Privilege

Gavin Robinson Excerpts

Monday 14th July 2025 Commons Chamber

[Simon Hoare]

I agree wholeheartedly with the hon. Gentleman. If this place is not a champion of justice and its pursuit as a high court of Parliament, what is it?

[Gavin Robinson (Belfast East) (DUP)]

I have had the privilege of sharing time on the Northern Ireland Affairs Committee with the hon. Gentleman and the hon. Member for Gower (Tonia Antoniazzi), in the names of whom this motion has been laid. It is crucial that the Omagh inquiry gets the information it requires, and we have raised concerns about the Irish Government and their reluctance. It would be useful for the Privileges Committee to hear very clearly from me and, I hope, from the hon. Member for North Dorset (Simon Hoare) that it would be entirely incongruous if in an inquiry set up under the Inquiries Act 2005, which was passed by this Parliament, to seek answers for the Omagh bombing families and construed in their names, information that Norman Baxter gave to the Northern Ireland Affairs Committee was available and could assist the inquiry, but was refused because of privilege. That would be an intolerable situation. I hope the hon. Gentleman will agree that having gone through this process and agreed this motion, the information will be made available.

[Simon Hoare]

I am very grateful to the right hon. Gentleman for that intervention, and I endorse it entirely. My hon. Friend the Member for South Leicestershire (Alberto Costa) and his Committee will look at the motion, if the House decides to pass it this evening, and I know he will have heard that. I echo what the right hon. Member for Belfast East (Gavin Robinson) has said. I hope that if the House agrees to this motion, the Privileges Committee will look favourably on the request and do so in a timely manner.

The inquiry was established in February 2024 by the then Secretary of State for Northern Ireland. Its task is to investigate whether the bombing in the town of Omagh in August 1998 could reasonably have been prevented by UK state authorities. As part of its terms of reference, the inquiry was specifically asked to look at

“the allegation made by Norman Baxter”—

a former senior investigating officer in the investigation into the Omagh bombing—

“in the course of his evidence to the Northern Ireland Affairs Select Committee on 11 November 2009, that police investigators into previous attacks in Moira (20 February 1998), Portadown (9 May 1998), Banbridge (1 August 1998) and Lisburn (30 April 1998) did not have access to intelligence materials which may reasonably have enabled them to disrupt the activities of dissident republican terrorists prior to the Omagh Bombing.”

I quote that because I think it is germane to our considerations.

The inquiry has established that some of the evidence taken from Mr Baxter by the Committee has not been reported to the House, so it remains unpublished and inaccessible. That is effectively the kernel of this motion. The petition asks for access to that evidence. We find ourselves in the strange position whereby in setting up the inquiry, specific reference is made to that piece of evidence submitted, but because of a procedural problem here it was not published and is therefore not on the public record. That is why the inquiry has asked for the evidence.

At this stage, I express my gratitude to both Mr Baxter and the inquiry team. They immediately realised that if the evidence had not been published, it belonged to this House. They sought advice from the House authorities and received it. They have been careful to ensure that they have acted properly throughout.

There are two issues here. The first issue is that if a Committee wants to publish evidence, it must report it to the House and obtain an order to publish that evidence. If it wants material to be available to Members but no one else, it can simply report the evidence to the House. Evidence that is reported but not published is available to Members in subsequent Parliaments, but unreported evidence is accessible only to the Committee to which it belongs and in the Parliament in which it was taken. Once that Parliament is over—which, clearly, it is—no one has access to unreported evidence until the archives are open. There is no wriggle room here, hence the reason for this motion and the detailed explanation—I am sorry to detain the House.

If a Committee wishes to see unreported evidence from its counterpart in the previous Parliament, the House must refer it to that Committee. If anyone outside the House wants that evidence, they must petition for it, as the secretary to the inquiry has done. That is what this motion seeks to advance. It is very hard for the House to decide whether to release evidence that it has not seen and cannot see before the decision is made. It is particularly difficult in this case, as that evidence may contain sensitive information.

Accordingly, the motion invites the House to refer the evidence to the Committee of Privileges. That Committee can undoubtedly consider the matter and probably take advice. If it is advised that there is no reason not to publish the evidence, which was taken more than 15 years ago, it might simply decide to publish it—I hope that it can and does. Otherwise, it can consider the matter and report to the House with a recommendation on what would be appropriate. The House can then make an informed decision subsequent to the work of the Committee of my hon. Friend the Member for South Leicestershire.

The second issue is that article 9 of the Bill of Rights says:

“That the Freedome of Speech and Debates or Proceedings in Parlyament ought not to be impeached or questioned in any Court or Place out of Parlyament.”

That means that courts should not evaluate what is said in this place. That is not simply a matter of us being free to speak freely in Parliament; it extends to all those who participate in our proceedings, including our witnesses. It is clearly important that people should be free to give evidence to the House and its Committees without fear of legal consequences.

This is also a matter of the constitutional separation of powers between Parliament and the courts. A “Place out of Parlyament” does not mean anywhere outside Parliament: it has been taken to mean something with powers like those of a court. The ban on impeaching and questioning means not that no use can be made of parliamentary material, but that the use must be careful. The Omagh statutory inquiry is like a court: it has power to take evidence on oath, and its Chair may direct people to attend as witnesses and/or to produce documents if requested to do so. The House authorities consider it a “Place out of Parlyament”. For that reason, the House authorities regularly contact statutory inquiries to draw their attention to the important provisions of article 9.

I am delighted to note that the petition is clear that

“the Inquiry has taken advice on the application of Article 9 of the Bill of Rights to its proceedings and will be mindful of the privileges of the House.”

I am confident that Lord Turnbull, who has the onerous task of chairing the inquiry, and his team recognise the issues; their behaviour demonstrates that. I expect that if the Privileges Committee considers the petition should be granted, the key issues that the inquiry is invited to consider will be informed by the evidence without impeaching and questioning. I trust it will be possible for us to assist the inquiry in its work.

I hope that I have made as clear as I possibly can the genesis and importance of this motion, the lacuna that it seeks to fill and the requirements that this House has quite rightly guarded jealously for a long, long time on how evidence submitted to it is treated. I hope I have made clear and impressed on the House the importance of its passing this motion, and I urge it to do so. As I said in answer to the right hon. Member for Belfast East, we set a timeline in the motion to the Privileges Committee, but I know that it will tend to it with expedition.

I hope colleagues will agree to this motion, which will allow informed consideration of all the issues. It will hopefully bring justice or clarity to justice, as we have discussed with regard to the inquiry, which is looking into that terrible crime that blighted the lives of so many and ended the lives of so many prematurely, including two unborn children.