Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Jeffrey M Donaldson and Johnny Mercer

2nd reading
Tuesday 24th May 2022 Commons Chamber

[Johnny Mercer (Plymouth, Moor View) (Con)]

I have huge respect for many of my colleagues in this House, and I have listened intently to what has been said today on all sides on this issue, on a path that I have walked down for seven or eight years now, whether in relation to Iraq, Afghanistan or the unique intricacies of Northern Ireland. I have seen the difficulty with this issue laid bare today. I was the Minister who introduced the Overseas Operations (Service Personnel and Veterans) Act 2021 that brought to a close the Iraq historic allegations team. Everyone understands that if people see someone commit a crime they want them to go to prison. Everyone wants accountability. To pretend otherwise is a huge disservice to the victims and those who serve in the security forces. That is to approach the world and this whole problem—it has been approached this way for the past 25 years—not as it actually is but as we would like to see it. We would all like to see those things. We would all like to have seen decent investigations from back in the day that would withstand ECHR challenge now. We would all like families to genuinely have hope of an understanding of what went on and have answers to their problems, but there is nothing we can do about that now. There is nothing we can do. That is not my opinion; it has been tested to destruction in the courts and the justice system in Northern Ireland.

The process of testing that to destruction has destroyed the lives of some of our people who sacrificed the most for the freedoms and privileges that are enjoyed in that part of the United Kingdom today. I am afraid that colleagues in this space have to get real and stick to the truth and the facts. A number of comments that have been made today are, I am afraid, not true. I dearly love my friend the hon. Member for Hove (Peter Kyle), who is on the Opposition Front Bench. He is a great friend of mine, but what he said about sexual offences is not true. The truth is written in the Bill, and Members can read it.

My right hon. Friend the Member for Skipton and Ripon (Julian Smith) made an incredibly powerful speech, but he mentioned collusion. Collusion has never been proved—[Interruption.] Collusion has never been proved in a court of law. If anyone would like to challenge that, please do so now. The suggestion that it happened is incredibly offensive to those who went out there to try to sustain peace.

I urge colleagues to accept that there are no winners here. There are going to be no winners. There is no social media clip that they can send out to the people who vote for them that will suddenly make them think they are the best thing since sliced bread and ensure they get in at the next election. There are no winners in legacy. It is a mess. The whole thing is a disaster. But we have to do what we can to bring some sort of end, finality and truth to this process for the victims. That is what I want colleagues to focus on.

Some Opposition Members have consistently said in the press that people want individuals to get away with murder and all the rest of it. It is a total load of garbage. I have always been clear, from the outset, and I say it again, that all I have asked for is fairness. All this Government are looking to introduce is fairness to all sides. I have never argued for those who operated outside the law to be unaccountable—I argue the complete opposite, because it is a foundation of our society.

There are those who continue this argument. I go out to the trials in Northern Ireland and they ask why I do not engage with them. It is because they are deliberately propelling a false narrative for political ends. That has gone on for too long in Northern Ireland and failed too many people. I am afraid I will not be part of it. To those people I say again today, as I have said many times before, that uniform in particular is no place for those who cannot adhere to the standards set and maintained by the vast majority of those who serve in Britain’s armed forces. We can find that idea espoused most by the operators themselves.

As I have said, the core of the problem is that people see this issue not as it actually is—a complete mess in which the state has failed families and failed veterans—but as they want to see it and as they want their world to be. If they were totally honest with people, they would say, “Do you know what? You’re not going to get the evidence up to a criminal threshold that means we will convict someone for your son’s murder.” I will tell the House why they have not done that: because it requires a level or integrity and courage that has eluded so many politicians in Northern Ireland. That is the reality that is currently being tested to destruction every day in the courts. It is often said that it is not justice they seek but their version of justice. That is not my opinion; it has been proven a number of times—the evidence gathering was terrible.

If it was my family member, I would be leaping. I would be jumping up and down, absolutely furious if my brother, sister, father or mother had been killed in some of the situations investigated by the British state. The soldiers were not interviewed by the police, they spoke to the Royal Military Police and some of the statements were pre-written. It is a disgrace, and I accept that. People will get away with things they should not get away with. We can bemoan that all we like, make speeches and speak to our home crowd as much as we like, but it is never going to change. I tell you now, everybody knows that is true—the judges who serve on these cases, the prosecutors who promise convictions for bereaved and vulnerable families, the so-called community leaders who pump out this rhetoric without a care in the world for the damage they do to the families who are looking for answers.

Of course, for veterans this must end. They hound old men in courts over in Northern Ireland. Two weeks ago, I listened to what exactly the drills were for a GPMG—general purpose machine gun—weapons system at a particular moment in time 40 years ago. There was an old man on the stand and he simply had no recollection. It is a farce, and I tell you now: it looks appalling for Northern Ireland. It looks ridiculous for Northern Ireland, and it loses the credibility required to bring anybody along in the process. For people like me—who, I reiterate, are not protectors of those who break the law in uniform—it fatally weakens the cause.

Attitudes have changed. We cannot let history’s notoriously heavy hand be an impediment to reconciliation, peace and opportunities in Northern Ireland for the greater good. Truth about the past has an important role to play but, as I have said today and pointed out to individual Members, it is about the actual truth, not their version of the truth, and about all the uncomfortable, messy, bloody and disgraceful actions that occurred. It has to be the truth, not their version of the truth.

I wish to focus my remarks on two key groups: the families of the civilians who died and those who sought to uphold the law in the security services—I will come to the veterans in a moment. I am talking about the real people in this debate. They are not trying to get elected all the time. They are not saying ridiculous things in the Chamber like, “British soldiers went to my town to murder civilians”. They are not saying that sort of thing just to get social media clicks—[Interruption.] That is precisely what the hon. Member for Foyle (Colum Eastwood) said. That is exactly what he said, and it was an absolute disgrace. He is a disgrace to this House. These are real people, and they are not like that. They are real people without answers, without parents, without siblings and without loved ones, some of whom are under threat from almost interminable prosecutions.

I accept that the Bill needs work. The Government must overcompensate for the failures of the past, particularly on transparency. We cannot blanket rule out people finding out what happened to their loved ones because of national security. That has been the situation for too long, and the truth has not come out. Time has passed, and we are in this situation now. We must hand this over to the main protagonists, and chief among them are the team at Op Kenova led by Jon Boutcher. Time and again, I have said that the Government must bend over backwards to show what Boutcher is doing in that investigation, and that it should be lauded in all parts of this House. What he is doing requires really difficult skills, and it must be replicated in this commission, so that victims have confidence in what is being done.

I recognise that many Members have come out against the Bill, despite the fact that it has been in the public domain for only 48 to 72 hours, and I genuinely think that that is a mistake. This is an incredibly difficult space. We have probably a generational opportunity to get this right. Legacy is not an amateur sport. It is not about coming out and saying slogans and thinking that it will all go away—Members on the Conservative Benches have been as guilty of that as anybody else. It will not go away, and to imply otherwise is deeply misleading.

Critical to the success of this Bill is how it is handled by Ministers, and I encourage them in their endeavours. I pay tribute to the Secretary of State for what he has done. When the Command Paper came out, it was clearly rejected—I was probably one of the few on these Benches to come out against it. But the Secretary of State has had the character to look at it and come back with more realistic and better proposals, and he should be commended for that.

Finally, I want to address the issue of veterans. The Good Friday agreement was an incredible piece of work, ending years of bloodshed in Northern Ireland. However, there is no doubt that the issue of veterans was left on the table, and there are some of us who will never accept that. We are not asking for favours; we are asking for fairness.

[Sir Jeffrey M. Donaldson]

I thank the hon. Member for giving way. I know that he speaks passionately on behalf of many veterans, and I understand that. He spoke of the Government responding to his concerns. Does he agree that, when the Minister of State rises to respond to this debate later, what we want to hear is a willingness from the Government to consider carefully reasoned amendments to this Bill that take account of very real and genuine concerns that we have about this process?

[Johnny Mercer]

I agree with the right hon. Gentleman 100%. We have a job here to go down that route. It must be abundantly clear to families in particular that the powers in respect of information held by the security forces sit not with the Northern Ireland Office but with the commission, which has unfettered access to that material. Any evidence that exists must be allowed to have modern techniques applied to it, as is the case under Kenova, to ensure that the truest accounts—not a version of the truth, but the truest accounts—are given to the families. The commission must have the right to speak to anybody who is still alive and could shed light—the barman in Spain, for instance.

Finally, I do want to address the matter of veterans. This Chamber is not packed today. I tell Members now that there is no other country in the world that would treat its veterans like this. I totally get the emotion in people’s speeches—I genuinely do—but the way that this has carried on over the past 25 years is an absolute disgrace.

I promised veterans before I was in Government and when I was in Government that I would do whatever it took to help them—that I would not allow them to be left behind on the negotiating table, or to be left in that “too difficult” column, as has been the case for decades. Those decades have seen lives ruined and lives ended prematurely. The whole premise of a generation’s sacrifice in Northern Ireland has been questioned openly with almost no defence, save from a few hon. Members, some of whom are here today.

I never served in Northern Ireland and I have no relation to that wonderful part of the United Kingdom, but I know the institution that shaped me. While I know the UK’s armed forces will always have their challenging individuals, as any organisation does, and we must do better in holding them to account, the overwhelming sense is one of deep professionalism, humility, courage, integrity and self-sacrifice. Those values have been tested to destruction and beyond. I have personally seen men die in the upholding of those values.

In this journey, one of the most affecting testimonies I have heard—I realise I am going slightly over 10 minutes, Mr Deputy Speaker, but this is important.