(3 weeks, 1 day ago)
Commons ChamberThat is a good question, to which I do not have the answer. With any luck, I will be inspired by the time the hon. Member gets to his feet and catches your eye, Ms Ghani, and I will come back to him.
I have a horrible fear that this has set off my old sparring partner.
To add to that point, when the Secretary of State looks at that, will he also look at elements written into the Irish constitution, particularly with respect to the operation of the Garda and its duty to protect the reputation of the Irish state? That will also cripple any attempt to expose information.
The right hon. Member makes a very good point. The Irish constitution has sometimes made it far more difficult for the Irish Government to be able to co-operate, and that is why they have had to legislate in some of these areas in a way that we would not have to in the United Kingdom. That is why the agreement secured by my right hon. Friend the Member for Leeds South is so important and why the legislation they are advancing answers many of these precise issues in direct terms. These issues, which we do need to address, are not lost on Ministers in Dublin.
We have always been committed to repealing those parts of the legacy Act—the Northern Ireland Troubles (Legacy and Reconciliation Act 2023—that were incompatible with our human rights obligations and which we felt were morally wrong as they risked providing equal immunity to terrorists and denying UK citizens their historic right to seek civil redress. In the interests of providing swift and early clarity, we had proposed to do that via the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Remedial) Order 2025. However, the Joint Committee on Human Rights—its Chair, my hon. Friend the Member for Leeds Central and Headingley (Alex Sobel), was with us yesterday—among others argued that putting those measures in the Bill would allow greater scrutiny without undue delay. Consequently, Government new clause 52 alongside amendments 244, 245, 268 and others move the operative provisions of the remedial order into the Bill. That brings the whole package together, ensuring that there is a clear transition between the legacy Act and the troubles Bill.
On Second Reading and in our engagement on the Bill, there has been considerable concern about the so-called on-the-runs letters to which a couple of hon. Members referred yesterday. Indeed, the hon. and learned Member for North Antrim (Jim Allister) and the hon. Members for Upper Bann (Carla Lockhart) and for Lagan Valley (Sorcha Eastwood) have tabled amendments on the matter that aim to put the status of those letters beyond doubt. I know that I referred to this yesterday, but, because this matter is before us today, I do want to return to it.
Those letters did not provide any individual with immunity from prosecution, and they are not legally binding guarantees against future prosecution. That has been confirmed by the 2014 Hallett review and by numerous Ministers under successive Administrations, including the former Prime Minister David Cameron. It has also been reiterated by the current chief constable of the Police Service of Northern Ireland, Jon Boutcher. However, I recognise the ongoing concern in relation to such letters, so I tabled new clause 51 to make it clear that they cannot be used to prevent or frustrate a prosecution.
(3 weeks, 2 days ago)
Commons ChamberIt is good to see you in the Chair, Ms Ghani. Today, we will debate parts 1 to 5 of the Bill. I will speak to the amendments in my name and deal with some of those tabled by others that I shall be resisting, including those that amount to a motion that a clause should not stand part of the Bill.
First, I want to say how important it is that we achieve a balanced piece of legislation today and tomorrow. That is important because we need to get this right for the thousands of families who are still waiting for answers. It is important that the Bill is properly balanced so that anyone can seek answers, whatever their background and whoever the probable perpetrator. It is important, too, that it is balanced because all must be treated equally and all must have an equal chance of justice. That is the rule of law that we all adhere to in this country.
The package of amendments I have tabled seeks to achieve that balance. Some are, of course, technical, including Government amendment 143—the first amendment we are considering—which removes redundant words, but others are more substantive and in many cases respond directly to matters raised in previous debates or amendments tabled by other hon. Members. In the interests of time, I shall primarily deal with those more substantive matters under three main headings.
I have not even got to my headings yet, but, as the right hon. Member knows, I am fond of him.
Our exchanges on fondness will get the Secretary of State into trouble. He talks about balance; who has that balance or who governs that balance is important. Will he tell the Committee how many of the substantive amendments were either shown to or discussed with the Irish Government before they were brought to the Committee?
I have not shared a single amendment. I have talked about the broad thrust of some of the amendments with some members of the Irish Government, but I have not shown any of the amendments to anybody in the Irish Government. I think the first they ever saw of the amendments was when they were tabled in this House and appeared before everybody else. On occasion, as part of the consultation with various special forces groups and others, we have, of course, talked about some of the broad issues. I have wanted to consult as widely as I possibly can, and in some of those instances, we showed some draft amendments to, I think, the Special Forces Association and to some of the generals and others, but we certainly have not done that with any other Governments.
The first of my three headings is improving the process for victims and families, including through further changes to the commission. The second is ensuring we have the strongest possible safeguards in place for our former service personnel. The third is addressing concerns about repeat investigations and the importance of compelling new evidence.
First, we must ensure that the process for victims and families is open, accessible, efficient and effective. Much has been learned in recent years from Operation Kenova and other investigations. The legacy commission must be able to command the respect and confidence of all families. That is why the Bill strengthens the commission’s investigative powers, improves the disclosure regime, puts in place new conflict of interest duties, allows for public hearings in certain cases, and creates a new victims and survivors advisory group. It is why the Bill repeals the immunity scheme—which has been rejected across communities, and to which we shall return tomorrow—and it is why we must secure information sharing arrangements with the Irish authorities.
The term “vexatious claim” could in itself be argued to be vexatious. A phrase that I have used a couple of times is “rinse and repeat”. I will come to that a little later. I am keen to ensure that nobody is subjected to being brought back time and again to face the same kind of process.
Much as I am fond of the right hon. Gentleman, I need to give way to the hon. and learned Member for North Antrim first.
I will finish this point and then I will come to the right hon. Members for Goole and Pocklington (David Davis) and for New Forest East (Sir Julian Lewis).
Our new clause 32 also recognises, as the hon. and learned Member for North Antrim has just said, the operational context in which veterans served and the circumstances in which they needed to make decisions in deploying the use of force so as to prevent harm. This includes recognising the orders they were given, the intelligence briefings available to them, and the age, experience and training available to many of those soldiers.
The Secretary of State, with every good intention, talks about preventing “rinse and repeat”, yet the moment we introduce this situation into a coroner’s inquest, the opportunity for judicial review arises—multiple stages of judicial review. As we have already seen with inquests, “rinse and repeat” cannot be stopped, so a soldier may be going through three or four judicial processes, all of them painful, whatever the Government say.
I am conscious of judicial review, not least because my decision on Drumcree is presently being judiciously reviewed. [Interruption.] I meant to say judicially reviewed—whether it is judicious is a matter for the courts to decide, not me; I am not challenging their authority.
We have to be clear about what judicial review can and cannot do. It is about the decision of the state authority that is being investigated, not the decision of the individual. That is a really important distinction to make.
(1 year, 7 months ago)
Commons ChamberI think the hon. Gentleman is talking about the GREAT campaign budget, and it is certainly true that finances have been tough. We are looking at precisely what money we may be able to source into that fund for the next year. I am very serious about wanting to develop a UK-wide visitor economy strategy. I think it might be valuable if the hon. Gentleman and I sat down at some point and he gave me some of the ideas that are rocking around in his brain, and we will see whether any of those can be incorporated into our plan.
Not only are we an island economy, but I would argue that our towns and villages are just as important for our visitor economy as our great cities. I recently spent a pleasant weekend in Chipping Campden, and many international visitors were wandering up and down Broadway. The right hon. Gentleman has some extraordinarily beautiful villages in his constituency, which I expect he is about to tell us about.
Since we are swapping villages, I was in Pocklington last week, at the site of what Professor Alice Roberts described as the most important iron age archaeological site in Britain: the Pocklington chariot burial. It is a magnificent thing, and the centre of a huge area of iron age archaeology. I was there to meet dedicated local volunteers who are creating a new museum at Burnby Hall based on that archaeology, which will bring tourists into the countryside. What can the Government do to help people like that develop ideas such as this?
Not every village in Britain suffers the problems of Midsomer, but I know of the work that people are trying to do in Pocklington. The right hon. Gentleman refers to Professor Alice Roberts and her wonderful work in this area, and everything I have seen about the hoard in Pocklington is absolutely amazing. I slightly expected that the right hon. Gentleman would turn up wearing some of the bling—
Or some of the armour, because there was a time when it was fine for a man to wear a brooch; perhaps that time will come again. I pay tribute to Burnby Hall gardens and museum, and it would be amazing if we were able to get it back into full use. The gardens are amazing—apparently there are 80 different kinds of wild water lily—but it would be good if we could get the whole museum going, and I pay tribute to the volunteers who are trying to make that happen.