Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Dan Jarvis and Mary Kelly Foy

Committee stage
Wednesday 29th June 2022 Commons Chamber

[Dan Jarvis (Barnsley Central) (Lab)]

It is a pleasure to follow the hon. Member for Basildon and Billericay (Mr Baron). I should declare an interest, as a veteran of Operation Banner.

I will speak as briefly as I can, because I want to give as many other Members as possible an opportunity to speak. Let me begin by saying that the Bill is one of the most controversial pieces of legislation that I have been asked to consider during my time in the House. I do not doubt the sincerity of the Government’s intentions, and I completely understand how complex and difficult this issue is, but if passed in its current form the Bill will mean that those who are guilty of kidnap, torture and murder will never see the inside of a courtroom or a prison, or even, for that matter, be subject to a proper investigation. Indeed, they will not even need to say sorry to be granted immunity for their crimes.

Members have rightly focused today on the impact that the Bill will have on victims. As has already been observed, many of the victims were members of our armed forces, and it is this cohort on whose behalf I want to speak, very briefly, this evening. I know that many of their loved ones and comrades will be watching this with great interest. They will know that 722 UK service personnel were killed in paramilitary attacks while serving on Operation Banner. A freedom of information request to the PSNI from the Centre for Military Justice just this month revealed that it still had 202 unsolved cases of victims who were members of the armed forces and a further 23 cases where the victim was a veteran. That is 225 unsolved alleged murders where the victim was someone who had stepped forward and put themselves in harm’s way to serve our country. Behind every one of those 225 cases is a story of enduring pain caused by the absence of truth and justice.

One of those stories began on 11 August 1971 outside the Corpus Christi church in west Belfast, when a joiner by the name of John McKerr fell to the ground after being shot by a single bullet to the head. John’s family only found out he had been hurt from a newspaper report the following day after he failed to return home from work. He was labelled a member of the IRA. A little over a week later he died of his injuries in hospital, becoming one of the 10 victims of the Ballymurphy massacre. For half a century, John’s family were forced to live under a cloud not just of distress but of deception.

On 11 May last year, Mrs Justice Keegan published the findings of her inquest into the Ballymurphy killings, confirming what John’s loved ones had always known to be true: John was unarmed and not doing anything that could have caused a threat. He had no associations with the IRA. In fact, John had lost his right hand while serving in the British Army in the second world war. His daughter said:

“The only thing he belonged to was the British Legion.”

In the words of the coroner:

“He was an entirely innocent man who was indiscriminately shot on the street.”

The inquest at least removed the stain on John’s character, but it is worth noting that under the Government’s proposals, inquests will be brought to an end, meaning that others will not have the same access to the truth as John’s loved ones. After more than 50 years, the McKerr family still do not know who was responsible for his murder. John sacrificed so that we could be free, but he was shot in the head and left in the street to die. The response of the institution he once proudly served was to tarnish him as a terrorist. John McKerr’s family told the inquest that their objective was not punishment but truth. It is in that spirit that I urge the Minister to consider the merits of amendment 115, about which there has been much debate, and also amendment 111. Strengthening reviews in line with the standards set by Operation Kenova will at least provide the families of members of the armed forces killed during the troubles with a degree of truth and justice.

There is deep unease in the service community about the Government’s proposals, not least from the family of Private Tony Harrison, a soldier from 3 Para who was brutally murdered by the IRA in front of his fiancée and his fiancée’s family. One of those involved has admitted his involvement, but no one directly responsible for his killing has been investigated. We owe John McKerr, Tony Harrison and all those who perished a debt. We can start to repay that debt by giving their families the dignity of knowing what happened to their loved ones. As it stands, the Bill will not afford them any comfort. It will only compound their misery, and for that reason I cannot support it.

[Mary Kelly Foy (City of Durham) (Lab)]

Today I will be speaking against several of the proposals in part 2, specifically clauses 18, 20, 23 and 24, and in support of amendments 111 and 115. My position on the Northern Ireland Affairs Committee has allowed me to hear a range of views on the legacy of the troubles, and the reality is that victims and survivors groups have been let down for decades with successive Governments preventing them from finding out the truth about their loved ones and failing to investigate the most horrific crimes. It is now a sad reality that there can be no perfect solution to how we address legacy issues. There is simply too much division and too many lives lost for that ever to be possible. We must one day accept that we will have an imperfect solution, but that does not mean we have to accept this bad one.

The solution offered in part 2 is unquestionably a bad one. It fails victims, denies them justice and conceals the truth. It threatens the Good Friday agreement, violates article 2 of the European convention on human rights and breaches both the Stormont House agreement and the New Decade, New Approach commitment made just two years ago.