Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Conor Burns and Colum Eastwood

Committee stage
Monday 4th July 2022 Commons Chamber

[Conor Burns]

The hon. Gentleman speaks with great emotion and personal connection to these events. I extend again, from this Dispatch Box, my sympathy to him and to all those in Northern Ireland, in Ireland and across these islands who felt the impact of the brutality and evil of events perpetrated in the name of Irish republicanism, and indeed some in the name of loyalism.

The hon. Gentleman mentions matters relating to the Government of the Republic of Ireland. That Government, on behalf of the Irish state, freely entered into commitments that they would have a process for information to be brought forward for people so that we could find out what happened. I absolutely agree with the hon. Gentleman that the proposals in the Bill and the information recovery unit would absolutely be strengthened if the Government of the Republic of Ireland came forward with their own proposals, so that we could deal with the issues across the totality of these islands. I very much hope that the commitment that was undertaken will be delivered by the Irish Government in due course.

[Colum Eastwood (Foyle) (SDLP)]

Will the Minister give way?

[Conor Burns]

I will, but I will not do today what I did last Wednesday, which was to take about 40 interventions and detain the Committee for an hour. I want to set the scene for what our debate today will cover and the scope of the Bill’s clauses and amendments. However, I give way to the leader of the Social Democratic and Labour party.

[Colum Eastwood]

I am grateful. The Minister mentions that the Irish Government made commitments. I absolutely agree that they need to deliver on those commitments, but they were made in the context of the Stormont House agreement. The British Government made commitments as well, but they are now moving miles and miles away from the Stormont House agreement, stopping any opportunity for people to get access to truth and justice, despite what the Minister might say.

[Conor Burns]

We believe that the commitment made by the Government of the Irish Republic was a stand-alone commitment to bring forward their own legislation to have a means of resolving some of the unresolved cases to the benefit of all, to aid the process of information recovery and reconciliation across the island of Ireland and the totality of these islands. We could rehearse—although I do not think that it would be particularly helpful, because the hon. Gentleman and I both know the arguments that would be deployed—why we have come to the conclusion that the process around Stormont House and the bodies that are in place will not, in our judgment, deliver what we seek, which is to help those who want to find out what happened to their loved ones. We have been open in saying that this is a movement beyond Stormont House, because the Government believe that this will be a better way of getting that information and trying to aid the process of reconciliation in Northern Ireland.

The prohibition created by clause 33 will not apply to criminal investigations that are ongoing on the day when the legislation enters into force, where those investigations are being carried out for the purposes of a criminal prosecution commenced before that date. The police will continue to conduct such investigations until the related criminal prosecution has concluded.

Clauses 34, 35 and 36 set out, for those granted immunity, that no criminal enforcement action may be taken against the individual in respect of the serious or connected troubles-related offence or offences for which immunity has been granted, while those who committed crimes should not be able to obtain something for nothing. They will not mean that individuals have immunity for any other serious or connected troubles-related offences in which they may have been involved. Those who do not acknowledge their role in the troubles-related events and incidents will not be granted immunity, and will remain liable to prosecution should sufficient evidence exist or come to light. If immunity is not granted, criminal enforcement action could be taken in respect of the offence. If the commissioner for investigations thinks there is enough evidence that an offence has been committed, the ICRIR can refer a case directly to the relevant UK prosecutor. The ICRIR will be fully equipped with the necessary expertise and full policing powers so that it can carry out robust investigations for the primary purpose of information recovery, as well as being able to refer cases directly to prosecutors if there is evidence of an offence for which someone has not been granted immunity.

Clause 37 contains general and saving provisions applying to troubles-related criminal investigations and prosecutions. Clause 38 and schedules 8 and 9 state that any new civil claim brought on or after the date of the Bill’s introduction will be prohibited once the relevant clauses come into force, two months after Royal Assent. Troubles-related civil claims already filed with the courts before the date of the Bill’s introduction will be allowed to continue. We want to deliver a system that focuses on effective information recovery and reconciliation measures, getting as much information to as many families as possible.

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[Conor Burns]

I say respectfully to the hon. Gentleman that in all these things there has to be a point at which we move to the new process. If we are establishing a new body and we believe that that new body is the right vehicle to bring information to the fore and to incentivise people to come forward, co-operate with it and hand over state information, we have to have such a point. I recognise the challenge of that, but I also recognise that there is an opportunity between now and that body being established for progress to be made. I also say to him that the existing inquests can be rolled into the new body and that their work can carry on in that sense. The new body, the ICRIR, will have more information than inquests do and will have comparable powers to compel witnesses, so it is the view of the Government that the new body will perform many of the same functions, but perhaps even better than the inquest process will. But on his point about the date, no, we have to have a point at which we move to the new process.

[Colum Eastwood]

It is worth pointing out that we have two days for what is supposed to be the Committee stage, and this is fundamental legislation that needs to be scrutinised. Does the Minister recognise that one of the key victories of the civil rights movement was getting rid of the Special Powers Act? The Act was introduced in 1922, and the architects of apartheid in South Africa looked upon it jealously and stated as much. One of the things they did was to close down access to inquests, but they did not go as far as this Bill, which this Government are just about to introduce in 2022. How in God’s name can that be right?

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[Conor Burns]

In the interests of balance, I am going to take an intervention from the leader of the SDLP.

[Colum Eastwood]

Let me take this opportunity to make it very clear that every single murder and every single crime that occurred during the troubles was absolutely and totally wrong—I do not care who did it—and that every single bit of truth, accountability and justice possible should be got at. Every single paramilitary organisation should be coming forward with information, but we know that there is lots of information on those paramilitary organisations, because the British Government have infiltrated them—and still infiltrate them—to the very highest levels. We all know that. The information is sitting in the files of the British Government.

As my friend the hon. Member for Rochdale (Tony Lloyd), says, the reason that we do not trust the British Government is this: Julie Livingstone, Paul Whitters, the Bloody Sunday inquiry, the Ballymurphy inquest. At every single turn, the British Government have tried to stop information getting into the hands of the people trying to find out the truth, including victims, who were told that they were at the very centre of this legislation. I have made this point a number of times now: there is a reason we do not trust you. Why not support our new clause 6, which would put on the face of the Bill that this information should be released to the public?

[Conor Burns]

The hon. Gentleman knows that in the Bill, a legal obligation is being placed on all agencies of the state to provide the body with all the information they have. That is unprecedented; it has not happened before. Given the levels of trust—I understand why he says what he does to the community that he represents in Derry and Foyle—the truth is that the success or otherwise of this provision will be in the actions and outcomes of the body, when it is up and running. It will get information, some of which we understand and know will be very uncomfortable for some people who have been in the apparatus of the British state over the years. A huge amount will also be very uncomfortable for terrorists, who may think that there will not be another knock on the door for them. The success, or otherwise, will be in the fact that the information is passed over, and the body will have independence to act to get that information out there and, hopefully, to get information to the families.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Conor Burns and Colum Eastwood

Committee stage
Wednesday 29th June 2022 Commons Chamber

[Conor Burns]

I will take a few more interventions and then explain, in the context of the Bill, what we are trying to do. I want to make as much time as possible available to hon. Members in all parts of the Committee. I give way first to the leader of the Social Democratic and Labour party.

[Colum Eastwood (Foyle) (SDLP)]

The Minister says that he wants to put victims at the centre, that he wants to provide information and transparency, and all that. There were a number of victims on the estate last night. They were families of people—of children, actually—who were murdered during the conflict. One of those children was Julie Livingstone. She was 14 years old in Lenadoon in west Belfast in 1981, and she was shot by the British Army and killed. Her file has been closed until 2064. How can Julie Livingstone’s family believe this Government when they say they want to give accountability, truth and transparency?

[Conor Burns]

The unimaginable tragedy and grief that people in Northern Ireland experienced is understood, as much as it is humanly capable of being understood by those who did not go through it. I am sorry that I could not attend the hon. Gentleman’s meeting last night. I received the email to my parliamentary email address; I was travelling back from Northern Ireland and did not return to Westminster in time to come. I would have been delighted and humbled to come and meet those people who came to Westminster, as my right hon. Friend the Secretary of State and I have met victims’ families and victims groups across Northern Ireland in the process of getting the Bill to where it is.

One of the reasons why my right hon. Friend and I have taken the time that we have taken, as we have both said, is to get the Bill right, and to make sure that what we are proposing will work. The hon. Member for Foyle (Colum Eastwood) is absolutely right that the test of the Bill will be when the information recovery body is up and running and functioning—when people can refer cases to it and when the British state transfers to it the documents that we have at our disposal. The test will be in the delivery of that body for victims and families.

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[Conor Burns]

I expect that we will turn to amendment 115 in greater detail throughout the afternoon and into the evening. It is our view, given the scope of the Bill, that sexual offences would not be within the scope of the panel. We do not believe that sexual offences can be defined as being troubles-related. A rape is a rape. It is not a republican rape or a loyalist rape; it is a crime—a hateful, heinous crime. It will absolutely be the right of the House to test that—

[Colum Eastwood]

rose—

[Conor Burns]

Perhaps the hon. Gentleman would give me a second. It will absolutely be the right of this House and another place to test that. If the House comes to a conclusion that there needs to be greater clarification, the Government, the Secretary of State and I will listen incredibly closely, because that concern is clearly being expressed. We do not believe, however, that the Bill, as drafted, would see sexual offences fall under the competence or purview of the information recovery body to grant immunity in that space.

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[Conor Burns]

We think that the position is clear in the Bill. However, it is clear that the Committee does not totally think so, so I give the Committee the undertaking that I have given my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith): that we will return explicitly to this specific measure as the Bill progresses.

I would also say to my hon. Friend the Member for Newbury (Laura Farris) that Northern Ireland was not at war; Northern Ireland suffered a grievous period of barbarism by terrorist groups. In that sense, the analogy of rape in war does not translate easily across.

[Colum Eastwood]

I am grateful to the Minister for giving that commitment, but I think he understands very well what we are talking about. We do not need to theorise. We know of individual cases in which members of paramilitary organisations raped members of our community; the rape was investigated by paramilitary organisations and covered up; the victim was victimised further, abused and hounded out of their own community—and what happened then? The perpetrators were moved to other parts of Ireland to work within the community.

These are high-profile cases, which the Minister knows about and which would not have happened in the same way in Liverpool or Manchester. Paramilitary organisations exist in our communities and they coerce and control communities. People have been shifted around our country to rape whoever they want under the protection of the IRA and other organisations.

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[Conor Burns]

What we are talking about today is what is in the Bill, what the Bill will establish and how the body will work, and about the definitions, the powers, the functions, the independence, the appointment process and who will be on it. Those are the things we are discussing today and it will then be for that body to make determinations on cases, on individuals and on evidence that is presented to it—[Interruption.] The hon. Member for Foyle is shouting at me from a sedentary position, but this is exactly what the Committee stage is for. It is an opportunity for us to explore these things and to take them on board.

[Colum Eastwood]

Will the Minister give way?

[Conor Burns]

No. I heard the hon. Gentleman clearly when he was sitting down; there is no need for him to stand up to say it again. I want to make a little progress. I am conscious that I have already been on my feet for nearly 45 minutes, and I want to give some time to the Committee.

Clauses 2 to 4, clause 6 and schedules 1 and 2 provide for the formation of the independent commission for reconciliation and information recovery as a body corporate consisting of a chief commissioner, a commissioner of investigations and up to three additional commissioners. We very much agree with the sentiment behind amendment 74, tabled by my hon. Friend the Member for North Dorset, that it would be beneficial for one of the commissioners to have significant international experience or expertise. There is nothing in this legislation that would preclude that; indeed, that would be an ambition of the Government.

The functions of the commission will be, when requested, to carry out reviews into the deaths that resulted from conduct forming part of the troubles and, when requested, to carry out reviews of other harmful conduct, as defined in the Bill, forming part of the troubles. The term review in the Bill provides the commission with the scope to conduct the investigative process as it determines to be appropriate in each case, including the use of police powers where appropriate. Where there is an outstanding article 2 obligation, the body will be able to conduct a review to that standard. The body will produce reports on the findings of each of these reviews, determine whether to grant immunity from prosecution for serious or connected troubles-related offences, refer deaths that were caused by conduct forming part of the troubles and other harmful conduct forming part of the troubles to prosecutors, and produce an historical record of all other deaths that resulted from conduct forming part of the troubles.

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[Conor Burns]

The central ambition of this legislation is to provide that closure.

[Colum Eastwood]

Will the Minister give way?

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[Colum Eastwood]

I just ask the Minister to guarantee that. Many people are very concerned that this Bill may pass through these Houses of Parliament but will not stand the test of time when it comes to the courts, because some of us believe it is fundamentally illegal, never mind unjust. Will he give a guarantee that whatever happens in terms of disclosure—we can debate that all day—evidence will not be destroyed after that process is over? Will he guarantee that evidence will be maintained and retained?

[Conor Burns]

The credibility of the body will be determined by its effectiveness and how quickly it can gain the trust of those who engage with it. People engaging with it—coming forward to it—will be a process that will be encouraged by seeing how the body actually works and delivers. As my right hon. Friend the Secretary of State has said previously, it is absolutely our determination to provide the body with the effective tools it needs to gain the confidence of victims. It is only in doing that that the body will be successful. If I may, I will return to the hon. Gentleman specifically on the evidence point later in the debate, because I do not want to say something from the Dispatch Box until I am certain it is the correct thing; I would rather delay the answer to that than give him an incorrect answer.

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[Conor Burns]

On the very specific question as to why the terminology is “review” rather than “investigate”, there may well be a legal reason for that. I have not actually asked that question—it is a very good question. What I have been interested to look at is the scope and the powers of the body. The fact that it will have full police powers, the ability to cross-examine people and to contest what is put to it, and the ability to see source material looks to me, as I have examined this, very much like investigations. There may be a reason for the choice of word, and I will return to my right hon. Friend if there is a technical reason, but it seems to me that, for all intents and purposes, the body can undertake investigations if it so determines.

On the point about the pipeline of inquests, I am happy to give that commitment again to my right hon. Friend. Nothing will change until this Bill becomes an Act, and that is a little way off. We will certainly want to have a look at those that are in the pipeline before the Bill kicks in. The panel would be appointed, and it would become the alternative mechanism to the inquest route.

[Colum Eastwood]

rose—

[Nigel Mills (Amber Valley) (Con)]

rose—

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[Conor Burns]

rose—

[Colum Eastwood]

rose—

[Peter Kyle]

I give way first to the Minister.

Oral Answers to Questions

Debate between Conor Burns and Colum Eastwood

Wednesday 9th March 2022 Commons Chamber

[Conor Burns]

I can assure my hon. Friend that, as a former Minister of State for Trade Policy, I bring that worldview to my role as Minister of State in Northern Ireland. The short answer to his question is yes; I am delighted that we have now opened a new Department for International Trade hub in the heart of Belfast. I recently met the Economy Minister, Gordon Lyons at the Northern Ireland Showcase and we introduced him to the President of the Board of Trade before Christmas. We have put £8 million into Invest NI to help it to promote Northern Ireland abroad. Northern Ireland is an integral part of the United Kingdom’s offer to the world and will benefit fully from our international trade agreements.

[Colum Eastwood (Foyle) (SDLP)]

While it is obviously important to bring investment into Northern Ireland, my constituents in Derry are struggling right now with soaring energy bills. A mile across the border, the Irish Government are cutting vehicle excise duty by up to 20% for petrol and diesel. This Government are very keen and very quick to raise national insurance contributions and to cut universal credit. Will they be quick to cut vehicle excise duty to save people from the soaring costs that are crippling home budgets?

[Conor Burns]

On 3 February this year the Government announced that the Northern Ireland Executive will receive an additional £250 million to help them to support households with the cost of living. He mentions tax changes, but it would be imprudent of me as a junior Minister to comment ahead of the Chancellor’s making statements to the House.

Oral Answers to Questions

Debate between Conor Burns and Colum Eastwood

Wednesday 27th October 2021 Commons Chamber

[Colum Eastwood (Foyle) (SDLP)]

9. What progress the Government are making on implementing the commitments set out in the New Decade, New Approach agreement.

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

The Government are making good progress across their commitments under New Decade, New Approach. As the hon. Gentleman will know, only yesterday, the Secretary of State and I were delivering on the Northern Ireland (Ministers, Elections and Petitions of Concern) Bill from the Dispatch Box while he was enjoying his love-in with the hon. Member for North Antrim (Ian Paisley).

[Colum Eastwood]

I am glad to welcome the Minister to the Dispatch Box. One of the commitments that he did not mention was this Government’s commitment to bring in a package of legislation around language and culture. When are they going to do it?

[Conor Burns]

The commitment of the Government to bring forward that package remains undimmed. I would not want to deny the hon. Gentleman his anticipation and excitement by revealing exactly when, but he will not have long to wait.