Northern Ireland (Stormont Agreement and Implementation Plan) Bill

Debate between Jeffrey M Donaldson and Ben Wallace

Thursday 10th March 2016 Commons Chamber

[Mr Wallace]

I agree with the hon. Gentleman that it is totally wrong to equate the two. I believe that the remedy for that is in the Northern Ireland Assembly, which is where the power to amend the definition of victims lies. I urge the Assembly always to keep at the forefront of its mind the fact that the two are not the same, because that will go further than us, as a Government, imposing that change.

[Mr Jeffrey M. Donaldson]

I beg to differ with the Minister about this. Many victims and survivors who were affected by the troubles in Northern Ireland neither reside in nor came from Northern Ireland; in fact, they may even be the Minister’s constituents. Given that hundreds of soldiers who were injured or killed in Northern Ireland came from Great Britain, that police officers came from Great Britain and that civilians were injured in Great Britain in acts of terrorism committed in connection with the troubles, to suggest that the definition of victim and survivor is a matter to be dealt with by the Northern Ireland Assembly misses the point. Victims and survivors came from all over the United Kingdom, so it is for this Parliament to determine who is a victim and survivor.

[Mr Wallace]

I hear what the right hon. Gentleman says, and I do not disagree with a large part of it, but the Bill deals with the “Fresh Start” agreement—the Stormont House agreement—in so far as it applies in Northern Ireland. I am sure that there will be further opportunities to redefine “victims” as that term would apply in the United Kingdom. Under the previous Government, the Ministry of Justice did a lot of work to ensure that the criminal injuries compensation scheme did not extend to burglars, robbers and everyone else who had managed to claim against it when they had perpetrated a crime. Precedents in United Kingdom law, or certainly in English and Welsh law, make that difference clear. I hear loud and clear what the right hon. Gentleman says, and I hope that there will be opportunities to address that in future legislation, but today we are considering this Bill, which is a consequence of the “Fresh Start” agreement.

New clause 4 would establish the implementation and reconciliation group, which is one of four new bodies to be established as part of the Stormont House agreement. The others are, as we had hoped, the historical investigations unit, the independent commission on information retrieval and the oral history archive. Members will be aware that the Government continue to support the establishment of all those bodies and the other measures in the Stormont House agreement. However, for reasons that I will set out, we do not agree that it would be a positive step to move ahead with the IRG in the absence of the other bodies and measures. The IRG and the other measures to deal with Northern Ireland’s past require cross-community support in Northern Ireland and must be dealt with as part of the package of bodies and measures proposed in the Stormont House agreement.

As I have mentioned, the IRG is an integral part of the four bodies proposed in the Stormont House agreement. The Government have committed £150 million towards the establishment of those bodies as part of our commitment to help Northern Ireland to deal with its troubled past. The design and implementation of the bodies was considered as part of the intense negotiations during the “Fresh Start” legacy talks, but the establishment of the IRG and the other legacy mechanisms could not be agreed at the time. The Government continue to work on making progress on the legacy strand of those negotiations. As is set out in the Stormont House agreement, the Government support much of what was proposed. The IRG should receive and commission reports; it should promote reconciliation; it should be appointed by Northern Irish political parties, the UK Government and the Irish Government; and it should have a chair of international standing who is nominated jointly by the First Minister and the Deputy First Minister.

As Members know, there have been a number of previous initiatives aimed at addressing the legacy of Northern Ireland’s troubled past, and they have all recognised that it cannot be reduced to a one-dimensional issue. No single approach or solution will work in isolation; a concerted and multifaceted approach is required. The Stormont House agreement makes it clear that the four legacy bodies are intended to constitute a package of measures to deal with the past, each addressing a different dimension of this difficult issue.

I suggest that establishing the IRG on its own would not ultimately promote reconciliation, although that is a key function of the body. I say that because the proposed new clause ignores many of the ingredients acknowledged by the political parties in Northern Ireland as integral to dealing with Northern Ireland’s past. Those ingredients must address the suffering of victims and survivors, facilitate the pursuit of justice and information recovery, and be balanced, proportionate, transparent, fair and equitable.

A significant criticism that victims have raised with us regarding the current approach is the piecemeal nature of how legacy matters are dealt with. I do not think that we wish to perpetuate that through a piecemeal implementation of the legacy institutions. The IRG, as an integral part of the Stormont House agreement, can realistically be implemented only in parallel with the other legacy bodies, and it is clear that progress on the whole package of legacy mechanisms must have cross-community support in Northern Ireland.

I recognise the views of UUP and SDLP Members about new clauses 2 and 3. Indeed, I sympathise with the sentiment behind the measures. On the face of it, reverting to the pre-St. Andrews agreement method of electing the First and Deputy First Ministers might be a welcome change, because that involved an overt demonstration of cross-community support. However, to accept the new clauses would be to turn back the clock to before the St Andrews agreement and the subsequent legislation, which is the basis on which devolved government was restored in 2007 and continues to this day. The reality is that such changes would need to be supported on a cross-community basis, but that has not happened. The purpose of the Bill is to implement the Government’s commitments under the “Fresh Start” agreement, and the proposals go beyond that agreement.

I am concerned that if we made changes to the institutions without cross- community support in Northern Ireland, we would risk destabilising the political process in Northern Ireland, damaging the substantial progress that we have made and diverting attention from the challenges and opportunities that Northern Ireland faces. Our priority in supporting devolved politics in Northern Ireland must be to implement the “Fresh Start” and Stormont House agreements, and we are taking another step towards that with this Bill. I recognise that this matter has been considered in the past. The same amendment was tabled in the other place during the passage of the Northern Ireland (Miscellaneous Provisions) Bill in early 2014, but the Government could not support it then. I am afraid that, for the same reason, we will not do so today.

I have outlined the reasons why the Government will not support new clauses 1 to 5 and amendment 2, and I urge hon. Members not to press them to a Division.

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[Mr Donaldson]

My hon. Friend makes a valid point. The other day I was in the lift with Lord Tebbit and I asked after his wife. I think of the Brighton bomb—the Conservative party knows this all too well—which was a blow to the heart of British democracy if ever there was one. I think of Lord Tebbit’s wife. I think of others who died in that attempt by the Provisional IRA to blast British democracy.

As Lord Tebbit himself asked, why is the man who planted the bomb being equated with the victims of the Brighton bombing? With the greatest of respect to the Secretary of State and the Minister, I say that this is not a matter just for the Northern Ireland Assembly; it is a matter for every Member of this House of Commons. We all have constituents who served in Northern Ireland, and many of us have constituents who died or were injured there. They are all victims and survivors. The Minister himself would come under the category of “survivor”, yet he is equated with the very people whom he lawfully was seeking to bring to book and who were holding Northern Ireland to ransom.

My final point concerns an amendment of ours that unfortunately was not debated this afternoon. I disagree with the Minister. The military covenant is not being fully implemented in Northern Ireland. I will send him copies of responses I have had from Departments in Northern Ireland specifically stating that constituents of mine who have undertaken military service cannot benefit from the military covenant because of section 75. I will share that correspondence with him so that he can see our frustration at hearing Ministers deny there is a problem. We, as Members representing constituencies in Northern Ireland, have constituents who served in our armed forces who are not getting the full benefit of the military covenant because of section 75. I hope he will understand our frustration.

[Mr Wallace]

I share the right hon. Gentleman’s frustration. That is why, when I was appointed, instead of waiting on areas like mental health, I went around the problem, approached Combat Stress and said, “What’s important to veterans and victims is outcomes and getting a service. I’m not too fussed who delivers it. I just want to get the service delivered to them.” I hope that is partly why we have got where we have with Combat Stress, but I am happy to listen to other areas of frustration and see what we can do to deliver the service.

[Mr Donaldson]

I entirely accept what the Minister has said. I have nothing but admiration for his efforts to ensure that veterans of our armed forces living in Northern Ireland receive the support they deserve. However, I have had constituents say to me, “I have returned to live in Northern Ireland, and the military covenant tells me that I should have access to medical care on the same basis as other residents of Northern Ireland, as if I had lived in Northern Ireland, but I don’t”. The covenant says not that there should be special advantages, but that veterans should not be disadvantaged by virtue of their service. In reality, veterans in Northern Ireland who return to Northern Ireland are being disadvantaged by their service. They go to the bottom of the waiting list, instead of being placed in the list where they would have been had they been ordinarily resident. That is what the military covenant should be doing for veterans, but it is not currently delivering. We will be happy to meet the Minister to discuss how we can overcome this difficulty and ensure that the military covenant delivers.

We welcome and support the Bill and the Secretary of State’s ongoing efforts to conclude the other elements of the Stormont House agreement. We stand with her on issues such as national security, and we hope that we will see this matter through to a successful conclusion. We all owe it to the people of Northern Ireland to do so.

Parachute Regiment: Arrest

Debate between Jeffrey M Donaldson and Ben Wallace

Wednesday 18th November 2015 Commons Chamber

[Mr Wallace]

I totally agree with my hon. Friend, and it is why, not so long ago when a prominent member of Sinn Féin and former members of the provisional IRA were arrested, I said quite clearly at the Dispatch Box that we support the PSNI in pursuing the evidence that is presented to it to bring them to justice whether they are senior members of a political party or members of a terrorist organisation, but that is not to equate them with individuals who were in the British armed forces and who were doing their job to defend people who could not defend themselves.

[Mr Jeffrey M. Donaldson (Lagan Valley) (DUP)]

We echo the comments made by the hon. Member for Aldershot (Sir Gerald Howarth) and we endorse what he has said. Is it not the case that we still have people in Northern Ireland who are prepared to go out and murder former members of the security forces? Is it really appropriate that, when a man offers to go to a police station for interview, three police cars arrive at his home to arrest him in full public view, given his background? If we are to do this, we need to find a more sensitive way. We should not be placing men and women who have served this country well, and their families, at risk and in danger simply, as appears to be the case, to appease some other people?

[Mr Wallace]

The right hon. Gentleman is right to express concern at the manner in which anyone is arrested, but, as I have said, I cannot comment on this individual case. If he has issues with how and in what manner that person was arrested, may I suggest that he takes it up with the Chief Constable?