Northern Ireland Troubles (Legacy and Reconciliation) Bill

Claire Hanna Excerpts

2nd reading
Tuesday 24th May 2022 Commons Chamber

[Jerome Mayhew (Broadland) (Con)]

For far too long, for my life and beyond, Northern Ireland, the Republic and Great Britain have been scarred by the legacy of violence. History has been politicised and the truth has too often remained hidden.

The damage is not historical. It continues. For families desperate to know the truth about what happened to their loved ones, the current adversarial litigation system is an abject failure. We need only look at the success rates: despite decades of information gathering and hundreds of millions of pounds spent in legal aid, it has been overwhelmingly unsuccessful in bringing prosecutions and even less successful in securing convictions.

We have talked a lot this evening about justice—the hope of justice, access to justice, the rule of law—but justice is only a word unless it brings results. With the passage of time and the complexities of Northern Ireland, I am afraid that justice has become just that—a word. The only winners are the lawyers.

The system is failing communities, who are unable to have their experiences of the troubles properly heard and recorded. Feelings of isolation, disempowerment and conflict persist. And yes, the system is failing veterans, who, despite the near-universal failure of litigation, continue to live under its threatening shadow into their 70s and 80s. We have heard from my right hon. Friend the Member for New Forest East (Dr Lewis) that the process of litigation, not the result, has now become the punishment.

All those people have been and continue to be failed by the current system, so for my part I welcome the Government’s proposals to end adversarial legal proceedings as the route to truth finding. An independent commission for reconciliation and information recovery does have the potential to be more effective and will rightly focus on all deaths and serious injuries, not just those brought into the litigation process—too often as a mechanism for extending division rather than achieving resolution and reconciliation. We need to remember in this House that of the 3,500 people who have been killed in the troubles, 370 were killed by members of the security services. Overwhelmingly, it is the evidence of former terrorists—republican and Unionist—that the families and others so desperately need to hear.

For reconciliation to take place, the truth must be supplied by every actor in this tragedy. The UK Government will provide a statutory requirement for state bodies to provide full disclosure to the commission, and I welcome that, but that transparency and openness need to be the approach of all actors, not just of the United Kingdom Government.

Linking engagement and co-operation with the commission to the possibility of immunity from prosecution could create an important incentive to unlock some of the shameful untold stories of the troubles, each one of which has the potential to provide answers to a grieving family. However, I also recognise the suggestion, in the speech of my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), that there may be an opportunity to improve the Bill by making full prosecution the alternative to not co-operating. We should properly explore that as we seek to improve the Bill.

The same approach must also be adopted by the Irish Government. Last year they made a commitment to establishing their own information recovery scheme, but what has happened to that? Families deserve to know the truth about what happened south of the border just as much as north of it. Imperfect as the Bill may be, I still welcome it. I hope that the initial positioning in response to its publication quickly gives way to collaborative working towards a shared vision that inspires it. My greatest concern relates to the consultation process prior to the Bill’s publication. I hope that the ministerial team will engage fully with Members in this House across the divide and take on board their feedback during the legislative process.

As we have heard time and again today, the status quo is broken. I commend the Government for grasping this nettle. I hope that we work collectively to improve this Bill in Committee.

[Claire Hanna (Belfast South) (SDLP)]

rose—

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call Jim Shannon.

--- Later in debate ---

[Claire Hanna (Belfast South) (SDLP)]

The legacy of the conflict is like a fog all around us. It affects politics in the everyday, and throughout this afternoon we have had a few glimpses of stories. Hon. Members will know that every time we meet a group or read a book, we hear a heartbreaking story that we have not heard before. Each one was a senseless loss that changed the futures and the lives of the families involved. Each of them is deserving of justice.

It is understandable that people say that we need to move on. Nobody wants to move on more than victims and survivors, but the Bill and the approach to legacy over recent years will not let them do so. It is blandly declared to be about reconciliation, but it will be a barrier to truth and reconciliation. It pretends to be about truth and reconciliation, but it will be difficult for people to shake the belief that—as with other major challenges facing us in Northern Ireland—it owes a lot more to placating parts of the Conservative party than it does to a good-faith attempt to get information for victims and survivors, and to aid societal healing.

In the face of opposition from every victims group, academics, legal experts and international commentators, and without the express consent of any political party in Northern Ireland, it is an act of institutional hostility for the Government to present the legislation as a fait accompli without the normal engagement. It is unwanted and unworkable. Ensuring the success of any legacy initiative requires independence—it is crucial to credibility —but unfortunately the Government are not independent on legacy. State actors and agencies were party to the conflict, and many of their personnel were perpetrators. While many served faithfully and to the best of their ability, some colluded with paramilitaries.

In direct conflict with the Stormont House agreement, the Bill places expansive and extravagant powers in the hands of the Secretary of State and a Government who are not trusted by a large number of the peoples in Northern Ireland. The Bill explicitly overrides devolution: senior personnel will be appointed to the new body by the NIO and the Secretary of State; rules on immunity will be made by the Secretary of State; national security and other vetoes, which for many years have been used as thwarting mechanisms, will be in the hands and at the whim of the Secretary of State; and those responsible for oral history will be in the hands of the Secretary of State, as will the budget. The purpose is to embed the control of the Secretary of State over the narrative and the outcomes.

The Command Paper in 2020 was an explicit amnesty, and this is the same thing, but in a less explicit way. It is clear to everybody what it is. The approach is structured to make it routine and fool-proof for perpetrators to get amnesty, which must be granted where a person has provided an account that is true to the best of their knowledge. That is a subjective test, and there is no test proposed of the actual truth of a perpetrator’s account. The perpetrator knows that the amnesty is available and must be granted if they assert that what they say is true. There need never be any word about those who called the shots.

The claim that prosecutions may follow for those who do not take part rings hollow when no new investigative body or pathway for prosecution will be created. The ability of the DPP to pursue prosecutions is theoretical, because if the Bill is passed the DPP will not be able to pursue prosecutions. Members have glibly referenced accusations not being proven in court, but it will not be possible to prove them in court if the Bill becomes law. Members also mentioned South Africa, but this is so far removed from what happened in South Africa, where victims provided impact statements and could be present, along with their lawyers who could cross-examine applicants. It is not even clear in the Bill that victims’ families will be notified if an amnesty is granted.

However much Members do not want certain offences to be in the Bill, it is clear that sexual violence will be covered by the amnesty. We know that people conducted and covered up systematic sexual abuse in paramilitary organisations, and they too will be eligible for immunity under the Bill. It is clear to everybody who the Bill is for. It is not for the people who have carried the weight of the conflict for decades: it is for the people who have the most to hide.

In the autumn just passed, I was part of a delegation of TDs, Senators and MPs who, under the Oireachtas’s Good Friday Committee, met a variety of different victims and survivors one afternoon. We discussed a range of issues, and one thing that came out organically in a number of conversations was a pattern in how the trauma of bereaved people is compounded through the denigration of the victims by those who killed them. The daughters and sons of people murdered by the British Army in Ballymurphy in 1971 told us about the marginalisation and shame that they faced for many years as allegedly the daughters and sons of IRA men and women. Paul Gallagher, who was paralysed aged 21 when the Ulster Freedom Fighters took over his home to murder his neighbour, suffered the further indignity of the man believed to be responsible for that shooting saying that he shot him because he was a provo. He said that those words hurt more than the six bullets that entered his body in 1994.

Columba McVeigh was a teenage boy who was disappeared by the IRA, and his family still have not been allowed the basic dignity of a body to bury. He was made a non-person by allegations that he was a collaborator—allegations by an organisation that we now know was riddled with informants and which thought that that was an acceptable thing to do to a teenage boy. The Bill waves through immunity for each of those killers, and people really need to give their heads a wobble if they think that those perpetrators will just go quietly and not use their new get-out-of-jail-free passes to firm up their self-serving versions of the past. As my hon. Friend the Member for Foyle (Colum Eastwood) explained clearly, we have an example from the Independent Commission for the Location of Victims’ Remains, which was established in 1999 to give some comfort to families left without a body to bury. Despite immunity and the process being risk-free, only half of such cases have been solved.

Alongside the amnesty, the Bill pulls down the shutters on the alternative pathways to justice and the existing patchwork of mechanisms for dealing with the past. As I said, the architecture has not been put in place to do it properly, and it has been weakened by a refusal to implement judgments of the European Court of Human Rights and by delays in provision, but it seems that even those piecemeal provisions have brought forward too much truth for some people.

The Secretary of State’s arbitrary diktat on claims last Tuesday forced dozens of families to try to race to issue proceedings and washed away years of good law and practice. That casual statement, not even made to the House—it was a written statement—drove yet another coach and horses through the process, and families who had been given promises by the legal system are now thwarted because they are placed in a queue over which they have no control. Inquiries and inquests are far from an ideal method of dealing with these issues, but they have been delivering some outcomes for families and wider society. Government Members have used Operation Kenova and Jon Boutcher as some sort of an amulet in defence of the Bill, but those inquiries and inquests have advanced huge amounts of information to families about the IRA cover-up machine.

Members have mentioned inquests. In my constituency, we had the Sean Graham bookmakers killing, when loyalist paramilitaries killed five Catholic civilians. It later emerged that one of the weapons used was part of a shipment organised by a military intelligence agent, and another weapon handed into a barracks elsewhere in the constituency was ultimately handed back to those paramilitaries. That information had not been disclosed before. There is the issue of a cycle of reinvestigations, but this had not been investigated properly in the first place—many victims never spoke to a police officer—so that is why issues come back up.

Oral history and the exploration of themes and patterns will also be mangled if the Bill becomes law. We are clear that there is not a pathway to justice for absolutely every family, but oral history has been a way of giving voice to victims and survivors, capturing some of the complexities of the conflict and understanding its deep and tangled roots. However, the Bill denigrates that approach and uses it as window dressing for what is actually impunity. Will those who have waited for decades and had the shutters pulled down now be sent to the library to read about people who have been hand-picked by the Secretary of State to tell their stories?

Members have cynically used the failure of successive Governments over decades to address this issue as an excuse to now “get Northern Ireland done”, but it is a consistent and recorded frustration of the SDLP that the needs of those who suffered the most have not been addressed, while perpetrators and politicians have gone on to a very bright future. In every single negotiation, absolutely every time—there have been five or six over the last 20 years—the offering and the outcomes for victims and survivors have been watered down. Everybody knows the Stormont House agreement was not perfect, but it was an international bilateral arrangement and it had the support of most of the parties—I think all the parties—in this House. That is no mean feat, but it has not been delivered because it has not been actioned and has not been allowed to be delivered.

Instead, the Bill and this interference in the justice system undermine the rule of law and block all pathways to truth and reconciliation. Deliberate fiction is being created today that this is about reconciliation. It is clear that that is hollow. The message is going out today not that anybody who has used violence for their political ends will ever have to be held to account, but that after a number of decades, if they did that in a uniform or in a paramilitary organisation the record will be wiped clean in a few years. That is an awful message to send to families and an awful message to send into the future in our turbulent part of the world.

The hon. Member for North Antrim (Ian Paisley) referenced “Derry Girls”, which is not a sentence I ever thought I would say. That very moving episode did show how living and breathing the values of the Good Friday agreement are for all of us. As Erin and Michelle said, none of this stuff is easy, but just because it is not easy is not a reason. We cannot keep closing the door to truth. Every conflict around the world will show that the truth will out. People need to understand that it is not going to go away. The Bill will not let victims and survivors to move on. I urge the House to change it.