Armed Forces: Historical Cases

Debate between Gerald Howarth and James Brokenshire

Thursday 23rd February 2017 Commons Chamber

[James Brokenshire]

I am afraid that I do not agree with the hon. Gentleman. The Public Prosecution Service of Northern Ireland has pursued prosecutions against a number of individuals for serious terrorist crimes during the troubles, and it continues to do so, as well as pursuing other cases. It is wrong to suggest that the PPS is in some way only applying itself to one side. I know that there are strong feelings in that regard, but it would be wrong to personalise the matter in this way. It is important, in terms of upholding the rule of law, that we should also uphold the independence of the police and of prosecutors. It is important to frame the matter in that context, but I acknowledge that people may have strongly held views.

[Sir Gerald Howarth]

Will my right hon. Friend convey a message to this individual and say that sending out letters to organs of the press in this country, saying that any criticism of him will be met by legal action, is completely unacceptable? He is publicly accountable and publicly paid, and if we want to criticise him, we will do so and he will not resort to law to try to shut down newspapers that report our criticism.

[James Brokenshire]

There is always the right of complete free speech in this House and, clearly, the right, which we uphold as a democracy, of the freedom of the press. However, we need to be careful in our comments when we seek to personalise matters. We know the consequences of that from the past. I acknowledge that there are strongly held views, but I underline the independence of the prosecution service and of the police. That is something that we should absolutely treasure, while of course holding people to account and being able to comment publicly. The freedom of our rule of law is important, but equally the press and this place have the freedom to debate matters robustly and vigorously.

[James Brokenshire]

I know that many Members want to contribute to the debate. I will take further interventions, but I want to make progress.

[Sir Gerald Howarth]

May I just ask something about that point?

[James Brokenshire]

I will make some progress.

As right hon. and hon. Members are well aware, addressing the legacy of the past has been one of the most difficult issues since the Belfast agreement nearly 19 years ago. What is clear today, as this debate highlights, is that the current structures in place are simply not delivering for anyone, including victims and survivors on all sides who suffered most during the troubles. The rawness of the continuing pain and emotion of families and survivors is stark, and yet the need to make progress is absolutely clear.

The legacy of the past continues to cast a shadow over our society in Northern Ireland. It retains the ability to destabilise politics and it has the capacity to be used by those who wish to fuel division and promote terrorism to achieve their objectives. Of course, people are always going to retain their own views of the past, which will be shaped by their own experiences of it. I acknowledge that the Government’s view of the troubles will not be shared by everyone, or vice versa; but we should strive to reach consensus on the structures needed to address it, and in a way that helps move Northern Ireland forward.

The inquest system was not designed to deal with highly complex, often linked cases involving large amounts of highly sensitive material. The office of police ombudsman has to deal with historical allegations of misconduct, rather than focus on cases today. The Police Service of Northern Ireland has to devote substantial resources to dealing with legacy cases when I know that it would prefer some of them to be spent on policing the present. Taken as a whole, I recognise concerns that the current mechanisms focus disproportionately on cases involving, or allegedly involving, the state, leaving many victims of terrorism feeling ignored as a result.

None of that is to criticise any individuals, not least the police and prosecuting authorities, all of whom uphold the law independently of Government. I support them in their difficult work. The right hon. Member for Lagan Valley mentioned earlier the shocking case of a police officer, who was about to go to work and serve their community, discovering that a device had been planted underneath their car. The consequences of that could be absolutely horrific. That underlines the bravery, determination and sheer public service that PSNI officers and others show day in, day out to uphold the rule of law and keep our communities safe, and the shallowness and evil of terrorism that seeks to undermine that. I know that the House will absolutely underline that strong message of support to them and the work that they do.

My comments are a recognition, which is widely accepted, that we need new and better structures for addressing the issues. The status quo is not sustainable. The Government have a duty to seek better outcomes for victims and survivors, and we need legally robust mechanisms that enable us to comply with our international obligations to investigate criminal allegations.

The Stormont House agreement was arrived at in December 2014, following 11 weeks of intensive cross-party talks with the UK Government, the five largest parties in the Northern Ireland Assembly and the Irish Government on matters falling within their responsibility. The agreement contained the most far reaching set of proposals yet for addressing the legacy of Northern Ireland’s troubled past, including the historical investigations unit, the independent commission for information retrieval, the implementation and reconciliation group, and an oral history archive.

A number of different options were discussed during those talks. Amnesties were quickly dismissed by all the participants and are not the policy of this Government. We believe that the so-called legacy bodies set out in the Stormont House agreement continue to provide the most effective way to make progress on this hugely sensitive but hugely important issue.

Delivering the Stormont House agreement, including the legacy bodies and reforming legacy inquests, was a key Northern Ireland manifesto pledge for the Conservative Government at the last election, and we remain committed to that. In doing so, however, I am also committed to the need to ensure that former soldiers and police officers are not unfairly treated or disproportionately investigated. That is why any legislation we introduce will explicitly set out that all of those bodies, including the historical investigations unit, will be under legal obligations to operate in ways that are fair, balanced and, crucially, proportionate.

[Sir Gerald Howarth]

The House will be greatly reassured by the concern of the Secretary of State and the Government about the lack of proportionality on the part of the authorities in Northern Ireland, but can he not understand that the disparity between the two is overwhelming? One side were a bunch of terrorists hiding in the shadows, dressed not in military uniform; the other side were trying to enforce the Queen’s peace in Northern Ireland. All the incidents involving the latter are meticulously recorded. One cannot go to the National Archives in Kew and find the IRA’s records of the people it brutally murdered.

[James Brokenshire]

I absolutely recognise the sense of justice, and the sense of the need for justice, on all sides, which underpinned what my hon. Friend said. Yes, there are meticulous records. There are meticulous records of the investigations of terrorists, which should be looked at properly. That is part and parcel of what I am saying about the establishment of the historical investigations unit. The terrorists were responsible for 90% of all deaths in the troubles, and any investigative processes have to reflect that.

Northern Ireland Assembly Election

Debate between Gerald Howarth and James Brokenshire

Tuesday 17th January 2017 Commons Chamber

[James Brokenshire]

I am grateful to the hon. Lady for highlighting the issues relating to the nature of the elections. I think we all recognise what is at stake here. I can assure her that we will be doing our part to maintain communication channels and open dialogue. We will continue to encourage the parties to think carefully about the nature of the campaign ahead and about how best to bring people back together afterwards to get on with the process of devolved government in Northern Ireland. She asked a number of more detailed questions. On the question of legacy, she will know that it remains this Government’s intent to give effect to the Stormont House agreement. Indeed, the funding commitments that were made in respect of that remain firmly in place.

In respect of support for the investigations and inquiry into the allegations that have provided the trigger, or the catalyst, for the situation we find ourselves in, I continue to believe that the best solution for this lies within Northern Ireland. This is a devolved matter, and it still seems right that the answers should come from that direction. I remain open to working with the parties on a cross-community basis to see what support can be given because, ultimately, getting answers on these issues is what matters.

On the UK’s departure from the European Union, as hon. and right hon. Members will have heard, the Prime Minister set out a very clear position on this Government’s approach. Indeed, she emphasised the issues on the common travel area and on strengthening the Union, too. Hon. and right hon. Members will have plenty of opportunity to raise further questions on that later today.

[Sir Gerald Howarth (Aldershot) (Con)]

To the extent that the Secretary of State has a locus in this matter, may I make a fervent plea that he should protect the interests of former British soldiers currently being charged by the Sinn Féin-supporting Director of Public Prosecutions for Northern Ireland with murder for events that took place more than 40 years ago? Is he aware that it appears that the Director of Public Prosecutions issued a notice to news desks, not for publication, stating:

“We would advise that if you publish an article which alleges lack of impartiality on the part of the Director or any other prosecutor that the appropriate legal action will be taken and we will make use of this correspondence in that regard and in relation to a claim for aggravated and exemplary damages”?

Is that not an attempt to muzzle Parliament and, indeed, to question the right of this House to support those soldiers who sought to bring about peace in Northern Ireland?

Immigration Bill

Debate between Gerald Howarth and James Brokenshire

Ping Pong: House of Commons
Monday 9th May 2016 Commons Chamber

[James Brokenshire]

I will come on to the issue of registration, which has been highlighted by a number of people, in a moment. To be clear, we are not seeking to impose an over-burdensome or legalistic requirement on children to prove that they have been formally registered, but we will need to see some evidence that they were present in Europe before 20 March. This will avoid creating a new and perverse incentive for families to entrust their children to people traffickers. Our focus will be on reunifying children with families in the UK, but we will also consider cases of children at risk of exploitation or abuse.

[Sir Gerald Howarth (Aldershot) (Con)]

I understand that the Government are in a difficult position, although I supported the Prime Minister’s original stance on the matter. Are these children not already in safe countries? Are the Minister and the amendment’s supporters suggesting that France, Germany and Greece are not safe?

[James Brokenshire]

We certainly recognise the pressures that Greece and Italy, for example, have been under, and I will come on to talk about that more specifically. Equally, on children who are looking to be reunited with family here, the measure will provide a further mechanism to support the best interests of the child, which is what the Government have said. Reconnecting children with family here in the UK underpins that important message.

European Agenda on Migration

Debate between Gerald Howarth and James Brokenshire

Monday 14th December 2015 Commons Chamber

[The Minister for Immigration (James Brokenshire)]

I beg to move,

That this House takes note of European Union Documents No. 8961/15, a European Agenda on Migration, No. 9345/15, EU Action Plan against migrant smuggling, unnumbered Document, a Council Decision on a European Union military operation in the Southern Central Mediterranean (EUNAVFOR Med), unnumbered Document, a Council Decision to launch EUNAVFOR Med, and a Draft Action Plan on Stepping up EU-Turkey cooperation on support of refugees and migration management in view of the situation in Syria and Iraq; and supports the Government’s aim of working with the EU and Member States and other international partners to develop a coherent and sustainable approach to addressing current migratory pressures, focused on shorter and longer term actions to break the business model of people smugglers and traffickers, to break the link between rescue at sea and permanent settlement in the EU, and to address the root causes of migrants’ journeys.

Today’s debate offers an important opportunity to look at the range of measures proposed to address the migration situation. The first of the documents listed on the motion, the “European Agenda on Migration”, was published on 15 May and sought to provide a blueprint from which to address the worsening situation by outlining an overview of the various measures available to the EU. It is fair to say that subsequent documents listed for the most part provide the detail of that blueprint.

The Government support many aspects of the European agenda. We agree that there should be more effective joint action on returns and against people smugglers. We favour stronger co-operation with third countries, as well as more effective management of the external border. Indeed, we have continued to press our European partners on those points, both before and since the publication of the Commissioner’s communication.

We have also welcomed the proposals against migrant smuggling. Its focus on strengthening co-operation to tackle the gangs profiting from the crisis through people smuggling, including enhanced approaches with international partners, is sensible, and we support the strategic priorities outlines.

[Sir Gerald Howarth (Aldershot) (Con)]

Does the Minister agree with me that it does not sit well with Mrs Merkel that she should be criticising the Hungarians who have done their level best to implement the Schengen arrangements, as they are required to do, by seeking to secure their border, which is the European border? Has the Minister or the Home Secretary had an opportunity to speak to Chancellor Merkel to say that she should be supporting the Hungarians, not attacking them?

[James Brokenshire]

As my hon. Friend will know, we are not part of Schengen, so the operations to deal with internal Schengen arrangements are for those who are party to them. As was discussed in the previous debate, what happens at the external Schengen border is important, which is why we have sought to support Frontex in a number of its activities, given the potential impact on us in the UK.

Looking at the approach off the coast of the European border, it is interesting to note how the subsequent Council decision on an EU military operation in the southern central Mediterranean has in many respects been a positive step in the joint efforts to break the business model of the people smugglers. That has had the UK’s full support. On 7 October, the operation moved into phase 2, the high seas phase, and was renamed Operation Sophia, in which the UK is playing an important role.

The purpose of Operation Sophia is to tackle the human smugglers and traffickers, disrupting their business model, which trades so carelessly in the lives of others. We must not forget, however, that Operation Sophia is only one part of the Government’s support for sea operations in the region. Since May, the UK has saved over 9,000 lives in the Mediterranean.

The last document listed, the proposed Turkey-EU action plan, has been broadly welcomed by political leaders across the EU and was the subject of an EU-Turkey summit on 29 November. The Government share the view that a plan of this kind is needed in order to ease the refugee burden on Turkey, while preventing further uncontrolled migration to the EU. Turkey is a key relationship partner for the EU and is a country with which the UK has had close co-operation for some time. It also has a pivotal role in the migration crisis, given that so many of the migratory flows through Greece and the western Balkans come through Turkey.