Oral Answers to Questions

Hilary Benn Excerpts

Wednesday 28th February 2024 Commons Chamber

[Mr Speaker]

I call the shadow Secretary of State.

[Hilary Benn (Leeds Central) (Lab)]

The Government’s legacy Act is opposed by victims groups, all the political parties in Northern Ireland, the Northern Ireland Human Rights Commission and others. This morning, the Belfast High Court found that the Act’s immunity provisions are not compliant with articles 2 and 3 of the European convention on human rights. Given that immunity has always been presented as the central foundation of the legacy Act, what do Ministers intend to do about the judgment, and how can the commission become operational when one of its central powers has just been struck down?

[Chris Heaton-Harris]

As I say, this is a very complex case. The judgment runs to over 200 pages, which were first being reported on less than 90 minutes ago, so it will take some time to consider, but we remain committed to implementing the legacy Act, including delivering the ICRIR.

[Hilary Benn]

Recognising that the issues raised in today’s judgment will take some time to be conclusively determined by the higher courts—assuming that the Government appeal—does the Secretary of State agree that it would be quite wrong to close the door on inquests and civil cases from 1 May? That will deny citizens in Northern Ireland rights that citizens in the rest of the UK take for granted. Will he therefore extend the deadline, not least to ensure that inquests that would otherwise be stopped on 1 May can continue, so that a decision can be reached?

[Chris Heaton-Harris]

The right hon. Gentleman is quite right that this is a complex case that is likely to head to further action in the higher courts, but I want to consider the judgment carefully, look at all 200 pages, and take the legal advice that he would expect me to take in such circumstances. We remain committed to implementing the legacy Act, including delivering the ICRIR.