Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Conor Burns and Sammy Wilson

Committee stage
Monday 4th July 2022 Commons Chamber

[Conor Burns]

I agree with my hon. Friend, and I am grateful to him for what he has acknowledged. He has been in the position that my right hon. Friend the Secretary of State and I are in, that of a Minister making very finely balanced judgments. We believe that we have got those judgments right, and we are happy to explain the rationale for the decision-making process that we have undertaken. I acknowledge, as my hon. Friend has acknowledged, that this will be difficult for some people to accept, but there must be a point at which the new body becomes the sole body to deal with these matters.

[Sammy Wilson (East Antrim) (DUP)]

Does the Minister accept that those who are engaged in the Kenova process want not information recovery but prosecutions? They want an outcome that will ensure that those who committed a crime are found guilty of committing a crime. Moving this to information recovery is not doing justice to those who, for many years, have engaged with the process hoping for an outcome. Will the Minister at least encourage the Public Prosecution Service to ensure that it makes a decision on these cases before the deadline on the Bill?

[Conor Burns]

The right hon. Gentleman makes an entirely valid point. As I think the Committee acknowledged when we talked about these processes last week, there is not a consensus among the families or victims on a single route that they want to take. They want different things: many want prosecutions, many want just to know, and many want a wrong acknowledged. He makes an entirely fair point that I am sure will be heard outside this Chamber and that I know has already been strongly heard by different bodies, lawyers and families in Northern Ireland.

The body will be established after this Bill enters into force. We are only at Committee stage in this place, and the Bill will hopefully leave here this evening and go to the other place, where I am sure it will receive detailed and expert scrutiny. In the meantime, a lot of decisions can be made. The processes can carry on, and we have been very clear that processes that are in train by the time the Bill comes into force will continue. That is why we listened carefully after publishing the Command Paper last year, when we heard the strength of feeling about ending all ongoing inquests. That is why clause 39 sets out that inquests—inquiries in Scotland—that have reached an advanced stage by 31 May next year or by the date on which the ICRIR becomes operational, whichever comes first, will continue to their conclusion. The clause states:

“An inquest is ‘at an advanced stage’ if the inquest hearing to ascertain—

(a) who the deceased was, and

(b) how, when and where the deceased died,

has begun before the relevant day.”

--- Later in debate ---

[Sammy Wilson]

In the interests of getting balance in this whole memorialisation process, does the Minister not accept that already in the Bill there is a clear indication that balance will never be obtained? The records that are held are mostly held by the state. The records of state activities are going to be given to the researchers and the body to tell the story and so on. He has indicated that some of the intelligence on terrorist organisations will be given as well, but that in itself is incomplete and the terrorist organisations, we can be sure, are not going to play the same and give the same access as the Government are going to give in this whole process. Therefore, how can the Minister ever hope that this will be other than a one-sided process that will not produce a balance, but will be used and abused to rewrite the history of the troubles in favour of terrorists?

[Conor Burns]

The right hon. Gentleman is, in a real sense, right to raise those concerns, but the way the process is being set up in the Bill provides more than a possibility that we can find a way of doing this in an inclusive sense—in a way that creates a complete picture of the troubles for future generations to understand—and that will certainly not involve the glorification of acts of terrorism. He is right—and he is right that I alluded to this—that the state holds not just significant information about what the state was responsible for, but significant intelligence-based information on the actions of others that may not ever have been acknowledged before. That will be part of the oral history—the official history, if you like—of the troubles.

Under clause 48, the cross-community, cross-sectoral advisory panel, which will consist of a range of organisations with a defined interest and expertise in this area, will include representation and voices from the victims’ sector. That should provide some reassurance that there will be voices in there making sure that this is not a one-sided account of the history of the troubles.

--- Later in debate ---

[Conor Burns]

The consequence for lying, as the hon. Gentleman knows, in the first instance is that if the body determines that the account is false, the body will not grant immunity. I was referring to the amendments he has tabled to incentivise people to come forward and participate with the process, both in terms of the sentencing and the financial stuff, and I reiterate to the hon. Gentleman that we have undertaken to take that away and look at it.

[Sammy Wilson]

rose—

[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.

Northern Ireland (Ministers, Elections and Petitions of Concern) Bill

Debate between Conor Burns and Sammy Wilson

Consideration of Lords amendments
Monday 7th February 2022 Commons Chamber

[Conor Burns]

Before I come to the Lords amendments, I say to the House that this is the first occasion that a Northern Ireland Office Minister has been before the House since the withdrawal of the First Minister of Northern Ireland from the Northern Ireland Executive in recent days. My right hon. Friend the Secretary of State is in close contact with the party leaders in Northern Ireland, the Government of the Irish Republic and others. Our strong message to the party of the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) is that we would rather he returned his party to the Executive. A stable Executive and stable governance are in the interest of the people who matter the most in all this—the people of Northern Ireland.

[Sammy Wilson (East Antrim) (DUP)]

The Minister must recognise that it is in the hands of the Government to restore the situation in Northern Ireland quickly by simply living up to their promise that there would be no separation between Northern Ireland and the rest of our market in GB, and no constitutional separation between Northern Ireland and the country to which we belong. If the Minister and his Government were to take action to live up to that promise and to take on the EU, we would be back in government tomorrow.

[Conor Burns]

As a courtesy, I thought to update the House briefly before the substantive business before us. I say to the right hon. Gentleman that talks between the Government and the Commission to make the changes necessary to the protocol to make it work for all the people of Northern Ireland are ongoing and intense. Those discussions will continue until we get to a satisfactory conclusion. If we do not, the Government’s position has been clear: we will take the necessary steps available to us to act unilaterally.