Northern Ireland Troubles Bill

Desmond Swayne Excerpts

2nd reading
Tuesday 18th November 2025 Commons Chamber

[Sir Desmond Swayne (New Forest West) (Con)]

How confident is the Secretary of State that his provisions for preventing compensation for interim custody orders will withstand challenge in the courts, and would the Government’s case be undermined in any way by their decision not to challenge the original ruling in the High Court?

[Hilary Benn]

If the right hon. Gentleman will bear with me, I shall come to his question a bit later.

Crucially—this is something that the House has to recognise—the 2023 Act failed because it did not command any support in Northern Ireland among victims and survivors, or the political parties. That was no basis for progress or reconciliation. That point has to be acknowledged. One of the principal reasons for that lack of support was the Act’s attempt to offer immunity from prosecution, including to terrorists who had committed the most appalling murders. [Interruption.] The hon. Member for South Suffolk (James Cartlidge), who is intervening from a sedentary position, needs to go back and read the legislation that his Government passed. I have it here. Immunity was a false promise. It appeared to offer soldiers something that was completely undeliverable. The measures were never implemented, and were struck down by our courts. Families who had endured unimaginable suffering through paramilitary violence were simply not prepared to see those responsible given immunity.

--- Later in debate ---

[Sir Desmond Swayne]

Even if the Supreme Court had opined on the matter and judged it to be incompatible, that would not have changed the law. This House is not required to respond in any way to a declaration of incompatibility by a court. This House remains supreme.

[Alex Burghart]

As ever, my right hon. Friend is entirely correct. The courts have no power to strike down statute; they can advise this House to remove legislation.

Northern Ireland Troubles Bill (Carry-over)

Desmond Swayne Excerpts

Carry-over motion
Monday 27th April 2026 Commons Chamber

[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

In the limited time I have, I say to the Secretary of State that this Bill was bad, and it is now a mess. He comes in front of the House to ask for a carry-over when he knows that carry-over motions are only ever to be used for Bills that are pretty well set, but have run out of time to progress. Such motions are not for highly contentious legislation that is about to be changed, possibly beyond recognition from what has gone before. He is now apparently addressing many of the issues, but we are not allowed to know, because they are a secret until next time, when we will come back to carry on with a massively changed Bill. It is bad procedure, and it is bad government. I say to the right hon. Gentleman, for whom I have a lot of time—he knows that—that this is just a bad route to take.

The problem that the Government have had from the beginning is that they have been tied up with trying to satisfy Sinn Féin and the hand of Ireland. I worry desperately about the arrangements. As the right hon. Member for Belfast East (Gavin Robinson) said, where are the promises on delivery from Ireland? For all these years, there has been all the stuff that they know about who did what, when they did it and how it was done. All that has been kept behind closed doors for so long, and the Irish Government could have dealt with it earlier. Instead, there are people who do not want this to be open and we are now singing to their tune. That is what really bothers me.

We are now being asked to take a pitch in the dark. Having denied all the way through the Bill’s passage that veterans would be pursued vexatiously through the courts and having said that there were controls in place, the Government have apparently finally realised that that was not the case. All of a sudden, the position has changed.

[Sir Desmond Swayne (New Forest West) (Con)]

On the question of the failure of the Government of the Republic, the reality is that they have an outstanding interstate case against us.

[Sir Iain Duncan Smith]

It is astonishing. My right hon. Friend is exactly right. I served early on in Northern Ireland, and I lost a very good friend—I apologise for repeating his name—in Robert Nairac. We have never got to the bottom of what happened to him.

I thought that the speech from the hon. Member for Foyle (Colum Eastwood) was incredibly interesting. It is very difficult to pursue truth, which is why I supported the previous legislation. That was not because I thought it was a great Bill, but because I wanted some truth to come out. I do not think the vexatious pursuit of veterans will ever produce the truth that he rightly seeks. There is a better way, and it is not this Bill.