Northern Ireland Troubles (Legacy and Reconciliation) Bill

Colum Eastwood Excerpts

2nd reading
Tuesday 24th May 2022 Commons Chamber

[Colum Eastwood (Foyle) (SDLP)]

I will point out one thing at the outset. I am sitting with colleagues from Northern Ireland around me, and while we rarely agree on much—I think they will agree with that—we agree on this. We come at it from different perspectives and we will make different types of speech, but we agree that this piece of legislation goes absolutely against the wishes of the people of Northern Ireland and against the interests of the victims in Northern Ireland. Nobody on these Benches is interested in social media clips or dipping in and out of an issue every couple of months. We have been doing this for a long time; we speak to every single victims group and we try our best to represent them. Some people in this House might not like that, but we will continue to do it.

I have great respect for the Chair of the Select Committee, the hon. Member for North Dorset (Simon Hoare), but he said that there is something in this Bill for everyone. I say this with great respect, but there is nothing in this Bill for the victims and those people who have been left behind by all the perpetrators who destroyed lives and families over many years.

I was interested to hear the comments of the right hon. Member for New Forest East (Dr Lewis). He intimated that we have all been fighting with each other and we need the British Government to come in and sort out the problem for us. That is a fundamental misunderstanding of what happened over many years and many centuries in Northern Ireland. The British Government are no neutral observer in what happened, and they cannot be allowed to make the decisions on behalf of the people of Northern Ireland. We have already agreed how to resolve this issue: it is called the Stormont House agreement. As difficult as that is, as complicated as it has been, that is the only route that has buy-in from all the political parties and two Governments—at least, it used to have.

Before I came into this Chamber, I met for a cup of tea with a man called Michael O’Hare. His sister was called Majella, and she was 12 years old in 1976. She was walking with her friends to the chapel when she was shot twice in the back by a British Army Parachute Regiment member. Michael does not want an amnesty for anybody.

I was reminded of another case in my own constituency by the fantastic and heartfelt speech by the right hon. Member for Skipton and Ripon (Julian Smith), who talked about Patsy Gillespie. The IRA abducted Patsy Gillespie from his house, leaving his wife Kathleen and his family at home. Patsy worked in a British Army base. He was chained to a van full of explosives and forced to drive into that army base on the Buncrana Road in Derry. Patsy was killed along with five British soldiers. The people who carried that out will be freed from any concern as a result of this legislation.

I also wonder about the Ballymurphy families. In August 1971, 11 people were killed by the British Army—by the Parachute Regiment, again. Daniel Teggart was one of the victims. His daughter is called Alice Harper. This is what she had to say recently:

“We identified my daddy by his curly hair. Fourteen times they shot him. The next day they blackened his name and called him a gunman. Two years later, my brother Bernard, with a mental age of nine, was killed by the IRA. We want no amnesty for anyone.”

The Ballymurphy families would never have seen the truth that the world got to see about what happened in Ballymurphy if these proposals had been brought in before the result of that inquest.

We hear that the new system will provide truth for people. Well, Columba McVeigh was 17, from Donaghmore, County Tyrone. He was abducted and killed by the IRA and his body was disappeared. His body has still not been found, despite the fact that the Independent Commission for the Location of Victims’ Remains allows for immunity in these cases. It would have allowed for the IRA to come forward and tell Columba’s family exactly where the body was buried. They have not done that—that is the point.

The idea that this legislation will bring truth to families is absolute nonsense. The pretence from this Government that the legislation is about victims or reconciliation is frankly an out and out lie. This is about politics and a manifesto commitment—about protecting the state, as it always is. It will protect every single perpetrator who committed those crimes in Northern Ireland. I cannot find anybody, apart from Government Members, who believe that this legislation is the way forward. The Queen’s University law school’s model Bill team describe it as unworkable and as breaching international law. Alyson Kilpatrick, the chief human rights commissioner in Northern Ireland, said:

“we are sure that this Bill is substantially, in fact almost certainly fatally, flawed.”

This is an overt attempt to close down access to truth and justice for the victims of our conflict. It rips up the Stormont House agreement—an agreement that people have bought into—and it does not have the support of the parties in Northern Ireland. It has absolutely no support from victims’ groups in Northern Ireland: many have told us in the past few days that they will boycott the processes if they become law.

Others have said that there is no such thing as collusion. I cannot believe that they are still saying that today, given the number of times the police ombudsman has uncovered the fact that there has been collusion in Northern Ireland between the state and paramilitary organisations.

[Johnny Mercer]

Will the hon. Gentleman give way?

[Colum Eastwood]

Do you know what? I won’t.

The Bill is attempting to close down the police ombudsman’s opportunity to investigate issues of the past. I wonder why. It is also closing down access to the civil route for families. What happened last Tuesday? The Secretary of State announced that there would be no new civil cases after that day. Families who had been told that they were supposed to be at the centre of this were running around with their lawyers trying to get access to the courts before they closed that day. That is some way to treat the people who have suffered the most!

It is all right for the rest of us, who are still here and doing quite well out of the peace process. The people who have been left behind have been treated shoddily by this Government as recently as last week. People who have waited decades for an inquest and are now in the queue for one are being told that they will not have any opportunity to get the proper truth. If this is about truth, why are we afraid of inquests? I just do not understand it.

This legislation is riddled with Government overdrive and there is nothing independent about how the organisation will be constituted. There is no meaningful article 2 compliant investigation. Frankly, it is a recipe for impunity.

I have heard reference to Kenova. This Bill is not Kenova. It is nothing like Kenova. Kenova allowed proper judicial processes and proper investigation processes so that families and the rest of us could get access to the truth. South Africa, equally, it is not, and that argument has been well debunked.

The Government are telling us they want to see access to truth. Let me tell the House about two cases I know well. Paul Whitters was 15 years old in 1981. He was shot in the head by a police officer with a plastic bullet. Despite promises from this Government given to me, his file has been closed for a further number of years. Mr Deputy Speaker, do you know when that file will apparently be opened? In 2084. He was 15 years old. In the same year, 1981, the British Army fired a plastic bullet that killed Julie Livingstone, 14 years old, in Lenadoon, west Belfast. Her file will not be opened until 2062.

The Government are telling us that they want truth and access to reconciliation for victims, but every single thing they have done—whether this Bill, the Ballymurphy inquest or the Bloody Sunday inquiry—has been to protect the state, to deny access to truth and to deny access to justice for those people who do not have the same ability to protect themselves. I heard we have a new shiny headquarters in Belfast for the Northern Ireland Office. Victims were standing outside it today, protesting these proposals. They were also in Derry and at Downing Street, because they believe—to a man and woman, in my experience—that these proposals are absolutely wrong. Raymond McCord is in the Public Gallery. He has had to fight against the state and loyalist paramilitaries to try and find truth and justice for his son, Raymond.

The question is, do this Government really care about Raymond and all of those victims, or do they simply care about fulfilling a manifesto commitment, protecting the state and protecting paramilitary killers, because that is exactly what this piece of legislation will do if it is passed?

[Mr Deputy Speaker (Mr Nigel Evans)]

Thank you very much for keeping within the unofficial, but fairly official time limit.