Northern Ireland Troubles (Legacy and Reconciliation) Bill

Conor Burns Excerpts

2nd reading
Tuesday 24th May 2022 Commons Chamber

[Brandon Lewis]

indicated assent.

[The Minister of State, Northern Ireland Office (Conor Burns)]

indicated assent.

[Dr Julian Lewis]

I am glad to see the Secretary of State and the Minister of State nodding, because it is essential that the process stand up to the test.

As I said in my intervention on the hon. Member for Gordon (Richard Thomson), we can do one of two things. We can do what the Opposition parties want, which is to go on investigating cases more or less ad infinitum with very few prosecutions and even fewer convictions, but with a miasma of fear percolating among people who know themselves innocent—particularly those who served with distinction in the armed forces, but feel the sword of vexatious legal persecution hanging over them. We can go on with that process in the almost certainly vain hope of convicting a few more murderers, or we can protect those people, but the only way to protect them is by protecting everyone.

That is what we did in the Northern Ireland (Sentences) Act 1998, so the Labour party, which introduced that Act, has no basis on which to criticise a Bill that proposes exactly the same thing, for the same reason: to put an end to this persecution and, perhaps, to increase the possibility that, through the truth recovery process, families will find out more about what happened to their loved ones. One thing is certain: the families are unlikely ever to see the people who killed their loved ones brought successfully to court. Those people are even less likely to be convicted, and even if they were, they would serve only a few months in jail.

Bereaved families are being asked to make a sacrifice, but they are being asked to make it on behalf of a huge number of former soldiers and others in the security forces who deserve to be protected from vexatious pursuit through the courts. That is what the Bill is intended to achieve.

--- Later in debate ---

[The Minister of State, Northern Ireland Office (Conor Burns)]

It is a pleasure to respond to this debate on behalf of Her Majesty’s Government. It has been a varied, informed and intensely emotional debate, which is only to be expected, given the subject of the Bill. Words matter—they matter more in Northern Ireland than in perhaps any other part of our United Kingdom. Across the House, we all have an obligation to use our words in a measured way when we deal with these very sensitive issues.

I pay tribute to the victims who have been with us in the Chamber today and to the countless others who are not with us today, or not with us any more at all. I also pay tribute to those who served with such courage and bravery in Her Majesty’s armed forces throughout the years of the troubles, during the sectarian violence that came from both sides of the community in Northern Ireland. Above all, let me pay tribute to the people of Northern Ireland—to all the people of Northern Ireland, who always demonstrate such stoicism, generosity, hospitality and warmth, even in the most trying circumstances.

There is no doubt that the proposals that the Government are bringing forward today are controversial. I accept—as I accepted within my first week of returning to the Government when I was asked to go to the Northern Ireland Office—that there is widespread opposition to the proposals in the Bill. I noted at the time, as my right hon. Friend the Secretary of State has acknowledged, that while there was considerable opposition to these proposals, there was not, conversely, a consensus on what the parties in Northern Ireland would like us to do instead. I say to my friends in all parties—and to members of the parties that are not represented physically in this place, either because those people do not take their seats or because they did not gain election—that it would be within the ability of the devolved Government, the Assembly in Northern Ireland, to take these matters forward if that consensus emerged on the ground and if they wished to do it.

[Simon Hoare]

I am encouraged by the consensual tone that my right hon. Friend is striking, and by his search for ways in which to widen the debate. In that spirit—given that he has heard from the hon. Member for Gower (Tonia Antoniazzi) and from the Democratic Unionist party of their strong desire for an extension of the Committee stage on the Floor of the House to allow that wider debate to be had and a wider range of amendments to be tabled—may I advise him to undertake to talk to the business managers about whether we can secure some extra time?

[Conor Burns]

I am grateful to my right hon. Friend, the Chair of the Select Committee, and I shall be saying something about his speech in a moment. We have heard concern expressed on both sides of the House about the amount of time that will be available in Committee. Both the Secretary of State and I are very open to the idea of expanding that, and conversations have already begun with business managers. Subject to their agreement, we would look to provide a little more time—

[Tony Lloyd]

Will the Minister give way?

[Conor Burns]

Will the hon. Gentleman bear with me while I give this commitment?

We would look to try and find more parliamentary time for consideration in Committee, in a spirit of being open to input from Members on both sides of the House. Now I will give way to the hon. Gentleman.

[Tony Lloyd]

I am grateful to the Minister.

Given that the period between First Reading and Second Reading was so short, and given that consultation was virtually non-existent, would Ministers be prepared to refer the Bill to the Select Committee, or some other forum, for prelegislative scrutiny? I think that that would move us on a little bit.

[Conor Burns]

I hear what the hon. Gentleman says, but the timetabling of today’s Second Reading debate was agreed through the usual channels. I must say to him candidly that I do not agree with his points about a lack of engagement. There has been considerable engagement, much of which has been undertaken directly by the Secretary of State and me, often with groups who did not welcome that engagement being publicised. Much of it, of necessity, took place in private, but I assure the hon. Gentleman that in some of the meetings that I attended, the emotion was heard, and heard very clearly, by my right hon. Friend the Secretary of State and me.

We are tackling this, and I think that my right hon. Friend deserves a measure of credit, because it is an intensely difficult and controversial area for any Government to get involved in. That is why successive Governments have left it alone. The fact that my right hon. Friend worked so diligently on these proposals—and, indeed, the flak that has been taken when we have missed deadlines in order to take the time to try to refine and improve the Bill that we were going to bring to the House today—show, I think, that we were listening. I also pay tribute to my right hon. Friend the Prime Minister: the Government he leads will deliver shortly on the language and cultural commitments that they have undertaken.

[Stephen Farry]

I noted the Minister’s claim that the Government had engaged with various victims groups on a private basis. Indeed, there have been media reports that some, allegedly, said something privately that was different from what they have said in public. We all know the main victims groups in Northern Ireland, as do the Government. All of them have made their opposition to these proposals clear in public. Furthermore, they have made it very clear that what they say in public is exactly the same as what they say in private. How does the Minister explain this clear disjoint?

[Conor Burns]

I would describe the “clear disjoint” as not being a clear disjoint, because that was a journalist’s quote which does not reflect what was actually said. Let me also correct a little nuance. I did not say that we were engaging privately; I said that we were engaging in private. We were meeting people who had been victims of terrorism. I myself met victims from republican families in West Belfast—I do not think many Ministers have done this over the years—hosted by the Sinn Féin Member, the hon. Member for Belfast West (Paul Maskey), so it is not true to say that the Secretary of State and I and the member of our ministerial team in the other place—and, indeed, our officials, who have worked so hard on developing these proposals and to whom I pay tribute—have not been listening.

I just want to correct a few points of fact as we begin the closure of this debate. I say gently to the shadow Secretary of State, the hon. Member for Hove (Peter Kyle), on his point about sexual offences that we are very clear that any offences from 1 January 1966 to 10 April 1998 that are not troubles-related can still be investigated by the PSNI and police forces in Great Britain. Troubles-related offences that are not linked to a death or serious injury will not be investigated by this body and will not be subject to the immunity provisions. Only serious and connected troubles-related offences that took place between those dates and that are related to a death or serious injury will be eligible for immunity.

[Peter Kyle]

This is a very serious issue and it would be great to clarify this. The model bill team on Queen’s University Belfast’s committee on the administration of justice, who are experts in this area, have said:

“Unusually for such an immunity scheme, there is no specific prohibition on certain kinds of crime, such as crimes of sexual violence. It would therefore appear that applicants who had been involved in rape and other crimes of sexual violence related to the Troubles, or indeed the covering up of such crimes within paramilitary or state organisations, would be entitled to apply for immunity under this bill.”

So this is not just about serious violence. If people who had committed serious violence and rape applied for immunity, would it apply in these circumstances? Let’s just clear this up.

--- Later in debate ---

[Conor Burns]

The direct answer to that is no. The proper place for us to test some of these questions will be in Committee, rather than on Second Reading, but I am absolutely clear, as is the Secretary of State, that that is not the intention of the Bill and it will not be a consequence of the Bill.

My right hon. Friend the Member for Skipton and Ripon (Julian Smith) made a powerful speech. I can tell him that the commissioner for investigations and designated officers will have the full sweep of police powers in pursuing their investigations and reviews. These are much greater than we have perhaps so far successfully explained. On the independence of the body, which my right hon. Friend also mentioned, the Secretary of State was clear in his opening speech that Her Majesty’s Government will have no role in the operational work of the body. I would welcome working with my right hon. Friend to find ways to make that clearer as we proceed to the Committee stage.

My hon. Friend the Member for Belfast East (Gavin Robinson) raised a point about consideration of other information when considering whether to grant immunity. The judge-led immunity panel is under a duty to take into account other information in possession, and will therefore have to carefully assess conflicting evidence before deciding whether to apply immunity and whether the person applying for that immunity was in fact telling the truth.

The hon. Member for North Down (Stephen Farry) referred to engagement. What is clear is that there is no widespread consensus on this. Even within families there are differences in how people want this to be treated. That is why the role of the families in engaging with this body will be incredibly important to the body exercising its discretion after its formation. The hon. Member was right to say that honest and effective information recovery would be better with the full co-operation of the Governments of the United Kingdom and of the Irish Republic. I have to say without being misunderstood that I do not think we will be requiring information from the Government of the Irish Republic for veterans.

My hon. Friend the Member for North Dorset (Simon Hoare), the Chairman of the Select Committee, talked about the appointment of commissioners. Other than the chief commissioner, the Government have been deliberately opaque in setting out who else should serve on that, and we are very open to ideas and would welcome them.

[Simon Hoare]

Will my right hon. Friend assure me and the House that there is nothing in the Bill that precludes somebody with international status, but who is not a UK citizen, from serving as a commissioner? That would add extra independence, rigour and experience, which would add value to the whole process.

[Conor Burns]

My hon. Friend makes an important point, and he is absolutely right. There is nothing in the Bill that precludes an international person from serving on the body. In fact, it could well be warmly welcomed and add rigour to the body’s credibility, impartiality and independence.

Over the decades, a number of politicians in this House have taken courageous steps to build the peace and stability we enjoy in Northern Ireland today. It was started by Margaret Thatcher with the Anglo-Irish agreement, and John Major built it up. Tony Blair signed the Belfast/Good Friday agreement and David Cameron gave an incredible speech on the publication of the Saville report, which I was privileged to hear in the Chamber. That peace has been hard-fought and hard-won.

Since I rejoined Government in this role, I have visited multiple schools in Northern Ireland in Castlederg, Hillsborough, Armagh, Belfast, Bangor, Craigavon, Saintfield and Newtownards. People questioned why, when education is devolved, I was bothering with schools as a UK Government Minister. I pointed out that kids are not devolved, parents are not devolved and teachers are not devolved. The future of Northern Ireland is in those schools.

Two schools, in particular, stand out in my memory: St Brigid’s College in Derry, in the constituency of the hon. Member for Foyle, and Antrim Grammar School. I visited Antrim Grammar having met a young man at a charity play for the centenary “Our Story in the Making: NI Beyond 100,” which the Northern Ireland Office had the privilege to fund partially. This young man, Chris Campbell, was going into his A-levels, and he was playing Mr Northern Ireland almost 25 years on from the signing of the Belfast/Good Friday agreement—this young man was not even born when Northern Ireland knew the troubles. One line from the play stuck in my mind: “Being divided keeps us united.” When I returned to my primary school in north Belfast, Park Lodge, I was asked—

[Sir Iain Duncan Smith]

I hesitate to distract the Minister from his theatrical memories—he is doing very well—but I would like to take him back to the Bill for a split second. I mean no offence, of course.

If people do not choose to be in the reconciliation process, whatever one feels about tightening up how it works, is it feasible to adjust it so that, if they choose the courts or if the courts choose them, they go back to a full-life tariff for committing murder most foul, whoever they are?

[Conor Burns]

It is always a delight to be silenced by the quiet man. We will have to come back to those matters in Committee, but I hope hon. Members on both sides of the House and the Labour Front Bench are hearing, not least in our determination potentially to find more time to consider these matters in Committee, our openness to good ideas from both sides of the House that could improve the Bill.

[Julian Smith]

Will the Minister commit to having another look at the five-year pipeline of inquests so that the Government can assure anybody who has been promised an inquest that those inquests will actually go ahead?

[Conor Burns]

That is certainly something that we will happily take a look at. There is no proposal even in the Bill to bring down the curtain immediately on inquests that are under way. For the sake of finding consensus, my right hon. Friend the Secretary of State and I would be more than happy to look at reasonable suggestions.

[Johnny Mercer]

I of course welcome the Minister saying from the Dispatch Box that he will look at x, y and z. Does he understand and does the Northern Ireland Office understand that we have to go further and over-compensate for a past that has failed victims? Families do not have confidence and we must commit to a level of transparency and openness. I know that my right hon. Friends the Minister of State and Secretary of State want to do that, but we need to make that commitment from the Dispatch Box, because we have to bring these families with us.

[Conor Burns]

I agree with my hon. Friend that we have to build on the bits of the current framework that are working, but I accept as I know my hon. Friend will concede, that much of it is not working or delivering for victims.

[Sir Jeffrey M. Donaldson]

A moment ago the Minister mentioned the word “consensus”. If in the Committee stage there is cross-party support from Northern Ireland on key changes to the Bill, will the Government commit to taking heed of the voices of those of us who represent the people of Northern Ireland?

[Conor Burns]

Given that we are not at this moment negotiating another confidence and supply arrangement, I do not intend to write the right hon. Gentleman a blank cheque from this Dispatch Box, but I will say in the spirit of co-operation and consensus that, if agreement can be reached on ways in which the proposals can be improved, my right hon. Friend the Secretary of State and I and the Government more widely will absolutely look at them.

[Sir Mike Penning]

Will my right hon. Friend give way?

[Conor Burns]

No, I am going to conclude.

The Northern Ireland that I was born into 50 years ago this year was a place with an atmosphere of violence and conflict that was powerful and overwhelming. Such was that society that when I moved to England to a little village in Hertfordshire called Wheathampstead I told my mother as an eight-year-old boy that I did not feel safe. When she asked me why, I said that the police did not have guns and the Army were not on the streets. That was the normalised Northern Ireland of those days. Thank God those days are behind us.

On the formation of the Northern Ireland Office, Willie Whitelaw was appointed Secretary of State. He went on his first evening in post to speak to a Conservative gathering in Harrow. It is recorded in his memoirs that he said to them:

“I am undertaking the most terrifying, difficult and awesome task. The solution…will only be found in the hearts and minds of men and women.”

Northern Ireland remains a society where facts are contested and divisions are entrenched. We cannot draw a line and we cannot move on. You cannot heal the hurt of human hearts, or the grief of bereaved parents and siblings, but we have a duty to try to find a way not to bequeath this entrenched division to future generations.

In a spirit of partnership, co-operation and compromise, let us head to the Bill Committee and use our collective judgment, knowledge and wisdom to improve the proposition that is before the House today. In that spirit, I commend the Bill to the House.

Question put, That the Bill be now read a Second time.