Read Bill Ministerial Extracts
Northern Ireland Troubles Bill Debate
Full Debate: Read Full DebateDavid Davis
Main Page: David Davis (Conservative - Goole and Pocklington)Department Debates - View all David Davis's debates with the Northern Ireland Office
(5 months, 3 weeks ago)
Commons ChamberThis is a terrible Bill. Its central failing is that it will lead to the persecution of patriotic, innocent British soldiers whose only sin is defending our democracy with heroism and skill. What it will do is recreate a circumstance in which soldiers are treated unfairly by the law.
My hon. Friend the Member for Brentwood and Ongar (Alex Burghart) referred to the case of Soldier B and the judge’s dismissal of it as a “ludicrous” challenge funded by legal aid. I have known Soldier B for 30 years; I count him as a friend. He is tough and clever yet, even for him, being dragged through the courts for four years and more, on what is effectively preparation for a murder charge, would have been unbelievably stressful. The point my hon. Friend made is that the process is the punishment: four years of stress and wear and tear.
In Operation Banner, our soldiers assiduously obeyed the yellow card rules, but in Northern Ireland the courts have sometimes interpreted those rules as requiring our soldiers to take almost suicidal risks. We are dragging men in their 70s and 80s through coroners courts in Belfast, and judging them by a standard that makes no sense in a military context. To illustrate this, let me share with the House a single case that highlights what can happen to soldiers under these circumstances.
On 16 March 1978, in the middle of the night, two SAS soldiers were manning a covert observation post. They saw two men in combat clothing moving toward them. One of our soldiers, David Jones, stood up and challenged the men. The IRA gunman immediately shot him down in a burst of gunfire. That story would have been at the back of the mind of every soldier who subsequently served in Northern Ireland. They made their decisions in the face of the risk of immediate death. It is a measure of their professionalism that hundreds of terrorists were arrested alive under the circumstances, given that the soldiers could have been killed.
Today’s debate is actually about morality. It is about whether this House chooses justice over political convenience, truth over revisionism, and loyalty over the cynical rewriting of history. The Government claim that today’s problems arise from legislation passed by the previous Government, which allegedly created an amnesty for terrorists. Really? What are the facts?
Labour, under Blair, effectively gave a de facto amnesty—maybe it is challengeable in law—to at least 650 terrorists, who had carried out more than 3,000 killings. Early release schemes, on-the-run letters and the royal prerogative of mercy collectively created a vast secret system of de facto immunity. It was secret because the Government knew that people would not accept it.
No. I am sorry, but I do not have time.
People knew that the system would not be accepted, which is why Gerry Adams asked for an “invisible system” for dealing with on-the-runs. Why are they on the run? They are on the run because they are criminals, and this was a secret system to deal with it.
In contrast, 300,000 of our soldiers defended democracy in Northern Ireland. They defended law and order, democracy and the innocent citizens of Northern Ireland, whom we often forget in this. They acted as the direct opposite of the IRA, the gangster organisation that terrorised all communities in Northern Ireland. By the way, I mean “all communities”; remember that the IRA killed a very large number of Catholics to terrorise that community. Yet today those who upheld the law face relentless legal pursuit, while those who broke the law received leniency, letters and legal shelter.
Let us not forget that the IRA are also protected by the fact that witnesses, or would-be witnesses, against them know that they risk murder if they turn up. I was in Omagh a few weeks ago, and I met a policeman who was shot—six times, I think—only a couple of years ago by the Real IRA, or the New IRA or whatever label they have today. Instead of attacking those who served, we should honour them, their service and their patriotism. We should not treat them worse than the killers they defeated. This House must say, “Enough. Enough moral inversion, and enough rewarding of terror, while hounding those who defended the public.”
We are told that the Bill is necessary because Northern Ireland will not support alternatives, but when real leaders must choose between consensus and justice, they choose justice. This Bill must not rest on appeasement. The world watches while Britain chooses today. Its allies watch with concern, and its enemies with enthusiasm, as they plan future decades of lawfare against our best soldiers. If we do not speak up to protect both our current service personnel and our veterans, the innocent will suffer in future, and we will find ourselves unable to defend our nation.
Northern Ireland Troubles Bill (Carry-over) Debate
Full Debate: Read Full DebateDavid Davis
Main Page: David Davis (Conservative - Goole and Pocklington)Department Debates - View all David Davis's debates with the Northern Ireland Office
(2 weeks, 4 days ago)
Commons ChamberI draw the attention of the House to my entry in the Register of Members’ Financial Interests and, given what I am going to say, to the fact that I was a trustee of the SAS Regimental Association for two decades up until a few years ago.
This Bill was sold to the House and the country on the premise that it would deliver human rights and the rule of law. As the House knows, I pay great attention to human rights and the rule of law—so much so that I defeated my own Government in court on exactly that issue—but what we have here is neither human rights nor justice. It is a perversion of rights and a travesty of justice.
The Government clearly have made promises to Sinn Féin, to IRA families and to would-be rewriters of history, including the Irish Government, putting those ahead of the interests of our soldiers. The recent revelation that the Attorney General, Lord Hermer, pursued cases against our soldiers, despite knowing that the allegations might be false, is indicative, I am afraid, of the attitude of this Government to the rights of our soldiers, as was the Secretary of State’s response to my right hon. Friend the Member for South West Wiltshire (Dr Murrison). The attitude is one of undermining our soldiers at home while they fight abroad, and the same will happen under this Bill.
We have already had a rehearsal or a preview of what is to come. This month’s Court of Appeal judgment in the case of Soldier B in the Coagh firefight is a perfect illustration. The shadow Northern Ireland Secretary, my hon. Friend the Member for Brentwood and Ongar (Alex Burghart), read out some of the judge’s comments in that case; I will take things a little further. What happened in the Coagh firefight was that the IRA plotted to murder an Ulster Defence Regiment soldier. In the process of doing that, they were hit by an SAS patrol. The IRA terrorists all died, and an inquest found that the SAS actions were all entirely lawful. So what happened? One of the IRA members’ family used taxpayers’ money—legal aid—to force a judicial review. The judge threw that out, stating:
“In this challenge, this Court is being asked to slow the passage of time down, to analyse events in freeze-frame… It is ludicrous to suggest that this court should analyse the events of the day in question in that manner”.
He went on to say:
“I cannot conclude this judgment without expressing my surprise that legal aid funding was made available to mount such a challenge”.
Lincoln Jopp
My right hon. Friend is incredibly well informed on this subject. In his research, has he found any justification for public money being used in that way?
No, but it is simply the rule that in Northern Ireland, it is easier to get legal aid for these issues. I can see that there was a reason for that in the past, but it has, in effect, perverted the course of justice in a case where soldiers did nothing more than their duty. That is what is going to happen under this Bill, too, because the case went on to appeal. If anything, the judge struck down that appeal in even more robust terms than the previous judge. A brave, patriotic, honourable soldier was dragged through three courts over several years, in gratuitous actions that were funded by the taxpayer.
I say “brave”, “honourable” and “patriotic”; these are not casual words. I have known Soldier B for 30 years. As well as being a brave soldier, he is a firm believer in the rule of law. He does not believe that there should be exemptions. He believes that there should be proper rule of law, which is not provided by the Bill. Indeed, given his history and his views, I would say that he has a better claim to have defended justice in our country than anyone in the House, and certainly than those on the Government Front Bench. What happened in that case is just a rehearsal for what will come if the Bill goes through. If it is passed, hundreds more—and I mean hundreds—will follow.
This Bill puts the interests of the Irish Government, Sinn Féin and IRA apologists above those of our veterans, and would put rewriting history ahead of providing proper justice. It is unpatriotic, disingenuous and dishonourable. It satisfies no one. It solves nothing. Everything it touches, it makes worse. I note that the Minister for the Armed Forces is not here for the vote, and I entirely understand why: he wants to avoid association with this disgraceful legislation. If he cannot vote for it, neither should we. We should reject this disgraceful Bill out of hand.
I call Andy McDonald, who has a three-minute speaking time limit.