireland Court of Appeal’s findings, amend the disclosure regime so that it is fair, transparent and, crucially, allows for the greatest possible disclosure of information, following very closely the model for statutory inquiries and other established processes.

We will also ensure that, in specific circumstances—namely, in cases that are unable to proceed as an inquest—the independent commission is able to hold public hearings, take sworn evidence from individuals and ensure that families have effective representation. Although the courts have found the commission be sufficiently independent to conduct article 2 compliant investigations, the confidence of families in its work is paramount, so we will make further changes to reform and strengthen the commission’s independence, powers and accountability. As part of this work, we will consider provisions previously included in the draft Stormont House agreement legislation, as well as learning from the experience of Operation Kenova.

The steps I am outlining today seek to correct the mistakes of the previous Government’s approach, ensure compliance with the ECHR and deliver on what this Government have promised: the removal of conditional immunity; the reinstatement of legacy inquests halted by the legacy Act; restoring civil cases; and reforming ICRIR, while enabling it to continue working on behalf of the growing number of families who have already sought its help.

The many conversations that I have had with interested parties in recent months have been invaluable in the development of this approach. I will now undertake further discussions on specific measures to be included in primary legislation so that, together with the remedial order, the Government fulfil our commitment to repeal and replace the legacy Act. This will include families, victims and survivors groups, Northern Ireland parties, civil society and the veterans community, recognising the dedicated service of the vast majority of police officers, members of the armed forces and the security services who did so much to keep the people of Northern Ireland safe during the troubles. I want to take the opportunity to reassure the House that the Government are committed to ensuring that veterans receive the right welfare and, where appropriate, legal support.

I will, of course, also continue to have detailed discussions with the Irish Government, who, as co-guarantors of the Good Friday agreement, are an essential partner in this process. I hope that the UK and Irish Governments will be able to agree a way forward that is underpinned by the principles set out in the Stormont House agreement.

I am sure that everyone recognises that, as time passes and families grow older, we need to get on with enabling them to obtain the information, accountability and acknowledgement that they have long sought. In parallel, the Government also need to set out the grounds for appeal on elements of the Court of Appeal judgment. As I have said, the Government will use primary legislation to respond directly to a number of the Court of Appeal’s findings on disclosure. However, the primacy of the Executive in decisions relating to the security of the state is a principle long recognised by UK courts and is a crucial element of our ability to keep people safe. For this reason, we will appeal the Court’s specific finding relating to the Secretary of State’s power to preclude the disclosure of sensitive information in circumstances where such disclosure would prejudice the national security interests of the United Kingdom.

Furthermore, the Court’s findings relating to effective next-of-kin participation in cases that would otherwise be inquests raise issues that could reach far beyond the scope of the legacy Act. It is important that the Government seek legal clarity from the Supreme Court, and that is why we have decided that the Government must seek to appeal on this particular issue as well. The Government will also pursue an appeal in relation to the findings on article 2 of the Windsor framework, for reasons I set out in my written ministerial statement of 29 July.

I would like to say as clearly as possible that these decisions on appeal are to address wider concerns and their potential impact far beyond the legacy Act and Northern Ireland. They will not slow down our efforts to seek agreement and bring forward legacy legislation so that the ICRIR, which has begun its work, can demonstrate its capacity to assist victims and families.

Finally, what is all this for? It is to ensure that families who have lost loved ones—families who above all should be in our hearts and minds today—can finally learn what happened. Nothing will ever ease the pain that they endure to this day, but we must hope that society in Northern Ireland, which has come such a long way since 1998, can begin to heal the terrible wounds of the past and look to a better future. I commend this statement to the House.

[Madam Deputy Speaker (Caroline Nokes)]

I call shadow Secretary of State.

--- Later in debate ---

[Hilary Benn]

The hon. Gentleman has no reason to apologise to anybody, because he has just demonstrated what I said in my statement about the pain that endures to this day on the part of families who have lost dearly loved family members. The way that he put his question, and the emotion that he was not afraid to show—I think he had no control over it; of course not, because this is how we feel when we reflect on these terrible incidents. He mentioned one of those killings, and here we are in December, which is a particularly difficult time of year. There are a number of anniversaries, and we are approaching Christmas, when we feel the loss of loved ones so greatly.

We have to work together as hard as we can to provide—if it is possible, because it may not be possible in all cases—the means through which the families can get some answers about what happened. But in the end, each family has to come to terms with the loss that they have endured in their own way. I cannot think of anything that is more difficult to do, but we need to stand with them every step of the way. I stand with the hon. Gentleman—he is my hon. Friend—in saying that.

[Madam Deputy Speaker]

I thank the Secretary of State both for coming to the House to give his statement and, indeed, for the timing of it; it is hugely appreciated.

Leaving the EU: Rights of EU Citizens

Debate between Caroline Nokes and Hilary Benn

Monday 5th November 2018 Commons Chamber

[Caroline Nokes]

UK Visas and Immigration is already on-boarding significantly increased numbers of caseworkers for the European Economic Area casework that will flow through from the settled status scheme. It is important that individuals are given as easy a journey as possible through the process and, to date, 95% of those who have completed the settled status process have found it easy to do so. My right hon. Friend makes an important point, however. We want to be in a position to support individuals through the process, and to have a “computer says yes” attitude rather than a “computer says no” attitude. People will only have to demonstrate that they have been in the UK, which will in many cases be done best by sharing HMRC records with the Home Office.

[Hilary Benn (Leeds Central) (Lab)]

If the UK leaves the EU in March with no deal, and if, as the Minister has told the House this afternoon, employers will not be required to make any additional checks other than asking for an EU passport, she has in effect told the House that free movement will continue after we have left the European Union. Will she now address the question that the Chair of the Select Committee asked her: how long will that situation continue? To many of us, it seems that it will have to continue until such time as an application process for settled status is completed, because only at that point will an employer be able to distinguish between someone who has settled status and someone who arrived the previous day carrying an EU passport.

[Caroline Nokes]

As my right hon. Friend the Home Secretary indicated, we are seeking a sensible transition period that will enable the Home Office to ensure that these cases can be caseworked. The Prime Minister has been very clear that free movement will end—[Interruption.] We will in due course set out the future immigration system, which will enable there to be further clarity.

EU Settlement Scheme

Debate between Caroline Nokes and Hilary Benn

Thursday 21st June 2018 Commons Chamber

[Caroline Nokes]

Since coming into this role, I have had the opportunity to engage with a range of ambassadors from across the EU. I will certainly continue to do so. I am very conscious that a significant part of this is about communications. We have already started our communications plan, but that will ramp up significantly over the course of the next few months. It is crucial that EU communities, wherever they live in the country, have the opportunity to know what the scheme is about and to understand it. Today, I have published an op-ed piece in a Polish newspaper. There will continue to be significant engagement with foreign newspapers.

[Hilary Benn (Leeds Central) (Lab)]

I thank officials from the Home Office and the Department for Exiting the European Union for briefing members of the Exiting the European Union Committee last week on how the arrangements were being developed. Will the Minister confirm that the Government’s offer of settled status will apply to the 3 million-plus EU citizens in all circumstances? If, heaven forbid, no deal were reached, will those citizens who have already been granted settled status, under the roll-out timetable that the Minister has reported to the House today, keep it? Will the Government keep the scheme open to all the rest who have not yet applied, so they can remain in the United Kingdom even if there were no deal?

[Caroline Nokes]

The right hon. Gentleman raises an important issue. I commend the work of the many Select Committees who have sought over the past six months to summon me before them, including his own. We are not anticipating failure. That is an important part of this: we have confidence that there will be a deal. We have reached an agreement with the EU guaranteeing the rights of EU citizens living in the UK and of UK nationals living in the EU, and we do not expect that issue to be reopened. I take very seriously the commitment we have made to those EU citizens and I regard that as absolutely of prime importance.

Oral Answers to Questions

Debate between Caroline Nokes and Hilary Benn

Monday 4th June 2018 Commons Chamber

[Caroline Nokes]

I thank my hon. Friend for her question. She makes a really important point. I am conscious that it is not only about NHS trusts seeking to bring in doctors from overseas; there are also a number in training and at university who are seeking to gain employment opportunities here. She will have heard the comments of my right hon. Friend the Home Secretary.

[Hilary Benn (Leeds Central) (Lab)]

Some Iraqi Kurds who applied for asylum in the UK in Saddam’s time did so under false names because they were terrified of what would happen to them if they were sent back. It appears that some of them, having been granted asylum, are now having their British passports withdrawn simply because they have told the Home Office what their real name is. Does the Home Secretary think that that is fair?