Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Jerome Mayhew and Claire Hanna

2nd reading
Tuesday 24th May 2022 Commons Chamber

[Jerome Mayhew (Broadland) (Con)]

For far too long, for my life and beyond, Northern Ireland, the Republic and Great Britain have been scarred by the legacy of violence. History has been politicised and the truth has too often remained hidden.

The damage is not historical. It continues. For families desperate to know the truth about what happened to their loved ones, the current adversarial litigation system is an abject failure. We need only look at the success rates: despite decades of information gathering and hundreds of millions of pounds spent in legal aid, it has been overwhelmingly unsuccessful in bringing prosecutions and even less successful in securing convictions.

We have talked a lot this evening about justice—the hope of justice, access to justice, the rule of law—but justice is only a word unless it brings results. With the passage of time and the complexities of Northern Ireland, I am afraid that justice has become just that—a word. The only winners are the lawyers.

The system is failing communities, who are unable to have their experiences of the troubles properly heard and recorded. Feelings of isolation, disempowerment and conflict persist. And yes, the system is failing veterans, who, despite the near-universal failure of litigation, continue to live under its threatening shadow into their 70s and 80s. We have heard from my right hon. Friend the Member for New Forest East (Dr Lewis) that the process of litigation, not the result, has now become the punishment.

All those people have been and continue to be failed by the current system, so for my part I welcome the Government’s proposals to end adversarial legal proceedings as the route to truth finding. An independent commission for reconciliation and information recovery does have the potential to be more effective and will rightly focus on all deaths and serious injuries, not just those brought into the litigation process—too often as a mechanism for extending division rather than achieving resolution and reconciliation. We need to remember in this House that of the 3,500 people who have been killed in the troubles, 370 were killed by members of the security services. Overwhelmingly, it is the evidence of former terrorists—republican and Unionist—that the families and others so desperately need to hear.

For reconciliation to take place, the truth must be supplied by every actor in this tragedy. The UK Government will provide a statutory requirement for state bodies to provide full disclosure to the commission, and I welcome that, but that transparency and openness need to be the approach of all actors, not just of the United Kingdom Government.

Linking engagement and co-operation with the commission to the possibility of immunity from prosecution could create an important incentive to unlock some of the shameful untold stories of the troubles, each one of which has the potential to provide answers to a grieving family. However, I also recognise the suggestion, in the speech of my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), that there may be an opportunity to improve the Bill by making full prosecution the alternative to not co-operating. We should properly explore that as we seek to improve the Bill.

The same approach must also be adopted by the Irish Government. Last year they made a commitment to establishing their own information recovery scheme, but what has happened to that? Families deserve to know the truth about what happened south of the border just as much as north of it. Imperfect as the Bill may be, I still welcome it. I hope that the initial positioning in response to its publication quickly gives way to collaborative working towards a shared vision that inspires it. My greatest concern relates to the consultation process prior to the Bill’s publication. I hope that the ministerial team will engage fully with Members in this House across the divide and take on board their feedback during the legislative process.

As we have heard time and again today, the status quo is broken. I commend the Government for grasping this nettle. I hope that we work collectively to improve this Bill in Committee.

[Claire Hanna (Belfast South) (SDLP)]

rose—