Northern Ireland (Executive Formation etc) Act 2019 Section 3(2)

Debate between Jeffrey M Donaldson and Tony Lloyd

Monday 9th September 2019 Commons Chamber

[Tony Lloyd]

I understand what the right hon. Gentleman said. I simply say that it is a shame that proper investigation did not take place at the time. He will agree, as a former soldier, that he would not have countenanced illegality by those he worked with. Every decent soldier I know of would agree with that premise—that illegality was not what our armed forces were sent to undertake in Northern Ireland. I hear what he says; I am not sure that we are a long way apart on this issue.

Turning to the issue underlying all this, it is three years since the Stormont Assembly and the Stormont Executive were last working. We have seen the impact in areas as wide as health, education and the way in which the interface takes place—I know that the Secretary of State was agitated about the lack of powers that he had with respect to Harland and Wolff over the summer months, for example. We need to see change take place and Stormont back together. I pay tribute to his predecessor, the right hon. Member for Staffordshire Moorlands (Karen Bradley), and him for the close working relationship that they have developed with the Tánaiste, Simon Coveney. It is important that there is a close working relationship between Dublin and London.

The single biggest threat to the United Kingdom at the moment is a no-deal Brexit, and the part of the United Kingdom facing the biggest threat is Northern Ireland, where the impact of a no-deal Brexit would be devastating, in a way that would go beyond the impact on my constituents and those of other Members in England, Scotland and Wales. The impact in Northern Ireland would not be simply economic, although the economic impact would be enormous. There would be an enormous impact on agriculture, on manufacturing, on services, and not simply on the social mores that have developed over the last 20 years, since the Good Friday agreement. There would be an enormous impact on the capacity to cross the border easily, and so on, and not simply on identity, which the Secretary of State referred to, though of course that is a fundamental issue.

The Good Friday and St Andrews agreements were milestones in establishing peace and a very different climate in Northern Ireland. It is important that nothing be allowed to jeopardise that, and a hard border, which there would be with no deal, would jeopardise it. We have seen in the Yellowhammer papers that people are concerned that we are drifting towards a no-deal Brexit. I note today the words of the Taoiseach, Leo Varadkar, making it clear that Ireland is not prepared to accept a promise in place of legal guarantees. The Taoiseach speaks for many on the Opposition Benches.

We have an odd situation. Parliament does not trust the Prime Minister, the Irish Government do not trust the Prime Minister, and the right hon. Member for Hastings and Rye (Amber Rudd) does not trust the Prime Minister on this issue. In that context, I say this to the Government: we are facing Prorogation and a period when our Parliament cannot act. The Secretary of State himself made it clear how important it was

“in the run-up either to a deal or no deal, that the very tricky decisions can be made, and I am sure that those will have to be made at pace.”—[Official Report, 5 September 2019; Vol. 664, c. 364.]

Of course, he is absolutely right. We will have to make decisions very quickly, and Prorogation makes that more difficult.

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

The shadow Secretary of State talks about the threat to the Good Friday agreement. Can I suggest to him that right now the biggest threat to that agreement and to the peace process is the fact that none of the political institutions in Northern Ireland are operating, and that the North South Ministerial Council is not operating and has not been operating for two years and nine months? Those who brought the institutions crashing down present the greater threat to the political institutions in Northern Ireland. It is all very well saying that we do not trust the Prime Minister. With all due respect, trust has broken down in Northern Ireland not because of the actions of any UK Prime Minister, but because one political party decided to take the ball and walk off the pitch, and will not get back on until it gets its way. That is where the threat comes from.

[Tony Lloyd]

I have some difficult news for the right hon. Gentleman. The disillusionment in democratic institutions stretches across all communities in Northern Ireland, including in his constituency. I talk to those people. Those who want to see Stormont working are desperately worried that the politicians—all politicians from all backgrounds—are not making the necessary progress.

I will conclude, because other Members want to speak. I want to finish by putting some specific points to the Minister. Prorogation has made it difficult for this House to make the decisions it will have to make. We will come back here on 14 October, and between then and 31 October, if we have no deal, we will have 11 sitting days. Some of those will be taken up by the Queen’s Speech. The Secretary of State rightly promised the House regular updates. The first will take place before the House returns. We need those updates to be meaningful to reassure not simply this House but the people of Northern Ireland that there is a plan and a strategy to move this forward. We need to know—the Opposition will co-operate with the Government on this—that there is the capacity to make the legal decisions that will be necessary to move the situation forward, but they have to be the right decisions and there has to be dialogue across the Chamber and an exchange of information.

There also has to be—this is really important—a maintenance of the dialogue between Dublin and London, so that when we take action here we know there will be support from the Government in Dublin so that people from all communities can be reassured that a concerted effort is being made to bring this situation to an end.

Northern Ireland Budget (No. 2) Bill

Debate between Jeffrey M Donaldson and Tony Lloyd

Money resolution: House of Commons & 3rd reading: House of Commons & Report stage: House of Commons
Monday 9th July 2018 Commons Chamber

[Tony Lloyd (Rochdale) (Lab)]

Let me begin where the Secretary of State ended, in saying that there can never be moral equivalence between the acts of the broad mass of those young men and women who were asked to serve in Northern Ireland at the behest of our society and those who instead sought to damage, maim and kill through the paramilitary groups of either side. As with other Members, I wish to pay tribute to those who served our nation. I wish also to follow the words of the hon. Member for North Down (Lady Hermon) in recognising as well the important role of the RUC during the troubles.

I recognise the argument put forward by the right hon. Member for Sevenoaks (Sir Michael Fallon), and he rightly was struck by and acted on the claims farming that he saw as a result of the situation in Iraq. However, there is no equivalent that reads immediately across to the situation in Northern Ireland, and it is important to establish that, even though I recognise that his motives are honourable in what he proposes.

I again follow the Secretary of State’s line in saying that there is currently a consultation on the historical inquiries, and it is important that that is allowed to take place and to go forward. It is important that we take the opportunities of the Stormont House agreement to move forward in the way that she outlined. In the debate on Second Reading, I said that we should make progress with exactly those kinds of institutional arrangements. It is important that we bring things to a rapid conclusion in the interests of victims on all sides.

The right hon. Member for Sevenoaks was challenged by the hon. Member for North Down on why the RUC/PSNI has been left out of the amendment. It is helpful to quote Mark Lindsay, the chair of the Police Federation for Northern Ireland, who says:

“Let me be clear: This organisation is totally opposed to any legislation which proposes an amnesty”—

a loaded word—

“for any crime. That’s any crime, whether committed by a police officer or terrorist from any side of the divide. Society must now decide, whether the solution is a political solution or a criminal justice solution.”

He goes on to say that it would be a “monstrous injustice” to his members were we to go down those lines. It is important that we listen to those words.

I met Mark Lindsay recently, and one point that he made to me was about the enormous importance of the Police Service of Northern Ireland having the trust of people across all communities. One way to damage that trust would be to open the PSNI up to the accusation that it somehow gained special treatment for its members, when the Police Federation for Northern Ireland does not want that kind of special treatment. That is important.

In response to the hon. Member for Belfast East (Gavin Robinson), I should say that even the leader of the Democratic Unionist party, Arlene Foster, has expressed her own doubts about going down this road. She makes the point that the DUP has not been pushing for this as a party, and her concern is that it could lead to demands for a wider amnesty. That is important because, as the Secretary of State said, she has to sign off the legislation as compatible with the UK’s human rights obligations under international law—not things that we can change or arbitrate; things that we have signed up to as part of the UK’s global commitments. These are things that the UK signs up to as exemplars to be applied not just here in the United Kingdom but all around the world. They give us the freedom to criticise those who transgress human rights obligations. A strong body of opinion—I know this opinion was given to the Defence Committee—makes it clear that if the state is seen to act partially in a way that denies victims access to justice, it is transgressing its obligations under international law. In particular, if in doing that the state is seen to be partial and to be protecting state actors while not offering the same kind of procedure to others, the state is, in that partiality, accused of breaching its wider human rights obligation.

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

The comments by the leader of my party were directed specifically at the legacy proposals for Northern Ireland. To legislate for a statute of limitations on the narrow ground of Northern Ireland would not in our opinion be appropriate, because it would exclude deployments in the Gulf war and Afghanistan. It needs to be done on a UK-wide basis. My party would be supportive on that basis, but not if it is exclusively about Northern Ireland, because that would open it up to the risk that it would be used by others to try to bring about an amnesty, which is not what it would be.

[Tony Lloyd]

I am grateful to the right hon. Gentleman for that clarification, which leads me to begin to bring my remarks to a conclusion.

I stand strongly with the Secretary of State on the fact that the consultation process is already abroad. That consultation process now should be allowed to come to its full conclusion. That is the right way forward both for this House tonight and more generally for this country. In the context of Northern Ireland, it is important to take on board the right hon. Gentleman’s remarks that the possibility of seeing a wider amnesty will defeat the ambitions of victims of the violence during the troubles and those who were left bereaved by that violence. It could, of itself, allow off the hook those whom we would all want to see—even these years on—brought before our justice system and the courts. Within that, it is right and proper that the right hon. Member for Sevenoaks recognises the force of the argument that this is the wrong vehicle. It is the wrong occasion for this and it will almost certainly lead to the wrong kind of rules—temporary at very best. I do hope that he will consider very seriously whether this is the right approach on this occasion.