Northern Ireland Troubles (Legacy and Reconciliation) Bill

Dan Jarvis Excerpts

Committee stage
Monday 4th July 2022 Commons Chamber

[Peter Kyle]

There is previous and existing legislation relating to crimes, but when people have served their sentence, they are not given immunity afterwards. This Bill gives immunity from prosecution for crime, and therefore people can go on to tell their version of events without any repercussions in the law. That is what the amendment seeks to tackle. It is a real challenge that simply does not apply to other parts of the criminal justice system. The measure as it stands will enable people to draw a profit from the horror that they inflicted on the innocent lives of others. That the Bill will have these effects is truly chilling. Amendment 114 would mean that perpetrators of troubles-related offences do not enjoy benefits as a result of this Bill which do not exist for other criminals. This is a very low bar that this Bill needs to pass to ensure that it is not deepening divisions, instead of fostering reconciliation. I am glad that the Chair of the Northern Ireland Affairs Committee, the hon. Member for North Dorset (Simon Hoare) has added his name to the amendment.

Our amendment 116 would remove the provisions into the Coroners Act (Northern Ireland) 1959 that require the closure of existing troubles-related inquests in Northern Ireland. The Bill is meant to provide information for victims and promote reconciliation. One way in which victims have received information about what happened during the troubles is through inquests. Only last year, on 13 May 2021, did we have findings from the Ballymurphy inquest. In his statement to the House, the Secretary of State acknowledged the power of an inquest for families. He said that

“the desire of the families of victims to know the truth about what happened to their loved ones is strong, legitimate and right.”—[Official Report, 13 May 2021; Vol. 695, c.277-78.]

The campaign for justice in Ballymurphy has reminded us all of that, if we needed to be reminded at all.

On Second Reading, the former Secretary of State, the right hon. Member for Skipton and Ripon (Julian Smith) asked the Government to look again at the Bill’s proposals on the closure of existing inquests. The Minister at the Dispatch Box, the right hon. Member for Bournemouth West (Conor Burns), confirmed that he would, but we have not seen anything from the Government about any amendments they are bringing forward on this matter. Indeed, it was not addressed in the speech that we have just heard from the Minister.

Our amendment would simply remove the clauses of the Bill that close existing inquests in Northern Ireland. There are not many. The total figure is likely to be fewer than 20. Last month, Sir Declan Morgan, a former Lord Chief Justice of Northern Ireland, gave evidence to the Select Committee. He summed up why it is unjust to close existing inquests on the basis of whether they have reached an advanced stage by the time the Bill is enacted. For the benefit of those who are not keen followers of the Select Committee, Sir Declan developed the five-year plan for dealing with remaining legacy inquests. It had its first year in 2021 and has been disrupted by the pandemic. These inquests have already had funding confirmed.

Sir Declan told the Committee:

“Of the 56 inquests that comprise the legacy inquests, 20 have been heard so far…A further 10 are already identified as year three cases, which will get hearing dates, other things being equal, between the end of 2022 and 2023. That would leave standing, as it were, 21 inquests. Some of those inquests relate to multiple people. For instance, the Stalker/Sampson inquest relates to four people. That would leave 18 cases to be dealt with.”

What is the justification for ending those 18 cases, when other people who are part of the same five-year plan will have their inquest heard?

[Dan Jarvis (Barnsley Central) (Lab)]

The shadow Secretary of State is making an excellent speech. He mentioned the Ballymurphy inquiry, which shows what can be achieved even after a long time. Some 50 years on, the families were provided with some truth and justice, and it was shown that the victims were not guilty of any wrongdoing. Does he share my concern that the commission will not be able to investigate in the same way and therefore, in future, families will be denied that same right to truth and justice, however long it might take?

[Peter Kyle]

My hon. Friend makes the point incredibly powerfully and well. It is true that the information and justice that came out of that inquiry, and others, had a profound impact on the victims’ families.

We should also not forget how long those families campaigned to get the inquest in the first place, which is an essential part of it—some have campaigned and called on Ministers to deliver inquests for decades. Some of those inquests have been granted, so it would be incredibly painful for them to be cruelly snatched away now. This is a process that families have faith in, and as we well know, faith and trust in state practices in Northern Ireland is hard won.

Crucially, the cases are not separated on merit; they are in a list based on a range of practical factors, such as resource availability. Most families who are part of the five-year plan know each other and have supported each other’s efforts. It is cruel to allow some of the remaining inquests to continue, but close others based on the order in which they were due to proceed. At a time when the Government need to be reaching out to victims, such provisions only push them away.

Gareth McCord’s brother Raymond was beaten to death in 1997 by a loyalist gang. A pending inquest into Raymond’s death is one of those that might be closed by the legislation. Gareth wanted me to put on the record how that is affecting his family. He said:

“We are being punished for obeying the laws while those who murdered and maimed will be officially rewarded with an amnesty. Raymond would be 46 years old now. For nearly 25 years our family has suffered on all levels. Hearing this news that inquests are to be shut down I have no doubt will remove what kept us going.”

The Government must justify why closing existing inquests is worth the price that they are asking from victims and their families.