Northern Ireland Troubles Bill (Carry-over Extension)

Geoffrey Cox Excerpts

Carry-over motion
Tuesday 13th October 2026 Commons Chamber

[Chris Bryant]

I arrived in post a few months ago and I sat down with the Defence Secretary. We looked at some of the amendments that had already been drawn up by my right hon. Friend the Member for Leeds South, and we were convinced that we needed to go a little bit further than that. For instance, the amendment in relation to the Attorney General is a new amendment, as is the amendment in relation to compelling new evidence. I really want to proceed as much as I possibly can in a consensual way with Members from across the House. That is why I have provided as many opportunities as possible to take Opposition Members and Members from other political parties through the details of all the amendments.

Sometimes we need time to get our legislation right. One problem was that we had a long period—some of these amendments could have been dealt with several months ago and we might have got to a better place sooner, and then we would not have needed the carry-over motion either. However, there is not much point in crying over spilt milk; it is much better just to try and get the Bill right, which is precisely what I am trying to do.

Importantly, I should say to the right hon. Member for South West Wiltshire (Dr Murrison), all of the amendments that we have tabled are wholly consistent with our human rights obligations and the fundamental principle that everyone is equal before the law.

[Sir Geoffrey Cox (Torridge and Tavistock) (Con)]

What substantive difference does he think the Attorney General’s consent will make to a decision of this kind?

[Chris Bryant]

Whether this was the right route to go down was obviously a material consideration for us, for all the obvious reasons that other hon. Members may adduce in the debate later on. However, many in the veterans community keenly felt that it would be much better if this decision were not being made just by the prosecuting authorities in Northern Ireland, and that it would be better if it were made here. Obviously the standard prosecutorial question does not change at all—in other words, is there a more than 50% likelihood of getting a successful conviction, and is it in the public interest? The Attorney General will act in a quasi-judicial function, as she is very keen to point out.

I have heard back from large numbers of veterans that this measure provides a degree of confidence and reassurance to those who have been worrying about this issue. For instance, it applies equally to anybody who might be prosecuted for being involved in the M62 bomb or the Guildford pub bombing. I take the point that the right hon. and learned Member for Torridge and Tavistock (Sir Geoffrey Cox) makes, but that was one of the things that was asked for. Where possible, I have tried to make the argument as strongly as I possibly can on behalf of veterans to ensure that we get the Bill right.

Northern Ireland Troubles: Legacy and Reconciliation

Geoffrey Cox Excerpts

Wednesday 21st January 2026 Commons Chamber

[Alex Burghart]

Once again, my hon. Friend is quite right, because if the remedial order goes through both Houses and the Supreme Court has not opined, from the next day civil cases will reopen and military veterans will be involved in such actions.

[Sir Geoffrey Cox (Torridge and Tavistock) (Con)]

It seems to me that the Secretary of State is adopting a highly technical and extremely unmeritorious argument. He says that because the declaration of incompatibility is not the subject of the intervention of the veterans, that gives him the opportunity—entirely technically and devoid of any moral merit whatsoever—to bring in this remedial order, but he knows perfectly well that the substance of the argument on which the remedial order is based is very much in point in the deliberations of the Supreme Court, so what the Court will do, if it decides against him, is to remove the entire basis for the remedial order that he is bringing in. However, because technically he can bring it in, he has decided to do so. That is not like the Secretary of State.

[Alex Burghart]

I am delighted to have the support, on a matter of pure legal substance, of my right hon. Friend—

Northern Ireland Troubles: Legacy and Reconciliation

Geoffrey Cox Excerpts

Wednesday 17th December 2025 Commons Chamber

[Hilary Benn]

As I have indicated, I reject the suggestion that the Government are in any way engaging in lawfare against veterans, in the same way that I reject any suggestion that there are such things as politically motivated or vexatious prosecutions. [Interruption.] I hear “Oh, come on” from the Opposition Front Bench; I have heard that from Opposition Members in previous debates on these questions. There will no doubt be a number of amendments and suggestions made when we come to detailed consideration of the Bill, and we will consider them at that time.

[Sir Geoffrey Cox (Torridge and Tavistock) (Con)]

I wonder whether the Secretary of State can assist me with this problem. The Supreme Court is at the moment seized of the issue as to the lawfulness of the declaration of incompatibility. The fact that the Government have withdrawn their appeal does not prevent the Supreme Court from ruling on it. Let us suppose that the Supreme Court rules that the declaration of incompatibility is void. The legal position is that the declaration of incompatibility would then be void, and therefore the basis on which the Secretary of State is proceeding with the order would be removed. Surely it would be prudent to wait to see if the Supreme Court rules on it. Otherwise, we will be proceeding with an unlawful order. I ask in the spirit of genuine curiosity and inquiry, not political partisanship. It would bring the entire process into disrepute if he is in fact acting on an unlawful basis.

[Hilary Benn]

Once again, I do not accept that the Government are acting on an unlawful basis. Given the right hon. and learned Gentleman’s distinguished legal credentials and experience, I say to him that I note he encourages me to speculate on a potential outcome—[Interruption.] Well, he does. The Government have to deal with the position as we find it. I have already set out to the House why the Government are absolutely clear in our view that, because the appeal was withdrawn, we are able to make use of section 10 of the Human Rights Act in order to remove conditional immunity.