Northern Ireland: Legacy of the Past

Hilary Benn Excerpts

Thursday 19th March 2026 Westminster Hall

[The Secretary of State for Northern Ireland (Hilary Benn)]

It is a great pleasure to serve under your chairship, Dame Siobhain. I congratulate my hon. Friend the Member for Gower (Tonia Antoniazzi), who chairs the Select Committee with such distinction, on securing the debate. I thank the members of the Select Committee who have come today, including those who I know have made a very special effort to be present. The Government have published their response to the report. I will not rehearse all those arguments and details today, but I will do my best, in the limited time I have, to respond to many of the points that have been made.

As we have heard, not least from the hon. Member for Strangford (Jim Shannon), the legacy of the troubles still affects the lives of many people in Northern Ireland. We need to get this right. We know how we got here: the previous piece of legislation, whatever its intentions, did not work, and that is why we have the troubles Bill before us. I am confident that the provisions contained in the Bill will bring about the necessary reform to the commission. I think it is fair to say that it had a reasonably positive response from victims and survivors and others in Northern Ireland, although there is still a deep lack of trust in what has happened.

We undoubtedly owe our Operation Banner veterans an enormous debt. I will be clear: there will be no rewriting of history. The Bill is not going to change the way in which people view the troubles. As we have hard, terrorists were responsible for the vast majority of deaths. There was always an alternative, and there never was—never will be—any equivalent between our brave armed forces and those who set out to kill their fellow citizens.

The Bill includes strong safeguards for veterans that were not in the legacy Act. They have been introduced to try to ensure that veterans have fair treatment, but I am, with the Secretary of State for Defence and the Armed Forces Minister, looking at what more we can do to build greater confidence. The House will see the result of those considerations in Committee, and the date will be set in the normal way. I have to be frank in this debate, however, that we are not going to accept any proposals that seek to reintroduce the immunity provisions. The Government disagree with immunity as a matter of principle and there is no support in Northern Ireland. Equally, there is no question of anyone who followed the rules being prosecuted.

To respond to the points raised, on funding, as I said to the Select Committee, there will need to be further discussions as the caseload of the commission unfolds. The victims and survivors advisory group has a very specific role. I made it clear that I am looking to ensure veteran representation on it. I agree with what Joe McVey said about the nature of some of our debate, but I think we have had a more balanced debate this afternoon.

On close family members, which was raised by the Chair of the Select Committee and my hon. Friend the Member for Cumbernauld and Kirkintilloch (Katrina Murray), we have to strike a balance. Clearly, if there are no close family members, other family members—for example, grandchildren—can bring cases, but the House needs to think about what happens if one family member says, “I want it investigated,” and another says, “I do not.”

On the appointment of judges, the point was made that Ministers appoint judges to public inquiries and I do not hear people saying, “That means the judges are not independent,” but of course the holder of this office will take advice from judicial experts. On disclosure, which was raised by the Chair of the Select Committee and the hon. Member for Wimbledon (Mr Kohler), we are making two changes: there will be a duty to conduct a balancing exercise and to give reasons where possible, and it will be open to anyone to judicially review.

On the point about the Irish commitments that many Members have raised, the Irish Government have said that once our legislation is in place, they will give the fullest possible co-operation to the legacy commission. They had already established by the end of December the Garda Síochána unit and it will pursue potential investigative opportunities. I was in Dublin to discuss that earlier this month. The Irish Government have now published the legislation to enable witness evidence to be given to the Omagh inquiry. I take the point about the separation, but I think that shows good faith because I have no doubt in my mind that the legislation to give effect to that fullest possible co-operation will appear soon.

I have great respect for the right hon. Member for New Forest East (Sir Julian Lewis). I do not think I have ever insulted anyone in any debate about legacy, and I respect the point that he advances. However, with respect, there are no vexatious prosecutions—please can we not use that phrase? If we go down that road, it says something about independent prosecutors that I think is not justified by the evidence. I would draw to his attention and that of the House the protected disclosure arrangements under the Independent Commission on Information Retrieval that the troubles Bill will introduce, which were negotiated by the last Government under the Stormont House agreement.

My hon. Friend the Member for Putney (Fleur Anderson) made a powerful point about investigations that were shut down. I say to the hon. Member for South Antrim (Robin Swann) that the protections were designed for veterans—that is why they are in the legislation—but they apply to all, mostly for the reasons that the right hon. Member for New Forest East set out: we have to treat people fairly under the law.

On sexual crimes, the Bill will deal with the gap that the legacy Act created, because there will be no alleged sexual offences that occurred during the period of the troubles that cannot be investigated, and that is extremely important. I agree with my hon. Friend the Member for Cumbernauld and Kirkintilloch, who serves on the Select Committee, that this is probably our last best chance to get this right. No Member of the House shows more clearly the effect that the troubles have had on individuals and families than the hon. Member for Strangford. I agree with the hon. Member for Wimbledon that victims need to feel heard.

I say to the hon. Member for Brentwood and Ongar (Alex Burghart), for whom I also have enormous respect, that it is not a case of reopening old wounds. The wounds have never healed, which is why so many people are still searching for answers. I agree that attitudes towards the ICRIR are beginning to change; the growing caseload is a sign of that. I would, however, suggest that the fact that there will be further changes to the way it works—I took the decision not to abolish it, because I have confidence in Sir Declan, as the hon. Gentleman does—gives people greater confidence in coming forward, because that is what this is all about.

Given the wide range of views held by so many people, it will not be possible—let us be honest—to give everybody everything they are looking for. As I have said before, if dealing with legacy were easy, we would not be sitting here this afternoon debating it; it would have been done a long time ago. It is the unfinished business of the Good Friday agreement, and we have to find a balance.

I pledge to the House that I will continue listening to everyone who has views to express, including the Select Committee, because every single one of us is only too conscious of the passage of time. For families, time is running out and they still do not have the answers. That is why the Government are determined to sort this out and build the trust that has been so absent for victims, survivors, those who serve and wider society in Northern Ireland. We really must make every effort we can to get this right, above all for the families who have waited far too long for answers.