Northern Ireland Troubles (Legacy and Reconciliation) Bill Debate
Full Debate: Read Full DebateGavin Robinson
Main Page: Gavin Robinson (Democratic Unionist Party - Belfast East)Department Debates - View all Gavin Robinson's debates with the Northern Ireland Office
(2 years, 5 months ago)
Commons ChamberThe unimaginable tragedy and grief that people in Northern Ireland experienced is understood, as much as it is humanly capable of being understood by those who did not go through it. I am sorry that I could not attend the hon. Gentleman’s meeting last night. I received the email to my parliamentary email address; I was travelling back from Northern Ireland and did not return to Westminster in time to come. I would have been delighted and humbled to come and meet those people who came to Westminster, as my right hon. Friend the Secretary of State and I have met victims’ families and victims groups across Northern Ireland in the process of getting the Bill to where it is.
One of the reasons why my right hon. Friend and I have taken the time that we have taken, as we have both said, is to get the Bill right, and to make sure that what we are proposing will work. The hon. Member for Foyle (Colum Eastwood) is absolutely right that the test of the Bill will be when the information recovery body is up and running and functioning—when people can refer cases to it and when the British state transfers to it the documents that we have at our disposal. The test will be in the delivery of that body for victims and families.
The Minister is outlining to the Committee that he wants to get this right. It is a fundamental part of scrutiny in this House that the Committee is meeting on the Floor of the House today and will meet again on Monday, and that scores of amendments have been tabled to get this right. I had a meeting with the Secretary of State on Monday, and we discussed amendments. He knows from Second Reading that there is no consequence should somebody choose not to engage in this process, and for those who do engage, there is no consequence for lying. Those amendments are before the Committee today, and the Government can engage with them. Will they accept some of them? Is there any update from the meeting on Monday?
I have listened carefully to what the Chairman of the Select Committee has said. Ultimately, it will be up to the shadow Secretary of State and his Front-Bench team to decide what to do. I share my hon. Friend’s affection—
On a point of order, Dame Rosie. For the sake of clarity and for the benefit of all Members, may I ask you to confirm that there will be a Report stage? I have listened to these exchanges, but given the timescale that we have for the Bill’s remaining stages on Monday—given that the second day of the Committee stage will end an hour before the moment of interruption—and given the likelihood of many Divisions, I expect that there will not even be time for a substantive Third Reading, let alone a Report stage.
Just in case people fall into the view that there will be enough time for a Report stage and the opportunity to table further amendments, I must express my view that that will not be the case on Monday. But I ask you, Dame Rosie, for clarification.
Report stage is currently scheduled for Monday. As I understand it, amendments would need to be tabled at the close of Committee stage on Monday, as manuscript amendments. I hope that is helpful.
Further to that point of order, Dame Rosie. In principle there can be a Report stage, but in practice, if the Committee stage runs until an hour before the end of proceedings and there are Divisions—four, potentially—there will be no time whatever for a Report stage or a Third Reading. We cannot predict what will happen with Divisions, but I am asking for confirmation that a set of circumstances could arise whereby no effective Report stage would occur.
Obviously it is difficult to predict what would happen on the day. In such circumstances, Members can all agree that they wish to allow enough time for Report stage by means of shorter speeches or fewer votes. On the other hand, I understand that it is also possible for the business managers and the Government to table a Business of the House motion that could perhaps give specific protected time to a Report stage, but that would be a decision for the Government. Again, I hope that that is helpful.
We have not made the degree of progress that we should have done, but the progress that has been made is transformative for the families and those impacted by the crimes of the time. The hon. Gentleman keeps saying that it is a small number, as if it is inconsequential, but I urge him to look at two things. For a start, there is the work of the Kenova investigation, undertaken by Jon Boutcher. With the Stakeknife investigation, it is currently looking at 220 murders—220. There is substantial progress. Is the hon. Gentleman going to put his hand up and make the gesture for “small” when we talk about resolving 220 murders?
There will not be justice for everyone, but families and victims are not naive. They know that not everybody will get a prosecution out of this, but they might get the results of an investigation done to criminal standards. This is the kind of thing that gives families a sense of justice and enables them to start healing after the damage that the troubles have inflicted on them. I do not accept the premise that because the numbers are small and do not match the scale of the challenge, this is not consequential.
I am grateful to the shadow Secretary of State for taking that line in response to the hon. Member for Basildon and Billericay (Mr Baron). Twice now he has said in Committee that we cannot allow perfection to be the enemy of the good, and yet today we have amendments from the shadow Secretary of State and his colleagues, amendments from me and my colleagues, amendments from the hon. Member for Foyle (Colum Eastwood) and his colleagues, and amendments from the hon. Member for North Down (Stephen Farry) and those elsewhere in the Chamber. That is the process. We cannot allow perfection to be the enemy of the good, but today is about making the Bill better. Rather than ignoring the amendments because we cannot achieve everything, surely the purpose of Committee is to try to get as much of this right as we can.
I am grateful for the tone and the content of what the hon. Member says.
I thank my hon. Friend for her intervention, and she is not wrong. My personal view is that we need to do a little more to ascertain that proof. It may be that the word of one individual may not be enough to grant them immunity; independent evidence and independent corroboration over a period of time may be needed to secure that immunity.
First, the panel will already have to make an assessment of whether the information it has been given has been given truthfully, to the best of the person’s knowledge. Amendment 97 simply says what should then happen should it decide that that information was not given truthfully, to the best of the individual’s knowledge. It would not have much to do; it would already have made the assessment, and the file would then just go to the PPS.
I ask the hon. Gentleman to look at the exact provision, in clause 20(4), I believe, which sets out that the panel does not need any information other than that which is given to it by P, and then to have a read of subsections (1), (2) and (3). I think that there lies the answer to the question he is raising—subsection (4) could simply be deleted. An amendment has been tabled by my party and the Chair of the Northern Ireland Affairs Committee for that precise purpose.
I thank the hon. Gentleman for his intervention. The Minister is now in his place and I hope he is paying heed to what we are saying, because these are all tweaks to the Bill that I feel we could make.
Let me return to clause 18 and ask, first, what defines an acceptable level of engagement. How do we specify it? Nothing in the Bill defines what level of information someone needs to give in order to qualify for immunity, and I think that needs work.
Secondly, Where a person is deemed a subject of interest, and perhaps is assessed as being a current threat, is there a case for their not being granted immunity? I believe that there is a bit of work to do there, and that this may be possible.
My third point is that we should perhaps legislate so that if a person is convicted of a post-1998 terrorist offence, the offence they were granted immunity for can be taken into consideration for the purpose of sentencing for other offences—I know that that is tricky and divisive, but it is worthy of consideration.
My last point on clause 18 is about what happens if the person’s account is found not to be true to the best of their knowledge and belief. We discussed amendment 97 earlier. If it is proved that the information given is completely false, perhaps immunity could and should be revoked. I know that the Minister will cover this issue later, but I think there needs to be a bit of work on what happens if there is compelling evidence that proves that the information given at the time was not true. In my view, therefore, clause 18 needs work.
That may not be possible, but I have outlined some suggestions to the Minister. My next point relates to clause 20, which is entitled “Determining a request for immunity”. In forming a view on the truth of the person’s account, the immunity requests panel will not currently be required to seek information from a person other than P. I reiterate my previous point that the threshold for the provision of information by the perpetrator is already very low and subjective. What change might we wish to make? Perhaps there should be a requirement that corroboration is sought before any immunity can be granted.
On the issue of prisoner release, the Bill states:
“Schedule 11 makes provision about prisoner release under the Northern Ireland (Sentences) Act 1998.”
Paragraph 5 of schedule 11 states:
“If a fixed term prisoner is released on licence under this section, the prisoner’s sentence expires”.
The key point is that the existing early release scheme provides that if a person’s application for early release is successful, they must serve the minimum term under their sentence before being released. Paragraph 5 replaces and repeals several provisions of the 1998 Act, potentially removing any minimum sentence. That virtually removes any incentive for a perpetrator to engage with the process. I therefore urge the Minister to look at that provision.
There are other areas that are not covered in the Bill, and we may come to them later. First, there is no legislation on the glorification of terrorism, or to enable those who flout such legislation to be held accountable. The issue is not provided for at all in the Bill, and that may require further work.
We may also need a better UK-wide definition of a victim or survivor of terrorism. In addition, there is the tricky issue of reparations for the bereaved. I know that that is difficult in law and difficult politically, but perhaps we could look at it in due course as part of the reconciliation process.
Perhaps we could even conduct a review in due course of how this legislation evolves and how it works in practice. Is the truth and reconciliation process working? Are people coming forward? Perhaps we need to build into the Bill a clause whereby we can legally review these issues in due course, with a view to tweaking what goes through Westminster.
This is a very difficult issue and this is a difficult Bill. I commend Ministers and everyone involved, particularly in the Northern Ireland Office, for getting this far. We now have something on the table that needs to go through. Time is short, and I recognise that the Bill will come back to the House on Monday, but I urge the Minister to consider what I have said over the weekend.
It is a privilege to follow the hon. Member for Bracknell (James Sunderland), who has engaged continuously with Northern Ireland issues since his entry into the House in 2019. We are grateful that he has shown such an interest. His speech allows me to make an initial point for people outside this place who do not understand how we operate. Today we are dealing with parts 1 and 2 of the Bill, and on Monday we will deal with parts 3 and 4.
The hon. Gentleman hit the nail on the head when it comes to the requirement for an amendment that allows for the revocation of immunity in circumstances where somebody has lied; one on the repeal of the Northern Ireland (Sentences) Act 1998 so that there is an inducement for people to engage in the ICRIR process rather than stay outside; and one on the glorification of terrorism. While there is a discrete amendment on the glorification of terrorism today, we will debate new clauses 3, 4 and 5 on Monday, and they deal with all those points. I do hope that, after hearing what the hon. Member for Bracknell has had to say, colleagues throughout the Chamber will not only look at those new clauses and the thrust behind them, but encourage the Government to look on them favourably when we debate them on Monday. They are demonstrable and positive changes that would make this Bill better.
I am delighted that the hon. Member for Basildon and Billericay (Mr Baron) is back in his place. Perhaps I was a little hard on him, especially after he suggested that he was going to support some of my amendments. I genuinely believe that I would not have wasted my time over the past number of weeks, with colleagues from across Northern Ireland, in the preparation of amendments to make this process better if none of those amendments had the prospect of success today.
It is disappointing that, even when we hear positive noises not just on amendment 115 but on a range of issues that have been put before the Committee today to make the Bill better, we really get zero traction. It is very frustrating.
Let me put the hon. Gentleman’s mind at rest. He was not too hard on me. Having served in the Province a few times, I am used to the Belfast way of things. What I would say, though, is that we are all, in good faith, trying to improve the Bill. We must remember that there are further stages, but I hear what he says.
I am grateful to the hon. Member.
This Committee stage highlights the fact that there is a strong body of opinion in Northern Ireland that this Bill is irredeemable, that it should not progress and that it has no support among politicians or victims’ groups in Northern Ireland. The SNP spokesperson right crystallised that opinion, and said that his party had decided not to participate in amendments.
I stand here as a member of a party that has tabled scores of amendments in the hope that we can get this Bill to a better place. But I recognise that, for many at home, this is not a comfortable place to be. Without reiterating the comments made on Second Reading, I say that this Bill, whether it will affect a small number of people or a large number, is a true corruption of justice. The very idea that, under schedule 11, as the hon. Member for Bracknell read out, somebody prosecuted for heinous terrorist offences would serve no time in prison whatsoever for a prosecution arising either because that person has chosen not to give any information to victims’ families and stays outside the process, or because they engage in the process in an untruthful and dishonest way, is an affront to justice.
How would the hon. Member describe the 1998 agreement that let murderers out having served two years? Would that be a corruption of justice? Would that be an affront to justice? And—
Absolutely. I am very grateful to the hon. Gentleman. Let me make this point: we are not going to get unanimity of opinion on that issue from people in Northern Ireland. The Democratic Unionist party did not support the Belfast agreement. One of the strong reasons was the corruption of justice and the denial of rights to victims who saw the perpetrators walk the streets.
I will give way to the hon. Lady, because she will take a different view, and I want to be respectful of that different view. Then I need to move onto the amendments tabled for this Committee stage.
It is fair to say that, over the past couple of years, there have been a lot of new converts to the Good Friday agreement. Will the hon. Member concede that although the issue of prisoner releases was a very difficult pill to take for every single person in Northern Ireland, it was done with democratic legitimacy —in a referendum that more than 70% of the population voted for—and those people were in jail after due legal process?
People were in jail after due legal process. Not only did we have that corruption of justice then, but we have had subsequent corruptions of justice on the provision of on-the-run letters, on letters of comfort, and on attempts to make sure that people get an amnesty or immunity from prosecution. Here we have a further iteration.
I will not give way at this stage if the right hon. Gentleman does not mind, because I am deviating from the amendments and I recognise that we do not have much time.
We should be encouraging people in this process to give information, and we do that not by removing the consequence of avoiding the process, but by ensuring that there is a consequence should they not engage.
My hon. Friend the Member for North Antrim (Ian Paisley) made reference to Mrs Iris Moffitt-Scott, who gave an interview this morning on “Good Morning Ulster”. She asked that the Government not trample on victims. She said that today, on the 39th anniversary of her husband’s murder. Her husband had no affiliation; he was a farmer cutting hedges, and had just delivered his four-year-old child to the bus for the first day of school when he was murdered in cold blood. There was no reason for his murder other than pure, base sectarianism, and she is just asking today that the Government not trample on her and other victims like her.
I think in my earlier intervention I may have said that he was a part-time member of the UDR, but I was wrong in that. He certainly was not—in fact, reports at the time record his family saying he was a friend for all, a man with friends right across the entire community. There was no justification. His local canon, I think, indicated that the only reason he was murdered was that he was a member of the Protestant community. It was a straightforward, dirty, evil sectarian murder and it must be called out as that. As my hon. Friend will know, for those of us who grew up through those days—I was 17 at the time; he is slightly younger than me—our days were punctuated by the sounds of those bullets and bombs going off. Our news bulletins were punctuated by the soundtrack of the troubles. Unfortunately, this legacy Bill does not bring that soundtrack to an end.
I thank my hon. Friend for that.
I have made reference to some of the substantive amendments that we will consider on Monday. I want to raise a series of amendments that I hope are not controversial, which representatives from across Northern Ireland would be able to accept, and put them forward in the hope that the Minister can offer some positivity. Then we will get on to the substantive amendments that I think will form part of our considerations later on.
An innocent victim: we know what that is. It is somebody who has been injured through the troubles through no fault of their own. They have not engaged in illegality; they have not gone out to damage, to murder, to kill. They have been injured. The Government accepted that definition when they published regulations around troubles pensions. There is an opportunity, which we can come back to on Monday when we talk about memorialisation, for this Government to provide a legal definition of an innocent victim.
There has been a debate about immunity. The legislation talks about its being general immunity, and that has caused concern for victims. The Minister, through engagement and with the NIO, has been very clear that it is immunity specific to an event, but covers the generality of offences during that event. The immunity attaches to the incident and not the person. I think the Minister should take the opportunity to clarify that and look at whether that can be strengthened through amendment.
I had an exchange with the hon. Member for Bracknell on clause 20 subsections (1) to (4). Subsection (4) is unnecessary. It suggests that the panel does not need to take information from anywhere other than the person before it, but subsections (1) to (3) suggest all the relevant information that the panel can and should take into account in making its determination on an individual incident. Clause 20(4) should be removed.
Amendment 97 is one that I hope hon. Members will engage with. An assessment must be made of whether the individual perpetrator who is giving information to the panel has done so truthfully, to the best of their knowledge. If they lie, if they seek immunity and spin the process out, playing with victims and their families, there is no consequence for them whatsoever. At the very least, amendment 97 would see a file issued to the Public Prosecution Service.
Amendment 119, which I referred to, is about the glorification of terrorism. The last thing we should do, if we are truly interested in achieving reconciliation in Northern Ireland, is to offer someone immunity only for them to go out and talk positively or proudly about their heinous exploits. That would be a fundamental outrage. We will never get reconciliation in Northern Ireland if we empower people to rub salt in the wounds of victims and their families there.
Does my hon. Friend accept that the point he is raising is based on evidence that we already have of where, for example, members of Sinn Féin who engaged in a prison break-out in which an officer died went around boasting about the part that they played in that break-out? He is not making a theoretical or an academic point, but a very real point that we have to make sure is addressed.
Yes. It is appalling—sickening—that people organise events and dinners, fundraise, sell books and write scripts for movies, then benefit on the backs of the blood of our neighbours in Northern Ireland. That is not appropriate.
I ask Members to consider amendment 98 very seriously indeed. This process is about providing answers to families who do not know all the circumstances of their loved one’s demise or who was responsible for it. That is a significant subset of legacy cases that are yet to be resolved in Northern Ireland. There are, however, other cases where the family know exactly who was responsible and know all the circumstances, and furthermore the state knows who is responsible and has sought the perpetrator for investigation and prosecution. Then what did the perpetrator do? They stood up and walked across the border and evaded justice. In amendment 98, we ask the Committee to accept that there are no circumstances in which we can provide a process that would grant immunity and allow somebody who has evaded justice, skipped the jurisdiction and made sure that loved ones had no answers the opportunity to come back to Northern Ireland and retire with dignity. That would be an affront to democracy and to justice. I hope that Members will look at accepting amendment 98 on such runaways.
One example of that, as this House already knows because I have said it before, is Lexie Cummings. He was having his lunch out at a shop in Strabane and was murdered—shot in the back of the head. The person who did it was apprehended by the police, who took him to court. They made a mistake in the subpoena that they handed out and got it wrong. While the subpoena was being changed, the person escaped across the border. He is now a very prominent member of Sinn Féin, as my hon. Friend the Member for East Londonderry (Mr Campbell) knows very well. That is an example of where the system has fallen down. My family, who are relatives, want to see justice for him in court. He has an on-the-run letter, which makes it very difficult for us as a family to comprehend and deal with issues, knowing that justice is not seen to be done and because we know who the perpetrator is.
I agree with my hon. Friend and I hope that Members will look on amendment 98 favourably.
Finally, because I recognise that time is short—here we are, three hours in, before we get a Northern Ireland voice, but I appreciate the interest in the Bill—I turn to amendment 115. There has been considerable attention on amendment 115 during the Committee stage. My colleagues drafted our own amendment to exclude sexual offences from immunity. It was not as good or as strong as the Labour amendment, and, in truth, it was in the wrong place in the Bill, so we did not table it and signed amendment 115 and new schedule 1. We did that because we want to get to the end point. We are not interested in the politics, but we want to make sure that on such a wedge issue that engages issues of compassion and controversy, and affects communities right across the board in Northern Ireland, we have our name on that amendment, and we want to see progress on it this evening.
I have already highlighted the frailty of the argument that we could leave this issue until Report. I have heard that we could change the programme motion. Here we are with a programme motion that has already been extended once, at the end of Second Reading for this Committee stage, and I am the first Northern Ireland MP to speak when we have been debating the Bill since 20 minutes to 3.
Can I take the hon. Gentleman back to what he was saying a little bit earlier? We obviously disagree on the Good Friday agreement and the need for prisoner release, but I think we both recognise that those prisoners were released on licence. A licence is capable of being revoked and has been on a number of occasions. If this Bill went through, would that get rid of that, so that those prisoners would then be totally immune from going back even on licence?
I know that some from Northern Ireland did not take technical briefings on this Bill, but sadly I did and had to listen through them. Schedule 11, where we are talking about moving two sentences down to one, could lead to a circumstance where, were somebody prosecuted outside of this process, they would have a conviction on their record and would automatically be on licence for it. It is not that they would not be on licence—they would—but they would serve no time in jail whatever. We need to incentivise this process, and that is why I have talked about new clauses to be debated on Monday, which would ensure real terms and a real-life consequence for not offering truth to victims’ families.
I was talking about amendment 115 just before I was derailed. The Government have a huge opportunity to respond to what has been said this evening. This is a hugely important amendment. We talk about some amendments being inconsequential, and I accept that this one would affect a very narrow subset of legacy cases, but that does not make it any less of a touchstone. It genuinely is, and it has the support of our party. I am sad to say that there is no Northern Ireland Office representation in the Chamber at the moment. They are not here, and I genuinely believe that they had better be outside getting an agreement over this amendment so that it does not need to be pressed to a Division this evening.
I hope that the hon. Gentleman is assured when I say that a number of others are making representations to those on our own Front Bench on a number of the amendments being discussed. One hopes that people are listening, which I suppose reinforces the point that we are trying to move in the same direction here and improve the Bill.
I want to add to the hope of my hon. Friend the Member for Basildon and Billericay (Mr Baron), if it is of any help. To the best of my knowledge, conversations are taking place within Government and with the official Opposition to try to resolve this issue before we get to the moment of interruption. Principally that is because of the strong case that has been made by the hon. Member for Belfast East (Gavin Robinson), by colleagues and by the shadow Secretary of State, which I hope a number of us on the Government Benches have helped to augment.
I do not want to sow discord or break the prospect of agreement, but I will say this to those who are outside talking about an amendment that we have signed, but who are not talking to us about that amendment: it is not just the first signatory who can ensure it proceeds to a Division. I hope there is an agreement on that amendment, but as signatories to it, should there not be an agreement, we think the Committee should divide on it.
Does my hon. Friend not find it rather strange, given the debates in this House over the past week about the lack of response from the police and the courts on rape victims, the way in which so few rape cases are being brought to court, and the commitments that Ministers have made, that there is even a debate or a discussion about those who use their paramilitary positions and power to cover up rape having their crimes overlooked?
I have to give way to seniority, but my right hon. Friend makes the point incredibly well for me, and it needs no further explanation. I am grateful for the time of the Committee.
There has to be a landing zone. We are never going to reach an agreement that allows us to adhere to those standards. The hon. Gentleman’s point about trust in the state is valid. When it comes first to opening the books—I have experience of this not only as a Minister, but when I served in secret organisations, and I know there is an attitude or appetite to overclassify things and so on. Families have really felt the brunt of that over the years, and if I was part of one of those families, I would be deeply mistrustful of the state. I totally get that, and the Department must work harder to bring that integrity to the process.
However, I do not think we should throw away what is probably the last chance to get this right—well, “right” is not really the word, because we are not going to make it right: we are not going to bring anybody back. But we have to get to a space where we can deliver something for victims and veterans. We talk about prosecutions, but there have been no successful prosecutions of security force personnel since the Good Friday agreement. That is a fact.
What these victims are looking for is not there. If it was there, I would be the first to champion it. People such as my right hon. Friend the Member for Beckenham (Bob Stewart) are absolutely repulsed by those who think that uniform is a place where they can commit crime. The idea that we would not want people who have done those things to be held to account is for the birds. People who promote that—I see it in Northern Ireland about me all the time, but I never respond to it because it is totally false. Nobody wants those people convicted more than those who served there and adhered to the standards, showing extreme courage.
I would be keen to hear which amendments the hon. Gentleman is supporting. He wants to get this right, but does he understand that one consequence of the Bill at Royal Assent is that, unless a decision has been made to prosecute by the Public Prosecution Service, the prosecutions lapse? There are 32 or 33 actual active files with the PPS as a result of Jon Boutcher’s Operation Kenova. Unless a decision is made now, or before Royal Assent, the prospects of live files will disappear.
That is a good example of technical details in the Bill that need work. Aspects of this do need work. I think I have spoken individually to everybody on the other side of the Committee who opposes the Bill, and I agree with their technical changes to it. The idea that immunity cannot be revoked, or that there is no real compulsion to get involved because of jail sentences—I do not agree with that. At the same time, however, I am not going to say, “Don’t vote for this Bill”, because this is it; this is as good as it gets. There is an opportunity coming down the line, when the Bill goes to the Lords, when things such as that will happen.