Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Colum Eastwood and Peter Kyle

Committee stage
Wednesday 29th June 2022 Commons Chamber

[Peter Kyle]

At the risk of rehearsing the Second Reading debate again, the concern we have always had is that those who served our country so bravely during the troubles are subjected to the same legislation as those who committed acts of terror. They should not be treated the same way, because they are not the same and the motives were not the same. Those are the difficulties and troubles we have had with the approach to this Bill, but these points will be ventilated elsewhere.

[Colum Eastwood]

We have heard already that many of these events were a long time ago. Well, in August 1971 Kathleen Thompson, a mother of six, was shot by the British Army. Today, in 2022, they finally got the result of an inquest that proved that that shooting was unjustified. Under these proposals, no other family would be entitled to get that truth and justice—it would be barred. They would not get access to the inquest process. Whatever people may say about things being a long time ago, we have a case today proving that inquests work, that they get truth for families and that families who have had to suffer and argue and debate and campaign for 50 years can get at least some truth out of this process. This Government want to bar that. Does the hon. Gentleman recognise that?

[Peter Kyle]

Yes, of course. I am very grateful to the hon. Gentleman for putting that on record and bringing in the experiences of families, many of whom will be watching the proceedings today from home. It is very important that those experiences are brought into this.

As I said at the start of Second Reading, we approached the Bill hoping that we could shape it and that there would be ways of really improving it. For many victims of the troubles, particularly from the early troubles era, the passage of time may mean that this is their last chance for a piece of legislation that can deliver the truth and justice that they deserve. That is why we have, from the outset, tried very hard to engage with Government. Only because the voice of victims has been so fundamentally shut out of the process did we decide that this was simply not good enough for them and they need support.

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[Peter Kyle]

I have spoken to Jonathan Powell, who is, of course, always worth listening to on such issues. The hon. Gentleman says that Jonathan Powell endorses the plans, but I do not think that he endorses the Bill wholesale; he has concerns too. Like Tony Blair and others who participated in the lead-up to and signing of the Good Friday agreement, he is desperately keen for progress. They also recognise that not everybody can be satisfied by the Bill, but I think that more people can be satisfied by it than is currently the case—that is what we aspire to.

Most importantly, the Government need to listen when people tell them that they have got it wrong. In recent weeks, Ministers have gone to great lengths to highlight the necessity of cross-community support in Northern Ireland when it comes to the protocol, yet the Bill has achieved cross-community opposition. The Government cannot have it both ways: either consent matters or it does not.

Since Second Reading, the Northern Ireland Affairs Committee has held evidence sessions. People whom the Government should have consulted on the Bill prior to its publication have had to say that, regrettably, it just does not work. That includes the Northern Ireland Human Rights Commission and the Northern Ireland victims commissioner. That would force most Governments to reconsider their proposals to address such a sensitive issue, and to look at amendments that could be brought forward to address any concerns. We have seen none of that, however. The Government’s reckless single-mindedness shows its face again.

The Government must be aware that the lack of real prelegislative scrutiny and consultation, and the Bill’s rushed journey from publication to Second Reading, undermines its ultimate aims. The process has damaged trust in the investigative body before it has even been established. Alyson Kilpatrick, the chief commissioner of the Northern Ireland Human Rights Commission, does not believe that the Bill can be made compatible with our human rights commitments. On 7 June, she told the Northern Ireland Affairs Committee:

“I am very sorry to say, because I want to be constructive, that I certainly cannot see a way in which this Bill can be made compatible when taken as a whole. One cannot simply pick out bits and pieces. You have to see it in the context of the whole Bill, what led up to it and the absence of any democratic accountability, public support or political support for it.”

I also put on the record the words of David Clements, whose father was an RUC reserve constable serving in the station at Ballygawley, County Tyrone, in 1985. He was off duty with a colleague and was opening the security gates when IRA gunmen stepped out from the shadows and shot both of them in the head. As David’s father lay dead, the gun was taken from his body. Three years later, three other men were murdered with it. David has actively supported victims and survivors over many years since his father’s murder. About the Bill, he said:

“No one was ever charged for my father’s murder—though I have some reasons to believe that at least some of those responsible for his death were later themselves killed in Troubles related shootings. I recognise that discovering the whole truth about my father’s murder and anyone ever being held to account may now be almost impossible, but what I find hard to swallow is for this process to legislate that slim hope into an…impossibility”.

There is a real fear among victims that the Bill will not deliver them information.

[Colum Eastwood]

A lot has been said today about closure. The Government have said that they have engaged and listened—I think that was the word—to victims. I know that the shadow Secretary of State has engaged with victims, as have all of us on this side. Can he tell us if he has met any victim who has told him that they support the Bill or that it will give them closure?

[Peter Kyle]

I have met victims via their representative bodies and organisations, and directly, on every visit I have made to Northern Ireland since I had the privilege of being appointed to this job in early December. I have not had the opportunity to hear any one of them support the Bill as it is. I have also never met a victim who believes that they are going to get all of the justice that they want. Victims recognise that they will not get everything that they would in an ideal world and they know that the passage of time has changed what is practicable in delivering justice, but they know there are investigative methods that they have a right to expect and they know that there is a right to keep the full judicial process at least on the table as an opportunity should the threshold be met. They also know that the broad agreement there has been in Stormont House has been disbanded and ignored by the current method, and they know that they have been let down over time, with trauma heaped on trauma.

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[Colum Eastwood]

rose—

[Peter Kyle]

I give way first to the Minister.

[Peter Kyle]

I am grateful for the Minister’s sentiments. After we listened to the esteemed and senior Chair of the Northern Ireland Affairs Committee—the hon. Member for North Dorset (Simon Hoare), who is from the Minister’s party—I think we got to where we should be aiming for. Other senior Members of this place are nodding along in agreement. In that spirit, I look forward to any conversations that we might have around this place after the Minister and I have finished our opening remarks.

[Colum Eastwood]

It is lovely to hear all this agreement. In my view, the pressure is on the Government. It has been made very clear to us—the hon. Member for Belfast East (Gavin Robinson) drew this out—that it is very unlikely that we will even get a Report stage. We have an amendment on the Order Paper. Members should be forced to vote for it.

[Peter Kyle]

I do not think I could have been stronger in what I said. If needs be, we will vote on the amendment tonight, but if the Government do not oppose it, there will be no vote. Let us see where this takes us; we will find out pretty shortly.