Oral Answers to Questions

Gagan Mohindra Excerpts

Wednesday 26th February 2025 Commons Chamber

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

6. What steps he plans to take to replace the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

[Mr Gagan Mohindra (South West Hertfordshire) (Con)]

11. What steps he plans to take to replace the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

[The Secretary of State for Northern Ireland (Hilary Benn)]

The approach to legacy taken by the last Government was wrong. It caused immense pain to victims and survivors, and in many respects has been found to be unlawful. In December I laid a proposal for a draft remedial order to address the human rights deficiencies in the Act that had been identified by the courts, and when parliamentary time allows, I will introduce primary legislation to reinstate legacy inquests halted by the Act and to reform and strengthen the Independent Commission for Reconciliation and Information Recovery.

[Hilary Benn]

Because sections 46 and 47 of the Act were found to be unlawful, and, as the right hon. Gentleman will be aware, the case that gave rise to the attempt to deal with the problem through those sections that have now been found to be unlawful arose from a Supreme Court judgment in 2020. For two and a bit years, the last Government were unable to find a solution.

[Mr Mohindra]

Notwithstanding the Secretary of State’s response, may I ask why this Labour Government are continuing to undermine the tough action taken by the Conservative Government on individuals who have acted against our democracy and society, such as Gerry Adams, by considering repealing the Act, giving Adams and others the possibility of a six-figure payout?

[Hilary Benn]

As I said during the last Northern Ireland questions, no one wants to see that happen. We are currently working to find a lawful way of dealing with the problems that were created by the way in which the original interim custody orders were signed in 1972 and, I think, 1973. In 2020, the Supreme Court found that orders that had not been signed and considered by the then Secretary of State were not lawful.