Northern Ireland Act 1998: Consent Process Outcome
Hilary Benn Excerpts(1 week, 6 days ago)
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The Secretary of State for Northern Ireland (Hilary Benn)
Following my written ministerial statement of 2 December (HCWS277), I can confirm that the Northern Ireland Assembly held a vote on the continued application of articles 5 to 10 of the Windsor framework yesterday. The motion passed with a majority of the elected Members voting, but not with cross-community support.
As set out in both schedule 6A to the Northern Ireland Act 1998 and article 18 of the Windsor framework, this result means that the next of these votes will take place in four years’ time and not eight years’ as cross-community support was not forthcoming.
I am now under a legal duty to commission an independent review into the functioning of the framework. The review will report to me with its findings within six months, after which I shall be required to lay a copy of it before Parliament and then to respond.
The Government are, separately, obliged to inform the European Union of the result of the vote and the Minister for the Cabinet Office will shortly do so in line with the terms of the Windsor framework. I shall continue to keep the House updated on these matters.
[HCWS295]
Northern Ireland: Legacy of the Troubles
Hilary Benn Excerpts(2 weeks, 6 days ago)
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The Secretary of State for Northern Ireland (Hilary Benn)
With permission, Madam Deputy Speaker, I would like to make a statement on the legacy of the troubles in Northern Ireland. The timing of the statement was chosen so as not to take time away from the Opposition day debates we have just had, while also enabling the Northern Ireland Court of Appeal to be updated today.
Addressing the legacy of the troubles was one of the aims of the Good Friday agreement, but this task remains incomplete. Too many families I have met have had to wait too long to find out what happened to their loved ones. I have found it difficult to listen to their stories about the brutality of the killings, the way some of them were treated afterwards, and the passing of the years without finding answers.
The approach taken to legacy by the last Government was wrong. It was rejected by the Northern Ireland political parties, victims’ groups and the Irish Government, and it was opposed by the Labour party when we were in opposition. Aspects of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 have now been found by the courts to be incompatible with our obligations under the European convention on human rights. This must be remedied, and the Government are committed to repeal and replace that legislation, as set out in our manifesto.
I am today laying a remedial order under the Human Rights Act 1998 to take the first steps to honour that commitment. This order will remedy all of the human rights deficiencies in the legacy Act identified by the Northern Ireland High Court in February in the case of Dillon and others, and one issue from the Court of Appeal judgment in September. Specifically, the order, if adopted by Parliament, will remove all provisions from the Act relating to the immunity scheme, which—let it not be forgotten—would have enabled any of those who perpetrated the most appalling terrorist crimes to seek immunity from prosecution from the Independent Commission for Reconciliation and Information Recovery, although, as many victims’ families recognise, with the passage of time the prospect of successful prosecutions is increasingly unlikely.
The order will also enable all civil proceedings that were prohibited by the legacy Act, including future cases, to proceed. This means that individuals will once again be able to bring troubles-related cases to the civil courts—a basic right denied them by the legacy Act.
In addition to laying this remedial order, I can also announce today that I will introduce primary legislation when parliamentary time allows. This legislation will implement our promise to restore inquests, starting with those that were previously halted by the legacy Act. It will also, in direct response to the Northern Ireland Court of Appeal’s findings, amend the disclosure regime so that it is fair, transparent and, crucially, allows for the greatest possible disclosure of information, following very closely the model for statutory inquiries and other established processes.
We will also ensure that, in specific circumstances—namely, in cases that are unable to proceed as an inquest—the independent commission is able to hold public hearings, take sworn evidence from individuals and ensure that families have effective representation. Although the courts have found the commission be sufficiently independent to conduct article 2 compliant investigations, the confidence of families in its work is paramount, so we will make further changes to reform and strengthen the commission’s independence, powers and accountability. As part of this work, we will consider provisions previously included in the draft Stormont House agreement legislation, as well as learning from the experience of Operation Kenova.
The steps I am outlining today seek to correct the mistakes of the previous Government’s approach, ensure compliance with the ECHR and deliver on what this Government have promised: the removal of conditional immunity; the reinstatement of legacy inquests halted by the legacy Act; restoring civil cases; and reforming ICRIR, while enabling it to continue working on behalf of the growing number of families who have already sought its help.
The many conversations that I have had with interested parties in recent months have been invaluable in the development of this approach. I will now undertake further discussions on specific measures to be included in primary legislation so that, together with the remedial order, the Government fulfil our commitment to repeal and replace the legacy Act. This will include families, victims and survivors groups, Northern Ireland parties, civil society and the veterans community, recognising the dedicated service of the vast majority of police officers, members of the armed forces and the security services who did so much to keep the people of Northern Ireland safe during the troubles. I want to take the opportunity to reassure the House that the Government are committed to ensuring that veterans receive the right welfare and, where appropriate, legal support.
I will, of course, also continue to have detailed discussions with the Irish Government, who, as co-guarantors of the Good Friday agreement, are an essential partner in this process. I hope that the UK and Irish Governments will be able to agree a way forward that is underpinned by the principles set out in the Stormont House agreement.
I am sure that everyone recognises that, as time passes and families grow older, we need to get on with enabling them to obtain the information, accountability and acknowledgement that they have long sought. In parallel, the Government also need to set out the grounds for appeal on elements of the Court of Appeal judgment. As I have said, the Government will use primary legislation to respond directly to a number of the Court of Appeal’s findings on disclosure. However, the primacy of the Executive in decisions relating to the security of the state is a principle long recognised by UK courts and is a crucial element of our ability to keep people safe. For this reason, we will appeal the Court’s specific finding relating to the Secretary of State’s power to preclude the disclosure of sensitive information in circumstances where such disclosure would prejudice the national security interests of the United Kingdom.
Furthermore, the Court’s findings relating to effective next-of-kin participation in cases that would otherwise be inquests raise issues that could reach far beyond the scope of the legacy Act. It is important that the Government seek legal clarity from the Supreme Court, and that is why we have decided that the Government must seek to appeal on this particular issue as well. The Government will also pursue an appeal in relation to the findings on article 2 of the Windsor framework, for reasons I set out in my written ministerial statement of 29 July.
I would like to say as clearly as possible that these decisions on appeal are to address wider concerns and their potential impact far beyond the legacy Act and Northern Ireland. They will not slow down our efforts to seek agreement and bring forward legacy legislation so that the ICRIR, which has begun its work, can demonstrate its capacity to assist victims and families.
Finally, what is all this for? It is to ensure that families who have lost loved ones—families who above all should be in our hearts and minds today—can finally learn what happened. Nothing will ever ease the pain that they endure to this day, but we must hope that society in Northern Ireland, which has come such a long way since 1998, can begin to heal the terrible wounds of the past and look to a better future. I commend this statement to the House.
Alex Burghart (Brentwood and Ongar) (Con)
I thank the Secretary of State for advance sight of his statement, for giving an oral statement on this very important subject, and for scheduling the statement at such a time as would not interfere with the Opposition day debates—that was very decent of him.
I do not intend to rehearse all of the long debates that were had in the last Parliament over the legacy Act. The Labour party won the general election on a manifesto that included a number of measures that the Secretary of State has just discussed, and it has a mandate to make the changes it wants to make. But I will say this: there was an attempt by the last Government—a desire from the last Government—to draw a line under many difficult things that had happened, and with the actions the Government are now taking that line is being erased.
I will remind the House of the central reasons why the last Government legislated. They did so to try and protect some elderly people, including servicemen, who were being brought before inquests to discuss events that may or may not have happened very many years before. This was a process inevitably weighted against the police and the armed forces, who kept records and whose servicemen were easily locatable and contactable. Tonight there will be many such men harbouring a sense of dread. I know the Government are taking a different approach, but I do ask them to spare a thought for those men this evening and to think very deeply about what they can do to support them and what help they can offer them.
I have a number of questions for the Secretary of State. I appreciate that he may not be able to answer them all this evening, so I would be grateful if he would undertake to write to me on these very important matters.
The first issue I would like to touch on is the ICRIR, which was set up by the legacy Act. Indeed, for all the Government’s current talk of wanting to replace the legacy Act, a very large part of that legislation is concerned with its establishment. I was very pleased earlier in the year that the Secretary of State affirmed his support for the ICRIR and for Sir Declan Morgan, who is doing an admirable job of overseeing it.
In his statement, the Secretary of State said that he will
“reform and strengthen the commission’s independence, powers and accountability.”
I would be grateful if he could set out exactly how and why he intends to do that, given that in September Sir Declan made it clear that he already had the necessary independence and powers to do his job.
Secondly, I was pleased to hear that the Secretary of State intends to appeal the Court’s specific finding regarding the Secretary of State’s power to preclude the disclosure of sensitive information in circumstances where disclosure would be prejudicial to national security, but will he confirm that, in the event that his appeal is unsuccessful, the Government will legislate to ensure that national security is protected? If he does so, he will have our support.
Thirdly, I must ask the Secretary of State about the new regime that is emerging—it seems rather more by accident than design—and how it will work. We will have inquests, the ICRIR and inquiries. Who will decide which route a family goes down? Will it be the family, the Government or the courts? What criteria will be used? How will disputes about the route chosen be adjudicated? One of the qualities of the legacy Act was that it greatly simplified the system. The system is now being returned to complexity.
Finally, I must ask the Secretary of State to give the House some clarity on the Government’s position on article 2(1) of the Windsor framework. I am pleased that he is continuing his appeal against the Colton judgment handed down in July. That was a decision in which the Court of Appeal sought to disapply statute, and in his statement in July he referred to it as a technical point of law, but it is quite some technicality. Article 2(1) of the Windsor framework is very important in this judgment, and I would like him to be able to give clarity on the Government’s position. Is it, as the last Government’s position was, that the rights available to the people of Northern Ireland under the Belfast agreement should not be diminished as a result of our leaving the EU, or is it that a broader range of rights available at the time of our departure from the EU should not be diminished as a result of leaving the EU, or is it that the rights of the Northern Irish people should keep pace with EU law as it develops? Those are incredibly important points of law that will have a long consequence in British courts. I would be grateful if he could give the House clarity on those matters.
Hilary Benn
I am grateful to the hon. Gentleman for the manner of his response and for acknowledging that the Government have a mandate to introduce the changes I have set out today, although he did not comment on the fact that a number of elements of the legislation that the last Government put in place have been found to be incompatible with our international obligations under the European convention on human rights, and that alone is a demonstration of the failings of that particular legislation.
I acknowledge the point that the shadow Secretary of State raised about veterans, and we hold them very close to our hearts, as I know does the Defence Secretary, my right hon. Friend the Member for Rawmarsh and Conisbrough (John Healey), who is in the Chamber this evening.
The shadow Secretary of State asked about the ICRIR. Indeed, the courts have found it to be independent, and it has considerable powers. It is currently investigating a first case that I referred to it yesterday, following a report from the Police Service of Northern Ireland. The purpose of the changes that I will be discussing with all the parties I set out in my statement will be to further build confidence in ICRIR. Part of the reason ICRIR does not currently command the confidence of all survivors and victims groups is because it was created in an Act that closed off any other route of remedy. People were told, “You cannot have a civil case. You cannot have an inquest. If you are having an inquest now, we are cutting it short on the 1 May deadline, and the only place you can then go is ICRIR.” If I may say so, that damaged confidence in ICRIR. I have great confidence in Sir Declan Morgan, and people have now started coming to ICRIR, and I want to build confidence. That is the basis of the further changes that I propose to come to later on.
On the hon. Gentleman’s question on disclosure, I have to say that, if we get leave to appeal, we will have to wait and see what the Supreme Court has to say about that. When it comes to the different regimes, as he will know, for ICRIR, families can approach it and say, “I would like there to be a review or, if you think it appropriate, an investigation.” Certain people have powers to refer cases to ICRIR—I have just done so in the case I have outlined. It is for the Government to decide whether to launch public inquiries.
Yes, there is some complexity, as the hon. Gentleman might say, but it does give people a choice, and it does give them their rights. How could we say to citizens in one part of our important United Kingdom that they could no longer have the right to bring a civil case? That is what the legacy Act did, and that is what the Court of Appeal has recently found to be incompatible.
Finally, on article 2, I am not a lawyer but I think the hon. Gentleman set out quite well the range of issues that arise out of the way in which the courts have thus far interpreted article 2 and its application. As the courts have taken what I might describe as an expansive view of what article 2 means compared with what some people might have thought when it was originally written, it is important for the Government, and indeed for the country, to go to the Supreme Court and ask, “Which is the right interpretation?”
Adam Jogee (Newcastle-under-Lyme) (Lab)
I thank the Secretary of State for his statement. Earlier this week, the Northern Ireland Affairs Committee, led by my hon. Friend the Member for Gower (Tonia Antoniazzi), visited Northern Ireland, where it was clear from our discussions with many stakeholders that real progress has been made since 1998 but that there is much more to do so. First, how does the Secretary of State think this announcement will bring people in Northern Ireland together? Secondly, will he tell us when he plans to bring forward the primary legislation to which he referred?
Hilary Benn
The answer to my hon. Friend’s second question, as I have already indicated, is when parliamentary time allows. In answer to his first question, I hope that people will see a Government seeking to address the evidential shortcomings of the legacy Act, but it is my wish to achieve as much consensus as possible. I am not naive, and I am not going to stand before the House today and think that in the end I will get everybody to back the proposals that I have already brought forward and will bring forward in due course, but all of us in all parts of the House should have that aim.
Dr Al Pinkerton (Surrey Heath) (LD)
I thank the Secretary of State for advance sight of his statement. It has long been recognised that it is neither wise nor sustainable to simply draw a line under the past in Northern Ireland; there is too much hurt and there are too many demands for truth and justice.
The Liberal Democrats believe that Northern Ireland must be able to deal with its past in a manner that promotes reconciliation and is consistent with a shared future. The approach of the previous Government was wrong. We opposed the Northern Ireland Troubles (Legacy and Reconciliation) Act, as did every political party in Northern Ireland. Just as working closely with Northern Ireland political parties is crucial to helping Northern Ireland deal with its past, so too is having a constructive relationship with the Republic of Ireland. To that end, we welcome the Government’s new and constructive approach and the announcement of new legislation. I welcome the Northern Ireland Secretary’s meeting with Micheál Martin earlier this week.
Does the Secretary of State believe that we might be making progress towards the Irish Government withdrawing their legal case? He said that legislation will be introduced when parliamentary time allows. Will he offer further insight on when that might be?
On the ICRIR, I think we all agree that it is vital to have a body that has the faith and trust of victims and their families, and I pay tribute to Sir Declan Morgan and his colleagues for the work that they have done in hugely challenging circumstances. I heard what the Secretary of State said regarding reforming the ICRIR, but will he keep on the table the option of replacing it entirely, should it turn out that such reforms do not deliver what we all want to see, which is families getting the answers they need in a manner that promotes reconciliation and an institution that commands widespread public trust?
Hilary Benn
I hope that it might be possible to reach agreement with the Irish Government about how we take this forward. Whether they withdraw the interstate case is, of course, entirely a matter for them, but only yesterday I had discussions with Micheál Martin, the Justice Minister Helen McEntee and the Under-Secretary of State for Northern Ireland, in which we discussed these matters. I regard that dialogue as very important to building confidence.
In answer to the hon. Gentleman’s second question on when the legislation will be forthcoming, I can only repeat myself: when parliamentary time allows. On his third question on keeping open the prospect of abolishing ICRIR, I simply say that one could do that—there are those who would argue for it. That would bring to a halt the cases that have already started, and to each of those families who have taken the decision to approach ICRIR, that case really matters. We would be saying to them, “Right. Forget that” and we would waste all the money that has been put into establishing ICRIR so that it has the capacity to do its work, and waste another year or two. As I have said, nobody is getting any younger.
In the end, in most of the discussions that I have had, I have asked people, “Do you think we need an information recovery function?” They have said yes. I have asked, “Do you think that we need a means of continuing investigation?” They have said yes. That is what was contained in the Stormont House agreement, and I am not yet persuaded that scrapping that, to recreate something that ends up looking not dissimilar from what we have at the moment, is a terribly sensible or pragmatic approach to take. However, I am open to conversations in the way that I set out about what more we can do on ICRIR to increase the public’s confidence in it.
David Smith (North Northumberland) (Lab)
I thank the Secretary of State for his statement. I was in Belfast this week with other members of the Northern Ireland Affairs Committee, and it was clear that all sections of Northern Ireland society were opposed to the legacy Act as it was constituted. Will the Secretary of State work with all stakeholders going forward, including the Irish Government, as he plans a new way forward on legacy and as he considers how to have full co-operation from the Irish Government in relation to information they may hold on legacy cases?
Hilary Benn
I am very happy to give my hon. Friend that assurance. I have had a lot of meetings and discussions already, and to quote that phrase, I shall have further such meetings over the next few months, because I am determined to work as hard as I can to try, as I indicated a moment ago, to find a way forward. The discussions that we have had thus far with the Irish Government, who were resolutely opposed to the legislation that the previous Government put on the statute book, along with everybody else, and the fact that we have demonstrated our willingness to be open to a debate about changes that can be made, has been a real step forward.
Sir Julian Smith (Skipton and Ripon) (Con)
I welcome the Secretary of State’s statement. I disagreed with both the manner and the detail of the last Government’s Act. This tilts back in favour of the rule of law and in favour of families. Will he continue to manage the expectation of families, given the impact of the passage of time? Will he press the Irish Government on Omagh, on Dublin and Monaghan, and on specific terrorist atrocities that they have information on and we need them now to pass over?
Hilary Benn
I am very grateful to the right hon. Gentleman for his question. He played a distinguished role during his time as Secretary of State. He knows, as I know and we all know, the importance of trying to build a consensus to move forward. He raises the question of Omagh; I raised that with Micheál Martin only yesterday. I welcome very much the commitment that the Irish Government have given to co-operate with the Omagh inquiry, and I know that the inquiry looks forward to receiving that co-operation in the months ahead.
Michael Wheeler (Worsley and Eccles) (Lab)
I thank the Secretary of State for the decisive action that he has announced today and for bringing it to us in the House. Nothing can be allowed to jeopardise the progress that has been made in Northern Ireland. Will he confirm that the thread running through this action, and any future action, is the Government’s firm commitment to the victims and families, and to getting them the answers that they so richly deserve and finally need?
Hilary Benn
I am very happy to give my hon. Friend that assurance. I have talked tonight about a lot of process, future legislation, remedial orders and so on. That is why I said at the end of my statement that, in the end, this is about the families—the families, whom many Members in the House will have met, who still do not know what happened and who carry the incredible pain from what they have been through with them to this day. The very least we can do is to try really, really hard to find a way of giving them the answers that they have been seeking.
Sammy Wilson (East Antrim) (DUP)
I welcome the fact that the Government, as part of their appeal, will appeal the way in which the scope of article 2 has been extended, even to include overreach into national policy. I say to the Secretary of State that as long as article 2 remains, there will always be contention about how much say the EU will have—not only on law and activities in Northern Ireland, but on policy made in this House.
On the decisions he has made on inquests, civil cases and disclosure, the Secretary of State has to be honest with this House: that is not going to result in terrorists being taken through the courts or through the process in Northern Ireland. It will result only in ageing members of the security forces being dragged once again through the courts and suffering as a result of the service they gave in Northern Ireland. He said he intends to continue to speak with the Irish Government. The Irish Government have shamelessly taken our Government to court while doing nothing about the collusion and activities of the Irish state and Irish security forces in aiding and abetting the killing of soldiers and genocide along the border. Will the Secretary of State ensure that if there is a discussion on legacy, they address the past sins they are guilty of?
Hilary Benn
In dealing with the legacy of the troubles it is important that everyone faces up to the consequences of what happened and of what they did or did not do—everyone. It is a painful and difficult process indeed. The implication of what I have announced to the House today is that nobody can escape prosecution, because the immunity that was offered by the legacy Act has been removed. If there is evidence—although I acknowledge to the House that with the passage of time that becomes more and more difficult, for reasons the right hon. Gentleman alluded to—at least that possibility remains.
On article 2, I would simply point out that this agreement was reached between the British Government and the European Union, and it is the British courts—not the European courts—that have interpreted it. That is why the Government are of the view that we should seek to get a definitive ruling on the nature of that interpretation from the Supreme Court.
Laurence Turner (Birmingham Northfield) (Lab)
On 21 November we marked the 50th anniversary of the Birmingham pub bombings. That date will have been felt most heavily by the families of the 21 people who never came home, and by many more who still carry the mental and physical scars of that day. The Secretary of State knows that the announcement of the repeal of the legacy Act was welcomed at the time it was made. Will he agree to enter into correspondence on the potential implications of his announcement tonight for that campaign?
Hilary Benn
I am grateful to my hon. Friend for raising that appalling atrocity. When I was the shadow Secretary of State for Northern Ireland, I met a number of the Birmingham families over video. They have lived for so long with the pain and suffering, and, of course, with the fact that the people who were put in jail for allegedly having done it had not done it, which has only added to their distress. Because it happened in Great Britain, it is a matter for the Home Office. However, I would say that ICRIR is now beginning to look at the case of the Guildford pub bombings. Why? It is because the families have approached ICRIR. I would just point out that it is open to the Birmingham families—if they wish—to approach ICRIR and ask it to look at what happened to their loved ones.
Sir Julian Lewis (New Forest East) (Con)
I am less enthusiastic than many people for this development. If, as the Secretary of State says, the purpose is for the families to find out the truth, can he confirm first of all that the Northern Ireland (Sentences) Act 1998 remains in being, so that if somebody is prosecuted successfully for the most heinous of offences, they will not serve—whether they are from the armed forces on the one side or the terrorist forces on the other—more than two years in jail? Given that that is the case, which is the more likely to give the families the truth: trying to take people to court, where they will defend their position and try to cover up inconvenient facts; or trying to have an amnesty—that hated word—coupled with a truth recovery process, where the truth can be said because people know that they will not go to jail as a result?
Hilary Benn
Clearly, legislation on the statute book, and the provisions that it contains, remains in place until such time as it changes. On the right hon. Gentleman’s important point about what the families would prefer, the answer must lie with the families themselves. I, as I know he will also have done, have met a very large number of families. A lot of them acknowledge that a prosecution is unlikely but want the truth. Some of them still want there to be a prosecution for justice to be done. Our responsibility is to give families, and the bodies investigating on their behalf, the means to provide the answers that the families, after all these years, are looking for.
Louise Jones (North East Derbyshire) (Lab)
As a veteran, I pay tribute to the service of those police officers, members of the armed forces and the security services who did so much to keep people in Northern Ireland safe during the troubles and in some cases paid the ultimate price. None the less, any solution that does not have the support of victims’ groups and political parties in Northern Ireland is not, in my view, tenable. Can the Secretary of State assure me that any veterans affected will receive all welfare and, if appropriate, legal support where necessary?
Hilary Benn
I can indeed give my hon. Friend that assurance. It is absolutely what we should do when we are thinking, in this particular case, of those who served in the armed forces—the 250,000 people who served in Northern Ireland as part of Operation Banner.
Robin Swann (South Antrim) (UUP)
In this place on 11 September, the Secretary of State made a statement with regard to another inquiry. At that point, I asked him whether, for those families who had lost loved ones to terrorism, he had closed down all the other options for an inquiry. He told me at that point that ICRIR would be the only option. My understanding tonight is that he has now put back on the table several cases, inquests and inquiries. What confidence do those families now have in ICRIR when the Secretary of State says tonight that it needs reform, that he will bring forward further proposals to reform it, and that he has not detailed them? On the Stormont House agreement, I remind him that the Ulster Unionist party did not support it.
Hilary Benn
On the one inquiry I announced to the House, in relation to the murder of Pat Finucane, I explained the unique circumstances that led me to reach that conclusion. If I may correct the hon. Gentleman, inquiries were never taken off the table as an option. They have remained on the table. It is for the Government of the day to decide whether a public inquiry is ordered or not. He is right that civil cases and inquests in due course will return. It is the case that some people do not have confidence in ICRIR. That is why I think it is important that we should take further steps to try to build that confidence, but I have no doubt about its capacity to do the job that is required on behalf of the families that seek its help. As I made clear in the House previously, in the end, ICRIR’s effectiveness will be judged by those families. Do they get the answers that they have sought for so long by approaching it? I know that Sir Declan Morgan is really committed to making sure that he can do that.
Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)
I, like a number of others, served in Northern Ireland. We did not ask to go, and I lost a very good friend there—and others, at the same time. That man’s parents died without ever knowing what had happened to him, but it turns out that he may well have been dismembered and disappeared completely. There is no closure for them, and there is no chance, unless Ireland opens up its books and looks into this, that we will ever get any justice for him. He had a family as well, and many friends who wonder what happened to that brave man, and there are many more like him. So I say on their behalf: yes, let there be justice for families, but let us not forget all those soldiers who will now, in some cases, be hounded for no reason at all—those who lost their friends and their children and who did not want to go there in the first place. Where is the justice for them?
Hilary Benn
Let me first thank the right hon. Gentleman for his service in Northern Ireland. Let me also say how sad I am to hear about the case that he has just described. Justice information should be—must be —available to all. I would just point out, however, that there are service personnel who lost their lives in the conflict in Northern Ireland who did not support the legacy Act, precisely because it proposed to give immunity to people who had killed their loved ones. That is another reason why I think it is right to remove immunity from the statute book, which the remedial order that I have laid before the House today will do.
Jim Allister (North Antrim) (TUV)
I welcome the news that the Government are to pursue an appeal in relation to the findings on article 2 of the Windsor framework in the Dillon judgment. I trust that it is not just an academic pursuit to find out which is the right interpretation, but a determination on the part of the Government to resist the imposition on Northern Ireland, through the Windsor framework, of laws, rights and expectations that do not apply anywhere else in the United Kingdom. If the Secretary of State fails in his appeal to the Supreme Court, will he undertake to legislate to the effect that article 2 cannot have effect in domestic law in Northern Ireland?
The Secretary of State has said that he will be bringing to ICRIR the same disclosure rights that apply to statutory inquiries. Why, then, do we need the Finucane inquiry, if ICRIR will now have the same powers? He said that he would discuss the way forward with the Government of the Irish Republic. They are a Government who have been vigorous in demanding accountability from the British Government, but giving no accountability as to their own forces and a support for terrorism across the border for many years.
Hilary Benn
As the hon. Gentleman will know, the purpose of article 2 was to ensure that there was no diminution in the rights of people in Northern Ireland as a result of our withdrawal from the European Union. I certainly support that principle, and I hope that the hon. Gentleman does as well. The last Government thought it right to put it in place, because they negotiated that arrangement.
In respect of an appeal, we will just have to wait and see what the Supreme Court—if we reach that point and it goes there—has to say. I will not prejudge either a verdict or, indeed, what might flow from that. Let me just remind the hon. Gentleman, in relation to the Finucane inquiry, that there were very specific reasons. The previous Labour Government had made a commitment that in certain cases, if an independent judge determined that there be a public inquiry, we would hold one, and I believe that when Governments make commitments, we should keep our word.
Jim Shannon (Strangford) (DUP)
I welcome the news that the Secretary of State will repeal the legacy Act. This is something that the previous Government—I say this with great respect—simply did not get right, and this Government now have an opportunity to get it right. The Secretary of State has outlined the greater scope for investigation and inquiry. I led an Adjournment debate in the last Parliament about the 10 Kingsmill workers murdered by the IRA in Newry, and I would seek an inquiry for them, for the victims of the La Mon massacre, in which the IRA murdered numerous innocent people, and for the four Ballydugan soldiers murdered on 9 April 1990.
Stuart Montgomery was three weeks out of police training college when he was murdered by the IRA in Pomeroy. My cousin Kenneth Smyth was murdered by the IRA on 10 December 1971. His friend Daniel McCormick was murdered beside him. Raymond McCord’s son was murdered by loyalists. I could mention many, many others. Will all those who seek justice be able to access that which they have requested in the past, which they have been denied so often—and equal to the decision for the Finucane family? Can the Secretary of State please further expand on the support that will ensure that there will be no witch hunt against armed forces and RUC officers, who served honourably for Crown and country? I apologise for the emotion.
Hilary Benn
The hon. Gentleman has no reason to apologise to anybody, because he has just demonstrated what I said in my statement about the pain that endures to this day on the part of families who have lost dearly loved family members. The way that he put his question, and the emotion that he was not afraid to show—I think he had no control over it; of course not, because this is how we feel when we reflect on these terrible incidents. He mentioned one of those killings, and here we are in December, which is a particularly difficult time of year. There are a number of anniversaries, and we are approaching Christmas, when we feel the loss of loved ones so greatly.
We have to work together as hard as we can to provide—if it is possible, because it may not be possible in all cases—the means through which the families can get some answers about what happened. But in the end, each family has to come to terms with the loss that they have endured in their own way. I cannot think of anything that is more difficult to do, but we need to stand with them every step of the way. I stand with the hon. Gentleman—he is my hon. Friend—in saying that.
Madam Deputy Speaker
I thank the Secretary of State both for coming to the House to give his statement and, indeed, for the timing of it; it is hugely appreciated.
Northern Ireland Act 1998: Consent Process
Hilary Benn Excerpts(3 weeks, 1 day ago)
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The Secretary of State for Northern Ireland (Hilary Benn)
Schedule 6A of the Northern Ireland Act 1998 and article 18 of the Windsor framework provide Members of the Northern Ireland Assembly with the opportunity to consider whether articles 5 to 10 of the Windsor framework—concerning the trade in goods—should continue to apply.
The upcoming vote is a decision for the Assembly, in accordance with the law. However, under the terms of schedule 6A, where an MLA other than the First Minister and Deputy First Minister tables a motion on democratic consent, I am under a legal duty to take reasonable steps to provide MLAs with such explanatory materials as it is reasonable to provide in order to assist them when deciding the question.
In recognition of the short time window within which the motion would be tabled and the vote held, I have written to the Speaker of the Assembly today and enclosed explanatory materials that would discharge that duty. These materials have been published on gov.uk and I shall ask that a copy be placed in the Library of the House for the record.
More broadly, the Government have also set out our commitment to resetting relations with the EU and negotiating new agreements which can remove unnecessary barriers to trade for businesses in the UK trading with the EU. In the Government’s view, only the Windsor framework arrangements in place under articles 5 to 10 provide a credible basis to pursue those negotiations while also respecting Northern Ireland’s unique circumstances and its place in the UK’s internal market. The Government will listen carefully to the result of the vote, meet our legal duties flowing from that, engage fully with business, civic society and political leaders in Northern Ireland as that work continues, and update the House in due course.
[HCWS277]
Oral Answers to Questions
Hilary Benn Excerpts(3 weeks, 6 days ago)
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Deirdre Costigan (Ealing Southall) (Lab)
The Secretary of State for Northern Ireland (Hilary Benn)
This Government are providing the Executive with an £18.2 billion funding settlement for 2025-26. This represents a £1.5 billion increase on this year and is the largest settlement since devolution. It is now for the Executive to decide how the funding is spent.
Bambos Charalambous
One of the central aspects of the reconciliation process arising from the Good Friday agreement is the need to facilitate and encourage integrated education, so will the Secretary of State join me in welcoming the continued support for integrated education in the autumn Budget?
Hilary Benn
I certainly will, and I am grateful to my hon. Friend for raising that issue. Poll after poll in Northern Ireland shows that there is strong support for integrated education from the public. From memory, about 8% of pupils study in integrated schools, and I hope we would all like that number to increase. Last week, my hon. Friend the Under-Secretary of State for Northern Ireland and the Education Secretary visited an integrated school. The Education Secretary was, I think, the 15th Minister apart from myself who has visited Northern Ireland since the election.
Mark Ferguson
Does the Secretary of State agree that the recent Budget gives the Northern Ireland Executive the opportunity to really go for growth after many years of uncertainty?
Hilary Benn
I do. There is no doubt that the funding the Northern Ireland Executive received as a result of the Budget was more than they had anticipated, but all government is about making choices with the resources we have and the income we can raise, and deciding what our priorities are. The Budget provides a sound foundation for the Northern Ireland Executive to take the decisions they need to take.
Deirdre Costigan
Does the Secretary of State agree that to ensure sustainable finances, the Northern Ireland Executive need to set out clear steps to reform both the NHS and broader public services?
Hilary Benn
I do agree with that. As my hon. Friend and the House will know, the longest waiting lists in the health service in the United Kingdom are to be found in Northern Ireland. That is not acceptable, above all for those people who are waiting far too long. There is a plan for reform, which I welcome, but the people of Northern Ireland want to see progress happening.
Carla Lockhart (Upper Bann) (DUP)
Just last week, I attended and spoke at a rally hosted by the Ulster Farmers’ Union in response to the change to agricultural property relief. It was attended by 6,000 farmers, with every political party in Northern Ireland standing together in opposition to the change. When will the Government acknowledge that their figures are not reflective of the average farm, and that this death tax will result in the break-up of family farms as we know them, the selling of land to pay the tax, and the purchasing of devalued land by big businesses that are not interested in using it to feed our nation? Will the Secretary of State outline whether he has shared the concerns of Northern Ireland farmers with the Chancellor?
Hilary Benn
I have spoken to the Secretary of State for the Environment, Food and Rural Affairs and a Treasury Minister about this. I understand that the changes are unwelcome and difficult, but given the fiscal position, the Government are having to take difficult decisions. There is, however, a difference of view about how many farms will be affected, and the Treasury estimate is about 500 claims a year. We cannot infer from land values an inheritance tax liability, because it depends on the ownership structure of the farm.
Alex Easton (North Down) (Ind)
The Secretary of State knows that there is extra funding for the running of the Police Service of Northern Ireland and about the issues with police recruitment, but there is also the issue of not having a new police college. Will he give a commitment that he will speak to the First Minister, the Deputy First Minister and the Justice Minister to ensure that that police college is built at Kinnegar?
Hilary Benn
That is an issue for the Executive, but as the hon. Member alluded to, the position on police funding has been improved, with additional money being given to the PSNI by the Executive out of extra funding that the Budget provided. The UK Government have also increased the additional security funding that is given in recognition of the security needs in Northern Ireland.
John Cooper (Dumfries and Galloway) (Con)
With 14 miles between my constituency of Dumfries and Galloway and Northern Ireland, I know how much we have in common. Unfortunately, we also share the fact that hospitality businesses in Northern Ireland and much of Scotland are not benefiting from a 75% discount on business rates bills. That cannot be called “headwinds”; to quote Van Morrison, it is a “Full Force Gale”. Does the Secretary of State agree that by increasing employer national insurance contributions rather than growing the economy on both sides of the North channel, we are threatening jobs, stopping investment, jacking up prices, and putting business viability at risk?
Hilary Benn
The businesses I meet in Northern Ireland are vibrant and looking forward to the future. Of course the increase in employer national insurance contributions presents challenges for some businesses, but there is no getting away from the fiscal inheritance that this Government found when we arrived in office. The foundations had to be fixed, and that is what we are doing.
Alex Burghart (Brentwood and Ongar) (Con)
I associate Conservative Members with the remarks that the Under-Secretary of State made about Ken Reid; he will be very much missed. A belated happy birthday to the Secretary of State for yesterday.
Last week, the Secretary of State suggested to the Northern Ireland Affairs Committee that the Treasury had not yet conducted a detailed analysis of how the Budget will affect farmers in Northern Ireland. Has he now asked it to do so?
Hilary Benn
The Treasury has conducted an analysis of the overall number of farms that it thinks will be affected. It is important that people look at all the arrangements that we have put in place, including how, as the hon. Gentleman will know, individuals can pass £1.5 million on to family members and couples up to £3 million when all the allowances are added together, as well as interest-free payments over 10 years. Of course, land transferred seven years before death can go to children with no inheritance tax paid.
I should have congratulated the hon. Gentleman on his double-hatted appointment: he is shadow Chancellor of the Duchy of Lancaster as well as shadow Secretary of State. He will now have many a merry conversation with himself about the Windsor framework.
Alex Burghart
And, I hope, conversations with the Secretary of State. He will know that the make-up of farming in Northern Ireland is slightly different from that in the rest of the UK: there is a greater density of farms in sole ownership and agricultural land is worth more. That means that farms in Northern Ireland are more exposed to Labour’s family farms tax. The farmers I have met in Northern Ireland are deeply concerned about that.
As the Secretary of State said, there is disagreement nationally about the figures. On one side, we have the Government who say that not many farms will be affected. On the other side, we have the experts who say that very many farms will be affected. Transparency will help everyone. Will the Secretary of State commit to asking the Chancellor to publish detailed Treasury working on the Budget’s impact on farms in Northern Ireland so that independent experts can check their figures?
Hilary Benn
To understand the impact, we have to look at the ownership structure of each individual farm. I am not entirely sure whether the hon. Gentleman is advocating that the Government should do that for all farms right across the country. It will be for farmers to look at the arrangements that will apply from 2026 and to take advice on how they can ensure that they can continue to pass their family farms to their children and grandchildren.
Jess Brown-Fuller (Chichester) (LD)
Total income from farming in Northern Ireland fell by 44% last year amid volatile markets, soaring costs and declining output. More than 6,000 Northern Ireland farmers recently gathered in the Eikon exhibition centre to highlight the impact that the changes to agricultural property relief will have on their sector. With dairy farming facing serious economic challenges and gross agricultural output declining, can the Secretary of State commit to publishing a full impact assessment of APR removal for Northern Ireland’s farming sector, as well as its wider implications?
Hilary Benn
As I indicated in answer to the same question a moment ago, until we understand the ownership structure of each farm, I do not see how an impact assessment that would answer the hon. Member’s question could be done. Now that farmers know what the new arrangements are going to be, I urge them to take advice. There are a number of things that they can do. Last week, I met the Ulster Farmers’ Union and a number of young farmers, and I am in no doubt about the concern that they have expressed. It is really important that we discuss it on the basis of the facts and that people look at how they can plan for their future.
Sarah Edwards (Tamworth) (Lab)
The Secretary of State for Northern Ireland (Hilary Benn)
It was a pleasure to sign the heads of terms document for the Mid South West growth deal alongside the First Minister, Deputy First Minister and Minister for Finance on 6 November. These deals are a partnership between the Northern Ireland Executive, the UK Government, local authorities and businesses. The aim of our joint investment in all four deals is to encourage economic growth in Northern Ireland.
Sarah Edwards
As a member of the Business and Trade Committee, I am pleased that Belfast has seen a successful economic redevelopment, partly driven by embracing its heritage, which will now be further supported by the Belfast region city deal. Does the Secretary of State agree that we must continue to support heritage as a regenerative tool in Northern Ireland and the wider UK with deals like this?
Hilary Benn
I agree. These deals are all about partnerships and places, including their heritage. All those are an integral part of the approach. In Belfast, the city deal is roaring ahead with things such as the advanced manufacturing centre and considerable investment in digital.
Claire Hanna (Belfast South and Mid Down) (SDLP)
I appreciate the Government’s focus on growth, especially green-lighting the city and growth deals, and their transformative impact on our often overlooked economy and infrastructure. The forthcoming Windsor framework review presents an opportunity to look not just at east-west trade, which is important, but at other overlooked issues, to allow us to realise the growth potential of our unique trading arrangements. Will the Secretary of State consider ambitious terms of reference for that review, to allow us to maximise growth and innovation by exploring issues such as dual market access and north-south co-operation?
Hilary Benn
As set out in law, whether there is an independent review depends on the outcome of the consent vote that will take place in the Northern Ireland Assembly. The Government would be under a legal obligation to commission a review if it is not passed with cross-community consent. I would expect the review to focus on articles 5 to 10 of the Windsor framework, but it would be for the reviewer to consider how they conduct it.
Gavin Robinson (Belfast East) (DUP)
I associate myself with the Minister of State’s remarks about Ken Reid. He was a colossus of Northern Ireland politics, and journalism more broadly across the country. I thank her for those comments.
The Secretary of State will know that getting the city and growth deals back on track was good, following the disappointment of the pause that followed the incoming Government. He will also know that there was a commitment in the spring Budget to support a skills and education centre at the Crusaders football club, for £2.2 million. That remains paused. I think the Minister of State has taken an interest in that project, and I would be keen for the Secretary of State to confirm that he will raise it with the Deputy Prime Minister.
Hilary Benn
I am aware of the pause that affects the particular project to which the right hon. Gentleman referred. Consideration will then have to be given to how that may or may not be taken forward, but I note his interest and I will follow developments carefully.
Gavin Robinson
The Secretary of State knows that city and growth deals are about economic growth and ensuring prosperity within Northern Ireland. Is he aware of the concerns among businesses in England, Wales and Scotland, who are saying that, as a result of the general product safety standards emanating from the European Union, they cannot send their products to Northern Ireland? That is in stark contrast to the British Government’s position to maintain standards on CE markings with the European Union. What advice and support can he give those businesses in Northern Ireland who want to trade, and to consumers who want to buy, in their own country but are currently frustrated from doing so?
Hilary Benn
Advice is being provided about the general product safety regulation. Many companies already meet its terms, because they are exporting from the UK to the European Union. There are steps that some businesses will have to take, but I hope the impact will be very small, because there is a way to get through it.
David Smith (North Northumberland) (Lab)
Windsor Framework
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The Secretary of State for Northern Ireland (Hilary Benn)
What a pleasure it is to serve under your chairship, Ms Vaz. I congratulate the hon. and learned Member for North Antrim (Jim Allister) on securing the debate. It is good to see so many colleagues from Northern Ireland in the Chamber. All of us will agree on one thing: the importance of Northern Ireland to our Union.
The hon. and learned Member made with great passion a number of points that are familiar to me and others. In return, I say that the Government are committed to the implementation of the Windsor framework in good faith. We are also committed to protecting Northern Ireland’s place in the United Kingdom and in the UK internal market. The arrangements made under the “Safeguarding the Union” Command Paper to further smooth the flow of goods are also intended to reaffirm in law Northern Ireland’s constitutional place in the UK internal market. The Government are clear that the Windsor framework arrangements, together with the steps taken under “Safeguarding the Union”, respect Northern Ireland’s unique circumstances and, crucially, they do so in a manner that is compatible with international law.
Let me say gently to the hon. and learned Gentleman that we have spent about nine years as a nation grappling with the problem—he referred to it as a challenge; I describe it as a problem—of how to protect the integrity of the UK’s internal market, avoid a hard border on the island of Ireland, and respect the legitimate interests of our friends and neighbours in Brussels when it comes to the protection of the integrity of their single market. Those are the three things that had to be reconciled. Throughout that process, people have said, “There is another way you can do it. You can have mutual enforcement; you can have this, that and the other.” Those proposals were, during the height of the Brexit negotiations, referred to rather disobliging by others as “magical thinking”, but—
Jim Allister
The magical thinking originated within the European Commission. It was those in the European Commission who first postulated the idea of mutual enforcement, only to be shot down by an agenda from Dublin and the other European countries. The very genesis of it came because it was seen as a viable proposition—and why is it not a viable proposition to mutually enforce the requirements on trade going either way?
Hilary Benn
For my many and varied sins, I spent a number of years chairing the Brexit Select Committee. We looked at all of these things at great length, and I have to say to the hon. and learned Gentleman on the basis of that experience that nothing hoved into view that would address the central question: how to maintain an open border—one of the very few things that everybody agreed on during Brexit was that there could not be checks or infrastructure at the border, for reasons that all of us in the Chamber well understand—while ensuring, as a good neighbour, that the European Union can be confident that goods arriving in Northern Ireland, which could then move freely into the EU by crossing the border into the Republic, comply with the rules of its single market.
Mr Gregory Campbell (East Londonderry) (DUP)
The Secretary of State was elaborating on the problems we have to grapple with. Does he agree that there are just three ways of dealing with those problems? One is to ignore them in the hope that they will go away. The second is to keep complaining about them but not doing anything about them. The third is to actually work at resolving them, and that is what all of us, but principally His Majesty’s Government, should be doing.
Hilary Benn
I hope it will not come as a surprise to the hon. Gentleman if I say that I agree with him. Complaining and ignoring does not get us very far. He anticipates what I am about to come on to: the progress we have seen as a result of the Windsor framework.
Gavin Robinson (Belfast East) (DUP)
I thank the Secretary of State for getting to the point where he talks about progress, but I remind him, as he will have heard this morning, that every Ulster MP in Westminster Hall today rails against the fundamental impediment to our constitutional position and the overarching framework that has been imposed upon us against our will. But we worked on solutions and reached arrangements and agreements with the Government in “Safeguarding the Union” about ensuring the movement of goods within our UK internal market, which he supported when he was in opposition, and those agreements need to be honoured. While deadlines have slipped, there is a huge imperative for him and his Government to respond appropriately and earnestly implement the very things that saw a return to devolution in Northern Ireland.
Hilary Benn
I have great respect for the right hon. Gentleman, and he and I have had many discussions about progress on implementing the commitments made in “Safeguarding the Union”. He can see the progress that has been made, and he and I have discussed issues where there is work in progress.
By the way, the original protocol, which had many flaws and difficulties, and the Windsor framework negotiated by the previous Government, which represents a considerable improvement, were both approved democratically by this Parliament. The hon. and learned Member for North Antrim argues that they were imposed from Brussels, but it was this Parliament that decided the way to reconcile the choices—impossible choices, in a way—that leaving the European Union created. Frankly, I would not have started from here, as I think he well understands, but this is a consequence of a decision taken by the British people, and Parliament decided to put these arrangements in place. To reject the idea that there is an issue that needs to be addressed is not the responsible thing to do, and therefore the Windsor framework represented a considerable step forward.
Sammy Wilson
The Secretary of State is making much of the fact that this Parliament imposed these arrangements on Northern Ireland, but he set out three objectives: to protect the EU market, to protect the Union and to protect the UK internal market. The European Union is happy with the arrangements, but the other two objectives have not been achieved. Whether this Parliament voted for it or not, the internal market is not operating. There are lots of examples of that, as the Secretary of State knows, because I am sure people complain to him every month, as they do to us. As has been pointed out, we are not part of the United Kingdom any longer when our laws cannot even be made in our own Parliament.
Hilary Benn
Northern Ireland is very much part of the United Kingdom. I was merely pointing out that the protocol and the Windsor framework were democratic decisions of this Parliament, of which Northern Ireland is a part. After much debate, consideration, argument and disputation, that is how this Parliament decided to move things forward. The Windsor framework, which I spoke in favour of and supported, was a considerable step forward on the arrangements originally negotiated in the Northern Ireland protocol, which were never going to work. For example, requiring an export health certificate for every one of the items on the back of the supermarket lorries that come across from Cairnryan to Larne and Belfast every single night was never a practical proposition. The Windsor framework has replaced potentially 1,000 or 2,000 certificates with one certificate. That is a step forward by anybody’s definition.
Turning to the question of the consent vote, that is part of the provision that has been made to allow the Assembly to take a decision. I have triggered the consent process, as Members will be aware. It is for the Assembly to take that decision. If it approves the continued operation of the Windsor framework, it will last for another eight years if the approval is on a cross-community basis, or—I speak from memory—for another four years if not. It is for the Members of the Assembly to make that decision, but the framework really does bring a lot of benefits.
At the beginning of his contribution, the hon. and learned Member for North Antrim talked about the fettering of Northern Ireland businesses’ access to GB, if I heard him correctly. There is no fettering of Northern Ireland businesses’ access to GB.
Jim Allister
I referred specifically to access from GB to Northern Ireland—the supply chain—because our manufacturing businesses depend on raw materials from GB. That has been fettered, and that is what caused the Supreme Court to say that article 6 is in suspension.
Hilary Benn
I did listen very carefully. The record will show exactly what the hon. and learned Gentleman said, but I take his point. When it comes to access to materials and goods moving from GB to Northern Ireland, that does happen under the Windsor framework. There are certain things that businesses have to do, but the goods do flow, and it is important to recognise that in this debate. Indeed, 71% of respondents to last year’s Northern Ireland annual trade survey said that dual market access was enabling their business to grow, so we should listen to what Northern Ireland businesses say. We have the Northern Ireland retail movement scheme, the internal market scheme and the Northern Ireland plant health label scheme, all of which help businesses to do business.
One of the gains as a result of the Windsor framework is that UK public health and safety standards apply on the basis that the goods will remain in Northern Ireland. That is a big step forward compared with what was previously the case. The framework has unlocked agreements with the EU on tariff rate quotas, enabling businesses from Northern Ireland to import steel and agrifood products under UK tariff rates. The right hon. Member for East Antrim (Sammy Wilson) referred to the duty reimbursement scheme, but that is now operating. An agreement was reached on human medicines.
We will continue to work with the European Union to implement the Windsor framework in good faith, and to deal with some of the challenges. As hon. Members know, I spend quite a lot of my time dealing with some of the challenges that arise from the implementation of the arrangement. There has been a delay in the arrival of the parcels scheme, which has put back the new, much reduced customs and information requirements. Those will now come into effect next year. We have also reached an agreement with the EU on dental amalgam. Those are all examples of practical ways of making progress.
Alex Easton
There may have been some progress in certain areas of the Windsor framework, but there are still problems with pet passports for those travelling from the rest of the UK to Northern Ireland, there are still barriers to trade—I recently wrote to the Secretary of State about lorries being turned away from ports—and there are still problems with medication, such as attention deficit hyperactivity disorder drugs. Some people are ordering those goods online, and others are not able to get them at all. There are still substantial issues, and there is still a border down the Irish sea. Does the Secretary of State understand how that makes us feel as Unionists who want to remain part of the United Kingdom?
Hilary Benn
I do understand, and I hear the strength of feeling. I have tried to explain why we are in this situation. It is our departure from the European Union that has created every single one of the issues that the hon. Gentleman has just identified. We have to find a practical way forward in honouring the decision that the British people made in the referendum.
Many of the issues that have been identified today could be resolved if we are able to negotiate a sanitary and phytosanitary agreement and a veterinary agreement with the European Union. This Government have come into office committed to trying to do that. The last Government were not committed to doing that. As every hon. Member in the Chamber knows, we will get such an agreement only if we honour the last agreement we signed with the European Union, because why would they give us an agreement if we prove ourselves to be unreliable?
Motion lapsed (Standing Order No. 10(6)).
Oral Answers to Questions
Hilary Benn Excerpts(2 months ago)
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Jim Allister (North Antrim) (TUV)
The Secretary of State for Northern Ireland (Hilary Benn)
The statutory instrument for the Northern Ireland pet travel scheme has now been laid. The scheme significantly reduces the requirements associated with the original Northern Ireland protocol and provides a stable and long-term arrangement for those travelling with their pets within the UK.
Jim Allister
When the grip of EU law controls even the movement of our pets within the United Kingdom, is it not clear that we have gone far too far in regarding Northern Ireland as EU territory? For that is the reason for this absurd regulation, which, at the behest of the EU, imposes pet passports if a person wants to bring their pet from GB to Northern Ireland. There is no point the Secretary of State saying that it could have been worse; they should not exist at all. When will this Government get the EU off our backs and liberate the people of Northern Ireland and our pets from EU diktat?
Hilary Benn
As I hope the hon. Gentleman is aware, Northern Ireland pet owners will not face any checks and will not be required to hold a pet travel document. In discussing this matter, there is an obligation on him and all of us to ensure that we present the facts, so that people are not unnecessarily troubled.
David Smith (North Northumberland) (Lab)
The Secretary of State for Northern Ireland (Hilary Benn)
Where were we, Mr Speaker?
I welcome the publication of the Northern Ireland Executive’s budget sustainability plan—a positive and necessary step towards sustainable public finances—and the Chief Secretary to the Treasury has agreed with the Northern Ireland Finance Minister that discussions over a long-term fiscal framework for Northern Ireland can now begin.
Dr Sullivan
Does the Secretary of State agree that to ensure sustainable finances the Northern Ireland Executive need to take steps to reform the NHS and public services?
Hilary Benn
I share my hon. Friend’s view. As the House will be aware, people in Northern Ireland face the longest waiting lists in the whole United Kingdom, and all Governments, including the Northern Ireland Executive, have to balance the money coming in and the funds that they can raise, and take decisions about public service reform. I am very encouraged by the recent event organised by the Northern Ireland Health Minister, which Dr Bengoa, who produced a report on reform in Northern Ireland, returned to Northern Ireland to attend, because there is now a commitment to take forward that process.
Deirdre Costigan
What impact does the Secretary of State think that the UK leaving the European convention on human rights would have on the sustainability of Northern Ireland’s finances and devolved government?
Hilary Benn
Given that the European convention on human rights is one of the foundations of the Good Friday agreement, I am frankly astonished that anyone who aspires to lead His Majesty’s Opposition should suggest that our country should leave the ECHR. It would be utterly irresponsible.
David Smith
I commend all those who worked to re-establish devolved government earlier this year at Stormont. It is now vital that the Northern Ireland Executive ensure that they have sustainable finances. Does the Secretary of State agree that revenue raising by the Northern Ireland Executive has an important part to play in delivering financial sustainability and stability to Northern Ireland?
Hilary Benn
I do. Indeed, raising £113 million was part of the deal that the last Government put in place as part of the £3.3 billion package that led to the restoration—well, that followed the restoration of the Executive. That includes delivering a balanced budget in the current year, and I am very encouraged by the statements of the Northern Ireland Finance Minister in that regard.
Carla Lockhart (Upper Bann) (DUP)
The budget sustainability plan is commendable, but does the Secretary of State agree that our public services are in crisis? Our roads are crumbling, we have the longest health waiting lists in the whole of the UK, and our schools need investment. Northern Ireland needs to be in receipt of a fair long-term funding allocation, based on Treasury needs. Will he confirm to the House that he is making the case for that to the Treasury for the people of Northern Ireland?
Hilary Benn
Northern Ireland’s greater spending needs are recognised. The Northern Ireland Fiscal Council was established to answer the question of what that additional funding should be, and it came to the conclusion that the figure should be 124%, which will be met this year in respect of the budget. The interim fiscal framework also said that if further credible sources come along suggesting that the figure should be different, the Government would undertake to look at that. But nothing takes away from the Executive’s responsibility to manage the budget that they have, and to take decisions, including on reform.
Alex Easton (North Down) (Ind)
Does the Secretary of State agree that the budget resources for the Northern Ireland Justice Minister are extremely short and that we are not able to recruit enough Police Service of Northern Ireland officers, and has he had any discussions with the Justice Minister about resolving that problem?
Hilary Benn
As the hon. Member will be aware, decisions about the allocation of the Northern Ireland budget rest with the Northern Ireland Executive. Funds go to the Justice Minister, who then decides principally how much to pass on to the policing board for policing costs and how much to deal with the justice system and the prisons, which are also under pressure. I recognise the pressure that PSNI officers face, not least because I met a number of those who were injured in the recent disorder.
Alex Burghart (Brentwood and Ongar) (Con)
It is very generous of you to call me again, Mr Speaker. The Executive’s draft programme for government acknowledges that policing numbers in Northern Ireland are at an all-time low, a situation that the chief constable has described as dangerous. The draft programme commits to increasing numbers in line with New Decade, New Approach. Is the Secretary of State convinced that the budget sustainability plan is sufficient to achieve that aim?
Hilary Benn
The hon. Gentleman raises an important point, as we discussed just a moment ago. I recognise the pressures on the PSNI, but it falls to the Executive to decide how much to allocate, from the funds available to them, to policing and other public services in Northern Ireland. If they wish to allocate more, they are in a position to do so, but it involves making a choice.
Alex Burghart
The Secretary of State is of course right that policing in Northern Ireland is a devolved matter, but national security is not. If we look at policing numbers right now, which are at an all-time low, we are reminded that his party’s manifesto made explicit commitments to improving public services in Northern Ireland. Will the Government commit to ensuring that policing in Northern Ireland is sufficient to keep the people of Northern Ireland safe and maintain national security, and to protecting the additional security funding of £32 million a year that comes direct from His Majesty’s Treasury?
Hilary Benn
On the latter point, the hon. Gentleman just has to wait a week to see what the Budget produces. I simply say to him that the PSNI, the security services and others do an outstanding job in protecting the people of Northern Ireland from terrorist threats, and we should all support them in that endeavour.
Dr Al Pinkerton (Surrey Heath) (LD)
The budget sustainability plan highlights that Northern Ireland has been systemically underfunded, with the fiscal council estimating an annual shortfall of between £300 million and £400 million since 2022. Meanwhile, the Northern Ireland Executive reported a £559 million overspend between 2022 and 2024. What measures are the Government taking to address Northern Ireland’s immediate budgetary pressures, ensure long-term financial stability and equitable funding, and, crucially, guarantee sustainable public services?
Hilary Benn
In addition to the £3.3 billion package that followed the restoration of the Executive, the Executive gained £185 million in July when the main estimates were published. In order to avoid having to repay the debt that the hon. Member refers to, they have to put their finances on a sustainable path, deliver a balanced budget, and raise the additional £130 million revenue to which they committed when the deal was done. The fiscal council’s view is that 124% is the right funding.
Josh Newbury (Cannock Chase) (Lab)
The Secretary of State for Northern Ireland (Hilary Benn)
The Government are committed to implementing the Windsor framework in good faith, and to protecting Northern Ireland’s place in the UK internal market. We continue to take forward policies set out in “Safeguarding the Union”, including most recently the establishment of the independent monitoring panel and the publication of guidance under section 46 of the United Kingdom Internal Market Act 2020.
Robin Swann (South Antrim) (UUP)
There is some concern regarding the supply of medicines to Northern Ireland. The British Generic Manufacturers Association says that there is an “absurd situation” in which there will be shortages due to the bureaucracy of the “UK only” labelling required for medicines going into Northern Ireland. The Government say that they are relaxed that the deadline will be met. Is the Secretary of State relaxed about the continued supply of medicines coming into Northern Ireland?
Hilary Benn
It is really important that the medicines that are required continue to be supplied. The industry has had quite a period in which to make arrangements to ensure that the labelling rules are met. I hope that, in the time available, those companies that have not done so will do so.
Sammy Wilson (East Antrim) (DUP)
The Secretary of State for Northern Ireland (Hilary Benn)
Having carefully considered the results of the consultation with industry, the Government decided not to proceed with the introduction of mandatory “Not for EU” labelling in Great Britian from 1 October 2024. Instead, we will take the powers necessary to apply “Not for EU” labelling in the future, if that is required to secure supplies in Northern Ireland.
Sammy Wilson
The result of the Northern Ireland protocol, signed by the previous Government, has been to create an economic border between Northern Ireland and Great Britain, and the imposition of EU law, which has created a problem for the supply of goods to Northern Ireland. When in opposition, Labour supported the idea of food labelling as a way of avoiding an interruption in the supply of food goods from GB to Northern Ireland, so why have the Government reneged on that promise, and what will be the trigger for its imposition if needed?
Hilary Benn
The consultation on UK-wide labelling led the industry to say that such labelling would impose huge costs on industry, and therefore on consumers, through raised goods prices. The aim is to ensure that goods are not delisted in Northern Ireland. That is why we are taking a power to ensure that if there is any evidence of that happening, the labelling requirements set out in “Safeguarding the Union” can be applied, including on individual products on a sectoral basis.
Mr Speaker
I did not come back to Josh Newbury after Question 5, so he will ask his supplementary question now.
Josh Newbury (Cannock Chase) (Lab)
Businesses in my constituency tell me that they face increased red tape and costs when importing from or exporting to Northern Ireland. Can the Secretary of State confirm that he is committed to unfettered access for goods moving from Northern Ireland to Great Britian?
Hilary Benn
I certainly can confirm that, and it is set out in the United Kingdom Internal Market Act 2020.
Claire Hanna (Belfast South and Mid Down) (SDLP)
David Davis (Goole and Pocklington) (Con)
The Secretary of State for Northern Ireland (Hilary Benn)
I meet regularly with the Chief Constable and his team to discuss a range of issues. While the Chief Constable has operational independence, the Investigatory Powers Commissioner’s Office provides oversight of those powers to ensure that their use is necessary, proportionate and in accordance with the law.
David Davis
At a recent hearing of the Investigatory Powers Tribunal, it became apparent that the Northern Ireland police force had been caught surveilling journalists’ telephones on the basis that they had received secret documents from whistleblowers. The reason for the secrecy of those documents was to cover up the embarrassment of the Royal Ulster Constabulary about its handling of the Loughinisland massacre. Will the Secretary of State meet me to discuss the future use of surveillance powers by the Northern Ireland police?
Hilary Benn
I am indeed aware of the background to this case. The original search warrants were quashed and the police investigation was discontinued. As the right hon. Gentleman knows, the Investigatory Powers Tribunal is currently looking at this case, and it would not be appropriate for me to comment while that is ongoing. The Chief Constable has set up the McCullough review to look at the wider issue, and the right hon. Gentleman may well wish to make representations to that review.
Northern Ireland City Deals
Hilary Benn Excerpts(2 months, 2 weeks ago)
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Alex Burghart (Brentwood and Ongar) (Con)
(Urgent Question): To ask the Secretary of State for Northern Ireland if he will make a statement on the Northern Ireland city deals.
The Secretary of State for Northern Ireland (Hilary Benn)
As the Chancellor set out in July, the Government have inherited a £22 billion black hole in the public finances. As a result, the Treasury is having to consider a range of measures to deal with this significant problem. Last month, the Treasury informed the Northern Ireland Department of Finance that the UK Government’s contributions to the Mid South West deal and the Causeway Coast and Glens deal would now be considered as part of the spending review. The Belfast regional city deal and the Derry/Londonderry and Strabane city deal are unaffected and proceeding as planned. Since the announcement of the pause on those two deals, I have met with the First Minister, the Deputy First Minister, the Chief Secretary to the Treasury and the Northern Ireland Finance Minister. I will also be meeting the chief executives of those two deals shortly.
Everyone in Northern Ireland understands the importance of the city deals to economic growth and encouraging investment, and this Government are committed to working with the Northern Ireland Executive and businesses to make the most of the huge economic opportunities that now lie ahead. That is shown by the progress being made on the Belfast region city deal and the Derry/Londonderry and Strabane city deal. I attended the Derry/Londonderry and Strabane city deal signing on 18 September. The UK Government’s £105 million investment will help to progress transformative innovation, digital and health projects, which will build on the region’s well-established research excellence. The Chancellor will set out the results of the first phase of the spending review on 30 October, which will include an update on the two outstanding city deals.
Alex Burghart
As the House will know, on the evening of Friday 13 September—the day after we went into recess—the Government took it upon themselves to make a number of announcements affecting Northern Ireland: the cancellation of the Casement Park project; the decision that Sean Brown’s family will not be given a public inquiry into his murder; and the subject of this urgent question, the pausing of four Northern Ireland city deals. It is quite something to instantaneously unite all the political parties in Northern Ireland, but that was the feat achieved by the Government on the evening of Friday the 13th.
The House will be aware of how crucial the city deals are, providing significant investment to boost economic growth, create jobs and enhance infrastructure and bringing together Westminster, Belfast, local councils and private investment. We are pleased that the following day, after considerable confusion, the Government U-turned and announced that the Belfast region city deal and the Derry and Strabane city deal would go ahead, but the other two regional growth deals—the Causeway Coast and Glens deal and the Mid South West deal—now sit in limbo.
Critically, those deals cover areas that have not had the same levels of investment in recent years as big cities. One need only look at the empty shops in Enniskillen and Armagh to understand that these deals are badly needed. Can the Secretary of State tell the House why was the decision to pause taken at such a time and why was it announced in such a way? Following that announcement, why was there then a U-turn on two of the deals but not the other two? What criteria were used to make that decision?
The Secretary of State has referred to money. He knows that the so-called black hole, for which the Government have provided no breakdown, is partially of Labour’s making, given the above-inflation pay rise that it has chosen to award to the unions. He will know that the money involved is, in the world of the Exchequer, not that significant and, crucially, will deliver major returns to Northern Ireland and to the UK.
I ask the Secretary of State for two things. The first is an apology for how the matter was handled; I know he would not have wanted it to happen in the way it did, but someone should take responsibility for how the House and the people of Northern Ireland have been treated. The second is that, in negotiating with the Treasury in the run-up to the Budget, he will be the lead advocate for un-pausing those city deals.
Hilary Benn
I am grateful to the hon. Gentleman for his response. On the matter of Casement Park, since he raised it, I will say that we took the decision for the reason we set out, and I think it is one that he supports. On the question of Sean Brown, I set out in my letter to the family why I had reached the conclusion that I did.
I would just correct the hon. Gentleman: the Belfast city deal was never affected at all—it is roaring ahead and is a great success. In the case of Derry, I was pleased to attend the signing of the deal, which will now progress to its next stage.
I would also simply say to the hon. Gentleman that the public finances inheritance the last Government left us—[Interruption.] Well, the last Government made a load of promises but never identified where the money to pay for them would come from, and then they were turfed out and left this Government to deal with the problem. That is the reason for the situation with these two city deals. He can rest assured that I, as Secretary of State, will continue to make the case for the two city deals, which is why I said in my opening answer to him that everybody in Northern Ireland, including me, understands their importance, and I will continue to make that case. But in those circumstances, the Chancellor has found it necessary to look at a whole range of commitments that were made by the last Government for which no funding had been identified, and the fault for that does not lie with us, and if any apologies are required, a belated apology from the other side for the mess they left us would be much appreciated.
Tonia Antoniazzi (Gower) (Lab)
Cities and towns in Northern Ireland have already missed out on levelling-up funding under the previous Government, as I saw at first hand as shadow Minister, so the uncertainty regarding the city deals has been quite a hard hit on the people in Northern Ireland. I seek further reassurances from the Secretary of State that the people of Northern Ireland will not be overlooked in the Budget.
Hilary Benn
I absolutely recognise the uncertainty that this has created and, as I have indicated, I will be meeting the chief executives of the two deals very shortly. Given the uncertainty while we await the outcome of the first phase of the spending review, the particular problem that they face is that a lot of effort goes into progressing these deals with the private partners, because the money comes from the Government and from the Northern Ireland Executive in the form of match funding, and then other partners, including the local councils, and they do find themselves in a difficult position— I will not hide from that.
The only other thing I would say is that those two deals are much further back in the process than those for Belfast and Derry; for the Causeway Coast and Glens deal the heads of terms had been signed in April of this year, and for the Mid South West deal the terms had yet to be signed—I think they were due last month. Then there is a further process under which the programme of the deal itself is developed to then get to the stage that Derry reached on 18 September, when the financial agreement is signed and then the business case and the projects are unlocked. So I recognise that it is difficult and, as I have already indicated to the councils, I will continue to argue for the cause of these deals.
Hilary Benn
I am grateful to the hon. Gentleman, whom I welcome to his post—this is, I think, the first time we have faced each other. He makes a fair point about the areas covered by the two deals that have been paused, and the contrast between them and Derry and Strabane, and Belfast. It is important that, in the end, we see economic growth right across Northern Ireland, so I do not dissent from his proposition, but the reason we are in this difficulty is the legacy that this Government have found. Any responsible Chancellor must, in the circumstances, find a way of straightening out the public finances, which were left to us in a really bad state.
Dame Meg Hillier (Hackney South and Shoreditch) (Lab/Co-op)
My right hon. Friend is not the sort of person who would make this announcement unless there were huge pressure to do so, but I am aware that pausing a project, especially when people are in post, is not completely cost-free. Will he reassure the House and people in Northern Ireland that there will be some way of maintaining a degree of momentum on the projects that have been paused? If he could give us any costings on that, it would be helpful.
Hilary Benn
My hon. Friend makes an important point. The House may have seen that yesterday, the Northern Ireland Executive—whose funding is secure because of the deal that was offered, including the financial deal that was part of the restoration of the institution, which the whole House welcomes—announced that they are proceeding with their share of the contribution, which I hope will offer some comfort to those in the two city deal areas who are working out what this means. It is important that clarity on the future is delivered as quickly as possible, which is why I set out that we will learn more on 30 October.
Sir Julian Smith (Skipton and Ripon) (Con)
May I speak up for the city deals, which have been subject to a significant amount of work in communities across Northern Ireland? The city deals were reviewed earlier in the year under the previous Government, at the time of the “Safeguarding the Union” agreement, and the decisions made then were part of that deal. The Secretary of State is making representations on the deals, but I urge him to bear in mind that this was discussed earlier in the year and was part of the overall agreement made to get Stormont back up and running.
Hilary Benn
I absolutely take the right hon. Gentleman’s point, given his long experience in these matters and the role that he and others have played in assisting with the restoration of the institution, but I would very gently observe that if the matter was reviewed then, what was decided did not quite make its way into the fiscal inheritance that we have found ourselves left with. That fiscal inheritance—rather than a lack of support for the deals; I think the whole House supports them—is the cause of the problem.
Claire Hanna (Belfast South and Mid Down) (SDLP)
City deals are a serious tool for economic growth. That is why the Social Democratic and Labour party initially proposed them, and why we continue to be their champion. They support skills and employability, create decent jobs and, crucially, leverage private and foreign direct investment, driving much-needed regeneration in infrastructure in parts of Northern Ireland that have been overlooked. I am pleased that the Government are honouring their commitments to Belfast and Derry, but they should know that the decision, and its announcement on a Friday night, caused very serious frustration and a loss of public trust in Northern Ireland—although the Tories still have a thing or two to teach about uniting the parties in revulsion at announcements. Will the Secretary of State clarify the reasons for the pause in the Causeway Coast and Glens and Mid South West region deals, and can he assure us that he will be a champion for the deals with the Treasury?
Hilary Benn
I will indeed be that champion. May I take this opportunity to congratulate my hon. Friend on assuming the leadership of her party? We all wish her well in that endeavour. I also express our appreciation of the former leader of the SDLP, my hon. Friend the Member for Foyle (Colum Eastwood), who is sat next to her. Let us be frank: the truth is that when bad news is forced on the Government, it is unwelcome, whenever it is announced.
Gavin Robinson (Belfast East) (DUP)
The Secretary of State will know that city deals were talked of for a long time, but it was in 2017 that the Democratic Unionist party got a commitment from Government—a commitment that would not just impact us but be of benefit to everyone in Northern Ireland, creating opportunities for growth in cities and regions throughout Northern Ireland in a phased, programmed, sensible and strategic way. The decision to pause both the Causeway Coast and Glens and the Mid South West region deals was unnecessary, and I think the Secretary of State accepts that. Given that no arrangements were in place to agree the necessary financial requirements, there was no need to pause the deals because of a lack of finance.
As I think the Secretary of State acknowledges, this decision places in jeopardy the matched funding from private investors, as well as the ability to proceed with the food and drug development centre in Coleraine, the Enniskillen bypass, and myriad other important and strategically significant proposals. As we wait until 30 October, it would inject confidence if this Government were to say that they recognise the importance and value of city deals; are determined to deliver on these aspirations, which will be key regional economic drivers in Northern Ireland; and recognise, as I think the Secretary of State does, that pausing these proposals was foolish.
Hilary Benn
I do not agree with the right hon. Gentleman’s last proposition. As I have already indicated to the House, given the fiscal inheritance, the prudent thing is for the Government to say, “We need to look at a range of things in the round.” I entirely recognise that this decision is unwelcome to many people. The best thing we can do is give certainty as quickly as possible, which would assist, but I entirely understand the practical difficulties that this decision creates in the meantime. I will learn more about that when I meet the chief executives of the deal areas.
The House is united, though, on our shared desire to maximise economic growth in Northern Ireland. This week, we have had a really good example of that with the announcement of the very significant order that has gone to Wrightbus. This is a company that nearly went bust; then investment came in, and it is now helping to deliver the bus transportation of the future from a factory that I and many other Members have had the chance to visit. There are a lot of good things happening in Northern Ireland, and we need to build on them.
Harpreet Uppal (Huddersfield) (Lab)
What representations has the Secretary of State made to the Treasury about the continuation of these two city deals?
Hilary Benn
As I am sure my hon. Friend understands, anyone holding my office, including me, will argue the corner of Northern Ireland. I will continue to do so.
Dame Karen Bradley (Staffordshire Moorlands) (Con)
As the Secretary of State who secured funding from the Treasury for the first two deals—the Belfast city deal and the Derry/Londonderry and Strabane deal—I am very pleased that they are going ahead, but I have concerns, because I remember the impact that that announcement had on business confidence across Northern Ireland. What discussions has the Secretary of State had with businesses involved in the private sector element of these deals, to make sure they know that there is a commitment to them?
Hilary Benn
The right hon. Member is very generous and kind to me, but I cannot claim credit for the Belfast city deal—it was unaffected by the announcement that the Treasury made—and the signing of the full financial deal for the Derry and Strabane city deal was scheduled anyway. After clarification, that deal is going ahead, but when I meet the chief executives shortly, I hope to learn more about the point she raised about the practical impact. It is important that we understand the impact; that will inform the representations that are made.
Colum Eastwood (Foyle) (SDLP)
It seems to me that these questions would be better directed at the Treasury, because that is where the decision was made. I thank the Secretary of State for the work he did over the weekend after the 17th to secure the much-needed Derry city deal. He has said that there will be an update in the Budget about the other two deals that have been paused. Can he confirm whether that will be an update or a decision?
Hilary Benn
Although my hon. Friend encourages me to, I will not speak for the Chancellor. She will tell us what is in the Budget when she stands up on 30 October.
Mr Gregory Campbell (East Londonderry) (DUP)
The Secretary of State will remember that when he and I were at the signing of the Londonderry deal in September, I lobbied him strongly to get the other two deals over the line. He has outlined the meetings he has held, but given what he has just said about not meeting and talking with the Chancellor about this, will he be meeting the Prime Minister? He has met other people, and we need to get these deals up and running—over the line—to get much-needed investment into areas such as mine and the Mid South West.
Hilary Benn
I very much enjoyed seeing the hon. Gentleman at the signing of the Derry/Londonderry and Strabane city deal—it was a great event. It is the responsibility of all of us in the House who have the interests of these two deals at heart to make representations to everyone who can influence the final decision.
Adam Jogee (Newcastle-under-Lyme) (Lab)
The Secretary of State has talked about his engagement. Local authorities have a really important role to play in stimulating and facilitating growth, so can he keep local authorities in mind as he seeks to keep engaging, and as he ultimately gets us the solution that people want?
Hilary Benn
I certainly will do that, which is precisely why my next meeting on this matter will be with the chief executives of the two deal areas. They will no doubt tell me about the challenges they face at the moment, but it is the partnership that makes these deals so successful, as Belfast and Derry/Londonderry and Strabane demonstrate. By bringing together the United Kingdom, the Northern Ireland Executive, the local authorities and private investors, we get a synergy that results in extraordinary things.
Dr Andrew Murrison (South West Wiltshire) (Con)
I assume that the Secretary of State has done an impact assessment on the uncertainty costs of this decision, and will know how it will impact growth in Northern Ireland in particular. If so, can he publish that impact assessment? Secondly, I assume that the improved futures funding in Northern Ireland is unaffected by this decision. Can he confirm that, please?
Hilary Benn
I am not aware of an impact assessment that has been done. At the end of July, the Chancellor announced all the things that she would have to look at in dealing with the very adverse fiscal inheritance from the previous Government. I apologise to the right hon. Gentleman, but I did not hear what he was referring to in the second part of his question.
Robin Swann (South Antrim) (UUP)
The Chair of the Northern Ireland Committee, the hon. Member for Gower (Tonia Antoniazzi), referred to levelling-up funds. Is the Secretary of State aware that commitments to businesses from those funds have also been paused in Northern Ireland? In particular, Belfast International airport in my constituency was looking forward to £2.3 million from levelling-up funds, and was only told a fortnight ago that the funding was now on hold. It is not only the city deals; levelling-up funds are affected by this decision.
Hilary Benn
The hon. Gentleman is right: a number of things have been paused. I can think of a levelling-up project in my constituency that has been paused as a result of our fiscal inheritance. That is what the Treasury is having to deal with.
Simon Hoare (North Dorset) (Con)
As the Secretary of State knows, one of the unsung and often undervalued benefits of city deals is that they underpin the argument for the rebuilding of a new, post-conflict Northern Ireland, delivering normalcy and forging partnerships between sectors. That is an argument that is often lost on the bean counters in the Treasury. Can he assure the House that he will be making that key point as we all seek to rebuild Northern Ireland in the image of what we would all like it to become?
Hilary Benn
The hon. Gentleman makes a powerful and important point. The progress that Northern Ireland has made over the past 26 years since the signing of the Good Friday agreement is what everybody is striving to continue. I am confident that the Treasury will pay close attention to the exchanges on this urgent question, and the hon. Gentleman’s eloquence speaks for itself.
Sammy Wilson (East Antrim) (DUP)
I have listened to the answers that the Secretary of State has given, and I cannot understand his logic. First, one of the reasons for not progressing with these deals is that they are not far enough advanced. Does he not recognise the amount of money that has already gone into developing them, and how this decision puts that money at risk? Who will put further resources into those schemes if there is no certainty at the end?
The Secretary of State has talked about Northern Ireland being part of economic growth. In the Causeway Coast and Glens case, much of the investment will be for economic growth, whether that is the development of food and drugs at the University of Ulster, the innovation hub at North West Regional College, or the innovation hub in Cushendall. By not having those schemes in place, the Secretary of State is going to affect economic growth, so can he explain the logic of the decision he has made?
Hilary Benn
In fairness to myself, I have pointed out that these two schemes are not as far advanced as the Belfast and the Derry/Londonderry and Strabane city deals, because one of them only recently signed its heads of terms and the other has yet to do so. From memory, the time it took for the Belfast and the Derry and Strabane deals to get from heads of terms to full financial deal signing was between two and a half and three and a half years. So there is some way to go based on past experience, precisely because a great deal of work has to be done in partnership with the private sector, the Northern Ireland Executive, local businesses and the councils to put the shape of the deals in place. The right hon. Member makes a powerful argument for clarity as quickly as possible.
Jim Allister (North Antrim) (TUV)
Could I suggest that the Causeway deal was particularly well thought out and balanced in its proposition? It is therefore very disappointing to see it paused, particularly for the small but vital village of Bushmills, which services the vast number of visitors who come to the Giant’s Causeway. For years, there has been a neglect of infrastructure there. Roads have been clogged with cars because there is not adequate parking in and about Bushmills. This project was going to address that, as well as community rejuvenation in the village. Therefore, there is an immense sense of disappointment in Bushmills in my constituency at the lost opportunity. Will the Secretary of State, bearing in mind the strategic significance of Bushmills to the advancement of the great Giant’s Causeway project, make a particular case for the reinstatement of the Causeway project?
Hilary Benn
The hon. Gentleman speaks up very strongly on behalf of Bushmills and the Giant’s Causeway area. I know that all other Members representing constituencies affected by the decision the Treasury has had to take will be doing exactly the same. I think all the projects are important, but he makes the case very powerfully.
Graham Stuart (Beverley and Holderness) (Con)
I have two requests of the Secretary of State. First, would he put together and compile information on the investments that have been made to date, perhaps in conjunction with Sue Gray in her new role as envoy, or otherwise? Secondly, will he ensure that we get clarity on 30 October, one way or the other, as to whether these deals can go ahead, so that we do not have so many local authorities, private businesses and others who have invested in these programmes left in continuing limbo after that date?
Hilary Benn
There is quite a lot of information already available about the two schemes that are going ahead, what they have achieved and what the plans are. I think that is readily available, if the right hon. Gentleman needs it, and I will bear in mind the point he makes about information on the other schemes. He and the House have already heard me say a number of times that clarity as soon as possible would be in the interests of everybody.
Carla Lockhart (Upper Bann) (DUP)
The Secretary of State has kindly agreed to meet the council leads in the Mid South West deal area, for which I am a Member of Parliament. Upper Bann, Fermanagh and South Tyrone, and Mid Ulster are all included, but he will note that the other MPs for those areas are absent from this place.
The Secretary of State speaks of partnerships, synergy and the great things that can be achieved. Sadly, in the Mid South West deal area, we are not going to be able to achieve them because the main partner has pulled the plug and paused the deal, which is impacting on infrastructure, tourism and regeneration. Will the Secretary of State assure the House today that he will make the case for the Mid South West area, which is home to over half a million people and a vital economic driver in Northern Ireland within this United Kingdom?
Hilary Benn
I have already indicated to the House that I of course give that assurance. As I said in answer to the previous question, all those who have an interest in these schemes progressing and who are concerned about the impact of the pause—the plug has not been pulled, and you cannot pause a plug, but I think the hon. Member will understand the point—should be making the case, too.
Alex Easton (North Down) (Ind)
If the two city deals do not go ahead and the money is not found through the Treasury, will those deals continue to be parked or will they be dead and buried forever? Can the Secretary of State give a reassurance that those deals will continue, maybe further down the line?
Hilary Benn
I think we are going to have to wait for the Chancellor’s announcement on 30 October, but as I have already told the House, other partners are involved in those deals. Of course, I welcome the Executive’s announcement yesterday that they will proceed with the funding of elements of those deals out of the money that they have.
Jim Shannon (Strangford) (DUP)
I thank the Secretary of State for his statement. With your indulgence, Mr Speaker, would the Secretary of State extend our collective thanks to the emergency services and local people for their response to the Strangford college bus crash on Monday past in my constituency? It is a miracle that no one was killed, and we thank God for that.
There have been headlines over the last few weeks about potential pauses of funding for city deals in parts of Northern Ireland, some of which cover areas of my constituency. Can the Secretary of State clarify that in the future action will be taken to ensure that funding that is offered will be delivered, and that devolved nations will not suffer as a result of central funding shortfalls here?
Hilary Benn
With your permission, Mr Speaker, I echo what the hon. Gentleman said about that bus crash. I must say that, when I first read the report, I was very fearful—I think we all were—about what might have been the consequences. I think the response of the emergency services was terrific, and I wish all those who were injured the very best for the future. I understand that the school is providing support, because it must have been and is still a very traumatic experience for the students who were on the bus.
In answer to the hon. Gentleman’s second point, we would all like to live in a world of certainty on a whole load of things. Being in government is about having to deal with the bits where certainty is not quite as certain as the hon. Gentleman may have hoped.
Legacy of the Troubles
Hilary Benn Excerpts(2 months, 2 weeks ago)
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The Secretary of State for Northern Ireland (Hilary Benn)
I wish to provide an update to the House following the Northern Ireland Court of Appeal’s judgment in Dillon and others regarding the Northern Ireland Troubles (Legacy and Reconciliation) Act; and on the appointment of Sir John Evans as the Chair of the Robert Hamill inquiry.
The Government are absolutely committed to implementing mechanisms to address the legacy of the troubles that fully comply with human rights. My previous written ministerial statement, laid on 29 July 2024, confirmed that the Government, as part of their ongoing commitment to repealing and replacing the Legacy Act, had formally abandoned all grounds of appeal against the section 4 Human Rights Act declarations of incompatibility made by the Northern Ireland High Court in relation to the Act. This included the immunity provisions, providing important clarity for families that the immunity scheme and other offending provisions would not take effect. I also confirmed the Government’s intention to propose measures to further strengthen the independence and powers of the Independent Commission for Reconciliation and Information Recovery.
On 20 September, the Court of Appeal handed down its judgment in Dillon and others. The Court recognised
“the wide powers of ICRIR and the benefit of having investigations placed within one body which is well-resourced”,
and further noted that the ICRIR has
“unfettered access to all information, documents and materials as it reasonably requires in connection with a review” (https://www.bailii.org/nie/cases/NICA/2024/59.html, Paragraph 210).
The Court concluded that such powers
“cannot be criticised, nor should they be underestimated” (https://www.bailii.org/nie/cases/NICA/2024/59.html, Paragraph 210).
However, the Court of Appeal also made further declarations of incompatibility in relation to the Legacy Act to those made by the High Court. One of these was in relation to the current prohibition on civil proceedings—another policy pursued by the previous Government that this Government have already committed to reversing.
The other declarations of incompatibility relate to effective next-of-kin participation where an inquest was previously assigned in order to discharge the state’s article 2 procedural obligations, and the role of the Secretary of State for Northern Ireland in relation to public disclosure of information https://www.judiciaryni.uk/judicial-decisions/summary-judgment-re-dillon-and-others-ni-troubles-legacy-and-reconciliation-0
The Government have already made clear their intention to propose measures that allow legacy inquests previously halted to proceed, should that be the preference of families. Notwithstanding this, the Government take these further declarations of incompatibility very seriously, and it remains my priority to ensure that the ICRIR can provide human rights compliant investigations in all relevant cases.
The Court largely upheld the High Court’s findings in relation to article 2 of the Windsor framework, which, as I noted in my statement to the House on 29 July, introduces legal uncertainty about what protections are afforded by article 2, and how legislation applies across the United Kingdom.
This is a complex and wide-ranging judgment with significant implications. The Government are therefore carefully considering their findings to inform a decision on the way forward. I wish to make it clear to the House that any such decision will be without prejudice to the Government’s absolute commitment to addressing legacy issues in a way that is fully human rights compliant, and with the fullest possible transparency within the framework that rightly exists to ensure that those who work to keep the citizens of the United Kingdom safe are themselves protected from harm.
As set out in my statement of 29 July, the Government have begun preparations to lay in Parliament a draft remedial order under section 10 of the Human Rights Act 1998 to remedy the original declarations of incompatibility made by the High Court, including the immunity provisions. In light of the additional declarations of incompatibility made by the Court of Appeal, I am reviewing this process and will update the House in due course.
This Government take their human rights obligations—and their responsibilities to victims and survivors of the troubles—extremely seriously. As part of the Government’s commitment to repealing and replacing the Legacy Act, I continue to undertake consultations with interested parties regarding a practical way forward that can command support across communities in Northern Ireland and beyond. I said previously that this process will involve difficult conversations, and that is proving to be the case in my engagements so far, which have been sometimes challenging but always insightful. I am encouraged by the willingness of those I have met to date to engage constructively. I look forward to further discussions in the period ahead.
Separately, I am pleased to announce the appointment of Sir John Evans as chair of the Robert Hamill inquiry. A chair of the inquiry is required in order for the inquiry report to be formally passed to me for publication. Due to the passage of time since the report was completed in 2011, it was necessary for me to appoint a new chair of the inquiry, as the former chair, Justice Sir Edwin Jowitt, is unfortunately unable to continue in the role. I send him my very best wishes, and thank him for all he did in his time as chair.
Sir John was a panel member when the inquiry was in operation, and worked closely with Sir Edwin on the report. Sir John brings a wealth of experience to the role as a former Chief Constable, and I know he will do everything in his power to ensure the inquiry report is published soon.
I will remain in close contact with Sir John ahead of the inquiry report being passed formally to me in order to arrange for the necessary legal and security checks to be completed. While I will do everything I can to ensure the report is published as soon as possible, due to the passage of time since the report was completed, it is imperative that these checks happen before publication.
I want to pay tribute to Robert Hamill’s family for their patience and their dignity as they awaited the conclusion of relevant criminal proceedings. I will make a further statement to Parliament when the report is published.
[HCWS108]
Patrick Finucane Murder
Hilary Benn Excerpts(3 months, 1 week ago)
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The Secretary of State for Northern Ireland (Hilary Benn)
With permission, Mr Speaker, I would like to make a statement about the death of Patrick Finucane.
Patrick Finucane was a human rights lawyer. On 12 February 1989, he was brutally murdered in his home in north Belfast by loyalist paramilitary group the Ulster Defence Association, in front of his wife, Geraldine, who was wounded, and his three children, one of whom is now the hon. Member for Belfast North (John Finucane). From that day onwards, Mrs Finucane and her family have campaigned tirelessly in search of answers about the killing of their loved one.
In 1990 an inquest was opened and closed on the same day with an open verdict. Subsequently, a number of investigations and reviews were conducted. In 2001, following the collapse of power sharing, the UK and Irish Governments agreed at Weston Park to establish public inquiries into a number of troubles-related cases, if recommended by an international judge. Judge Peter Cory was appointed to conduct a review of each case, and in 2004 he recommended that the UK Government hold public inquiries into four deaths: those of Rosemary Nelson, Robert Hamill, Billy Wright and Patrick Finucane. Judge Cory also recommended that the Irish Government establish a tribunal of inquiry into the deaths of former Royal Ulster Constabulary officers Bob Buchanan and Harry Breen. Inquiries were promptly established in all those cases, with one exception: the death of Mr Finucane.
Meanwhile, in 2003, the third investigation by Sir John Stevens into alleged collusion between the security forces and loyalist paramilitaries had concluded that there had been state collusion in Mr Finucane’s killing. That investigation was followed by the conviction in 2004 of one of those responsible, Ken Barrett. With criminal proceedings concluded, the then Northern Ireland Secretary, Paul Murphy, made a statement to Parliament setting out the Government’s commitment to establishing an inquiry, but despite a number of attempts, the Government were unable to reach agreement with the Finucane family on arrangements for one.
In 2011, the coalition Government decided against an inquiry. Instead, a review of what had happened, led by Sir Desmond de Silva QC, was established. Sir Desmond concluded that he was left
“in no doubt that agents of the state were involved in carrying out serious violations of human rights up to and including murder.”
The publication of his findings in 2012 led the then Prime Minister, David Cameron, to make from this Dispatch Box an unprecedented apology to the Finucane family on behalf of the British Government, citing the
“shocking levels of state collusion”—[Official Report, 12 December 2012; Vol. 555, c. 296.]
in this case.
In 2019, the Supreme Court found that all the previous investigations had been insufficient to enable the state to discharge its obligations under article 2 of the European convention on human rights. The Court identified a number of deficiencies in the state’s compliance with article 2. In particular, Sir Desmond’s review did not have the power to compel the attendance of witnesses; those who met Sir Desmond were not subject to testing as to the accuracy of their evidence; and a potentially critical witness was excused from attendance. In November 2020, the then Secretary of State for Northern Ireland announced that he would not establish a public inquiry at that time, pending the outcome of continuing investigations, but that decision was quashed by the Northern Ireland High Court in December 2022.
This Government take our human rights obligations, and our responsibilities towards victims and survivors of the troubles, extremely seriously. The plain fact is that, two decades on, the commitment made by the Government to establish an inquiry into the death of Mr Finucane—first in the agreement with the Irish Government, and then to this House—remains unfulfilled. It is for that exceptional reason that I have decided to establish an independent inquiry into the death of Patrick Finucane, under the Inquiries Act 2005.
I have, of course, met Mrs Finucane and her family—first on 25 July to hear their views, and again yesterday to inform them of my decision. Mrs Finucane asked the Government to set up a public inquiry under the 2005 Act, and, as I have just told the House, the Government have now agreed to do that, in line with the 2019 Supreme Court ruling and the Court of Appeal judgment of July this year.
In making this decision, I have, as is required, considered the likely costs and impact on the public finances. It is the Government’s expectation that the inquiry will, while doing everything that is required to discharge the state’s human rights obligations, avoid unnecessary costs, given all the previous reviews and investigations and the large amount of information and material that is already in the public domain. Indeed, in the most recent High Court proceedings, the judge suggested that an inquiry could
“build on the significant investigative foundations which are already in place”.
As part of my decision-making process, I also considered whether to refer the case to the Independent Commission for Reconciliation and Information Recovery. The commission has powers comparable to those provided by the 2005 Act to compel witnesses and to secure the disclosure of relevant documents by state bodies—powers identified by the Supreme Court as being crucial for the Government to discharge their human rights obligations.
The commission was found, in separate proceedings in February this year, by the High Court to be sufficiently independent and capable of conducting article 2-compliant investigations, and while I am committed to considering measures to further strengthen the commission, I have every confidence in its ability, under the leadership of Sir Declan Morgan, to find answers for survivors and families. However, given the unique circumstances of the case, and the solemn commitment made by the Government in 2001 and again in 2004, the only appropriate way forward is to establish a public inquiry.
Many of us in this House remember the savage brutality of the troubles—a truly terrible time in our history—and we must never forget that most of the deaths and injuries were the responsibility of paramilitaries, including the Ulster Defence Association, the Provisional IRA and others. We should also always pay tribute to the work during that time of the armed forces, police and security services, the vast majority of whom served with distinction and honour, and so many of whom sacrificed their lives in protecting others.
It is very hard for any of us to understand fully the trauma of those who lost loved ones—sons and daughters, spouses and partners, fathers and mothers—and what they have been through. There is of course nothing that any of us can do to bring them back or erase the deep pain that was caused, but what we can do is seek transparency to help provide answers to families and work together for a better future for Northern Ireland, which has made so much progress since these terrible events. I hope that the inquiry will finally provide the information that the Finucane family has sought for so long.
The Government will seek to appoint a chair of the inquiry and establish its terms of reference as soon as possible, and I will update the House further. I commend this statement to the House.
Alex Burghart (Brentwood and Ongar) (Con)
I thank the Secretary of State for his statement, and for advance sight of it and his courtesy call this morning. I am particularly grateful to him for bringing it forward before recess. I know the deadline that the Court gave him was 27 September, so it was important that we had the chance to hear the Government’s position and ask questions before we rose for conference recess.
The murder of Patrick Finucane, like so many murders during the troubles, was a dreadful act of violence that must not be forgotten. The Opposition stand by the findings of the 2012 de Silva report that while there was no evidence of an overarching state conspiracy in the case of his murder, there were shocking levels of collusion—something for which the then Prime Minister, now Lord Cameron, rightly apologised to the House in that year. I fully appreciate the Secretary of State’s desire to bring the matter to a close after a very long period, and I know that a full public inquiry will do it, but I wish to ask serious questions about the decision to choose a full public inquiry over one of the alternatives that he mentioned.
It is clear that the Finucane family, who have suffered so much, are owed a further and deeper investigation. That much was made clear by the Supreme Court’s finding in February 2019, when it noted that the de Silva report had not been able to compel witnesses or take its evidence in public. In other words, it had not been article 2 compliant. However, as the Secretary of State said, this year the Belfast High Court concluded that the ICRIR was capable of conducting an article 2-compliant investigation and was sufficiently independent to do so.
My first question to the Secretary of State is: given that the ICRIR has powers to compel witnesses and take evidence in public, what is it that a full public inquiry will be able to do that the ICRIR cannot? This is important because the ICRIR is already fully staffed and active and could begin work quickly, whereas the establishment of a full public inquiry and the building of that team will inevitably take time. Given the opportunity for further delay, I ask him to set out for the House what steps he is taking to ensure that the public inquiry is conducted as quickly as possible. Can he give an undertaking to have appointed a chair and agreed terms of reference before the end of the year, say? In his statement, he referred to the High Court proceedings, where the judge suggested that an inquiry could
“build on the significant investigative foundations which are already in place”.
I hope that will mean that we can have terms of reference relatively fast.
Similarly, in the Secretary of State’s conversations with his right hon. Friend the Chancellor, has the Secretary of State set an expectation of time and costs? We know from previous public inquiries that unless these things are considered early on, the inquiries can take a long time and cost a great deal.
On the issue of the ICRIR itself, I am pleased to hear that the commission has the Secretary of State’s confidence. We agree that it is showing itself to be an excellent and effective body with a highly capable chair. I note that it was also the creation of the previous Government. It was created, as he knows, by the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, which his Government have committed to repeal. Indeed, the House will appreciate that a large part of that legislation is given over to the creation of the ICRIR. I ask him to reassure us that he has no intention of repealing that part of the Act.
Returning to the public inquiry that has just been announced, there is one other issue on which we should seek clarity today. In his statement, the Secretary of State referred to the “unique circumstances” of the case. It is important that we understand exactly what those unique circumstances are, because it is important that the Government do not unwittingly set a precedent for many more public inquiries. As a veteran of the Cabinet Office, I became acutely aware of a danger that public inquiries could cease to be the exception and become the rule. Given that there are thought to be thousands of murders from the troubles still unsolved, there is a risk of setting a precedent that would make inquiries the rule. There will be those who ask that if there is to be a full public inquiry in one murder case, why not in another, or in many others? To avoid that happening if this case is, as the Secretary of State says, genuinely unique, the Government have a responsibility to set out why that is. We must not risk turning the system of public inquiries into a more routine process. I am sure that he will feel the same way, and I ask him to make that commitment. I thank him for his statement.
Hilary Benn
I am grateful to the Opposition spokesperson for his opening remarks, and I will respond directly to his very legitimate questions.
What is unique about this case—I apologise for the length of the opening statement but I thought it was really important to take the House through the history—is the commitment given on two previous occasions by the Government of our country that there would be a public inquiry. To come to his last question, it sets no precedent, but there were exceptional circumstances relating to this case that led me to take this decision.
I will of course, especially as the Finucane family have been waiting 35 years, seek to establish the inquiry as quickly as possible. We have to appoint a judge. The judge then has to be consulted by myself about the terms of reference. The time it takes will depend on how the inquiry unfolds. I am acutely conscious of cost—the hon. Gentleman’s point was extremely fair—which is why it seems to me that, given all the material and information that is already out there, what the inquiry can most usefully do is not seek to go over all of that, but interrogate the information, material and witnesses as necessary. As the Supreme Court made clear, that is what has been missing that led it to conclude that this was not article 2 compliant.
We have a commitment to repeal and replace the legacy Act, and we will begin that process shortly, finally laying to rest the conditional immunity. The hon. Gentleman will have heard what the Government have said about civil cases and inquests. On the independent commission, while I shadowed this role in Opposition and since taking up the office of Secretary of State, I have been very clear that while we want to return to the principles of the Stormont House agreement, there needs to be information recovery and there needs to be continuing investigation. It is true that the agreement envisaged two separate bodies, but those functions are combined in the ICRIR. As I have been very frank in saying, now that body has been established and all its staff appointed, I really do not see the point in abolishing it only to recreate something that looks very much like what we have today. It is a pragmatic decision that I have taken. I also made clear in my statement that I am committed to considering further steps to strengthen the ICRIR’s independence and its powers as necessary. I hope that provides the hon. Gentleman with the reassurance he was looking for.
Colum Eastwood (Foyle) (SDLP)
On 17 January 1989, Conservative Minister Douglas Hogg claimed in Parliament that solicitors in Northern Ireland were
“unduly sympathetic to the cause of the IRA.”—[Official Report, Standing Committee B, 17 January 1989; c. 508.]
Seamus Mallon MP responded that he had
“no doubt that there are lawyers walking the streets or driving on the roads of the North of Ireland who have become targets for assassins’ bullets as a result of the statement that has been made tonight.”—[Official Report, Standing Committee B, 17 January 1989; c. 519.]
Three weeks later, lawyer Pat Finucane was shot 14 times and murdered in his own house in front of his wife and three children.
I commend Geraldine Finucane and the Finucane family, including of course the hon. Member for Belfast North (John Finucane), on their tireless campaigning to get to this point, and I thank the Secretary of State for finally doing the right thing on behalf of the British Government in announcing this inquiry. When does he envisage the inquiry beginning?
Hilary Benn
I thank the hon. Gentleman for his appreciative words. He alludes to a very, very unhappy history in this and many other cases. I do take the point made by the hon. Member for Brentwood and Ongar (Alex Burghart) about all the pain and suffering that all families have experienced, but in this particular case, I have decided that this inquiry is the right thing to do.
James MacCleary (Lewes) (LD)
The murder of Patrick Finucane remains a shocking crime even now, 35 years on, and even in the context of so many tragedies that took place during the troubles in Northern Ireland. I am sure that the thoughts of everyone in the House are with the family of Patrick Finucane, as mine are. They have suffered for so long waiting for answers after that terrible day, and I hope that the independent inquiry announced by the Secretary of State will go some way towards bringing at least some closure for the family after all these decades.
The Liberal Democrats welcome the Secretary of State’s statement and his announcement of the independent inquiry, but does he agree that there is a need to acknowledge the wider need for truth and justice in Northern Ireland? In contrast to the shadow Secretary of State, the hon. Member for Brentwood and Ongar (Alex Burghart), I ask him whether he will come to the House with a wider statement on repealing the legacy and reconciliation Act, which of course the Liberal Democrats opposed in the last Parliament, and talk more widely about the role of legacy in Northern Ireland, which of course is so important. Can I also ask the Secretary of State to clarify the ability of this inquiry to compel documents and witnesses, and like others, can I ask about the timescales of the inquiry? I am sure he agrees that Patrick Finucane’s family have waited long enough already.
Hilary Benn
I am grateful to the hon. Gentleman for welcoming the inquiry, and I am very happy to give him and all Members of the House an assurance that as we develop our proposals, I am in the process of talking to lots of people about how to give effect to the “repeal and replace” commitment that was in the Gracious Speech. I will, of course, come back to the House with proposals in due course and keep it informed. The honest answer to the question he and other Members have put is that I want to get on with this inquiry as soon as possible, but I have certain duties that I have to undertake in order to give effect to it. However, after this long period of time, let us get going with this inquiry as soon as we possibly can.
Claire Hanna (Belfast South and Mid Down) (SDLP)
The brutal murder of Pat Finucane in front of his wife and children was mired in collusion before the killing, as it has been in the many long years since. Today is about the tenacity of the Finucane family, including my constituency neighbour the hon. Member for Belfast North (John Finucane), but it will have resonance for many other victims of the troubles whose needs have, for many years, been put behind the needs of the victim-makers who want the truth to remain covered up. I am so glad that the truth may now finally out for this family.
As the Secretary of State knows, many other families have faced obstruction from state and non-state actors in their quest for truth and a reconciled future. I am thinking of families such as those of the victims of Freddie Scappaticci, the family of Sean Brown, and many others. Will the Secretary of State commit to the same swiftness and determination in removing the barriers that have been placed in front of those families in their quest for truth?
Hilary Benn
The hon. Member has alluded to a number of cases. Of course, we are awaiting the final report on Operation Kenova, the interim report having been published early this year. I undertake and make a commitment, as any holder of this office would do, to carefully consider each individual case and reach what I think is a sensible way forward. Collectively, there is a huge task for all of us in playing our part in enabling families to find out answers that they have not yet had.
In that context, I welcome the ICRIR’s announcement on Monday this week that it has had 85 inquiries and has already agreed to start looking into eight cases. That is significant, because there are those who say that no one should go anywhere near the ICRIR because of its origins and parentage, if I may use that phrase. However, having taken the decision that the ICRIR will remain in place, it does have powers. It has the ability to get information and to question people, and it has said that it wants to develop what it calls a system of “enhanced inquisitorial proceedings”, which is public hearings. Of course, hearings in public are really important to many families, because they want the truth to come out and to be able to ask questions, but, crucially, for justice to be seen to be done.
Sir Julian Smith (Skipton and Ripon) (Con)
Can I press the Secretary of State further on the issue of other families? Months ago, under the previous Government, those families saw a Bill—which I did not support—repressing and restricting their ability to have inquests. Today, they see a full public inquiry being announced for another family. Will the Secretary of State update the House on what personal engagement he will have with those families? Inevitably, they are going to say, “We have got a public inquiry in this case, but we are being asked to wait in the queue for this legacy Bill inquest body.” They will think something is not right about that.
Hilary Benn
I am very grateful to the right hon. Gentleman, who was such a distinguished holder of the office I now hold, for raising that point. Over the past three weeks, I have met a number of those families whose inquests were brought to an end—some because of the 1 May portcullis that came down and brought an end to the inquests; others because the coroners had said, “We don’t think we can take this any further because of issues to do with confidential material.” I undertake to the House to reach a decision in those cases and inform the families as quickly as possible.
As I have said before, one of the reasons why we made our commitment in relation to the legacy Act is this: what is it about this part of our United Kingdom that means citizens should be denied the right to bring a civil case—which is what the Act did—and to have an inquest? That cannot be right and proper, which is why this Government have made that commitment.
Adam Jogee (Newcastle-under-Lyme) (Lab)
I welcome the Secretary of State’s statement, and I am sure all colleagues give thanks that Northern Ireland and its people now live in peace. Can the Secretary of State tell us how he thinks this announcement will help contribute to continued and meaningful reconciliation in Northern Ireland?
Hilary Benn
For one family, this now provides a process, but I am very conscious that many other families will say, “What about us?” That is why we need to find the most effective means to get to the truth, and that is part of the reason, as I have explained, why I decided that we would not get rid of the commission. I have met Sir Declan Morgan a number of times, and I have confidence in his ability to do his work. We have to find practical means of providing answers to all of those families, so that they feel their story can be told and they can get what they have been looking for. The point I wish to emphasise again to the House is that this particular case is exceptional for the reasons I set out in my statement.
Gavin Robinson (Belfast East) (DUP)
One of the things the Secretary of State did not outline in his statement was that the Supreme Court considered whether it was appropriate not to proceed with a public inquiry, and that the Supreme Court agreed, provided that an investigation could satisfy article 2 compliance. He has said today that the ICRIR not only has his trust and confidence, but has the ability to perform such tasks for other families. So when he rightly says that families across Northern Ireland will ask the question, “What about us?”, so too do I, because the most exceptional circumstance about this is the exceptionality of treatment. Over 1,200 families still have neither truth nor justice, and if the plans enacted last year continue, they will never get justice. I would ask him, in repudiating the ICRIR and suggesting today that it is not an appropriate mechanism for the Finucane family—and I do not besmirch their grief or their quest for truth and justice—but it is appropriate for every other, how can he honestly look victims in the eye and say that there is not a hierarchy?
Hilary Benn
There should not be a hierarchy, and the right hon. Gentleman and I shared reservations with—indeed opposition to—the legacy Act because it did cut off lots of routes to justice. In the end, I think families should have the opportunity to avail themselves of inquests and civil cases, but the commission is now in existence. The honest answer to his question is that in this particular case, and this does not apply to any of the others, the Government of our country made a commitment twice—once at Weston Park, and secondly by the then Secretary of State—to establish a public inquiry. I think it is right and proper, the Government in the past having made that commitment, that we honour it, and that is the answer I would give him.
Richard Burgon (Leeds East) (Ind)
The state collusion in the murder of a human rights lawyer in front of his wife and children is an incredibly serious matter that chills us all, so I very much welcome the decision by my right hon. Friend the Secretary of State for Northern Ireland on a public inquiry into the murder of Pat Finucane. It is a decision to be welcomed, and it is a good signal from our new Government that they are meeting their commitments and obligations. However, this very welcome announcement must of course be followed by the action that the Secretary of State has rightly outlined. Will my right hon. Friend therefore give further reassurance to this House that all necessary resources will be provided, so that there can be truth and justice in this incredibly important matter?
Hilary Benn
I am grateful to my hon. Friend and constituency neighbour for what he has said. Having made this decision, I think all of us would recognise the need to get on with it as swiftly as possible.
Sammy Wilson (East Antrim) (DUP)
This is a bad decision today. It will cause anger and further hurt for the many hundreds of families who have not had justice for the murder of their loved ones, including the mass murder of Protestant workmen at Kingsmill, the blowing up of Protestant workmen at Teebane and the horrendous murder of worshippers at Tullyvallen, among others. I think the Secretary of State has to explain to the House why, after tens of millions of pounds have been spent on inquiries and reviews of this case, he still believes it is necessary to acquiesce in the demands of the family by having another inquiry. How does he justify it to those hundreds of families that no such resources will be put in place to seek out the truth about the murders of their family members? Given the record of inquiries of this nature being a golden goose for barristers and solicitors in Northern Ireland, how is he going to ensure that the costs are capped?
Hilary Benn
The right hon. Member recounts some of the terrible murders, and I have myself met, as I am sure others have, the only survivor of the Kingsmill massacre and heard at first hand the truly chilling story of what happened on that day. First, considerable resources are now being given to the independent commission, and it is important to recognise that, because it has a huge task on its hands. I hope others will come forward to the commission to avail themselves of what it can offer.
Secondly, and I have said this to other Members in answering their questions, in this particular case a commitment was made twice, and I think it is important that we honour it. We also have to recognise in this particular case that the Court held in 2019 that all of the investigations—I accept what the right hon. Member said about them and their extent, and of course they involved the expenditure of public moneys—did not meet the requirements of article 2. Faced with that, and faced with the quashing at the end of 2022 of the decision of a previous Secretary of State not to call an inquiry pending further investigations, it has fallen to me to look at this and to decide how we are going to go forward. I have set out my reasons as clearly as I can hope to do.
Robin Swann (South Antrim) (UUP)
Will the Secretary of State clarify that he has now ended any opportunity for the families and loved ones who still held out hope that there would be an inquiry into the death and murder of their loved ones at the hands of terrorists across Northern Ireland? Is he saying that the only opportunity for them is to go to the Independent Commission for Reconciliation and Information Recovery—an organisation that does not have the full support of the communities of Northern Ireland and does not have the support of and has been queried by many of the families who have lost loved ones? Can I just seek clarity from the Secretary of State that he is saying to those families that their only opportunity for truth, recovery and justice is to go through this organisation, and that he will not engage with them about a further inquiry?
Hilary Benn
I say to the hon. Gentleman that the independent commission should not be the only opportunity open to them. That is why I have indicated that this Government will restore civil cases, and we will restore inquests in the first instance in those cases where they had been brought to an end by the legacy Act. I agree with him that it would be quite wrong if one was to say that there was only one route, denying people—the families—the rights to inquests and civil cases that apply in all other parts of the United Kingdom. That was one of the things about the legacy Act that was so profoundly wrong. It did not say that we were going to establish a new body and people could use that route, but could also use the other two—inquests and civil cases—that had been available to them thus far; it shut those other routes down. That is part of the reason why the legacy Act was so widely opposed in Northern Ireland. I must be honest that it will take time, because it will obviously require primary legislation to deal with the bit of the legacy Act that stopped the inquests and the civil cases, and that will flow from the consultation I am currently undertaking.
Jeremy Corbyn (Islington North) (Ind)
I thank the Secretary of State for his statement. We should all put on record our thanks to the hon. Member for Belfast North (John Finucane), his mother Geraldine and all the Finucane family, who have campaigned for so long, as have so many others, for this inquiry. I recognise the difficulties in prescribing what an inquiry should do, the cost of it and the length of time it should take, but can the Secretary of State tell us roughly when we can expect to establish the inquiry in its formal setting? Can he give some kind of outline timetable for how long it will take to hopefully bring about a resolution, after the disgraceful murder of Pat Finucane all those years ago?
Hilary Benn
As I have already indicated, I will seek to establish the inquiry as quickly as possible. How long it will take is ultimately in the hands of the judge when he or she is appointed.
Jim Shannon (Strangford) (DUP)
I thank the Secretary of State for his statement. As he understands, the Democratic Unionist party stood against the legacy legislation, in the interests of pursuing justice for victims. What he says today will give hope to families such as those affected by Kingsmill. I had an Adjournment debate on the Kingsmill massacre in the last Session. On 5 January 1976—48 years ago—10 innocent men who just happened to be Protestants were murdered with weapons that were linked to 40 other serious Republican terrorist crimes over a 15-year period. Information has indicated that the perpetrators were helped by the Garda Síochán. Clearly some of the Garda Síochán had IRA sympathies. It could be said that by their very position, they were agents of the state of the Republic of Ireland. Will the families of those 10 innocent Protestant men be granted the same path to justice as the Finucane family? If no inquiry is granted on Kingsmill, it will be perceived—and indeed will be proven by the Secretary of State himself—that a two-tier system of justice for victims has been clearly enshrined by this Government. How disappointing, how disgusting, and how angry that makes me.
Hilary Benn
I am sorry to have disappointed the hon. Member. As I indicated, having met the one survivor of the Kingsmill massacre, I have some appreciation of just what an appalling and brutal event that was, at a time of many appalling and brutal murders. There has been an inquest, which concluded recently. As I recall, it held the Provisional IRA responsible for that murder. I am sure that the families want to proceed further, and one of the options open to them is to go to the independent commission, but at the risk of repeating myself, I need to point out that I came to my conclusion because the Finucane case is exceptional, for the reasons that I have tried to explain.
Jim Allister (North Antrim) (TUV)
May I begin by apologising to the Secretary of State and the House for being absent at the beginning of the statement? Secretary of State, has there ever been a family given more preferential handling by Government than the Finucane family? They have had a prime ministerial apology, multiple investigations, inquiries and now an uncapped public inquiry, after the family rejected previous Government offers of inquiries. Is not the tragic takeaway from the statement that the ICRIR is good enough for innocent victims of the IRA, the Ulster Volunteer Force and others, but not good enough for the Finucane family? Why is the Secretary of State perpetuating that odious hierarchy of victims?
Hilary Benn
I am not, is the answer. I know that the hon. Member was slightly late in coming to the Chamber, and from the beginning I set out my thought process. He will have an opportunity to read my statement subsequently. I clearly set out the reasons why I reached this decision. It is a fact that when the then Prime Minister David Cameron apologised from this Dispatch Box, it was unprecedented, because he referred to shocking collusion in this case. We Members of this House should take that extremely seriously, all of us who are committed to upholding our obligations. We were faced with two promises to establish public inquiries. I accept what the hon. Member says about that not happening after 2004 because of the then stance of the Finucane family, but that has now changed. There is also the Supreme Court decision of 2019; it said, I am afraid, that for all that had gone before, the state had not complied with its article 2 obligations. We will now do so.
Bill Presented
Renters’ Rights Bill
Presentation and First Reading (Standing Order No. 57)
Secretary Angela Rayner, supported by the Prime Minister, the Chancellor of the Exchequer, Secretary Shabana Mahmood, Secretary Bridget Phillipson, Secretary Liz Kendall, Secretary Jonathan Reynolds, Secretary Ian Murray and Secretary Jo Stevens, presented a Bill to make provision changing the law about rented homes, including provision abolishing fixed-term assured tenancies and assured shorthold tenancies; imposing obligations on landlords and others in relation to rented homes and temporary and supported accommodation; and for connected purposes.
Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 8) with explanatory notes (Bill 8-EN).
Northern Ireland Troubles (Legacy and Reconciliation) Act 2023
Hilary Benn Excerpts(4 months, 3 weeks ago)
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The Secretary of State for Northern Ireland (Hilary Benn)
I wish to provide an update to the House on the Government’s approach to the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (the Act).
The Government have today written to the Northern Ireland Court of Appeal to formally abandon all their grounds of appeal against the section 4 Human Rights Act declarations of incompatibility made by the Northern Ireland High Court in relation to the Act. The declarations of incompatibility that the Government are no longer challenging include those relating to the conditional immunity provisions, which could— had they not been struck out by the High Court—have seen individuals being granted immunity from prosecution for providing information about troubles-related deaths and serious injuries.
This is the first step in fulfilling the Government manifesto commitment to repeal and replace the Act. Victims and survivors have felt ignored by the previous Government’s approach to legacy, which has been clearly rejected across communities in Northern Ireland. The conditional immunity provisions, in particular, have been opposed by all of the Northern Ireland political parties and by many victims and survivors, as well as being found by the court to be unlawful.
The action taken today to abandon the grounds of appeal against the section 4 Human Rights Act declarations of incompatibility demonstrates that this Government will take a different approach. It underlines the Government’s absolute commitment to the Human Rights Act, and to establishing legacy mechanisms that are capable of commanding the confidence of communities and of victims and survivors.
The Government will now begin preparations to address the incompatibility findings of the High Court, which will include laying a draft remedial order under section 10 of the Human Rights Act 1998 to remove offending provisions from the statute book. The Northern Ireland Office has begun work on this, with a view to laying the draft order in Parliament as soon as parliamentary time allows.
The Government have also been clear that it would be irresponsible to repeal the Act in its entirety without anything to replace it. The High Court found the Independent Commission for Reconciliation and Information Recovery to be independent and capable of conducting human rights compliant investigations. The success of the ICRIR will, ultimately, be determined by its ability to deliver justice, accountability, and information to victims and survivors of the troubles. Under the leadership of Sir Declan Morgan as Chief Commissioner, the Government have confidence in its ability to do so. It is also clear, however, that to achieve these objectives, the ICRIR will need to gain the confidence of victims and survivors in its work. The Government will consult on measures to strengthen the ICRIR’s independence from Government and its powers.
The Government have also committed to reverse the current prohibition on bringing new civil proceedings, and to propose measures to allow inquests previously halted to proceed. Both mechanisms, while not without their own challenges, have helped to provide many victims and survivors with information, and a sense of justice or accountability that they might not otherwise have obtained. The Government are acutely aware of the distress that the cessation of live inquests in particular has caused those families, and will consider all possible options to ensure those cases can conclude satisfactorily. We will also consider the best way forward for those inquests involving a significant amount of sensitive information which were unable to conclude within the coronial system.
Effectively addressing the legacy of the past is hugely important, not just for those victims and survivors who continue to pursue answers, but for society in Northern Ireland to be able to move forward. The Government recognise that achieving absolute consensus on these issues is immensely difficult. That is demonstrated by the series of failed attempts since 1998 to implement effective legacy mechanisms. Indeed, even the Good Friday agreement, which brought peace to Northern Ireland after decades of violence, was opposed by some due to the very challenging policy of releasing early from prison those individuals convicted for serious troubles-related offences.
The Government will therefore now undertake a period of consultation with interested parties, including victims and survivors, to seek their views. This will, of course, include engagement with the Northern Ireland political parties and with the Irish Government, with whom the UK Government are committed to working in partnership in seeking a practical way forward that can command support across communities in Northern Ireland and beyond. This will include veterans, recognising the dedicated service of the vast majority of police officers, members of the armed forces, and the security services who did so much to keep people in Northern Ireland safe during the troubles.
The Government recognise that this process will involve difficult conversations, and that many stakeholders will hold different views regarding the best way forward. It is also clear that a resolution to addressing the legacy of Northern Ireland’s past will not be reached without a willingness, by all, to listen, to understand the perspectives of others, and to compromise. The Government welcome the opportunity to have these conversations in the months ahead.
Article 2(1) of the Windsor Framework
In the course of its judgment, the High Court also found that, in relation to article 2(1) of the Windsor framework, primary legislation can be disapplied by the courts where the court considers that legislation engages provisions of EU law which no longer apply in Northern Ireland. Whilst the Government are unwavering in its commitment to the obligations under article 2(1) of the Windsor framework, this judgment has potentially wide-ranging implications for other UK legislation which extends to Northern Ireland. Therefore, we have asked the court to continue with its consideration of the interpretation and effect of article 2(1) given the profound constitutional and legal questions that have arisen from the ruling. This is a technical point of law which we hope will be clarified by an onward appeal, for the benefit of ensuring legal certainty and in maintaining a clear human rights framework in Northern Ireland.
Annex: List of declarations of incompatibility
A declaration that the immunity from prosecution provisions are incompatible with articles 2 and 3 of the European Convention on Human Rights (“ECHR”).
A declaration that section 43(1) (Troubles-related civil actions brought on or after 17 May 2022 may not be continued on or after 18 November 2023) is incompatible with article 6
ECHR.
A declaration that section 8 of the Act (exclusion of evidence in civil proceedings) is incompatible with articles 2, 3 and 6 ECHR.
A declaration that section 41 of the Act (prohibition of criminal enforcement action for non- serious/connected Troubles-related offences) is incompatible with articles 2 and 3 ECHR.
A declaration that parts of sections 46 and 47 (interim custody orders) are incompatible with article 6 and article 1, protocol 1 ECHR.
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