Northern Ireland Troubles Bill (Carry-over)

Jim Shannon Excerpts

Carry-over motion
Monday 27th April 2026 Commons Chamber

[Hilary Benn]

I hope that our armed forces personnel will listen to what I am about to say and see both the protections that are currently in the Bill and the commitment the Government have made to bring forward further such protections. Indeed, the Bill will put in place a means of dealing with legacy that is legally compliant and will hopefully, in time, command broad public support in Northern Ireland and across the United Kingdom. It will also result in the unprecedented sharing of records by the Irish authorities with the new Legacy Commission as a result of the framework agreement reached with the Irish Government.

Since its introduction in October 2025, the troubles Bill has been welcomed by a significant number of victims’ families and representative groups. Many recognise that while it cannot be the perfect Bill for them, it balances many of the different interests and provides a basis on which families’ cases can be taken forward sensitively and lawfully.

[Jim Shannon (Strangford) (DUP)]

I spoke to the Under-Secretary of State for Northern Ireland before the debate started to check in on what he was putting forward. There is some indication that protections will be put forward that Ministers hope will support the armed forces, but there are no similar protections whatsoever being offered to personnel of the Royal Ulster Constabulary and other branches of service in Northern Ireland. Some 319 RUC members gave their lives during the troubles, while thousands were injured; they deserve the same protection and help. Can the Secretary of State indicate what protections will be offered to the RUC personnel who gave so much for us, for their freedom and liberty?

[Hilary Benn]

The protections that are contained in the Bill currently will apply to RUC personnel and others who served the state, and the hon. Gentleman will see the further amendments that we will bring forward.

I would point out that every Member of the House has just received a letter from Joe McVey, the Commissioner for Victims and Survivors for Northern Ireland, urging us to vote for this motion tonight and making the argument that

“beyond every clause and every amendment there are people whose lives have been shaped by loss”.

One important part of the Bill is the consideration it gives to those who served the state so bravely in the form of protections for veterans and police officers to ensure that they are treated fairly and with dignity and respect. In recent months, as I set out in my written ministerial statement last week, my ministerial colleagues and I have been consulting widely on the legislation. We have been very grateful for the time that veterans groups have spent with us, explaining how they think our legacy processes need to be improved. That is why we are putting in place new protections: no repeated investigations; an end to cold calling; requiring consideration to be given to the age and welfare of veterans; and enabling any veteran asked to give evidence to do so remotely and anonymously.

In Committee, I will be bringing forward a substantial package of amendments to further strengthen those safeguards, including clearly differentiating between the lawful actions of soldiers and police and the unlawful actions of paramilitary terrorists, and to put in place arrangements to oversee how those protections operate in practice. Without the Bill, all those new protections—which were not in the legacy Act—would not be there for veterans while the commission continues its work, including investigations. That would be a complete abdication of our responsibilities to families and veterans, who would face continuing uncertainty. Is that really what those who have expressed concerns about the Bill want to see happen?

--- Later in debate ---

[Alex Burghart]

I genuinely respect the hon. Lady and the work that her Committee does, and she will remember that I was at that Westminster Hall debate. I must respectfully say that my outrage is not faux; I feel this very deeply. I have spent a lot of time talking to the people who are affected by this.

When the peace process was going through, when Labour was in power, it had no problem at all with creating immunity, and in 2005—as the Secretary of State will remember, because he was in the Cabinet at the time—Peter Hain, the then Secretary of State, brought forward a Bill that would have given immunity to terrorists, and terrorists alone. It was removed only when, under pressure from the Conservative party, the Government agreed to introduce immunity for veterans and Sinn Féin pulled its support, so the Government pulled the Bill.

Immunity is one of the things on which the peace process was founded, yet now in government, the Labour party has forgotten all about this and said it cannot possibly apply to anyone again. The Labour party has said that it cannot support immunity, and yet it used to. Similarly, the Government have said that they cannot support our legislation on the grounds that there was no support for it in Northern Ireland, but I am afraid that by that criterion this legislation has also failed, because where is the support for it in Northern Ireland? It is not there among Northern Ireland Members, and it is not on the streets of Belfast. This is an unloved Bill. There are lots of people who appreciate that this is the wrong way of going about things.

[Jim Shannon]

One thing that really concerns me is that this carry-over motion has been pressed by the Irish Government. That absolutely boggles my mind. The double standard is entirely shocking. The Irish Government need to be held to account for their role in protecting IRA murderers across the border. We think of all those ones who were murdered: Kenneth Smyth, my cousin; Daniel McCormick, his comrade; Lexie Cummings, and Stuart Montgomery. They were just four, but there were many, many more. Whenever there were murders, the murderers raced across the border. Does the hon. Gentleman share my anger on behalf of my constituents and my family, who want to know why the Irish Government have more say in this than the victims of Northern Ireland, my family and others?

[Alex Burghart]

My hon. Friend always speaks incredibly powerfully on this point.

The Government have also argued that our Bill was found to be incompatible with human rights legislation, but that is only partly true. The truth is that the Government failed to challenge the findings in the courts, and those findings themselves were highly questionable. There are high-level, highly credible legal arguments that show that the legacy Act may well have not been incompatible, precisely because the same logic around immunity had been used in 1998. So unless we are prepared to say that the legislation passed during the peace process is itself potentially incompatible with human rights law, the argument on the legacy Act falls. This is what is being considered in the case of Dillon before the Supreme Court now. The Government cannot argue that that legislation was incompatible with human rights, because they failed to see the process to its conclusion.

All of that has been made clearer and clearer over the lifetime of this law’s delay. In the time that it has taken the Bill only to get through its Second Reading, we have seen, starkly and painfully, regular real-life examples of the problems it will perpetuate. I will give a few small examples. In February, this House debated the terrible ruling in the Clonoe case. This was the case from February 1992, when four men—known terrorists armed with semi-automatic weapons and a Dushka machine gun capable of firing 600 rounds a minute at a range of 1,100 yards—attacked a Royal Ulster Constabulary police station and were in transit to commit further crimes. They were confronted by members of the armed forces, who killed them. Those terrorists called themselves an army, carried weapons of war, sought to kill and operated entirely outside the bounds of any law, yet we were asked to believe that the use of lethal force against them was not justified. I am afraid that that case is now being challenged, and the men involved are being subject to unjust and unfair scrutiny of decisions they made in a split second, decades ago. Nothing in the amendments that the Secretary of State has discussed with the press will do anything about that.

In November, we debated the findings in the case against Soldier F from Bloody Sunday. He was found not guilty after the longest and most intricate inquiry in British legal history. Indeed, Judge Patrick Lynch told Belfast Crown Court that the evidence even then fell “well short” of the standard required. He said:

“A 53-year-old statement cannot be cross-examined, nor can I assess the demeanour of a sheet of A4 paper”.

The House must see again that it is becoming vanishingly difficult to get convictions, because the 1998 agreement was 27 years ago and the ceasefire began 31 years ago. Nothing in the Secretary of State’s proposed amendments or in this Bill will do anything to right that situation.

Several times the case of Soldier B, a former SAS officer, has been raised in the Commons. In October, the case was thrown out by a court in Belfast, where the judge described it as “ludicrous” and said it should never have come to his court—but not before the man in question had been investigated for four years. A further challenge was then mounted despite the judge having said it was “ludicrous”, and only recently has the veteran in question been freed from the weight of that.

I am afraid that if the Government’s Bill goes ahead, we will see a return to this repeat investigation of innocent men who will be dragged through the courts, and then at the end the legal cavalcade will move on, leaving them bearing the emotional burden of being investigated for having done nothing wrong. Nothing that has been speculated about in the press this weekend will do anything to right that wrong.