Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Conor Burns and Bob Stewart

Committee stage
Monday 4th July 2022 Commons Chamber

[Conor Burns]

I think we need to make some progress. We have talked about this extensively, and the Bill will move now beyond this place to the other place, and then we will have an opportunity. [Interruption.] We do not need any facetious remarks from my hon. Friend the Member for Bridgwater and West Somerset (Mr Liddell-Grainger). We are dealing with very serious matters indeed.

The hon. Member for Foyle (Colum Eastwood), the leader of the Social Democratic and Labour party, said that unless we investigate properly, we will never get to the truth. The point is that the commission will have full police powers and will be able to carry out article 2 compliant investigations. It has the power to compel witnesses. In response to something else that was said, it has the power to arrest and detain under clause 6(3). It has the right to use biometrics, but the primary purpose of these investigations will be to get information to the families.

Amendment 114 and new clause 2, tabled by the shadow Secretary of State, the hon. Member for Hove (Peter Kyle) regard individuals profiting from the conduct for which they received immunity and the point around glorification. It is our view that the Terrorism Act 2006 already makes it illegal for the encouragement or glorification of terrorism, whether in the past, future or generally. Nothing in this Bill will prevent the prosecution of individuals deemed to have committed an offence under the 2006 Act, and it is incorrect to say that an individual gaining immunity through this body for a specific troubles-related event would then have immunity if they went on to commit a separate offence under the 2006 Act. It is very clear that section 1(3)(a) refers to any act that

“glorifies the commission or preparation (whether in the past, in the future or generally) of such acts”.

That is clearly an offence under the law of the land, unaffected by the legislation before the House tonight.

We have had two days of intense scrutiny of the legislation so far. My right hon. Friend the Secretary of State and I have shown a willingness, a determination and a desire from the Front Bench to engage with parties across Northern Ireland. I accept absolutely that there are deep reservations about the Bill, but we have been clear in legislating that we will listen, and we are open to constructive ideas that improve the potential for this Bill to have a positive impact on the people of Northern Ireland. I note that there was some criticism at the beginning that we were not giving sufficient time for scrutiny in Committee, and I note that we look likely not to use the allocated time in full tonight. I thank the Committee for the courtesy and intelligence of the debates we have had.

[Bob Stewart]

I thank the Minister for allowing me to intervene. May I remind the House that actually, although we have not talked about it much, some of our soldiers who served in Northern Ireland, and who have repeatedly been dragged back to court, will sleep easier in their beds as a result of this Bill? Although I totally understand that people are really unhappy about aspects, that is one good thing about this Bill, which I fully support.

[Conor Burns]

My right hon. and gallant Friend makes an important point, and it might be the appropriate point on which to conclude the Committee’s examination of the Bill today. Thousands of people, like my right hon. Friend, served on the streets of Northern Ireland. They served with honour, and we express our deep gratitude to all of them and to the families of those who lost their lives. They were there on the streets of Northern Ireland, trying to uphold law and order as the IRA and others waged a vicious, evil, indefensible campaign of terrorism within Northern Ireland and within our United Kingdom. I hope that the measures in this Bill, when this body is up and running, will help the people of Northern Ireland put those dark, dark days firmly in the past and point the way to a reconciled, inclusive Northern Ireland that is focused on the future and delivering for the young people of Northern Ireland that bright, generous, optimistic, reconciled future for Northern Ireland.

Question put and agreed to.

Clause 33 accordingly ordered to stand part of the Bill.

Clause 34

Grant of immunity: prohibition of criminal enforcement action

Amendment proposed: 114, page 27, line 19, at end insert—

‘(2A) But enforcement action may be taken against P to prevent P from seeking to profit from their conduct in relation to that offence (see section (Grant of immunity: criminal memoirs etc).’—(Peter Kyle.)

This paving amendment is linked to NC2 which is intended to prevent a person who is granted immunity under this Act from profiting from the conduct which they received immunity for.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Conor Burns and Bob Stewart

Committee stage
Wednesday 29th June 2022 Commons Chamber

[Conor Burns]

I absolutely join my right hon. Friend in paying tribute to Members of parties from across Northern Ireland, who speak so eloquently and passionately for those they were elected to serve. The one thing that unites us across the Chamber is a determination—even if we disagree about the means—to try to do the right

thing for the people of Northern Ireland, who it is our pleasure and obligation to serve.

If I may, I want to come specifically to some of the amendments discussed at various points this afternoon. My hon. Friend the Member for North Dorset (Simon Hoare) and the shadow Secretary of State raised questions about the independence of the commissioner. We are absolutely clear that central to the effective delivery of this legislation is the need for the body to be independent and to carry out robust investigations and reviews. We see the merits of requiring the ICRIR to provide a copy of its annual report to Parliament and to the Northern Ireland Assembly, and we will take that away and consider it further.

On my hon. Friend’s suggestion that one of the commissioners should be someone of international experience, we certainly see advantages in that. We do not necessarily see an advantage in writing that into the Bill, but it is certainly something the Secretary of State will bear in mind when we get to the point of appointment.

On amendments 111 and 112, tabled by the shadow Secretary of State, the commissioner for investigations will be a senior individual with significant experience in conducting criminal investigations and the authority to conduct the commission’s investigative processes as they see fit. There was some conversation about the difference in scope between an inquiry, a review and an investigation. The term “review” represents the scope of the investigative process that can take place. If the body is required to fulfil an article 2 obligation, it can conduct an appropriate investigative process to do so. In other circumstances, a different approach will be required and the commission will have to be flexible in order to do that.

I do not see the hon. Member for Birmingham, Yardley (Jess Phillips) in her place, but she talked about the very tragic circumstances in Birmingham and public inquiries. Just to be absolutely clear, the role and power of the commission is comparable to a public inquiry. It will be led by a judicial figure, as chief commissioner, and the investigative process will be supported by full state disclosure. We have continually made the point that we will be passing across state documentation for the body to consider.

[Bob Stewart]

When the ICRIR meets and gets evidence, and perhaps gets evidence of the identity of some person who has committed a heinous crime, can the Minister guarantee that the name of that person, who may well then get immunity from prosecution in some way, is made public so that those poor people who have lost someone will actually know who has killed their next of kin?

[Conor Burns]

I am afraid that the answer to my right hon. Friend is conditional. That will be a matter for the panel itself to determine, and it will have all the evidence at its disposal to make the appropriate judgment. In reference to what I said a moment ago about passing over state records, we will obviously have to take precautionary measures to make sure that we do not jeopardise named individuals who may have been involved in different things where their naming could put them at risk of significant harm.

Just to clarify the question from the hon. Member for Foyle (Colum Eastwood) about the keeping of evidence, biometrics will be destroyed a reasonable period after the end of an inquiry, but all the records given to the body by other bodies will of course be retained, because they will be with the bodies—the police and others—that supplied the information to the body in the first place.

In response to amendment 83, we think the definition of close family member provided in schedule 3 to the Bill casts a significantly wide net as to who may request an investigation and a review into the death of a loved one. The legislation’s primary focus is on effective information recovery. The ICRIR will conduct investigations for the purposes of providing answers for those who want them. To be absolutely clear, individuals who have moved to a jurisdiction outside the United Kingdom and are subject to ongoing prosecution proceedings initiated prior to the entry into force of this legislation by a UK prosecutor for a troubles-related offence will be unable to avail themselves of immunity in the scope of the Bill before the Committee today.

There was some mention of concern about the glorification of terrorism and granting immunity for those who could go on to glorify terrorism in their communities. The Terrorism Act 2006 already makes it illegal for the encouragement or glorification of terrorism, whether in the past, in the future or generally. Nothing in the Bill would prevent the prosecution of individuals who are deemed to have committed an offence under the Terrorism Act 2006. The Bill is an ambitious attempt to try to move society in Northern Ireland forward. The role of the Committee today, and the role of the other place in days to come, will hopefully improve the Bill further, as we seek to steer it through to the statute book. I commend it to the Committee.

Public Prosecution Service and Legacy in Northern Ireland

Debate between Conor Burns and Bob Stewart

Thursday 13th January 2022 Commons Chamber

[Conor Burns]

My right hon. Friend and I have discussed this on a number of occasions and he has robustly questioned the Secretary of State. Let me give him a very honest answer to the question about the legislation’s being delayed and coverage of an alleged private briefing by the Secretary of State. That is categorically not correct. As far as I am aware, there has been no briefing from the Northern Ireland Office to the press about a delay to the Bill, and I have not been in any conversation in the Department with the Secretary of State or officials, or in any meeting in the NIO, where we have discussed delaying the Bill until after the Assembly elections or, indeed, any association between this proposed legislation and the timeline to the Assembly elections in May. That is not true.

[Bob Stewart (Beckenham) (Con)]

If there is going to be a delay, which there clearly is, can we know the reason why? Let us know, as people who are interested. My right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) and I both served in Northern Ireland—I did over three years there, so I would really like to see this sorted out before I die.

[Conor Burns]

To give my right hon. Friend an assurance that this will be resolved before he dies would require advance information from on high that unfortunately is not available to me. I hope he will have a long life and that he will see the Bill introduced and become law in good time.

The Government published the Command Paper mentioned by my hon. Friend the Member for Plymouth, Moor View in July. I joined the Government in September. There was a large amount of feedback on that Command Paper and there has been a massive amount of engagement. The delay is to ensure that we get this right and that it not only achieves the Government’s objective to provide the necessary protections to those who served so courageously in Northern Ireland, but is also a measure that will advance the agenda of reconciliation and cross-community understanding in Northern Ireland.