Northern Ireland Troubles: Legacy and Reconciliation Debate
Full Debate: Read Full DebateHilary Benn
Main Page: Hilary Benn (Labour - Leeds South)Department Debates - View all Hilary Benn's debates with the Northern Ireland Office
(1 day, 5 hours ago)
Commons ChamberI beg to move,
That the draft Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Remedial) Order 2025, which was laid before this House on 14 October 2025, be approved.
As every one of us knows, Northern Ireland continues to live with the legacy of the troubles. Over 3,500 people lost their lives during that period of brutal violence, including almost 2,000 civilians and over 1,000 people who were killed while bravely serving the state. We owe them, and always will, a huge debt of gratitude. Ninety per cent of all those who lost their lives were killed by paramilitaries. Each person was someone’s father, brother, sister, mother or child; each one a tragic loss of life.
In 1998, the people of Northern Ireland chose to leave this legacy of violence behind them when they voted for the Good Friday agreement, but for too many families of the victims, questions remain as to why their loved ones died and at whose hands. There have been many efforts to address the legacy of the troubles since, including the Stormont House agreement, reached between the last Government and the Irish Government in 2014, and, most recently, the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.
It is now beyond doubt that that last attempt—the legacy Act—whatever its intentions, fundamentally failed. It failed because it has been found in many respects to be incompatible with our human rights obligations; the legislation simply did not work on its own terms. But even more importantly, it failed because it did not command any support in Northern Ireland among victims and survivors or the political parties.
Fleur Anderson (Putney) (Lab)
I commend the Secretary of State for the careful and thoughtful work that he has done to bring the House to this place today. Does he agree that, with this remedial order, he is doing the right thing for victims? That means ordinary people, including veterans and the wider armed forces community, all of whom were injured or lost loved ones. They are the people we have in our minds today. It was the Conservatives’ bad legislation that led us to have to pass a remedial order, for only the 11th time since the second world war. Does he agree that—
I agree with my hon. Friend that the legacy Act needed dealing with. Any Government that came into office in summer 2024 would have to be doing what we are doing.
It is worth bringing to the House’s attention again the fact that the legacy Act, whatever its legality or otherwise, was predicated on our membership of the European convention on human rights. Does the Secretary of State agree, and will he reflect on the fact, that there was an appeal against the supposed illegality of the Act at the time of the general election by the previous Government, and this Government decided to ditch it?
That is indeed a wholly accurate description of the sequence of events, because this Government do not agree with immunity as a matter of principle—I will go on to advance the argument a little later—but the Act was also, as the right hon. Gentleman points out, found to be incompatible with our obligations as a nation because we continue to be signatories to the European convention on human rights.
I am extremely grateful to the Secretary of State for giving way; he is an immensely courteous Member of this House and always has been. He will be aware, however, that there is a live legal case by the Northern Ireland Veterans Movement, and that the very Human Rights Act he cited says that this kind of order ought not to be moved—indeed, it would be ultra vires—while a case is proceeding. How does he feel about that, and will he explain to the House why we are debating this at all given all that I have said?
I am grateful to the right hon. Gentleman for raising that point. If he will bear with me, I will come very directly to precisely that point a little later in my speech.
It is the Government’s view that there is both a legal necessity and an imperative for us to act, and this remedial order is the first step in that process. The remedial order will remove two key effects of the provisions of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 that were found by the courts in the Dillon case to be incompatible with our human rights obligations.
One of the main reasons for the failure of the legacy Act was its attempt to grant immunity, including to terrorists who murdered, in cold blood, soldiers and civilians in Northern Ireland and in towns and cities across England. In fairness, it probably seemed reassuring to veterans, and it was almost certainly reassuring to terrorists who had committed those acts, but it was a false promise that protected no one. It was never commenced, which is a very important fact. It was rejected by the courts as being incompatible with our legal obligations and, as a result, it was never implemented. No one ever got immunity, and while it may remain on the statute book, in practice it does not exist.
Nevertheless, while the Act has not been commenced, for many families any uncertainty about their loved ones’ killers being granted immunity has been a deterrent to coming forward to seek answers from the independent commission. There has also been opposition from some who served in Northern Ireland, because immunity undermines the rule of law that they were seeking to uphold.
David Crabbe, an Ulster Defence Regiment veteran who sits on the victims and survivors forum, said of immunity:
“The vast majority of veterans living in Northern Ireland did not want or feel as if they needed this protection. It was viewed as a perversion of the law, that went against the ethos of what those who served stood for, and what their role was in preserving law and order.”
And it was not only a false promise; it created a false equivalence between veterans on the one hand and terrorists on the other, and it still technically sits on the statute book today.
May I remind the Secretary of State—I know that he knows it, as he has heard it from me and others many times before—that there is nothing about creating a false equivalence between the two? Everybody is equal before the law. If anything created a false equivalence, it was the Northern Ireland (Sentences) Act 1998, which said that no matter how many murders a paramilitary had committed, and no matter how many illegal acts, if any, a soldier had committed, neither of them would ever serve more than two years of a sentence. That equivalence is there. It is not moral equivalence; it is equivalence before the law, and the 2023 Act did not initiate it.
The right hon. Gentleman is absolutely right when he describes the provisions of the 1998 legislation, but as he knows, that policy, along with the rest of the Good Friday agreement, was supported by just over 70% of the people of Northern Ireland in the referendum. It was a very bitter pill to swallow for many people in Northern Ireland, but it was a price to be paid for peace.
The point I am making in relation to this remedial order is that the last Government chose to legislate to give immunity to veterans and to terrorists on the same basis. The noble Lord Dodds said of the legacy Bill—which, by the way, he described as “rotten”—that it
“basically elevates terrorists and perpetrators of violence above their victims. That is fundamentally wrong.”
That is why we are bringing forward this remedial order to remove those provisions on immunity that have done so much damage to trust in Northern Ireland. Doing so will provide clarity and certainty ahead of the wider, significant reforms contained in the Northern Ireland Troubles Bill.
The remedial order will also remove the bar on troubles-related civil cases that stripped UK citizens of their right to seek redress. Section 43 of the 2023 Act left some 800 troubles-related civil cases involving the Ministry of Defence untouched.
David Smith (North Northumberland) (Lab)
My right hon. Friend may shortly be coming on to this, but civil cases have been raised as a concern given the potential for lawfare, notwithstanding that people like Gerry Adams are also subject to civil action in the coming months. Will he outline what he expects in terms of civil cases against those who served in our military or security services?
I am grateful to my hon. Friend for that intervention. Those 800 cases were untouched and the Act allowed them to carry on—that is a very important point, given some very inaccurate press reporting at the beginning of this week, of which I am sure many right hon. and hon. Members are aware—but it did stop about 230 new civil claims proceeding. Those claims were lodged after First Reading of the legacy Bill, and about 120 of them are against the MOD. It also prevented any more claims from being brought in future. The point I am making is that there are 800 cases already there, left untouched by the last Government’s legacy Act, and 120 cases against the MOD that have been added since that will be enabled to proceed if the remedial order passes. As we know, that bar on new civil cases was found by the courts to be incompatible with our legal obligations.
I intend to return to this matter in my contribution later on, but the issue of civil cases highlights most starkly the discord even between the courts. The High Court in Belfast focused only on the retrospective application of the provisions on civil cases, but the Court of Appeal then said that not only should it not be retrospective, but it should have no application in the future. There was a disagreement between the High Court and the Court of Appeal about the import of the measure, yet the Secretary of State, more determined to pursue his policy objective than the law, decided not to appeal that issue in the Supreme Court. That is why there are questions about the appropriate nature of this remedial order—does he accept that?
It is not unusual for higher courts to take a different view on a matter to that taken by lower courts—that is the way the law works. I would give the same answer to the right hon. Gentleman that I gave to an earlier intervention, which is that the Government’s view is that citizens of the United Kingdom should be able to bring civil cases as a matter of principle.
The right hon. Gentleman may disagree, but that is the view of the Government, and that is why we withdrew the appeal in relation to that element of the judgments to which he just referred.
We should remember that civil cases have been brought by family members of victims who were murdered during the troubles against the paramilitaries who were responsible. In 2009, four individuals were found by a civil court to be responsible for the Omagh bombing. There has also been a civil case looking into the Hyde Park bombing, where John Downey was found to be an active participant in the killing of four soldiers, and—this was referred to a moment ago—a civil case against Gerry Adams is due to take place in London this year. Therefore, to vote against this remedial order would be to prevent any more such cases from being brought against paramilitaries in future.
As the Secretary of State well knows, the Blair Government handed out hundreds of so-called letters of comfort to alleged IRA paramilitaries following their release from prison. John Downey, the alleged Hyde Park bomber, produced such a letter during his trial at the Old Bailey, whereupon the trial was immediately abandoned. Our Northern Ireland veterans have no such letters of comfort. Does the Secretary of State agree that that letter of comfort let John Downey off on that particular occasion?
As I am sure the right hon. Gentleman is well aware, in that case Mr Downey was issued with a letter of comfort wrongly. The letter said, “We’re not seeking you for anything,” when clearly the state was seeking him for something because he had been charged with the Hyde Park bombing. As I recall, the judge said, “Well, I’m afraid this is an abuse of process,” and stopped the case. However, the letter that Mr Downey received did not give him immunity, because he is currently—this is a matter of public record—awaiting trial, charged with the murder of two soldiers in, I think, 1972. That proves what many have said, including former Prime Ministers, the chief constable and judges, which is that the letters of comfort—the on-the-run letters—never did, and do not now, grant anybody immunity.
The right hon. Gentleman changes the subject, from what the letter of comfort was given for to what it was not given for, which does not prove anything about the letter of comfort. What is the case is that the judge said at the time that he could not rule on the case because the state had made a promise to Mr Downey, and that prevented the case. We also have the Queen’s grant of mercy, which is an amnesty, and people were released early, which is another form of amnesty. For the Secretary of State to say that the Good Friday agreement did not involve amnesties is simply in defiance of the facts.
If we are going to get on to the facts, the early release scheme was part of the Good Friday agreement, and the people of Northern Ireland voted for that agreement knowing what it involved. The royal prerogative of mercy was granted, but it never gave pardons and the convictions of those who received it were never quashed. It was put in place to allow for those individuals who, for technical reasons, could not be eligible for the early release scheme—that is the history of that. On the letters of comfort, the right hon. Member for Goole and Pocklington (David Davis), who is very learned in these matters, has not challenged the basic argument that I have put, which is that the fact that Mr Downey is currently awaiting prosecution proves that the letter he received did not give him immunity from prosecution.
Lincoln Jopp (Spelthorne) (Con)
On that point, will the Secretary of State give way?
I will make some progress.
We cannot and should not allow the victims of the troubles to be denied redress through the courts. That is our view of principle, although I recognise that the leader of the Democratic Unionist party, the right hon. Member for Belfast East (Gavin Robinson), takes a different view.
I will now turn to the argument that the House should delay the approval of the remedial order, which we heard advanced in the House before Christmas. Section 10(1) of the Human Rights Act 1998 allows a remedial order to be made on two grounds: first, if there has been declaration of incompatibility in relation to a provision of legislation and an appeal against the declaration has been “determined or abandoned”—the word “abandoned” is really important here—and secondly, if there are “compelling reasons” to do so.
The High Court of Justice in Northern Ireland clearly made a declaration of incompatibility in relation to immunity, and in July 2024 the newly elected Government abandoned these aspects of our appeal. The Government are therefore clear that the issue of incompatibility for the immunity and civil claims provisions are no longer part of the appeal now before the Supreme Court.
Jim Allister (North Antrim) (TUV)
The Secretary of State needs to go back to what the High Court judgment said in the Dillon case. If he looks at paragraph 710, he will see that the basis of ruling that immunity was unlawful was not just in respect of the ECHR, but also in respect of article 2 of the Windsor framework. That aspect, which is wholly intertwined with this question, is the subject of an appeal presently before the High Court. How can it be that a challenge that caused the High Court to decree that something was non-applicable was based upon the applicability of article 2 of the Windsor framework, and there is an appeal on that point? How is that not something that rules this order out under section 10?
It does not rule it out under section 10 for this reason: there are two parts to the court’s ruling in relation to immunity. The first part was that the court found immunity to be incompatible with our international human rights obligations. The Government withdrew an appeal against that finding. That finding remains because the appeal was abandoned by the Government, and that gives the Government the right to proceed with the remedial order. The second part of the judgment was that, in addition to finding the immunity provisions incompatible with the ECHR, the court decided to strike them down under article 2 of the Windsor framework. The hon. and learned Gentleman is quite correct that the Government are continuing with the appeal in that respect, because there is a genuine argument, which the Government have advanced, as to whether article 2 is being interpreted in the right way, because it seems like rather an expansive interpretation.
The fact that the Northern Ireland Veterans Movement was granted permission to intervene in relation to the interpretation of article 2 of the Windsor framework—that is what the court allowed it to come in and talk about—and the fact that the court is considering the question of the interpretation of article 2, do not and cannot alter the fundamental legal reality that immunity has been found to be incompatible with the European convention.
Several hon. Members rose—
I will give way to the two Members I have seen standing, and then I will bring my remarks to a close so that others can contribute.
Jim Allister
May I refer the Secretary of State to what paragraph 710(ii) of the Dillon judgment says? It says:
“Pursuant to section 7A of the EU (Withdrawal) Act 2018 article 2 of the Ireland/Northern Ireland Protocol/Windsor Framework has primacy over these provisions thereby rendering them of no force and effect. These provisions should therefore be disapplied”,
because of article 2. Article 2 is before the Supreme Court, so it is inextricably linked to section 10.
With great respect, I disagree. In answer to the hon. and learned Gentleman’s first intervention, I tried to explain that he is right in what he reads out in relation to article 2; it is the subject of a continuing appeal. However, the declaration of incompatibility under the ECHR remains, because the court ruled both of those things. It is not at issue in the appeal, and that gives the Government the ability to bring forward an order under section 10. I will give way to the hon. Member for Spelthorne (Lincoln Jopp), but then I will bring my remarks to a close.
Lincoln Jopp
This is all getting quite technical, so I want to come back to the fundamentals of justice. If the Secretary of State were able to, would he like to give immunity to our veterans?
I am of the view that I listen. I quoted what David Crabbe said earlier, and he was opposed to immunity. The Government have listened to what the veterans commissioners and many others have said, which is, “We do not want immunity, and we are not calling for immunity; we want fairness under the law.” I have made it clear to the House that the Government do not agree with immunity as a matter of principle. When our brave soldiers put on the King’s uniform, they are upholding the law and operating underneath it. As Ben Wallace, the distinguished former Defence Secretary, said, “We abide by the rule of law; that is what makes us better than the terrorists.”
Section 10 of the Human Rights Act also requires that I have “compelling reasons” to proceed. Although the Government have indeed introduced primary legislation, we are clear that these repeals need to happen as quickly as possible. Why? Because we need to provide clarity on immunity to build trust among victims, survivors and, indeed, veterans in the independent commission, because while immunity remains on the statute book, it will be harder for them to obtain the confidence of some victims and survivors.
I will continue.
I have tried to cover the point that some have argued, particularly in the other place, that we should delay the remedial order until the Supreme Court ruling in the Dillon judgment. It is really easy to ask the Government to wait, but I think it is much harder to ask families who have endured unimaginable suffering at the hands of paramilitary violence, including forces families, to continue to wait while time marches on. As we know, many of them are elderly and have been waiting a very long time for answers.
In my view, and in the Government’s view, we should make these repeals as early as possible through the remedial order so that we have a legal framework that is fair, just and compliant with human rights. I have described it as a downpayment on trust ahead of the Northern Ireland Troubles Bill, and I will do so again. That is why I am firmly of the view that the Government have compelling reasons for proceeding with this order. Even more importantly, this is also the view of the Joint Committee on Human Rights, to which I am grateful for its diligent consideration of this matter.
On the point of trust, just so that we get it on record, is there any guarantee that the Republic of Ireland will withdraw the inter-state case if this legislation passes?
The basis of the Republic of Ireland’s inter-state case, which is a matter for the Republic of Ireland—[Interruption.] Just let me answer the question; I will do my best to respond. The basis of the inter-state case was that the last Government’s legacy Act was incompatible with the European convention on human rights. It is correct in advancing that argument, because the courts in Northern Ireland have found the last Government’s legacy Act to be incompatible in a number of respects. The Government’s job is to ensure that the legislation is made compatible, so that everyone in Northern Ireland can have confidence in the framework that we are trying to put in place, with as much support as possible. At that moment, there will be no basis for the inter-state case any more. What the Irish Government do with that case is a matter for them, but it will have no basis and it will not be able to go anywhere, because the House of Commons and the other place will have remedied the incompatibilities.
I am grateful to the Joint Committee on Human Rights for its diligent consideration of this matter.
Will the Secretary of State give way?
I just ask the Secretary of State to acknowledge that the Committee’s opinion was not unanimous.
I was not about to advance the argument that it was a unanimous decision, but many a piece of legislation and many a report of a Committee throughout the history of this House has been passed on a majority vote. That is how we reach decisions, and the JCHR could not have been clearer in its second report: recognising the
“unique and delicate circumstances surrounding Northern Ireland legacy matters…the Government has”
sufficiently
“compelling reasons to proceed by way of remedial order”.
The Committee has recommended that this order be approved by both Houses of Parliament, and I urge the House to heed that recommendation by voting for the order tonight.
I call the shadow Secretary of State.
We have had a very full and wide-ranging debate in which many different contributions have been made, demonstrating once again just how difficult it is to deal with legacy—I think that is a truth around which we can all rally. If it were easy, it would have been dealt with a very long time ago, but its difficulty does not mean that we should not attempt to deal with it.
The hon. Member for Brentwood and Ongar (Alex Burghart) made his case. I gently say that I was slightly disappointed when he suggested at the end that the Government are doing this for reasons that are, in some way, hidden or unknown, or that may only be discovered in the years to come. I hope he would accept that the Government’s reasons are very clear.
First, the order will deal with the failure of the previous Government’s legacy Act, for the reasons that I tried to set out in my opening remarks: failure legally and failure because it gained no consent from people in Northern Ireland.
The Secretary of State said there is no consensus in Northern Ireland. Having listened to tonight’s speeches, does he believe his approach has achieved that?
I have listened very carefully to every single contribution, and I think it is fair to say that the majority of people speaking in this debate do not agree with immunity. They might not all vote for the remedial order tonight, but they do not agree with immunity, and that is the Government’s position. I respect those who take a different view, but I think it is a failed policy—it does not exist. We are charged with taking away something that does not exist, was never enacted and was found incompatible by the courts.
The right hon. Gentleman is generous in giving way. Does he accept that conditional immunity, which is all that was in the legacy Act, is the very foundation of all the legislation passed after 1998? For the Labour party now to pretend that it is in some way morally abhorrent is utterly inconsistent.
What I am saying is that the Government do not agree with the conditional immunity contained in the legacy Act. The word “conditional” is always used as if it does not necessarily guarantee that immunity will be granted, but I urge Members who think that to go and read the legislation passed by the last Government.
If someone comes forward, whoever they are, and gives a full and truthful account that persuades the commission that it is a full and truthful account of what they did which would have been a criminal offence, the legislation does not say, “Well, you can make your mind up and decide whether to grant it or not.” The legislation passed by the last Government said that the commission must grant immunity. In those circumstances, it does not sound very conditional to me.
Several hon. Members rose—
I am going to make some progress because I am trying to respond to the many points raised in the debate.
The second reason we are doing this is that we want those who are still seeking answers to be able to seek them in a system that they have confidence in, and there has not been confidence under the previous Government’s legacy Act, for the reasons we have heard, including from Northern Ireland Members.
The hon. Member for Wimbledon (Mr Kohler) made a very powerful contribution in defence of our human rights obligations, and I am grateful for his support and that of his party for the remedial order. We heard important contributions on both sides of the argument—I recognise that, and I recognise the sincerity and force with which those arguments were made. On the Government Benches we heard contributions from my hon. Friends the Members for Middlesbrough and Thornaby East (Andy McDonald), for Bracknell (Peter Swallow), for Halesowen (Alex Ballinger), and for Leyton and Wanstead (Mr Bailey). If I may say so, the hon. Members for Belfast South and Mid Down (Claire Hanna) and for Lagan Valley (Sorcha Eastwood) both made extremely strong and well-argued cases.
The right hon. Member for Belfast East (Gavin Robinson) says that we should wait. He is perfectly entitled to advance that argument, but he is one of the majority of those who have taken part in the debate who are in favour of getting rid of immunity, which is what the remedial order does. The hon. and learned Member for North Antrim (Jim Allister) said that nobody is interested in those who were affected by the Kingsmill massacre. I disagree with that. As he will know, the Kingsmill massacre is currently the subject of an investigation by the legacy commission, and I hope that, along with all those investigations, it is able to make progress.
I understand why the Secretary of State focuses on amnesty, because it means that he does not have to focus on the things he did not include, which are also incompatible, or on other things that are included. Can he indicate to the House what he will do if the Supreme Court says that he is wrong, and therefore this remedial order was wholly inappropriate?
We are all subject to the decisions of the Court. The right hon. Gentleman asks a hypothetical question, and, like answers to all hypotheticals, I would say that we will cross that bridge if and when we come to it.
I am afraid that the hon. Member for Spelthorne (Lincoln Jopp) is wrong on the question of interim custody orders, because he has not caught up with what the Government have done. The one difference between the first version of the remedial order and the one we are debating, is that the Government listened to arguments that were made, which said, “Why are you taking sections 46 and 47 off the legislation?” Those sections were added very late in the day during consideration of the legacy Bill in an attempt to deal with the consequences of the 2020 Supreme Court judgment. That did not uphold the Carltona principle—which, as the House knows, has long held that anything signed by a junior Minister has the force of the signature of the Secretary of State. In that case, the Supreme Court decided that it would not apply that to the signing of interim custody orders. We decided to leave that defence there, even though it has proved flimsy because it did not win out in the Fitzsimons case, and we are bringing forward legislation that we think will do the task of restoring the legality of those interim custody orders that were signed, whether by the Secretary of State at the time or by other Ministers. That is extremely important.
The right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) spoke about his friend Robert Nairac, and we are all living in hope that his remains, and the other three sets of remains, will be found. The Independent Commission for the Location of Victims’ Remains said, “If you give information about the location of remains, anything that is found and the information you have given us cannot be used in a prosecution”.
I am not going to give way because I want to respond to the other points raised.
What the commission set out is what is known as a protected disclosure—a protected disclosure that the previous Government agreed to when they reached the Stormont House agreement and came up with the idea of the information recovery body. That is part of the troubles Bill that we have published, but there is a world of difference between a protected disclosure and immunity from prosecution.
It has been suggested that this is about relitigating who won, but the answer to that question is already crystal clear: peace won. Peace won in Northern Ireland because of the Good Friday agreement. This is not about placating anyone; it is about seeking to do the right thing. It is not about dredging up the past.
No, it is not about dredging up the past. Like many right hon. and hon. Members, I have met far too many people—the families of victims—who live with the past every single day, and have done for the past 20, 30, 40 or 50 years. The hon. Member for Strangford (Jim Shannon) laid bare the pain, the sorrow and the heartache that the loss of loved ones has caused to so many people across Northern Ireland. That pain, sorrow and heartache is as powerful today as it was, I suspect, on the day that they first heard the news of the death of their loved ones.
The Government are seeking to put in place a system in which more people can have confidence—because there was not widespread confidence in the previous Government’s legacy Act on the part of victims, survivors, political parties and others in Northern Ireland—so that, where it is possible, answers can be found. You only have to look at the figures for prosecutions to see that they are diminishing rapidly. There are nine cases that are currently live and, by the way, seven of them relate to paramilitaries and one relates to the Army. When it is said that these measures are only about the armed forces, that is not correct because that is not what the evidence shows currently; there are nine live cases, seven of which relate to paramilitaries.
We will return to the troubles Bill in Committee, and I hope that the House will be able to come together to fashion a system that more people can have confidence in, so that the people we have met and heard from, who are still tortured by the fact that they have not had answers as to what happened to their loved ones, may have the chance to find those answers. It is in that spirit that I ask the House to support this remedial order.
Question put,