Northern Ireland Troubles Bill

Hilary Benn Excerpts

Committee of the whole House & 3rd reading
Tuesday 20th October 2026 Commons Chamber

[Alex Burghart]

As ever, my hon. Friend gives us a powerful story of some of the dreadful things that happened.

As my right hon. Friend the Member for Goole and Pocklington said last week:

“If this Bill was really about human rights and justice, the first coroner’s inquest would not be about whether the killings at Loughgall were unlawful; it would instead be about one of the 1,800 murders carried out by the IRA, every single one of which was unlawful.”—[Official Report, 13 October 2026; Vol. 791, c. 333.]

There is, I am afraid, an inequity of priorities here. The Bill is not on the side of right. While I am on my feet on this point, I pay tribute to the veterans who are with us today, who help to keep our country safe.

[Hilary Benn (Leeds South) (Lab)]

Does the hon. Gentleman accept that the reason the Loughgall inquest began, and was then terminated by the previous Government’s legislation, is that the Attorney General in the last Conservative Government, who is also the Advocate General for Northern Ireland, decided, having considered all the papers, that it should be held? Is he telling the Committee that he disagrees with the decision of the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright)?

[Alex Burghart]

While I have the opportunity, I pay tribute to the right hon. Gentleman for his time as Secretary of State for Northern Ireland. We disagreed on many things, but he always conducted himself with great dignity and great respect, and I am grateful to him for the briefings that he gave me while we were opposite numbers.

Two things are true: our legislation would have stopped the Loughgall inquest. That was something that my party supported. Secondly, since that time, there have been some egregious cases in which the inquisitorial process has gone wrong, and we have seen why veterans have lost confidence in those inquisitorial processes. There is a viable alternative, which the right hon. Gentleman was good enough to recognise when he became Secretary of State. He decided not to tear up ICRIR completely or close it down, but to develop it. We might agree with that in some ways and not in others, but there is an alternative way of dealing with this matter, and I believe that that would command the confidence of many veterans, such as the hon. Member for Birmingham Selly Oak, who spoke out yesterday.

I turn to the issue of “new and compelling”, which was raised yesterday and is back again today because of new clause 22, in the name of the hon. Member for North Down (Alex Easton). The problem is that the Government claim that their qualification “essential” will restrict repeat investigations. However, legal authorities outside the House have pointed out that “essential”, as described by the Government, is no bar at all. As one leading lawyer put it:

“Any lawyer worth their salt can find new evidence”,

but a real test would be to find “new and compelling” evidence. Given that decisions have been taken to prosecute cases in which there is no evidence, there should be a check and balance, and a certification via a judge, to support the fact that there is new and compelling evidence. That would prevent a biased decision from being taken in Northern Ireland. The Bill currently provides no protection for veterans accused of unlawful shootings from rinse-and-repeat investigations. They are treated not as witnesses but as suspects. The Bill is drafted expressly to permit the past abuse to continue. The Secretary of State says that that is not the case, but he objects to amending the Bill in a way that enshrines his public statements that there should be no rinse-and-repeat investigations.

The Secretary of State has also said that witnesses cannot be approached unless there is new and compelling evidence, but that is not quite what the Bill says. Rather, whether there is new evidence is a factor to be weighed in the decision to approach witnesses. If it is considered “essential” but there is no new and compelling evidence, the witnesses can still be approached. There is absolutely no bar to approaching witnesses. The Bill does not define “essential”. The Secretary of State has given his Dispatch Box definition, but that means that what is “essential” will be open to interpretation by the legacy commission and the coroners. It is a subjective term, and that feeds uncertainty. What is essential to you, Ms Ghani, may not be essential to me.

--- Later in debate ---

[Hilary Benn]

I thank my right hon. Friend the Secretary of State for the way in which he has handled these two days of Committee consideration with such skill, grace and understanding. The fact that the temperature and the temper of the debate over the past two days have been markedly different from that which we experienced previously is, as I said at the beginning of my speech yesterday, a sign that the Government have listened, and that point has been recognised. I join the Secretary of State in thanking the civil servants in the Northern Ireland Office and other Government Departments for all the work that they have done on the Bill. They are as fine a group of civil servants as I have had the privilege to work with.

I mentioned yesterday my first visit to WAVE, when Sandra Peake, that wonderful human being, sat me down and said, “Hilary, one of the things that you need to understand is how intimate the violence was in Northern Ireland.” The story that we have just heard from my right hon. Friend the Secretary of State—indeed, the stories we have heard from so many right hon. and hon. Members over the past two days, and over the past 28 years—is proof of that. But today is a chance to recognise that this issue can now finally move on. I have said to the House many times that if dealing with legacy was easy, we would have done so a long time ago. It isn’t. It is really, really difficult; it is really, really hard.

The last group of people I want to thank are all right hon. and hon. Members across the House for the contributions they have made, because responsibility falls on all of us to get this right in the interests of the people who sent us here to represent them.

[Madam Deputy Speaker (Caroline Nokes)]

I call the Liberal Democrat spokesperson.