Northern Ireland Troubles: Legacy and Reconciliation

Debate between Hilary Benn and Judith Cummins

Wednesday 17th December 2025 Commons Chamber

[Madam Deputy Speaker]

Order. You had exactly one minute and you have gone over. My apologies—I call the Secretary of State.

[Hilary Benn]

I am grateful to the hon. Gentleman for what he says and for his support for what we are seeking to do in the remedial order. I acknowledge the responsibility that the Government have. These are quite unusual circumstances. The reason why we are debating this matter is because the Joint Committee on Human Rights has acknowledged the unusual circumstances and, despite having made other comments in its report, which we will all have read, has come to the conclusion that it gives its approval to the order and recommends that the House support it. I welcome what the Joint Committee on Human Rights has said.

I will point out one other thing. I acknowledge that the Government did take a bit of time between the report on 28 February and producing the revised draft remedial order on 14 October. That was because we listened to the representations that had been made, particularly by the Opposition, on the subject of interim custody orders in respect of sections 46 and 47, and in relation to the Supreme Court judgment in 2020. After reflecting on that, we found what we think is an alternative way of achieving the same objective, which is to be found in clauses 89 and 90 of the Northern Ireland Troubles Bill, which is currently before the House.

I simply point out that the previous Government tried for two and a half years to find a way of dealing with the Supreme Court judgment in the Adams case and were not able to do so, and eventually accepted the amendments moved in the other place, which became sections 46 and 47. It was acknowledging the arguments that had been made that led the Government to amend the remedial order, which we then put before the House on 14 October.

Northern Ireland Troubles

Debate between Hilary Benn and Judith Cummins

Tuesday 14th October 2025 Commons Chamber

[Stuart Anderson (South Shropshire) (Con)]

I am against the repealing of the legacy Act, and I served in Northern Ireland. As I am now doing in opposition, I raised when we were in government the major concern and dishonour when none of those on the Labour Benches had the decency to come to this House and debate all the points the Minister is making now. They let the legislation go through, but it is recorded in Hansard that very few people bothered to come to the Chamber to debate it when we took it through the House.

I want to make two quick points on the support for veterans. First, you have spoken about the process they will have to go through; I want to know what support will be available, as you have mentioned. Secondly, given that the terrorists did not keep records but the British Army did, how will you ensure fairer disclosure throughout the process?

[Madam Deputy Speaker (Judith Cummins)]

Order. I remind Members not to refer to “you”, as that means me.

[Hilary Benn]

I am grateful to the hon. Member for his point. Support is available for veterans through the Ministry of Defence, and the Armed Forces Minister is very committed to making sure that veterans get all the support they need, which is in part reflected in the package we have announced.

On disclosure, we are making a number of changes, including amending the definition of “sensitive information” so that it is not designated by virtue of the body that held it. That is one of the reasons why the courts found that the disclosure arrangements were not compatible with our commitments. The Secretary of State will have to conduct a balancing exercise on what should be disclosed; the Secretary of State will be required to give reasons for any decision not to disclose, to the extent that that does not risk harm to national security; and, of course, any decision that the Secretary of State makes can be subject to judicial review.