Northern Ireland Troubles (Legacy and Reconciliation) Bill Debate

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Department: Northern Ireland Office
James Sunderland Portrait James Sunderland
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I thank my right hon. and gallant Friend for his intervention. He is absolutely right, and I hope the Minister heeds his point.

Having looked at what the Bill does, and having discussed it on Second Reading, I ask: where can we go from here? Where do we need to go as a Committee? First, I would urge the Government to reconsider the exclusion of rape and sexual offences, which merits further work, although I fully understand the arguments that exist in law. It may be a political point as opposed to a legal point, or it might be both, but it requires extra work.

Secondly, clause 18 currently says that the ICRIR must grant a person immunity from prosecution if conditions A to C are met. Condition B states that a person needs to have engaged and stated the truth to the best of their “knowledge and belief”. That is a very low and subjective expectation of one individual’s account, for which the immunity panel is not required to seek corroboration. What if that individual is not telling the truth?

Jess Phillips Portrait Jess Phillips (Birmingham, Yardley) (Lab)
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I thank the hon. Gentleman for the speech he is making. I, too, have concerns, but even if that was ironed out—I stand here to speak for the 21 families of the victims of the Birmingham pub bombings, the biggest mass killing on our streets in this country for which no one has faced justice—does he think that that would be enough for the lives of Maxine Hambleton, Tommy Marsh and Paul Anthony Davies? Would anything we could do today allow the families of those people to feel that an amnesty was enough?

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Johnny Mercer Portrait Johnny Mercer
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That is a good example of technical details in the Bill that need work. Aspects of this do need work. I think I have spoken individually to everybody on the other side of the Committee who opposes the Bill, and I agree with their technical changes to it. The idea that immunity cannot be revoked, or that there is no real compulsion to get involved because of jail sentences—I do not agree with that. At the same time, however, I am not going to say, “Don’t vote for this Bill”, because this is it; this is as good as it gets. There is an opportunity coming down the line, when the Bill goes to the Lords, when things such as that will happen.

Jess Phillips Portrait Jess Phillips
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Will the hon. Gentleman give way?

Johnny Mercer Portrait Johnny Mercer
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With deep reticence, because I think my good friend from the Opposition will give me an extraordinarily hard time.

Jess Phillips Portrait Jess Phillips
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I am absolutely not going to give the hon. Gentleman an extraordinarily hard time, and I thank him for taking the intervention. He may be right as a pragmatist—I am a pragmatist myself—to say that this is as good as it will get, but the families affected by terror incidents, including the incident I ran away from myself in Birmingham, do not think that his saying, “What you’ve got is as good as it’s going to get” is enough for 21 people lying dead with no justice. That is not good enough for them. On whether it takes them the rest of their lives, Julie Hambleton is in her fifties now. She has been doing it since she was 13—she is in for the long haul—and the reason she keeps going is that she believes in the British state.