(2 weeks, 4 days ago)
Commons Chamber
Mr Angus MacDonald (Inverness, Skye and West Ross-shire) (LD)
I would like to speak to amendment 130 and clause 36. My son, myself, my father, my grandfather and my great-grandfather—and pretty well all my ancestors forever—have served in the Army. I was a subaltern in Northern Ireland at the peak of the troubles in 1984, and my regiment, the Queen’s Own Highlanders, saw the death of the commanding officer, Lieutenant Colonel David Blair, and 17 more soldiers who were killed in the two explosives in Warrenpoint in 1979. The pain of those deaths was still very live among many of the regiment who were serving five years later when I was serving, but despite the pain, I do not recollect a single person who felt any desire to take revenge. The professionalism of the British soldier could be depended on.
I have a son who has just left the Army after several years as a trooper. I told him that I was coming to this debate, and he told me an anecdote. He said, “Well, let me tell you a story. There are four guys, all armed, and they are clearing a building in the middle east. They go upstairs, and as they go along the corridor, out of the back of the building comes a man, and in front of him is a female. Over her shoulder he is firing AK-47 bullets, and spraying them. They shoot that man and that woman—they kill them, but they had no option. It happened on the spur of the moment, and they could not really decide how to get out of it, or they would all have been dead.”
Is there any chance that those British soldiers could be charged with murder? If there is, I would strongly recommend the young I meet not to join the Army. British soldiers in my day were always able to depend on the support of the British public, the Government and the judiciary. In my time in Northern Ireland, we knew that we had our backs covered, and that we had to abide by the law. What we did not have then was sharp-suited lawyers looking for any opportunity to pursue us in court, possibly for decades. The recruitment of soldiers is extremely poor at the moment, and unless the concerns of those serving, and of veterans, are put to rest, we will not be able to rebuild our fighting force to the strength we need.
Fleur Anderson (Putney) (Lab)
Almost three decades on from the Good Friday agreement, the challenge of legacy remains unsolved. That is so important to remember when agreeing on the amendments tonight and moving forward with the Bill tomorrow. It is an honour to be part of a process that will be so historic for the future of Northern Ireland. I praise the work of my right hon. Friend the Member for Leeds South (Hilary Benn), my hon. Friend the Member for Wirral West (Matthew Patrick), the Minister, the Secretary of State and the Northern Ireland Affairs Committee for all their work on the Bill and for bringing us to this place. I also thank the victims groups and individual victims, many of whom have not spoken out in this process, but of whom we are thinking.
I praise the veterans—my grandfather is from Northern Ireland and served in the British Army—as well as Members of the Northern Ireland Assembly, who are bringing forward legislation all the time to create a peace for Northern Ireland, and the community leaders who are building that peace every day. I say to people across Northern Ireland that we hope that passing this Bill and agreeing to the Government amendments, which I support, will bring us closer to the permanent peace, justice and reconciliation that everyone in Northern Ireland, and across the UK, can build on.
As we proceed this Committee stage, every clause and amendment should be judged by one simple test: will it help victims and bereaved families to finally get the answers that they have waited decades to receive? They have woken up waiting for those answers every single morning, and although they do not want to, they are passing that wait on to future generations—to their own children—and looking ahead to it being passed on and on with despair. We want to draw a line, and the Bill should enable peace and reconciliation to set everyone in Northern Ireland free from the dark past. Earlier this afternoon, members of the Victims and Survivors Forum spoke to MPs about parents, siblings and grandparents killed during the troubles. One victim said:
“It has now been 53 years since my father was murdered. I have moved on from justice. I just want the truth.”
That window of truth, and the potential for getting that truth, is closing.
More than 3,500 people lost their lives during the troubles, and nearly a third of those deaths remain unsolved. Behind every case is a family still living with those unanswered questions. The greatest risk before us is delay, so for those Members who are considering voting no to the Government amendments and no to the Bill, that is what is before us. Every year that passes makes establishing the truth harder. Witnesses pass away, memories fade and evidence is lost. Doing nothing means accepting that some families may never learn what happened to their loved ones, instead of accepting this carefully balanced Bill. The former Secretary of State and the Secretary of State have stopped and listened so carefully to victims, and have brought forward the Bill and the amendments.
As has been said, the previous legacy Act failed to command confidence across Northern Ireland. It closed down routes that families had pursued for years and left many feeling further away from truth and accountability. The Bill takes a different approach. The reformed legacy commission will have stronger investigative and disclosure powers, and a clear focus on providing families with as much information as possible, as well as learning from the Kenova inquiry and that victim-led process—a way of taking action that means asking victims at every stage what they want to know. Not every case will lead to a prosecution. Many are now 40 or 50 years old. However, where prosecutions are possible—it has been proven already that they are—families should have the fullest possible account of what happened.
I welcome Government amendment 192, which ensures that documentary evidence is considered before witnesses are contacted, and requires compelling new evidence before individuals are approached. I welcome new clauses 33 and 34, and amendments 148 and 149, which establish a statutory victims and survivors advisory group. This is so important—I see that it has come from many conversations with WAVE, which has been mentioned before, as well as other victims groups. Those groups have asked for a statutory place where victims’ voices will be heard. If the process is to command confidence, victims’ voices must be at its heart, as they will be with the new advisory group. I also welcome new clause 35, which states that the legacy commission must carry out its duties
“in a way that avoids any unnecessary cost”,
because too often, lawyers are the only winners in this process. However, can the Secretary of State explain how unnecessary costs in the process will be checked and reported to the House?
The provisions relating to inquests are equally important. Families who have fought for years for answers deserve a process that is effective, independent and focused on delivering outcomes. Alongside that victim-centred approach, the Bill contains important protections for veterans. The overwhelming majority of those who served during Operation Banner—we have gratitude for them—did so with courage, professionalism and distinction. I welcome the statutory duty to avoid the unnecessary duplication of previous investigations—the rinse and repeat clause—as well as new clause 32, which recognises the operational circumstances in which veterans served. These amendments provide real clarity for some things that were in the Bill already but were needed to provide assurance.
I welcome amendment 240 and new clauses 45 and 46, which protect veterans from inappropriate cold-calling by requiring contact to be made through the Ministry of Defence. The provisions protecting older witnesses are also sensible and proportionate, and a result of many conversations with veterans groups. Supporting victims and protecting veterans are not competing objectives—there needs to be a careful balance, and a credible legacy framework must do both. It was never going to be easy, but the Bill achieves that balance.
The Secretary of State has reiterated in this debate that there can be no moral equivalence between those who served lawfully in our armed forces and police service, and those who carried out acts of terrorism. The IRA, the Ulster Volunteer Force, the Ulster Defence Association and the Irish National Liberation Army were responsible for the overwhelming majority of deaths during the troubles. Nobody involved in such acts should receive immunity from accountability. I therefore welcome the removal of the previous Act’s immunity provisions and the restoration of routes to accountability under the rule of law.
I also welcome the greater consistency and oversight sought through new clauses 49 and 50. However, on new clause 50, which would require the Attorney General’s consent for serious troubles-related prosecutions, victims and survivors have raised with me concerns about independence and how the safeguard will be perceived. Will the Secretary of State reassure the House that the new clause will not create the impression that there is a special hurdle for Crown-related cases, and that prosecutorial—that is a hard word; I must practise it more—decisions will continue to be taken independently, and will be applied equally to all those under investigation? This is about being equal under the law.
I might as well answer that now: yes, completely. That was recommended by the Joint Committee on Human Rights. It is important to note that the Attorney General, who is also the Advocate General in Northern Ireland, would have only a quasi-judicial function, and would use precisely the same prosecutorial process as they would for any other prosecuting decision.
Fleur Anderson
I thank the Secretary of State for that helpful clarification, which will be welcomed by many of the victims and survivors I have spoken to.
More than 25 years after the Good Friday agreement and 12 years after the Stormont agreement, Northern Ireland has been transformed, as I saw time and again, and as I see now. Growth is much higher than in the rest of the UK and unemployment is lower; there is much to build on. However, too many families still carry the burden of unanswered questions, and that holds Northern Ireland back in many ways. We cannot change the past, but we can ensure that the passage of time does not become the final barrier to truth. I also welcome part 4 of the legacy Act. It has been mentioned only one other time in the debate, but it is a really important part of the legislation.
I support the Government’s approach, because it offers the best chance in a generation to deliver what victims and families have sought for far too long: answers.
In the seven years that I have been a Member of this House, I do not think that I have been in a more respectful, positive and high-quality debate. There have been some absolutely outstanding contributions from across the House. I am not going to reach that standard, but I am proud to participate in the debate. I particularly acknowledge the contributions made by colleagues from Northern Ireland. Having visited a number of times recently, I can attest that they do politics pretty well there; there is a standard of speech-making that reflects the seriousness of politics there, and we have all benefited from that this evening.
My observation about the Bill and the amendments brought forward by the Government is that they essentially still fail on a core moral principle, which I will come to. The amendments that have been adduced as improving the Bill and addressing the concerns that have been raised do not, I am afraid, offer new protections. Many of them relate to measures that are already in force and could be applied, particularly those on the opportunities for anonymity and remote hearings.
The amendments and the new clauses are mostly simply important moral statements of what should be obvious. In particular, new clause 32 states that there is no equivalence between terrorist action and legal actions. It is extraordinary that it needs to be said that “a relevant person” in an inquest or proceedings
“must have regard to…the fact that force may lawfully be used to prevent unlawful violence”.
And what a thing to need to say that lawful action is not equivalent to terrorism! Why would that have to be stated in law, unless the Bill might be thought to suggest the opposite—that the law as it stands, and the Bill, could imply that equivalence?
At the heart of why the Bill remains inadequate is the essential imbalance in the legal procedures that the legacy of Northern Ireland applies. I pay tribute to a group of veterans I met recently—some special forces and some others—led by Dr Robert Parr, an academic at Oxford who was a Royal Marine and in special forces. He has written a very powerful paper that makes the simple point that the legal system—this is not addressed by the Bill; in fact, the Bill consolidates it—
“privileges the claims of former paramilitaries over those of the men and women who served the Crown”.
Of course, that is not intentional—the intention is to provide equity and parity—but the problem is structural.
The fact is that only a 10th of the deaths that happened during the troubles were caused by the security services, but it is men and women in uniform who must bear almost the whole institutional burden under the law as it stands, and that will not change under this Bill. The IRA and other paramilitary organisations got letters of comfort, early release and pardons. They had their weapons decommissioned without any forensic testing being done. Meanwhile, the British Army kept its records—indeed, it operated under the chain of command. It had accountability built into the work that it did; in fact, it had all the elements that made its decisions as safe as possible, as a military operating under the laws of a democracy. It is those elements that are now used against the Army, and that is the structural imbalance we face. That was apparent right at the beginning, when the Good Friday agreement was being implemented.
A letter has been released recently from John Reid, the Northern Ireland Secretary in 2001. He was writing to Tony Blair, the Prime Minister, and he made it clear that the proposed arrangement, in which an amnesty would be offered to terrorists but not to British veterans, was asymmetric and unjust, but that for reasons of political necessity, that is how it had to be. As Dr Parr has pointed out, the asymmetric exclusion of the security forces was therefore not the product of principled legal reasoning or an honest assessment of comparative culpability; it was the price of republican acquiescence in a political settlement. Just consider the insult that that represents to our soldiers.
I pay tribute to and honour the point that the right hon. Member for Rayleigh and Wickford (Mr Francois) made. Our soldiers beat the IRA to a standstill. They fought it to the negotiating table, and then they had to take the final indignity, which is that they, not the IRA, would face the threat of the law and of prosecution.
(3 weeks, 3 days ago)
Commons Chamber
Fleur Anderson (Putney) (Lab)
I am voting in favour of the carry-over motion, because we need to debate the Bill, and to have the Bill. We need to have it for the future of peace in Northern Ireland. Not only are the victims of terror attacks looking at the Bill—many are in the Public Gallery—but the eyes of the world are on us. This is an international issue. We have shown the way by bringing peace to Northern Ireland through the Good Friday agreement—one of the proudest legacies of the Labour party—and the tireless work of community activists, Members in this Chamber and those from different parties in Northern Ireland, representing a future full of peace.
To have that future, however, we need to understand the past, and there are over 1,000 families who have not got answers about what happened to their loved one. For those families, that is a pain that is almost too hard to tell. They do not know what happened in the last minutes of their loved one’s life, who committed those atrocities, and in many circumstances, where they are. That pain is being passed on to future generations, who they are understandably worried about.
Today I met members of the WAVE Trauma Centre community in Belfast. Sandra Peake and WAVE do an amazing job of addressing the continuing trauma. They enable us politicians to hear from some of the families. Those stories were hard to hear, but I will share some of the words spoken, because I support the carry-over motion on their behalf. One victim said:
“It is important to get legacy right now or it will keep affecting our children and future generations”.
They said it was important to debate the motion and have the right product set up,
“so that we can move on.”
Another person said,
“My mum has been fighting for decades and passed it on to me, but she should have the answers before it is too late.”
Someone else said,
“I would really like the truth. Who was responsible.”
Another said, “People need the truth.”
People have been researching what happened, in some cases for 20 years or more. They know some of the names and have begun to piece some of it together. There is always the concern that there might be an investigative journalist knocking on the door with some of the answers, but with no actual investigation to back it up with and to say what really happened.
Robin Swann (South Antrim) (UUP)
I am listening to the powerful message that the hon. Lady is giving. Is she concerned that in moving away from ICRIR and the work that has already been done and moving to a commission, trust and the search for truth will be lost and some families, veterans and victims may be put off the process because they see yet another body?
Fleur Anderson
I really welcome that question. I think that the Bill will enable us to build on the work of ICRIR and that it will prove itself. If the Bill is not agreed to, investigations will not go forward at the pace that they need to, and then justice is stopped. I think that more families will come to the commission in its new and improved form, and then more families will have answers.
If we do not approve this carry-over motion and pass the Bill behind it, we will not see an improvement to the commission and it will not be able to continue doing its work. Too many court cases have been stopped because of the Conservatives’ legacy Act. Too much justice has been stopped. More than 1,000 police investigations, including investigations into the deaths of over 200 members of our armed forces and civilians, were stopped. That Act failed to win the confidence of families and victims. It shut down civil claims and halted inquests. Now we need the good work of peace and reconciliation to go ahead.
At the same time, the Government have rightly recognised the need to protect veterans. I pay tribute to the former Secretary of State and the current Secretary of State for their work in delivering that. The overwhelming majority of those who served during Operation Banner—several of my constituents have come to talk to me about what they did—served with courage, professionalism and distinction in extraordinarily difficult circumstances. The Bill’s protections against unnecessary repeat investigations, recognition of operational realities and safeguards for witnesses will help to ensure fairness for those who served our country honourably.
More than a quarter of a century after the Good Friday agreement, Northern Ireland has made extraordinary progress, as I have seen for myself. But for far too many families, the shadow of the troubles remains. We cannot change what happened or undo the enormous suffering that was inflicted, but we can ensure that families have the best possible chance of discovering the truth. That chance will continue to wither away if there are more delays, because it will be harder to get the evidence, talk to witnesses and get to the truth.
This Government have chosen not to look away; they have chosen to act. I therefore welcome the carry-over motion, the Bill that will follow and the commitment that it represents to victims, survivors, families and the whole of the Northern Irish community that there can be justice.
(5 months ago)
Commons Chamber
Peter Swallow (Bracknell) (Lab)
Fleur Anderson (Putney) (Lab)
Phil Brickell (Bolton West) (Lab)
I agree with my hon. Friend that seeking to give immunity to terrorists who committed the most terrible crimes, including the killing of police officers, soldiers and many members of the public, was profoundly wrong. It is also wrong in principle. On the remedial order, now that we have the Dillon judgment we will be bringing it forward as soon as parliamentary time allows.
Fleur Anderson
The Supreme Court found wholly in the Government’s favour. Does the Secretary of State agree that the Government now have a responsibility to put in place legislation that delivers justice for victims and survivors of the troubles, who are both civilians and veterans, and that upholds the special duty of care to veterans?
I do indeed agree with my hon. Friend—that is exactly what the troubles Bill will do. It is essential to build confidence across all communities, which the legacy Act failed to do, to put in place protections for our veterans and to enable all families who are seeking answers to request information through a reformed legacy commission.
(7 months, 2 weeks ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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Fleur Anderson (Putney) (Lab)
It is a pleasure to serve under your chairship, Dame Siobhain; I wish you a happy St Patrick’s day. I thank the Chair of the Northern Ireland Affairs Committee, my hon. Friend the Member for Gower (Tonia Antoniazzi), for securing this debate and choosing this topic, and I commend her and the Committee for their solid work. Their useful report brings together many different aspects of the Government’s work on this issue, and gave a platform to so many victims, organisations and voices that are often not heard in this place to talk about the impact it has on them, what they think about the current work and what they hope for in future.
This Friday is the anniversary of the 1993 Warrington bombing, when Tim Parry and Johnathan Ball—two children—were killed and 54 people were injured. Not a week goes by, in Northern Ireland and elsewhere, when we do not remember the victims. They are the people we should have in our minds when we talk about the troubles, and about legacy and reconciliation. Secretary of States do not often come to Westminster Hall, so I welcome the presence of the Secretary of State, who I know has taken a personal interest in righting the wrongs of the previous Government’s legislation, and in what that can do for society in Northern Ireland, both now and for future generations.
It is important to remember what this is fundamentally about; I could see that it was on the minds of all Committee members throughout the inquiry. More than 3,500 people, across Northern Ireland and in towns, cities and military barracks across England, died in the troubles. They included nearly 2,000 civilians and more than 1,100 members of our security forces. Nearly a third of those deaths remain unsolved, and a great many victims and families, some of whom I had the privilege of meeting when I was a Minister, are still seeking answers. Their questions remain with me. I will never forget sitting in the WAVE Trauma Centre in Belfast and talking to victims, who, so many years later, have so many questions and just want to know what happened to their loved ones.
Alex Ballinger (Halesowen) (Lab)
My hon. Friend is delivering an excellent speech. Does she recognise the fact that there are also 200 service families among those victims who are seeking answers, and that the Bill will help to address that issue at the same time?
Fleur Anderson
I absolutely agree, and my hon. Friend makes a very good point: this also includes service families. No matter what family someone comes from, it is a huge loss. These are people missing from family tables, about whom there are still questions, and it is a trauma not to know what happened—that is what this legacy legislation aims to resolve. We are so many years on, and there is so much investigating yet to do. I understand that many people simply want to know how their loved ones died.
The ICRIR is taking forward 100 investigations, some of which Peter Sheridan listed in his evidence to the Committee. Those include the deaths of Alexander Millar in 1975; Seamus Bradley, a 19-year-old; Rory O’Kelly in 1977; Kathleen O’Hagan in August 1994, who was seven months’ pregnant, and her baby also died in that attack; James and Ellen Sefton in 1990; and Judge Rory Conaghan in 1974. Those are just some of the people who died—their families have questions, and they are being investigated by the ICRIR.
The commission’s caseload also includes the 1974 Guildford pub bombings, the 1974 M62 coach bombing, the 1976 Kingsmill massacre, and the 1979 Warrenpoint massacre, which was the deadliest attack on British forces during the troubles. We must ensure that those investigations can progress and deliver answers for families, and that all communities can have confidence in the commission, as trust was also a key element of the evidence given in the report.
The last Government’s legacy Act had no support in Northern Ireland, and it is clear why that was the case. It shut down the right of individuals to pursue a civil case, whether against the state or perpetrators of terrorism. It cruelly stopped a number of inquests midway through, and it ended over 1,000 police investigations in Northern Ireland and England, including those into the deaths of more than 200 UK service personnel, as my hon. Friend the Member for Halesowen (Alex Ballinger) highlighted.
The Act was also widely opposed in Northern Ireland by political parties and victims and families. In November 2025, Sandra Peake—the chief executive of the WAVE Trauma Centre—wrote to all MPs, and she also gave very powerful evidence to the Committee for the report. In her letter to MPs, Sandra said:
“The then Government wanted to draw a veil over the past but there isn’t a veil thick enough to hide the blood and bones of murdered loved ones or to muffle the cries of their families.”
The arbitrary ending of troubles-related inquests, and closing the civil action route to justice, confirmed the belief that the interests of victims were not only not on the agenda, but had not even made it into “Any other business”.
Leigh Ingham
I, too, met victims at the WAVE centre when I was on the Northern Ireland Affairs Committee. When I read the letter that my hon. Friend just mentioned, this comment really resonated with me:
“Whatever the then Government’s intention, the result would have been that terrorists who carried out the most egregious crimes imaginable would be able to walk free if they told their story”.
They felt like that was too much, so does my hon. Friend agree that the Government are right to address this issue for victims who have come forward?
Fleur Anderson
I absolutely agree; it was just too much even to ask or encourage more people to come forward—if they did come forward, there would be no justice. The families of victims often see those people in their local supermarket; they are living in their communities, but the families know that there is no hope of them ever having justice. That is too painful to contemplate.
Like the report, I welcome the fact that the Government have taken a very different approach. I know that the Secretary of State engaged widely on the drafting of the Bill with victims’ groups, families, veterans and other affected parties, and I was pleased to play a part in those discussions. The troubles Bill will restore civil cases and enable the resumption of halted inquests. It will mean that legacy cases are dealt with sensitively and efficiently through a reformed legacy commission, with the fullest possible disclosure of information to families. Rather than making false promises to our veterans, as the legacy Act did, the Bill will put in place six genuine protections for any veteran who is asked to give information, and nobody who carried out acts of terrorism will be given immunity.
We should be clear that it was terrorists—the IRA, the Ulster Volunteer Force, the Irish National Liberation Army and the Ulster Defence Association—who were responsible for the vast majority of deaths during the troubles. It is right that where there is evidence of criminality by anyone, those responsible should be held to account. Frankly, it is shocking that many Opposition Members disagree and would prefer to grant immunity to those who carried out the most heinous acts of terrorism on UK soil.
The Government agreed information-sharing commitments with the Irish authorities under the joint framework announced in September. I welcome the fact that the Select Committee visited Ireland before and during the compilation of the report. The agreement is unprecedented and could be hugely significant in enabling answers to be found for families once the new legacy commission is established.
I am glad that the report highlights the powers of the Secretary of State, the definition of a family member, and the need to listen to victims, listen again and keep listening. These are people who have lost trust in the system. Slowly but surely—through the Government’s actions and the actions of organisations such as the South East Fermanagh Foundation, WAVE and so many others working in mental health across Northern Ireland—the trust of families has been built up. But they will need to see good outcomes.
I welcome the increased funding for the commission and the PSNI, and the reiteration of the need for speed in this work. As has been pointed out many times, many of the family members are now elderly. They are seeing out the end of their days and just want the answers they seek in time.
My hon. Friend is making a powerful speech, and she was an excellent Minister in her own right. Will she join me in paying tribute to Councillor Tommy Judge, who has been the Labour councillor for Sharston ward in my constituency for many years, and who was a victim of the 1974 bus bomb? He is standing down after many years of public service, but he will carry that with him, in his retirement, to the end.
Fleur Anderson
I thank my hon. Friend for mentioning Tommy Judge, the work he has done and all that he has lived with throughout his life. My hon. Friend and I have met many other people across England who are working to support victims and survivors in Great Britain, as well as in Northern Ireland.
The report ends on a cliffhanger. It ends by talking about wider reconciliation, which is very important, because the legacy legislation is just part of a piece of wider work that needs to be done that is important for reconciliation. When I have been to Northern Ireland, I have asked many times: “What is reconciliation? What does it mean? What will be the outcome? What will it look like?” It means different things to different people. Some people do not want reconciliation; for some people, reconciliation means answers; for some people, it means the ability to live together in a community peacefully; and for some people, it means good jobs, education and opportunities, and hope for the future.
With the world watching the peace process in Northern Ireland, this work could not be more important. It is a beacon of hope for people in other conflicts around the world, who look to Northern Ireland and say, “It has been possible in Northern Ireland,” and who look to the ways in which we continue to build that peace, bit by bit. It is hard, and we are seeing how hard it is, but the ultimate aim must be for communities to be able to live and thrive peacefully together, and to reduce the generational trauma—to reduce the amount that is passed down to future generations.
I hope that future Select Committee reports will look at other aspects of reconciliation, including integrated education, which is an absolutely necessary part of bringing together communities, especially young for people. Just living and working together in a school all the time is so important, as has been reiterated to me so many times by parents and peacemakers in Northern Ireland. I am sure the Committee will consider that aspect too.
Having made that recommendation for future reports, I congratulate the Committee on the report we are debating, on the work the Committee has done, and on how influential I am sure the report will be on the work done not only by the Government but by many organisations and people across Northern Ireland.
I thank the Northern Ireland Affairs Committee for its work. The Committee is always incredibly thoughtful and diligent in the prosecution of its duties, and the report has been very interesting. I will try to resist the opportunity to re-litigate the whole troubles Bill and the argument around the legacy Act in the next 10 minutes, rather than focus on the report. However, it is important that hon. Members remember how the legacy Act came to be, and how the previous Labour Government treated the whole issue of the peace process.
The idea of immunity was good enough for the Labour Government in 1998—indeed, it was fundamental to the legislation that fell within the peace process. I think of the two-year limit on sentences that my right hon. Friend the Member for New Forest East (Sir Julian Lewis) referred to, but also of the legislation regarding bodies that had been buried, and about the destruction of weapons where forensic evidence was destroyed. Those were all forms of immunity, and it is why—this is the point raised by the hon. Member for South Antrim (Robin Swann)—an appeal to the Supreme Court could easily have been successful. Very experienced legal advice shows that that would have been the case, so it was wrong of the Government to drop it.
The Government have decided that they are opposed to immunity, but they were not opposed to immunity in 1998. They were not opposed to immunity in 2005, when Peter Hain brought forward a Bill that would have given immunity only to former terrorists. Only under enormous pressure from the House, which decided that it would have to introduce immunity for soldiers as well, was that measure dropped under pressure from Sinn Féin. The Labour party has a very selective memory on those issues.
Fleur Anderson
In 1998 immunity was in the Good Friday agreement, and the whole population got to vote on that, and on whether or not they agreed with that immunity—it was very controversial. There was no vote on whether the population agreed with immunity in the legacy Act. In fact, all the democratically elected parties lined up to oppose that immunity.
It applied to only one side, and over time that one-sidedness became apparent to lots of people, including veterans. That is why it was important. In 2005, there was no democratic mandate for what the Labour Government tried to do to give immunity to terrorists. What we are trying to do, and what we tried to do in our legacy Act, is rebalance the argument, and in so doing bring about the sort of process that my right hon. Friend the Member for New Forest East spoke so powerfully about. The adversarial system will not bring about proper truth and reconciliation, and it will not encourage people to come forward with new information. Instead, it will reopen old wounds and allow for the continuation of the troubles by other means. For that very important reason of principle, we cannot support the legislation.
To return to the report issued by the Northern Ireland Affairs Committee, I will quickly pick up on four areas. On the consideration of the ICRIR, I pay tribute to Sir Declan Morgan, who has been an excellent head. Every time that I have heard people question the ICRIR’s independence, I have felt the need to come to Sir Declan’s defence. Anyone who has met him and seen his work will know that he is thoroughly independent, and woe betide any politician who tried to lean on him.
The argument that the ICRIR has struggled to build the trust and authority needed to operate effectively is already outdated. As of 30 November 2025, 231 requesting individuals had approached the commission, 245 cases were recorded, and 110 investigations had been opened into a total of 188 deaths and five cases of serious harm. Those numbers were growing every month. Indeed, the more time that the ICRIR was given, the more public trust it gained and the more its work was flourishing. Now, just as it is getting going, it is going to be cut off at the knees. I was pleased that the report mentioned the Northern Ireland Court of Appeal finding in 2024, which said,
“we find that these arrangements do not of themselves offend the principle of independence given the fact that ICRIR is ultimately made up and staffed by independent investigators and decision makers including the commissioners.”
I would much rather that the ICRIR was being given time.
It is clear that there are no explicit or particular protections for veterans in the Government’s legislation, and I was pleased that the Committee said that the Government were overselling that claim—indeed they are. No armed forces bodies believe that these protections are sufficient. Contrary to what the hon. Member for Wimbledon (Mr Kohler) said, many veterans’ groups are concerned that the Government are moving away from the policies established by the Conservative party in power.
On the subject of Ireland, there were very powerful contributions from the hon. Members for South Antrim and for Strangford (Jim Shannon). We all want this element of the Government’s arrangements to work, but we must remain sceptical, not least because of the Republic’s long-standing failure to produce the goods in this area. As the Northern Ireland Affairs Committee outlined on page 85 of its report, equivalent legislation structures are not expected. The hon. Member for Gower (Tonia Antoniazzi) used a wonderful phrase, stating that there is a lack of “practical outworkings” in this area, and indeed there is. With all due respect to the Secretary of State, it was a dreadful missed opportunity that the framework did not include a commitment from the Republic to start its own Omagh inquiry. That was the most wicked attack of the whole troubles, and it is shameful that there are only investigations into what the British state could have done to prevent it, rather than investigations into the people who committed that dreadful atrocity.
I was pleased that the Committee referred to costs, as did several other hon. Members. The PSNI estimates that it will need an extra £1 billion over the next 10 years to cope with the new caseload. The legacy commission is seriously underfunded for the additional caseload that it will acquire as it transitions from being the ICRIR. Without that money, there will be a huge backlog in the caseload of the legacy commission, and there will also be a reduction in frontline policing in Northern Ireland. That is unacceptable. We strongly disagree with what the Government are doing, but if they are going to do it, they must make the money available to ensure that public services and institutions in Northern Ireland function properly. Finally, I ask the Secretary of State one quick question: when will we see the Bill again?
(9 months, 2 weeks ago)
Commons ChamberI beg to move,
That the draft Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Remedial) Order 2025, which was laid before this House on 14 October 2025, be approved.
As every one of us knows, Northern Ireland continues to live with the legacy of the troubles. Over 3,500 people lost their lives during that period of brutal violence, including almost 2,000 civilians and over 1,000 people who were killed while bravely serving the state. We owe them, and always will, a huge debt of gratitude. Ninety per cent of all those who lost their lives were killed by paramilitaries. Each person was someone’s father, brother, sister, mother or child; each one a tragic loss of life.
In 1998, the people of Northern Ireland chose to leave this legacy of violence behind them when they voted for the Good Friday agreement, but for too many families of the victims, questions remain as to why their loved ones died and at whose hands. There have been many efforts to address the legacy of the troubles since, including the Stormont House agreement, reached between the last Government and the Irish Government in 2014, and, most recently, the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.
It is now beyond doubt that that last attempt—the legacy Act—whatever its intentions, fundamentally failed. It failed because it has been found in many respects to be incompatible with our human rights obligations; the legislation simply did not work on its own terms. But even more importantly, it failed because it did not command any support in Northern Ireland among victims and survivors or the political parties.
Fleur Anderson (Putney) (Lab)
I commend the Secretary of State for the careful and thoughtful work that he has done to bring the House to this place today. Does he agree that, with this remedial order, he is doing the right thing for victims? That means ordinary people, including veterans and the wider armed forces community, all of whom were injured or lost loved ones. They are the people we have in our minds today. It was the Conservatives’ bad legislation that led us to have to pass a remedial order, for only the 11th time since the second world war. Does he agree that—
Order. This is a very long intervention. Many speakers wish to get in this afternoon, so I urge Members to keep interventions short.
(10 months, 2 weeks ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
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I have many meetings with Irish Ministers and discussions with the Tánaiste and the Taoiseach. My most recent meeting was with Helen McEntee, who has just taken over from Simon Harris at the Foreign Affairs Ministry. I very much welcome the fact that the Irish Government have announced that they are preparing to draft the legislation, as Simon Harris had committed to do while standing next to me, in time for the next hearings of the Omagh bombing inquiry. That is evidence that the Irish Government intend to fulfil the commitments they made in the joint framework.
Fleur Anderson (Putney) (Lab)
I commend the Secretary of State for the care that he is taking to work as fast possible for the victims, survivors and veterans families, who need to hear answers, while making sure that this is legally correct. I echo the comments about the South East Fermanagh Foundation quilts, which remind us of the need to get those answers for families. Can he confirm that he is as concerned as I am that the Opposition are just interested in making political points rather than really building peace, which is what we need to do together as Members of the House? Will he confirm that the remedial order removes what would have been immunity for terrorists?
I think that all Members of the House have a shared commitment to trying to ensure that the peace that Northern Ireland has enjoyed since the signing of the Good Friday agreement is maintained—I think all of us do. We have a difference of view in some respects about the right way of seeking to do that, and I am always willing to be challenged on the arguments that I put on behalf of the Government and to challenge the arguments that I hear from the Opposition Front Benches. In the end, we know that we have to deal with this, because the last bit of legislation, whatever its intentions, failed to achieve its purpose. It did not command support in Northern Ireland, and that is why we have to make progress.
(11 months, 2 weeks ago)
Commons ChamberI do not agree with that assessment. There is nothing in this Bill that can be described as a direct threat to national security. I also note—[Interruption.] It would be good if the right hon. Gentleman would acknowledge this point. I note that those generals did not call for immunity. Maybe those on the Opposition Front Bench would like to reflect upon that.
No; I am going to have to finish, because many people want to speak.
Part 5 makes provision for the inclusion of personal statements, allowing families to describe what the death meant to them. The commission will have the power to refer troubles-related criminality by police officers to the ombudsman for Northern Ireland. Part 6 puts in place the necessary provisions to set up, on a pilot basis, the Independent Commission on Information Retrieval, as originally proposed in the Stormont House agreement. This will be an international body established jointly with the Irish Government to give families an additional means of retrieving information. Any information disclosed by individuals to the ICIR will be inadmissible in criminal and civil proceedings. Part 6 also includes provisions to ensure that the work of the ICIR does not impede on criminal investigations.
The Government have long been committed to restoring the troubles-related inquests that were halted by the legacy Act, which is why, under part 7 of the Bill, the inquests that were in progress prior to 1 May 2024 but subsequently halted will resume. Inquests that had been directed by the Attorney General but were not in progress will be subject to an independent assessment by the Solicitor General as to whether they are most effectively progressed in the Legacy Commission or the coronial system, and the Solicitor General will have regard to three statutory criteria.
I turn to part 8 and to the point raised earlier about interim custody orders. In short, these provisions seek to address the interpretation made by the UK Supreme Court in R v. Adams, regarding the application of the Carltona principle, with which this Government—and indeed the previous Government—disagreed. That principle is vital for Government, and it is right that it should be protected, including by dealing with what are considered incorrect inroads into it. Clauses 89 and 90 put it beyond doubt that the Carltona principle applied in the context of interim custody orders, by stating that any order made by a Minister of State or Under-Secretary of State is to be treated as an order of the Secretary of State. I refer the House to a written ministerial statement that I have today laid in Parliament setting out in greater detail the Government’s position on that matter.
The Bill will leave in place part 4 of the 2023 Legacy Act, meaning that the important provisions relating to oral history, academic research and the memorialisation of the troubles remain intact. Those measures stem from the Stormont House agreement and have been widely supported in principle. Part 8 of the Bill will also require the commission to produce and publish a historical record.
Separately, part 8 also allows any conduct that does not meet the definition of serious or connected troubles-related offences in the Bill to be investigated by the relevant police force. As a result, potentially serious offences, including sexual offences, will always have a route to investigation should evidence come to light.
Part 9 deals with general matters in relation to the Bill such as various definitions and its commencement.
I will bring my remarks to a close. I am acutely conscious that, for many families in Northern Ireland, time is running out. With every year that passes, memories fade, witnesses are lost and crucial evidence grows weaker. That is why the Government have to fix the mess that we inherited. But what is this really about? It is about those who continue to live with the pain of what happened to them or to someone they loved. We know that the overwhelming majority of those who were killed died at the hands of paramilitaries, and, as the hon. Member for Lagan Valley (Sorcha Eastwood) so powerfully reminded us just over a month ago, the people who died were not in the wrong place at the wrong time; it was the terrorists who were in the wrong place doing the wrong thing.
We must be clear that terrorism is always wrong. Although we must recognise that the vast majority of those who served in Northern Ireland did so with distinction and bravery, in the words of apology offered in this House by the former Northern Ireland Secretary Brandon Lewis following the Ballymurphy inquest,
“it is clear that in some cases the security forces and the army made terrible errors too.”—[Official Report, 13 May 2021; Vol. 695, c. 277.]
I believe that this legislation represents our best and possibly final chance to fulfil the unrealised ambition of the Good Friday agreement. I accept that nobody will like everything contained in the Bill, as is inevitable given the differing views held by many. If fixing legacy was easy, we would not be discussing it 27 years later.
Let me read from a letter that the Commissioner for Victims and Survivors for Northern Ireland has sent me about our approach, which he says has been received
“with cautious optimism by victims and survivors.”
He goes on to say that we—he is talking about all of us—should
“get a move on rather than waste more precious time”,
and encourages all of us as parliamentarians
“to continue to show courage and determination to deliver for victims and survivors.”
It is no wonder that he refers to caution, because victims and survivors have been let down so many times before. That is why it is now our responsibility to take this forward.
I will continue to talk to victims and survivors, veterans and others, and colleagues in all parts of the House, during the passage of the Bill to consider where amendments might further improve it. Equally, I hope that all who seek a fair and effective way forward will recognise that the Bill represents a fundamental reform of current arrangements, and that it should be given a chance to succeed. I commend the Bill to the House.
I thank my right hon. Friend for his intervention; I remember that he made a similar intervention in 2017, and again in 2023, on just that point, based on the work his Committee had done.
The Secretary of State has now introduced a draft remedial order to eliminate those parts of the Bill that are deemed to be incompatible. As he knows—I have written to him twice on this subject—the official Opposition do not believe that that remedial order is appropriate, and certainly not yet. That is because earlier this year the Northern Ireland Veterans Movement was granted permission to intervene in the case of Dillon before the Supreme Court, specifically on the issue of compatibility. On 15 October that intervention was heard, and if those arguments are accepted, the Supreme Court has the power to quash the declarations of incompatibility.
That means that the Secretary of State has no legal basis at this time for that remedial order. He has acted—or rather, if he pushes it to a vote, he will be acting—ultra vires, because under section 10 of the Human Rights Act the Government can only issue such an order unless and until all appeals in relation to the declarations of incompatibility have been “determined or abandoned”. In this case, they have not been, and the Government must not call a vote on the order unless and until they have been. I hope that the Minister will offer some clarity on the next steps during his closing remarks.
The Conservative party has been clear: the European convention on human rights should no longer be considered an obstacle to doing the right thing. It is not a holy text, and its jurisprudence is forcing Governments to do unholy things. Since legal advice of the highest order has now twice shown that the United Kingdom can leave the convention without breaking the 1998 agreement, this is what the next Conservative Government will do.
The current Government have previously said that they have to legislate because the legacy Act did not have cross-community consent, but where is that cross-community consent today? It does not exist. If there had been a cross-community solution on legacy, Stormont would have found it. I suspect that no solution is to be found, which means it is the responsibility of this House to protect those now abused by the system. The Bill will fail to do that. It will not help victims to find out the truth. It will not give comfort to our veterans. It will reopen old wounds and allow infection to come in.
Fleur Anderson
The hon. Gentleman has talked about doing the right thing, but is not doing the right thing getting justice for over 1,000 families, including 200 veteran families, who have waited too long for answers about their loved ones? Putting victims at the heart of this process would be doing the right thing—getting on with legislation that will deliver the justice needed, instead of the delays and dithering that the Conservatives’ legacy Act provided?
With all due respect to the hon. Lady, who I enjoyed working opposite, the last Government did not offer delay and dithering; we offered firm legislation. What she outlines, I am afraid, is an unrealistic view of the future. We have seen many cases come forward and very few convictions, and the people who suffer in that process are veterans. They are veterans like the gentleman I referred to a moment ago, from a case in 1991—four years of investigation, with a ludicrous case at the end. What is happening today is that victims are being promised something that will never be delivered, and veterans are being told that they do not matter.
(1 year ago)
Commons ChamberI welcome the hon. Gentleman to his new role, and I genuinely look forward to working with him on these and other matters, given his interest in Northern Ireland, which is shared right across the House.
Let me turn to his three specific questions. First, no legislation can enable people to feel reconciled in some way to what happened. In the end, reconciliation has to come from within. The title “reconciliation” will not be in the new name of the legacy commission, because it is a consequence of a process that we are trying to put in place, if families can find answers. I urge the House to concentrate on that, because that is what this is all about—trying to enable families to find answers. Secondly, I did draw attention to the safeguards in my statement, and when the Bill is published later, the hon. Gentleman will be able to see how they are given legal expression.
Lastly, on the hon. Gentleman’s point about prosecution, I would simply say that people have made one or two comments in these discussions about politically motivated prosecutions or vexatious prosecutions. I think it is very important that the House upholds the integrity and independence of the prosecutorial authorities. A fundamental bedrock of our legal system is that independent prosecutors make such decisions, and to suggest that they are in any way politically motivated is in my view profoundly mistaken.
Fleur Anderson (Putney) (Lab)
I pay tribute to the Secretary of State, the Defence Secretary and the Minister for the Armed Forces for working so hard to achieve this new phase of the peace settlement in Northern Ireland. As we celebrate peace starting in the middle east, this statement is a reminder of how long it takes to build peace and how important justice is for peace. Does the Secretary of State agree with me that by shutting down investigations, including into the deaths of more than 200 Operation Banner soldiers, without an adequate alternative, the unlawful legacy Act failed so many families and victims of the troubles, and the mess had to be undone?
I thank my hon. Friend for her question, but above all for her great service in the Northern Ireland Office. It was a real pleasure to work with her, and she did so much during her time in the Department.
I do agree with my hon. Friend, because those service families want to find answers. Some time ago, I met the family of Tony Harrison, who served and was murdered in Belfast. His mother and his brother told me how outraged they were by the legacy Act, because it proposed that those who had killed her son could get immunity from prosecution. It is so important that we put that misguided approach on one side, so that all families—service families and others—can find answers.
(1 year, 3 months ago)
Commons Chamber
The Parliamentary Under-Secretary of State for Northern Ireland (Fleur Anderson)
I am grateful to the hon. Member for North Dorset (Simon Hoare) and my hon. Friend the Member for Gower (Tonia Antoniazzi) for bringing this matter before the House. I am also grateful to you, Madam Deputy Speaker, for allowing the motion to be debated, and to the hon. Member for North Dorset for his careful explanation of the procedure involved. I thank everyone who has worked together to enable this motion to come before this House, with nothing but a desire to support the Omagh inquiry.
The Government are very supportive of the motion. Should it be agreed, the Government will await the work of the Committee of Privileges with interest.
Question put and agreed to.
(1 year, 4 months ago)
Commons Chamber
The Parliamentary Under-Secretary of State for Northern Ireland (Fleur Anderson)
I take every opportunity to promote investment into Northern Ireland, and our tech companies in particular. I recently spoke at the Big Data conference in New York and at London Tech Week to highlight our cutting-edge companies in Northern Ireland. I held a roundtable with tech business leaders and visited Catagen in Belfast just last week to talk about the industrial strategy and the ways that we can boost investment and growth.
Steve Yemm
I wonder if the Minister might outline the many good reasons for technology companies to invest in Northern Ireland and tell us what she has done to promote that great opportunity?
Fleur Anderson
I welcome the opportunity to promote Northern Ireland’s tech companies here in the Chamber today. More than 1,500 international companies have set up operations in Northern Ireland. They tell me that this is due to the Government support, the strong working between the Government and the Executive, the dual market access, the unique concentration of tech companies, the academic support from Ulster University and Queen’s University and, above all, the people. Northern Ireland has a workforce with industry-ready skills and innovation in their DNA.
Emily Darlington
Does the Minister agree that the strength of Northern Ireland’s tech sector means that it can play a huge part in becoming an AI superpower, supported by this Government? However, as we have heard in the Northern Ireland Committee, chaired by my hon. Friend the Member for Gower (Tonia Antoniazzi), there is a huge link between online safety and the rates of domestic abuse that we are seeing in Northern Ireland. Can the Minister comment on how we can support and develop the sector while keeping women and girls safe?
Fleur Anderson
We know that violence against women and girls is an epidemic, and online safety is an important part of that. Coupled with Northern Ireland being an AI superpower, as my hon. Friend rightly says, there are opportunities for AI companies, many of which I have met, to work on the tech to ensure that perpetrators are caught, that justice is done and that we ensure that online safety is taken extremely seriously. The work that will be done in the industrial strategy to promote AI work—with the new AI growth zones, for example—can ensure that we lock that in.
Tech businesses are huge in my central London constituency, and I recognise that for the UK to do well, we need London to continue thriving and for Northern Ireland and the rest of the country to succeed, too. Can the Minister assure me that the full benefits of the new industrial strategy will support companies in Northern Ireland and that this Government are generating business opportunities in every corner of the United Kingdom?
Fleur Anderson
The industrial strategy is good news for Northern Ireland. It is a bold long-term plan to give businesses and investors the certainty they need to thrive. The eight sectors of the strategy map well with Northern Ireland’s world-class strengths, including advanced manufacturing, cyber, defence, the creative industries, life sciences and financial services. For each of those, there is increased UK-wide funding opportunities and, in Northern Ireland, specific funds on cyber-security, advanced manufacturing and the £30 million of that all-important R&D investment for innovation.
Sorcha Eastwood (Lagan Valley) (Alliance)
I thank the Minister for her responses so far. Northern Ireland is indeed open for business, and I am delighted that companies are investing in my hometown. Does she agree that the Dublin to Belfast economic corridor, which includes my constituency of Lagan Valley, will play a key part and that it is a huge opportunity for investment?
Fleur Anderson
Belfast is already at the heart of the UK’s industrial strategy on cyber and tech and is leading the world. The Government have a bold vision to be, by 2035, one of the top three places in the world to invest, create and scale up a tech business. Belfast and the growth and city deals, which are at the heart of that, is an important part. I have met businesses across Belfast and Northern Ireland that are leading on this, and it is exciting to see.
Does the Minister accept, though, that poor road access from the north of the United Kingdom is one impediment to investment in Northern Ireland, and therefore another reason why we should see the A75 upgrading?
Fleur Anderson
The Secretary of State has already answered the question on the roads. It is important that we look at and address all parts of the infrastructure that are holding Northern Ireland back in any way.
Tech businesses in Northern Ireland could take advantage of a Heathrow logistics hub. Ballykelly in my constituency has a large available land base, a seaport close by, an airport next door to it, and a railway line that runs through it. Does the Minister think that is an excellent location for such a hub and tech business?
Fleur Anderson
The hon. Member is an excellent representative for his constituency and the opportunities there. I am sure his plea and bid has been heard.
As Chair of the Select Committee and the ITV all-party parliamentary group, last night we hosted an event in Parliament with ITV and UTV there. What conversations is the Minister having with public sector broadcasters like ITV about future investment in Northern Ireland?
Fleur Anderson
Many different types of business—not only public sector broadcasters, but tech companies, fintech, cyber-security and advanced manufacturing, such as Catagen, which I met last week—are all part of the strong ecosystem in Northern Ireland. The fact that broadcasters can talk to advanced manufacturers which can talk to others makes Northern Ireland such a fantastic place to invest in, and I am glad that that is being highlighted in the House of Commons today.
Sir Ashley Fox (Bridgwater) (Con)
Britain leads the world in the gene editing of crops. This technology enables our farmers to produce disease and drought-resistant crops, reduce costs and increase food production. The UK-EU trade agreement means Britain has to follow EU rules on sanitary and phytosanitary laws. Will the Minister give the House an assurance that the agreement will not slow that technology in Britain?
Fleur Anderson
That is why the Secretary of State has been extolling and making clear how important the SPS agreement is. We are not taking our foot off the pedal in any way towards that. It is not only agri-science, but life sciences that are leading the way for Northern Ireland and the UK and across the world. We want to ensure that we continue to support them in every way we can.
Noah Law (St Austell and Newquay) (Lab)