Oral Answers to Questions

Debate between Conor Burns and Julian Smith

Wednesday 7th September 2022 Commons Chamber

[Conor Burns]

The Chairman of the Select Committee asks about an incredibly important point. Getting a restored devolved Government in Northern Ireland will help enormously in delivering for the people of Northern Ireland. We absolutely acknowledge that the protocol—its interpretation and application—is the impediment to the Democratic Unionist party going back into government, and we will fix that.

My hon. Friend is correct that I have spent a very busy period over the summer engaging with the Irish and elsewhere. I would like to place on record in the House today my thanks to the former Taoiseach, Bertie Ahern, and the former Prime Minister, Sir Tony Blair, for their assistance in the work that I have done over the summer. This weekend at the British-Irish Association in Oxford, I had constructive and prolonged talks with Vice-President Šefčovič, and I am convinced that if the appetite exists, we can find a way to a negotiated solution to the Northern Ireland protocol in the interests of all the people of Northern Ireland and all the people of the United Kingdom—and in the interest of finding a new way of working in partnership with the European Union post Brexit.

[Julian Smith (Skipton and Ripon) (Con)]

I welcome the new Secretary of State. I hope he has had time to savour those moments of ecstatic relief upon realising, as a former Chief Whip, that he no longer has responsibility for the Tory parliamentary party.

Northern Ireland has unique energy needs: a reliance on heating oil, different regulation, a preponderance of small businesses and very low disposable incomes. Will the Minister confirm that in tomorrow’s energy announcement, Northern Ireland will hear not only what will happen to it but when payments will start to be made?

[Conor Burns]

I thank my right hon. Friend for that question and I say to him that he is held in deep affection across Northern Ireland. He is right to identify Northern Ireland’s unique energy challenges, which I have seen and heard about myself on visits in recent weeks. I know that the new Prime Minister will be hearing those messages too and will want to update the House as soon as possible.

Let me use this occasion to pay tribute to the wonderful visits team in Northern Ireland, whom my right hon. Friend will remember—Nadine, Kathryn, Nicola, Helena and George. They have supported me so brilliantly on the 277 visits that I have carried out over the last 12 months as Minister of State, 107 of them to businesses.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Conor Burns and Julian Smith

Committee stage
Wednesday 29th June 2022 Commons Chamber

[Conor Burns]

I am conscious that I have not read a word of what I stood up to say, but I give way to the former Secretary of State.

[Julian Smith (Skipton and Ripon) (Con)]

As the Minister is aware, victims are incredibly upset and retraumatised by the Bill. Often, they feel uninvolved in the process. As well as consulting the House, what thought have the Government given to reigniting a discussion with victims during proceedings on the Bill?

[Conor Burns]

There has been a significant amount of engagement by my right hon. Friend the Secretary of State and me, and our officials, with victims groups, families and others, not just in Northern Ireland. As my right hon. Friend the Member for Skipton and Ripon (Julian Smith) will understand from his previous incarnation, a lot of that is not very visible. A lot of it is in private, at the request of some of the organisations and families. That consultation—that listening—is not an event; it is a process, and it is ongoing. In addition to listening to this House, we will listen to those who need to be our motivation for the Bill—the victim is at the heart of this legislation. I cannot pretend for a moment to my right hon. Friend that we would expect an outbreak of consensus among victims and families, because we are seeking to legislate in a contested space, on which there are very strongly held and deeply emotional sentiments. I have consistently been struck by the range of views on what victims and families want to happen. This is not a tax Bill where there is a right or wrong answer. It will be contested, but the Secretary of State and I and officials in the Northern Ireland Office will continue to engage as the Bill progresses through the House.

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[Conor Burns]

I hear clearly what my hon. Friend says. We will need to find a way to bring greater clarity to this issue. However, I restate our view that someone coming to the information recovery body and saying that they had committed rape would not be eligible for immunity from the body for that offence. If we need to find greater clarity on that, we will find a way to do that.

[Julian Smith]

I have letters in front of me to rape victims declaring that they are victims of troubles-related activity. Where do the Minister’s words leave victims who have received letters stating clearly that they are troubles-related victims, and how do they avoid their perpetrators being able to seek an amnesty?

[Conor Burns]

I entirely understand my right hon. Friend’s point. This hinges on the definition of “troubles-related” in the Bill. It is our belief that it would not be in the scope of what we are proposing to the Committee.

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[Conor Burns]

My right hon. Friend knows the subject incredibly well; he did the job with distinction and was widely liked and admired in Northern Ireland. He will understand the difficulty of grappling with some of this. As I said earlier, I pay tribute to the Secretary of State for having the courage to pick this up and have a go—there is a reason why Governments have not done a lot.

My right hon. Friend talks about bending justice. Seriously courageous decisions were taken to bring that dreadful period in the history of Northern Ireland and our United Kingdom to an end. People who had been convicted of the most appalling offences were released early. We are operating in a very contested space, but we are absolutely determined to do the right thing by those who need to be at the heart of the matter—those who suffered and those who lost their lives.

The Bill very clearly defines what a troubles-related offence is. It specifies that such an offence

“is ‘serious’ if the offence…is murder, manslaughter or culpable homicide…another offence that was committed by causing the death of a person, or”,

as my right hon. Friend says, if it

“was committed by causing a person to suffer serious physical or mental harm”.

Those are the definitions with which the information recovery body will have to engage to make very finely balanced judgments.

[Julian Smith]

On amendment 115, may I refer to a role that I had in a previous life? My understanding is that the Opposition and the DUP are planning to press the amendment to a vote this evening. I am concerned for my hon. Friends, because voting against the exclusion of rape from the scope of immunity is not a place where they want to be. May I urge the Minister and the Whips Office to look before 7 o’clock at how the amendment can be accepted, even if it needs to be slightly amended later, so that no one in the Conservative party has to vote against the exclusion of rape?

[Conor Burns]

I have great admiration for my right hon. Friend, as he knows. He and I maintained a very warm dialogue when he was Chief Whip in extremely trying political circumstances. He was sitting alongside me when I gave the Committee the commitment that we will take this away and look at it, and will seek to give reassurance and comfort to Members that what we are saying about the provisions and definitions in the Bill is soundly based, and that if we need to consider mechanisms before the House gives final assent to the Bill, we will do that.

I can say to my right hon. Friend that I am confident that we can vote for this measure this evening before it leaves this place for scrutiny in the other place, and I am confident that his fears are not grounded. I will be listening for the rest of the afternoon, and we may want to say something later on, but I am paying very careful attention to the mood of the Committee on this issue.

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[Conor Burns]

The intention behind the Bill is to have this body as the one to which people will go to recover information and to find out the truth of what happened in the deaths of their loved ones or others. One driver for the creation of the independent information recovery body is that the current complex and competing legal frameworks and routes are not bringing things to a conclusion for people. We have to acknowledge, in humility, how long ago many of these things happened. For many of those who suffered, time is running out—they are becoming very elderly. It is the intention that this is the body and the process for people to go to, not competing inquests and other forms of legal remedy.

[Julian Smith]

I have two points to make before the Minister concludes. This issue of “review” and “investigation” is not just semantics. In the case of Operation Kenova, we have seen that when it has been asked to review cases, it has led to some limits on the information that it could receive, whereas if it had been asked to investigate a case, that has given it much more scope and much more access to material. Can the Minister clarify why we are unable to be use much firmer in the language in the Bill to make it clear that we are talking about investigations?

On the point about inquests, I intervened on the Minister in his closing remarks on Second Reading, and he committed to returning to the House with a revised commitment to look at the pipeline of inquests so that victims who have been promised an inquest can be absolutely certain that they will be heard as part of the programme of inquests that was agreed only a year ago. Can the Minister clarify what his thinking now is on that?

[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.

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[Conor Burns]

One of the leading business managers is nodding positively from the Bar of the House at my right hon. Friend’s question. That is absolutely our intention. I am pleased by the way we have managed to resolve the issue this afternoon. I pay tribute to my right hon. Friend the Secretary of State, who has spent much of the afternoon outside the Chamber trying to help us to reach a resolution that would be agreeable.

[Julian Smith]

I also pay tribute to Members of the DUP, SDLP and Alliance—the Northern Ireland parties—who have represented their constituents who are very much at the centre of the issue. They, as well as the Opposition, worked together with those on the Government Benches this afternoon.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Conor Burns and Julian Smith

2nd reading
Tuesday 24th May 2022 Commons Chamber

[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.