Northern Ireland Troubles: Legacy and Reconciliation

Desmond Swayne Excerpts

Wednesday 21st January 2026 Commons Chamber

[Hilary Benn]

The basis of the Republic of Ireland’s inter-state case, which is a matter for the Republic of Ireland—[Interruption.] Just let me answer the question; I will do my best to respond. The basis of the inter-state case was that the last Government’s legacy Act was incompatible with the European convention on human rights. It is correct in advancing that argument, because the courts in Northern Ireland have found the last Government’s legacy Act to be incompatible in a number of respects. The Government’s job is to ensure that the legislation is made compatible, so that everyone in Northern Ireland can have confidence in the framework that we are trying to put in place, with as much support as possible. At that moment, there will be no basis for the inter-state case any more. What the Irish Government do with that case is a matter for them, but it will have no basis and it will not be able to go anywhere, because the House of Commons and the other place will have remedied the incompatibilities.

I am grateful to the Joint Committee on Human Rights for its diligent consideration of this matter.

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

Will the Secretary of State give way?

[Hilary Benn]

No.

[Hilary Benn]

Well, how could I resist?

[Sir Desmond Swayne]

I just ask the Secretary of State to acknowledge that the Committee’s opinion was not unanimous.

[Hilary Benn]

I was not about to advance the argument that it was a unanimous decision, but many a piece of legislation and many a report of a Committee throughout the history of this House has been passed on a majority vote. That is how we reach decisions, and the JCHR could not have been clearer in its second report: recognising the

“unique and delicate circumstances surrounding Northern Ireland legacy matters…the Government has”

sufficiently

“compelling reasons to proceed by way of remedial order”.

The Committee has recommended that this order be approved by both Houses of Parliament, and I urge the House to heed that recommendation by voting for the order tonight.

--- Later in debate ---

[Alex Burghart]

That is exactly one of the reasons why the next Conservative Government will leave the European convention on human rights.

[Sir Desmond Swayne]

The Human Rights Act 1998 does not require the Government to take any action as a consequence of the decisions that were made in the courts; it is entirely a matter for this House. The Government have made a choice. They had a choice to pursue the change through primary legislation or through this remedial order. They made a choice, notwithstanding the fact that they have a Bill coming down the line. Frankly, I think that was a ridiculous decision by my Committee, but there it is. [Laughter.]

[Alex Burghart]

I believe that we almost got a scintilla of insight into how my right hon. Friend feels about the latest Joint Committee on Human Rights report. I am grateful to him for pre-empting some of what I am about to say. I do worry that there is a bigger game going on in Government. My hon. Friend the Member for Spelthorne (Lincoln Jopp) said that veterans are being used as pawns in lawfare, but I wonder whether the case against veterans is a pawn in a bigger game that the Government are playing with the European Union. The Secretary of State says he has no choice, but of course His Majesty’s Government do have a choice. They have options.

The first option the Government had was to appeal, but they did not. The second option they have is to wait. On 15 October last year, the Northern Ireland Veterans Movement, represented pro bono by Lord Wolfson KC, was heard by the Court, and allowed to give oral and written evidence, which the Court is now considering. It is perfectly in scope for the UK Supreme Court to find that elements of the legacy Act are not actually incompatible with the European convention on human rights. However, if the Secretary of State’s remedial order has gone through both Houses by that time, we will be presented with legal chaos, because the Government will have used an order that they had no authority to use in order to remove primary legislation that should still be in place. The Government can avoid this: all they need do is wait and see what the Supreme Court says. In fairness, the Secretary of State thinks he knows what the Supreme Court will say. In reality, I am not sure that he does—but he has that option.