Northern Ireland: Legacy of the Troubles

Jim Shannon Excerpts

Wednesday 4th December 2024 Commons Chamber

[Hilary Benn]

As the hon. Gentleman will know, the purpose of article 2 was to ensure that there was no diminution in the rights of people in Northern Ireland as a result of our withdrawal from the European Union. I certainly support that principle, and I hope that the hon. Gentleman does as well. The last Government thought it right to put it in place, because they negotiated that arrangement.

In respect of an appeal, we will just have to wait and see what the Supreme Court—if we reach that point and it goes there—has to say. I will not prejudge either a verdict or, indeed, what might flow from that. Let me just remind the hon. Gentleman, in relation to the Finucane inquiry, that there were very specific reasons. The previous Labour Government had made a commitment that in certain cases, if an independent judge determined that there be a public inquiry, we would hold one, and I believe that when Governments make commitments, we should keep our word.

[Jim Shannon (Strangford) (DUP)]

I welcome the news that the Secretary of State will repeal the legacy Act. This is something that the previous Government—I say this with great respect—simply did not get right, and this Government now have an opportunity to get it right. The Secretary of State has outlined the greater scope for investigation and inquiry. I led an Adjournment debate in the last Parliament about the 10 Kingsmill workers murdered by the IRA in Newry, and I would seek an inquiry for them, for the victims of the La Mon massacre, in which the IRA murdered numerous innocent people, and for the four Ballydugan soldiers murdered on 9 April 1990.

Stuart Montgomery was three weeks out of police training college when he was murdered by the IRA in Pomeroy. My cousin Kenneth Smyth was murdered by the IRA on 10 December 1971. His friend Daniel McCormick was murdered beside him. Raymond McCord’s son was murdered by loyalists. I could mention many, many others. Will all those who seek justice be able to access that which they have requested in the past, which they have been denied so often—and equal to the decision for the Finucane family? Can the Secretary of State please further expand on the support that will ensure that there will be no witch hunt against armed forces and RUC officers, who served honourably for Crown and country? I apologise for the emotion.

[Hilary Benn]

The hon. Gentleman has no reason to apologise to anybody, because he has just demonstrated what I said in my statement about the pain that endures to this day on the part of families who have lost dearly loved family members. The way that he put his question, and the emotion that he was not afraid to show—I think he had no control over it; of course not, because this is how we feel when we reflect on these terrible incidents. He mentioned one of those killings, and here we are in December, which is a particularly difficult time of year. There are a number of anniversaries, and we are approaching Christmas, when we feel the loss of loved ones so greatly.

We have to work together as hard as we can to provide—if it is possible, because it may not be possible in all cases—the means through which the families can get some answers about what happened. But in the end, each family has to come to terms with the loss that they have endured in their own way. I cannot think of anything that is more difficult to do, but we need to stand with them every step of the way. I stand with the hon. Gentleman—he is my hon. Friend—in saying that.

Oral Answers to Questions

Jim Shannon Excerpts

Wednesday 27th November 2024 Commons Chamber

[Fleur Anderson]

I am very supportive of the Executive’s strategic framework to tackle violence against women and girls. I am in constant dialogue with organisations such as White Ribbon NI to learn and share best practice. That is how we are going to achieve this—in partnership with the Executive. The Government are committed to tackling online abuse and violence against women and girls with the Online Safety Act 2023 and further work we will be doing on this matter.

[Jim Shannon (Strangford) (DUP)]

Last year in Northern Ireland, six women were murdered by men. All the men have been arrested, and their cases are pending. Last year, some 800 women and children stayed in a Women’s Aid refuge, and 10 babies were born in a refuge. There is an epidemic of violence against women in Northern Ireland. What can the Minister do in discussions with the Northern Ireland Assembly to make that better?

[Fleur Anderson]

I pay tribute to all the Women’s Aid organisations across Northern Ireland, which do absolutely fantastic work. It is about prevention and provision of services. Tackling online abuse and violence against women and girls wherever we see it—by everyone in this House and across the UK—is the only way that we will change this situation.

Windsor Framework

Jim Shannon Excerpts

Tuesday 19th November 2024 Westminster Hall

[Jim Allister]

It has infected every sector, and none more so than the farming sector, which is topical today. Northern Ireland’s veterinary medicines are now under the regime of the EU, and we are facing a cliff edge in that regard—there could be a cut-off of supply from our primary market of veterinary medicines very shortly.

[Jim Shannon (Strangford) (DUP)]

I commend the hon. and learned Member for securing the debate. He is right to mention farming. Does he agree that our farmers, who have been decimated by the inheritance tax proposals, will not be able to access state aid, while farmers on the mainland can apply for and get that aid? The Government must do the right thing: remove the protocol and return Northern Ireland to the UK in every way.

[Jim Allister]

I agree with that. Of course, the protocol contains an EU cap on the amount of funding that can be given to farming. All the things that the hon. Member says are correct.

All that flows out of one fundamental point: the protocol and Windsor framework mean that, in 300 areas of law, Northern Ireland is now subject to laws made not in this place or in Stormont, but in a foreign Parliament by foreign parliamentarians—the parliamentarians of the EU. That is such an assault on the enfranchisement of our constituents—it is, rather, their disenfranchisement —and on basic constitutional and democratic accountability. It is something, I would suggest, that no Member of this House would contemplate for one moment for their constituents, and yet those of us who represent Northern Ireland, as well as our constituents, are expected to accept that we should be impotent when it comes to making the laws that govern much of our economy.

Police Funding

Jim Shannon Excerpts

Tuesday 5th November 2024 Westminster Hall

[Clive Jones (Wokingham) (LD)]

It is a pleasure to serve under your chairmanship, Sir Roger. I congratulate the hon. Member for North Down (Alex Easton) on securing this debate. Everyone deserves to feel safe in their own home, walking down their own streets, on public transport and in their town centres, but for far too many people in the UK today, that is simply not reality.

The previous Conservative Government failed to keep our community safe from crime; their unnecessary cuts left our police forces overstretched, under-resourced and unable to focus on the crimes that affect our communities the most. Every day, 6,000 cases are closed by the police across England and Wales without a suspect ever having been identified. Meanwhile, just 6% of crimes reported to the police result in a suspect being charged, and three in four burglaries and car thefts go unsolved. From 2015, the Conservative Government slashed the number of police community support officers by more than 4,500.

My constituency of Wokingham is served by Thames Valley police force—the largest non-Metropolitan force in England and Wales—which does incredible work and is led selflessly by officers and civilian staff.

[Jim Shannon (Strangford) (DUP)]

Thank you, Sir Roger, for giving me the chance to intervene; I appreciate it very much. I wanted to come along and support my friend, the hon. Member for North Down (Alex Easton), because the same police force, chief superintendents, constables, sergeants and police cars that service his area also service mine. The clear issues for us are antisocial behaviour, under-age drug use, vandalism, petty crime and paramilitaries. Does the hon. Member for Wokingham (Clive Jones) agree that community officers’ knowledge of their local areas is so important in order to ensure that the communities can gather behind them and that forces can thereby address local crime?

[Clive Jones]

I absolutely agree that local police officers and PCSOs are invaluable. If they have a connection with the local community, they do a very good job.

Thames Valley police protect 2.5 million people and cover 196 miles of motorway, and I am proud of the manner in which they serve our community. It is, however, a disgrace that their hard work is severely let down by the previous Government’s reckless mismanagement of police forces. In the Thames Valley, we have only 198 police officers per 100,000 people. That is below the national average of 245. Only 88.1% of police officers in our area are in frontline roles, which is below the national average of 90.3%, and we only have seven special constables per 100,000 people, which is also below the national average of 10 per 100,000; that is a complete failure. Thames Valley police force needs more resources.

The Conservative party’s dereliction of duty is evident in the consequences of the previous Government’s under-investment. Between October 2021 and September 2024, retail crime surged by 35.4%, from 10,306 cases to a massive 18,208 cases. Robberies have also surged, with a shocking 143% increase in robbery from businesses. In fact, within the Bracknell and Wokingham area, robbery from business property has risen by the higher figure of 147.4%. Whether at the national level or the local level, our communities have been failed.

I recognise that the Government have inherited a mess, but they must urgently restore the proper community policing that people deserve. We must get more police officers out on to the street, and that should be funded by scrapping the wasteful, expensive police and crime commissioner experiment, and investing the savings in frontline policing instead. We also need to address the dramatic cut in the number of PCSOs, and free up existing officers’ time so they can focus on local policing. That is why the Liberal Democrats are calling for a new national online crime agency to take over the policing of crimes like online fraud and abuse, leaving local forces more time to tackle burglaries and other neighbourhood crimes.

For years, the previous Conservative Government failed to keep our communities safe from crime, but the new Government have said that they will act, so I ask the Minister how and when the new Government will deliver their manifesto promise of recruiting more neighbourhood officers. The details should be brought forward urgently.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Northern Ireland (Fleur Anderson)]

It is a great pleasure to respond to this debate and serve under your chairship, Sir Roger. I congratulate the hon. Member for North Down (Alex Easton) on securing this Westminster Hall debate—hopefully the first of many—on such an important and timely topic. I welcome comments made by my hon. Friend the Member for Middlesbrough South and East Cleveland (Luke Myer), the hon. and learned Member for North Antrim (Jim Allister), the shadow Minister the hon. Member for Hamble Valley (Paul Holmes), and the hon. Members for Upper Bann (Carla Lockhart), for South Antrim (Robin Swann) and for Wokingham (Clive Jones).

It is important to be talking about safety—safety on our streets and in our homes, workplaces and schools. Wherever we are, everyone deserves to feel safe, and that is vital. Equality of safety goes alongside all the other equalities that we want to see. This Government are supporting frontline policing levels across the country, putting us on track to start to deliver on the pledge to boost visible neighbourhood policing. It is a key mission of this Labour Government to take back our streets and have safer streets. That is also a key mission in the Northern Ireland Executive’s draft programme for government, and we can agree on that whatever party we represent.

I pay tribute to the brave men and women who serve in the PSNI and work tirelessly to keep the people of Northern Ireland safe. The commitment and bravery of the PSNI is shown every day; however, two examples vividly demonstrate its commitment and dedication. The terrible attack on Detective Chief Inspector John Caldwell last year reminded us that there is still a small minority in Northern Ireland who wish to cause harm to those who serve. More recently, officers sustained serious injuries while ensuring the safety of others during the violent disorder this summer.

In early August, the Secretary of State for Northern Ireland and I met with PSNI and Northern Ireland Fire & Rescue Service members in Belfast during that week of protest to offer our thanks in person. We heard many stories of bravery. The Prime Minister also met injured PSNI officers. It was clear to us all that the response of PSNI to the disorder was a testament to their dedication and ability to deliver safety and security in Northern Ireland. We owe all those who serve in the PSNI our gratitude. The Government will continue to work alongside the Northern Ireland Executive to support the PSNI. In response to the shadow Minister’s question, we will continue to have conversations with the Chief Constable and other members of the PSNI as a matter of course.

In recognition of the unique security situation in Northern Ireland, the UK Government make additional contributions to the PSNI through additional security funding, as has been mentioned. As we announced in the spending review last week, we have increased that funding for the PSNI for the financial year 2025-26. It will be provided with £37.8 million in additional security funding. It was previously provided with £32 million a year, and that amount had been in place since 2015-16. The increased funding that this Government have provided will give the PSNI the resources it needs to tackle the threat posed by Northern Ireland-related terrorism in Northern Ireland and allow it to continue to keep people safe.

The Government recognise the difficult financial position that the PSNI faces. However, policing is largely a devolved matter in Northern Ireland, and the PSNI’s main budget is allocated by the Northern Ireland Department of Justice.

[Jim Shannon]

The hon. Member for North Down (Alex Easton) and I had a particularly difficult time about a year and a half ago. There were special circumstances—paramilitaries were feuding—so funding for our area had to be above and beyond. The police service was able to give officers more overtime, but it was only able to do so because it had the resources. Without the extra resources and extra money that was provided due to the special circumstances, the police would be unable to police.

[Fleur Anderson]

The need for more funding is understood, which is why I was glad that more money was delivered to Northern Ireland in last week’s Budget. It was good news for Northern Ireland. The Budget delivered a record £18.2 billion for the Northern Ireland Executive for 2025-26—the largest settlement in real terms in the history of devolution. That includes a £1.5 billion top-up through Barnett consequentials for 2025-26: £1.2 billion for day-to-day spending and £270 million for capital investment. What will be done with that money? It is for the Executive to set a budget for all Northern Ireland Departments and for the Department of Justice to allocate funding to the PSNI. How that funding is used is an operational matter for the PSNI and the Chief Constable.

The PSNI estate—police stations—was raised by the hon. Member for North Down. The allocation of that money and questions of whether police stations are open or not are entirely operational matters for the Chief Constable, who is accountable to the Northern Ireland Policing Board.

Paramilitarism has been mentioned. The effort to tackle paramilitarism is led by the Northern Ireland Executive’s “Tackling Paramilitary Activity, Criminality and Organised Crime” programme, which was established after the “Fresh Start” agreement. The programme is working to tackle the presence of paramilitaries through evidence-based early interventions, targeted law enforcement measures and initiatives that provide direct support to help build safer communities who are resilient to paramilitarism. The UK Government provide 50% of the funding—£8 million a year—for the cross-Executive programme for tackling paramilitary activity and organised crime. As was announced in the spending review, that has been secured through to March 2026.

One strand of this work is the Paramilitary Crime Task Force, the PCTF, which is a multi-agency taskforce including officers from the PSNI, the National Crime Agency and His Majesty’s Revenue and Customs. Over the period from April 2023 to March 2024, the PCTF made 107 disruptions and 83 arrests, charged and reported 115 people and conducted 175 searches. The PCTF seized drugs with a street value of more than £1.3 million and illicit tobacco with a street value of more than £2.8 million, along with 41 firearms and weapons, of which eight were explosive devices.

The Executive programme for tackling paramilitary activity and organised crime has provided PSNI with £5.6 million in 2023-24, and the same for 2024-25. PSNI police numbers have been raised several times—rightly so. A well-staffed and resourced PSNI is vital to the success and stability of Northern Ireland. I am aware that the PSNI restarted recruitment earlier this year, and that the Chief Constable has been speaking to the Department of Justice to discuss funding to allow that to continue. Recruitment and retention are absolutely vital to delivering effective policing. Policing in Northern Ireland, apart from national security, is a devolved matter, and police numbers are a matter for the Department of Justice and the Chief Constable. As of 1 October 2024, PSNI has 6,303 full-time officers. I am aware that the Chief Constable aims to lift officer numbers to 7,000 within three years. That will be challenging, but I understand that he is speaking to the Department of Justice about it and we will continue to support him.

The hon. Member for North Down will be aware of the Executive’s draft programme for government, which was published in September. I note the programme’s recognition that PSNI officer numbers are low, and welcome the Executive’s commitment to grow police officer numbers to 7,500 in line with New Decade, New Approach. As I have said, last week’s Budget delivered the largest settlement in real terms in the history of devolution, including that £1.5 billion top-up through the Barnett consequentials. The money is not ringfenced, and the Northern Ireland Department of Finance will work with Executive Departments to allocate it based on budget pressures.

I welcome the fact that the data breach was raised by the right hon. Member for Belfast East (Gavin Robinson). In response to the August 2023 PSNI data breach, the PSNI worked closely with the Department of Justice in Northern Ireland to fully understand the cost implications of its response to the very serious incident. The UK Government granted an initial, non-repayable reserve claim of £15 million after the data breach. That was communicated to the Department of Finance and intended to assist in addressing the challenges to the PSNI budget caused by the data breach. In February 2024, however, the Department of Finance confirmed that the funding was not required and PSNI costs could be absorbed within the NI budget. No additional funding was required from the UK Government, but we continue to work together in ways like that to ensure that policing can continue.

Oral Answers to Questions

Jim Shannon Excerpts

Wednesday 23rd October 2024 Commons Chamber

The Secretary of State was asked—

[Jim Shannon (Strangford) (DUP)]

1. Whether he has had discussions with the Northern Ireland Executive on recent trends in energy costs in Northern Ireland.

[The Parliamentary Under-Secretary of State for Northern Ireland (Fleur Anderson)]

Although energy costs have come down, they remain too high. Our priority is to ensure access to energy is affordable and secure for consumers. That is why this Government have established Great British Energy, which will operate across the whole UK, including Northern Ireland. The Department for Energy Security and Net Zero and the Northern Ireland Department for the Economy are working together positively on the GB Energy Bill.

[Jim Shannon]

It is a pleasure to see the Minister in her place and I wish her well; we have been friends for some time. She will be aware of Northern Ireland’s unique energy profile: we are more heavily dependent and reliant on oil than other nations in the United Kingdom, with some 68% of people in Northern Ireland using oil. Was that taken into consideration when the Government determined to cut the winter fuel allowance? What discussions were had with the Northern Ireland Executive in relation to doing so?

[Fleur Anderson]

I am aware that two thirds of Northern Ireland’s homes use oil. The decision to means test winter fuel payments was not a decision the Government wished to make, but a result of the Conservative’s £22 billion black hole. In Northern Ireland, the Executive have decided that winter fuel payments will continue to be paid to households where someone receives pension credit. I have checked the figures; in Northern Ireland it is estimated that over 26,000 people could be eligible for pension credit and the winter fuel payment but are not receiving them. I encourage anyone who is eligible, or knows someone who could be, to check and apply if they can.

Northern Ireland Veterans Commissioner

Jim Shannon Excerpts

Tuesday 15th October 2024 Westminster Hall

[Robin Swann (South Antrim) (UUP)]

I beg to move,

That this House has considered the role of the Northern Ireland Veterans Commissioner.

It is a pleasure to serve under your chairmanship, Mr Dowd, in this Westminster Hall debate—the first that I am sponsoring. I want to take this time to cover a number of points, the first being how these things came about and the need for them, the second being the current situation and why I have secured this debate, and the third being recommendations to the Minister as to how the office should be delivered to benefit our veteran community in Northern Ireland.

The New Decade, New Approach document, co- authored by the British and Irish Governments in January 2020, saw the restoration of the Northern Ireland Assembly after a three-year period in which it had failed to meet or establish an Executive. Under annexe A, which covered the UK Government’s commitments to Northern Ireland, there was a section entitled “Our commitments to veterans”, which contained four points. The first was:

“Introduce UK-wide legislation to further incorporate the Armed Forces Covenant into law and support full implementation of the Armed Forces Covenant.”

The second was:

“Appoint a Northern Ireland Veterans' Commissioner to act as an independent point of contact to support and enhance outcomes for veterans in Northern Ireland.”

[Jim Shannon (Strangford) (DUP)]

I commend the hon. Gentleman on his first Westminster Hall debate. It is clear that we have much to thank Danny Kinahan for; he is a man of integrity and a veteran himself, and his footsteps will be difficult to follow. One of the overarching themes from discussions with veterans as individuals and in groups has been the vital need for a replacement and that the replacement is themselves a victim. We do not desire a civil servant with experience of holding a pen, when only those who have experienced holding a weapon and wearing a uniform can know how we feel and what we need. Does the hon. Gentleman agree that that must be the case?

[Robin Swann]

To clarify, the hon. Gentleman means a veteran—that is the point that has been made very vocally by the veterans community.

The third point in the annexe was:

“Initiate a review of the Aftercare Service in Northern Ireland (ACS) which will consider whether the remit of the ACS should be widened to cover all HM Forces veterans living in Northern Ireland with service-related injuries and conditions.”

The fourth was:

“Ensure that the work of the War Memorials Trust who protect and conserve war memorials across the UK is better promoted and understood in Northern Ireland.”

In August 2020, the then Secretary of State, Brandon Lewis, announced that the former Ulster Unionist MP Danny Kinahan had been appointed as Northern Ireland’s first Veterans Commissioner. In the spirit of transparency, it should be noted that Mr Kinahan was my party’s previous MP in the seat that I now represent. His appointment was welcomed across the board. The then leader of the DUP, now Baroness Foster, said his appointment was a

“positive and long overdue step toward ensuring the needs of Northern Ireland’s large and vibrant demographic of armed forces veterans are practically understood and addressed”.

She added that

“he brings a wealth of experience to the role and I know he will be keen to embrace the huge in-tray that awaits”.

Northern Ireland City Deals

Jim Shannon Excerpts

Wednesday 9th October 2024 Commons Chamber

[Hilary Benn]

I think we are going to have to wait for the Chancellor’s announcement on 30 October, but as I have already told the House, other partners are involved in those deals. Of course, I welcome the Executive’s announcement yesterday that they will proceed with the funding of elements of those deals out of the money that they have.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for his statement. With your indulgence, Mr Speaker, would the Secretary of State extend our collective thanks to the emergency services and local people for their response to the Strangford college bus crash on Monday past in my constituency? It is a miracle that no one was killed, and we thank God for that.

There have been headlines over the last few weeks about potential pauses of funding for city deals in parts of Northern Ireland, some of which cover areas of my constituency. Can the Secretary of State clarify that in the future action will be taken to ensure that funding that is offered will be delivered, and that devolved nations will not suffer as a result of central funding shortfalls here?

[Hilary Benn]

With your permission, Mr Speaker, I echo what the hon. Gentleman said about that bus crash. I must say that, when I first read the report, I was very fearful—I think we all were—about what might have been the consequences. I think the response of the emergency services was terrific, and I wish all those who were injured the very best for the future. I understand that the school is providing support, because it must have been and is still a very traumatic experience for the students who were on the bus.

In answer to the hon. Gentleman’s second point, we would all like to live in a world of certainty on a whole load of things. Being in government is about having to deal with the bits where certainty is not quite as certain as the hon. Gentleman may have hoped.

Patrick Finucane Murder

Jim Shannon Excerpts

Wednesday 11th September 2024 Commons Chamber

[Hilary Benn]

As I have already indicated, I will seek to establish the inquiry as quickly as possible. How long it will take is ultimately in the hands of the judge when he or she is appointed.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for his statement. As he understands, the Democratic Unionist party stood against the legacy legislation, in the interests of pursuing justice for victims. What he says today will give hope to families such as those affected by Kingsmill. I had an Adjournment debate on the Kingsmill massacre in the last Session. On 5 January 1976—48 years ago—10 innocent men who just happened to be Protestants were murdered with weapons that were linked to 40 other serious Republican terrorist crimes over a 15-year period. Information has indicated that the perpetrators were helped by the Garda Síochán. Clearly some of the Garda Síochán had IRA sympathies. It could be said that by their very position, they were agents of the state of the Republic of Ireland. Will the families of those 10 innocent Protestant men be granted the same path to justice as the Finucane family? If no inquiry is granted on Kingsmill, it will be perceived—and indeed will be proven by the Secretary of State himself—that a two-tier system of justice for victims has been clearly enshrined by this Government. How disappointing, how disgusting, and how angry that makes me.

[Hilary Benn]

I am sorry to have disappointed the hon. Member. As I indicated, having met the one survivor of the Kingsmill massacre, I have some appreciation of just what an appalling and brutal event that was, at a time of many appalling and brutal murders. There has been an inquest, which concluded recently. As I recall, it held the Provisional IRA responsible for that murder. I am sure that the families want to proceed further, and one of the options open to them is to go to the independent commission, but at the risk of repeating myself, I need to point out that I came to my conclusion because the Finucane case is exceptional, for the reasons that I have tried to explain.

Oral Answers to Questions

Jim Shannon Excerpts

Wednesday 24th July 2024 Commons Chamber

[Sorcha Eastwood (Lagan Valley) (Alliance)]

3. Whether he has had discussions with the Chancellor of the Exchequer on a revised financial formula for Northern Ireland.

[Jim Shannon (Strangford) (DUP)]

9. If he will have discussions with the Chancellor of the Exchequer on reforming the Barnett formula for Northern Ireland.

[The Secretary of State for Northern Ireland (Hilary Benn)]

The interim fiscal framework agreed earlier this year introduced a needs-based funding formula set at 124% of spending per head in England, based on the advice of the Northern Ireland Fiscal Council, and we are committed to taking forward these discussions with the Executive.

[Hilary Benn]

The Northern Ireland Fiscal Council was set up to help to answer the question about what the need is in Northern Ireland. It came up with a range of between 121% and 127%, and opted for 124% in the middle. The fact that that was in the interim fiscal framework that the previous Government negotiated is welcome, and was welcomed by the Finance Minister in Northern Ireland. We are committed to taking those discussions forward, and I understand that the Finance Minister in the Executive has already met the new Chief Secretary to the Treasury.

[Jim Shannon]

May I, too, welcome the Secretary of State to his place and wish him well in the role that he now plays? The Chancellor has indicated that there will be a 5% increase in wages for health workers and those in the education sector, but unfortunately, given the current Barnett consequentials for Northern Ireland, that will not mean 5% for those workers in Northern Ireland. Will the Secretary of State urgently look at that issue to ensure that health and education workers in Northern Ireland deserve the same increase in their wages as those on the mainland do because, quite clearly, I am here for them?

[Hilary Benn]

As the hon. Gentleman will be well aware, decisions about pay in Northern Ireland are a matter for the Executive. Any additional spending in England will apply through the Barnett consequentials to Northern Ireland in the normal way.

Kingsmill Massacre Inquest

Jim Shannon Excerpts

Thursday 2nd May 2024 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

First of all, may I thank Mr Speaker and the Table Office for allowing and facilitating this debate? It is with sadness, but also with determination and commitment, that I bring this matter to the House. I have spoken to the Minister of State, who I am pleased to see in his place; I gave him my speech beforehand and told him some of the things that I am asking for. With that purpose, we try to move forward to address these issues.

The debate refers to an event that took place 48 years ago. The reason it has taken so long is that the inquest happened only about two or three weeks ago. Although I asked for an urgent question on the Monday after that, I am very pleased to have this Adjournment debate.

This date is perhaps a poignant one because we understand that the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 has come into effect, which should mean the end of the probing of legacy issues. However, I am aware that the Police Ombudsman for Northern Ireland has said that her remit is to continue investigating former police officers for a further year. I am not sure why that remit continues, because people seeking truth and justice, including about Kingsmill and in other avenues, have been told that the date is passing. That is one of the questions that I have asked the Minister, and perhaps he could respond to it later.

It would appear that the vilification of the Royal Ulster Constabulary is to continue, with funding available, and I find that difficult to understand. My party—and, I believe, all Opposition parties—opposed the 2023 Act in its entirety, including on state bodies. My view was that the Government were seeking to cease any Police Ombudsman cases. I am afraid that that question must be answered, because there is an anomaly and a discrepancy there. Those who loved ones at Kingsmill and elsewhere must have their questions answered.

The Kingsmill massacre lives in the annals of history, along with the Darkley gospel hall attack, as the pinnacle of evil intention. There is absolutely no doubt about that in my mind or the minds of people outside this Chamber who are watching the debate. I want to give some details about what took place, because I think that they will illustrate the evilness of man.

The massacre took place on 5 January 1976, just after 5.30 pm. A red Ford Transit minibus was carrying textile workers home from their work along the rural road to Bessbrook. As the bus cleared the rise of a hill, it was stopped by a man in combat uniform standing on the road and flashing a torch. The workers assumed they were being stopped and searched by the British Army. As the bus stopped, eleven gunmen in combat uniform and with blackened faces emerged from the hedges. A man with a pronounced English accent—perhaps that put the bus driver at ease—began talking. He ordered the workers to get out of the bus and to line up facing it with their hands on the roof. He then asked, “Who is the Catholic in the bus?” Fearing that the gunmen were loyalists who had come to kill their Catholic colleague, his workmates tried to stop him from identifying himself. However, when Hughes stepped forward the gunman told him: “Get down the road and don’t look back.” The lead gunman then said, “Right,” and the others immediately opened fire on the workers. The eleven men were shot—[Interruption.]

[The Minister of State, Northern Ireland Office (Mr Steve Baker)]

I am extremely grateful to the hon. Gentleman for reminding us of just how wicked those events were, and for the passion with which he represents his constituents on these issues. I am clear that those were not the actions of soldiers in a war; they were the dishonourable crimes of cowardly terrorists. It is a matter of great regret that they have not expressed contrition or remorse, and that they did not confess to those crimes and suffer the justice that they were owed.

[Jim Shannon]

I thank the Minister for that intervention.

The eleven men were shot at very close range with automatic rifles, which included Armalites. It is clear that 10 men were murdered because they were Protestants —that is what it was about. [Interruption.] A total of 136 rounds were fired in less than a minute. The men were shot at waist height and fell to the ground. Some fell on top of each other, either dead or wounded. When the initial burst of gunfire stopped, the gunmen reloaded their weapons. The order was given to “Finish them off”—in other words, no survivors—and another burst of gunfire was fired into the heaped bodies of the workmen. One of the gunmen also walked among the dying men and shot each of them in the head with a pistol as they lay on the ground. Such horror; such barbarity; such evil.

Ten of the men died at the scene; I will name those 10, if I can. They were John Bryans, 46 years of age; Robert Chambers, 19 years of age; Reginald Chapman, 25 years of age; Walter Chapman, 23 years of age; Robert Freeburn, 50 years of age; Joseph Lemmon, 46 years of age; John McConville, 20 years of age; James McWhirter, 58 years of age; Robert Walker, 46 years of age; and Kenneth Worton, 24 years of age. Alan Black, who was only 32 at the time, was the only one who survived. He had been shot 18 times, and one of the bullets had grazed his head. He said:

“I didn’t even flinch because I knew if I moved there would be another one”—

only that time, it would not have grazed his head, but would have killed him. After carrying out the shooting, the gunmen calmly walked away. Shortly after, a married couple came upon the scene of the killings and began praying beside the victims.

Those are the undisputed facts of the case. However, what the inquiry has found is what was first suggested by the Historical Enquiries Team investigation in 2011: that although the IRA was supposedly on ceasefire at the time, it was in fact the Provisional IRA that carried out the atrocity. The coroner said in his findings:

“The attack was carried out by the IRA operating under the authority of the Army Council which had, in April 1975, given wide authorisation to IRA units”.

It was sanctioned at the highest level by IRA terrorist scumbags.

However, the coroner failed to name the three known IRA terrorist individuals who carried out the killings, who are now deceased themselves. He should have done so; it was common knowledge, but for the purposes of the coroner’s report, they should have been named. I think it is important that that is put on record: he failed to name and shame at least three known individuals, now themselves deceased. Those names were available in various media outlets, including the BBC.

Eleven automatic weapons were used to kill those 10 Protestant workmen. Those weapons were linked to 40 other serious republican terrorist crimes over a 15-year period, including the murder of two paratroopers in 1974 and the killing of Chief Superintendent Harry Breen and Superintendent Bob Buchanan in 1989. The coroner’s report further found that the organisation of the attack was planned well in advance in the Republic of Ireland. I have spoken to the Minister of State, and he knows that I am going to ask about this: the excuse within the findings, that the gardaí were not asked for information that they held at the time, is completely untenable. It further makes a mockery of the current legal proceedings and the Government’s legacy legislation that this clear evidence of the gardaí’s unwillingness to help with investigations, then and now, is so blatant. What police organisation would say, “You didn’t ask us for the information, so therefore we’ll not give it to you”? Police organisations—in this case, the Garda Síochána— should have worked alongside the Royal Ulster Constabulary and ensured that all the evidence they had was made available, but it clearly was not. There are questions to ask in relation to that.

The other thing that concerns me greatly—this is the second part of the questions that the Kingsmill families are asking—is that the coroner refused to disclose information contained in secret files provided to him by the security forces in closed hearings. The three people who carried out the attack had on-the-run certificates given to them so that they could get away with their past crimes. It grieves me greatly to have to record the heartache and pain that those families feel because some of those people have got off. Why and how could that be the case?

There is another point I want to raise with the Minister, and it is really important to do so simply because there are just so many questions to be asked. The findings omit any discourse on the perpetrators, when it was said in south Armagh at the time that the dogs on the street knew who had carried out this atrocity—the Kingsmill massacre—with the murder of 10 innocent Protestant people. Indeed, it is widely held that the perpetrators carry on-the-run letters. Some elected Members have publicly joked—I can think of one in particular who joked with loaves of Kingsmill bread on the anniversary. The families do not laugh: they carry the pain. Some of the families wonder why the investigation of this massacre has received nothing like the results of other investigations that have resulted in prosecutions.

I make the point to the Minister of State, whom I spoke to beforehand: why is it that this was planned in the Republic of Ireland and was carried out from the jurisdiction of the Republic of Ireland, and those people were able to cross the border with impunity and then the Garda Síochána did not seem to do anything about it. The Minister of State will know my own personal case, and indeed everyone in this House probably knows it. My cousin Kenneth was murdered by the IRA as well—

[Mr Deputy Speaker (Mr Nigel Evans)]

Order. If the hon. Member wishes to take the time to compose himself, I am quite happy to wait for him to do so. There is no pressure on him whatsoever. I know how emotional this is for him, and indeed for the House, so I am quite happy for him to compose himself.

[Jim Shannon]

Thank you, Mr Deputy Speaker.

My cousin Kenneth Smyth was murdered by the IRA on 10 December 1971. I use that as a comparison because it is true, and the three people who killed him escaped across the border, in the same way as the IRA men—11 of them—who killed the 10 Protestants at Kingsmill. There is a question to be answered, and there is a debt of justice. I am a believer, as you know, Mr Deputy Speaker, and I believe that people in the next world will have their justice, and we will have justice. However, I would like to see justice happening for the families in this world, and that is what I wish to see. On behalf of the Kingsmill families, I want the answer to the question: why was the Garda Síochána not forthcoming? On the murders of the two police constables, about which my party has certainly asked questions in the past, we want justice for them as well.

I have heard the cries for a public inquest, and it is very clear from what people are saying that they want to see that. I think it is right—very right—that the request should be forthcoming, yet it appears that the Northern Ireland Troubles (Legacy and Reconciliation) Act will halt this. However, as I indicated at the start of this all-too-brief contribution, the police ombudsman has highlighted that her role has been permitted to carry on for a further year, so why are the Kingsmill massacre families precluded?

A response to the coroner’s report, which I am going to quote in its entirety, states:

“It is for the reasons outlined above that Alan”,

who is the survivor,

“the Kingsmills families and”

others

“have called on the Secretary of State”—

in this case, it is the Minister of State who is answering on his behalf—

“to announce a full, independent Public Inquiry into the Kingsmills Massacre. We would like to have the support of our public representatives”.

I believe that the coroner’s finding has reaffirmed that call.

It is what we have all known for years, and there are many people in the Province who seek justice. Our family seeks justice, and the Kingsmill massacre families seek justice. There has to be a day of reckoning, and I would certainly like to see that day of reckoning happening in this world. The coroner’s finding reaffirmed what we have all known for many years, but that is all, and the families are asking for more. I ask this of the Minister of State, with great gentleness but firmness—he will not mind my doing so—and in a way that I hope underlines that the Kingsmill massacre families deserve more. I very humbly ask today for that inquiry and for that justice, with a public inquiry and with those questions answered for them. Thank you very much.

[The Minister of State, Northern Ireland Office (Mr Steve Baker)]

I am glad to respond to today’s debate on a subject that is as ever, as we have seen, very painful and difficult. The Government recognise that, as my hon. Friend the Member for Strangford (Jim Shannon) has shown, the victims are people who feel. They are people who grieve and as my hon. Friend—he is my hon. Friend—has vividly illustrated, the scars run deep and the pain that people suffer, even today, is very great and vivid. We certainly recognise that. People want facts and they want justice. I am extremely grateful to my hon. Friend for giving people voice today. He has done it with great skill, authenticity and passion. It is worth saying if he will allow me—I hope he will forgive me —that he is a strong and courageous man. I know that, and I myself feel that I reflect some of the passion that he does, even though I can never quite feel it.

I lived through the troubles as a boy, and as a young Royal Air Force officer in the ‘90s. Since I was on fast jets I was never posted to Northern Ireland, but I did have to check under my car every time I got in it in the ‘90s. People were shot dead—people who perhaps looked like me because we had short hair and looked military. I have not suffered losses as my hon. Friend has, and any of us who have any reason to consider the troubles and what they meant, must in great humility acknowledge the suffering of those who lost those they loved. Indeed, we have to acknowledge the contribution of those who served to defend us from great evils, about which he has elaborated.

I hope that today I will be able to answer my hon. Friend’s questions, and I am extremely grateful for advance sight of his remarks. I believe I will be able to satisfy him in at least some regard, and if I am not able to, I will be glad to meet him and discuss matters further. I come first to the findings of the inquest. The Kingsmill murders, in which the Provisional IRA shot dead 10 Protestant workmen and left one severely injured, is an appalling example of the pain and suffering inflicted on civilians during the troubles. We must never forget that it was the civilian population who suffered most in terms of lives lost from that period of violence, with close to 1,900 people killed. The victims and families of Kingsmill, including the sole survivor of the attack, Mr Alan Black, have fought for many decades to get information and accountability from those responsible.

The coroner for the inquest delivered clear and detailed findings, including: that Kingsmill was a horrific and overtly sectarian atrocity committed by the IRA under the authority of the Army Council, and the attack had absolutely no justification; that the attack had been planned well in advance, and an attack of such scale required a significant amount of planning; that the attack occurred in the aftermath of, and ostensibly as a response to the Reavey and O’Dowd murders, but the reality is that it had been planned long before they took place.

The coroner also said that the rumours concerning the involvement of Captain Robert Nairac in the Kingsmill attack are entirely false, and I would like to quote from the Judicial Communications Office:

“The Coroner was entirely satisfied that Captain Nairac had no role whatsoever in the Kingsmill atrocity. He said:

‘Captain Robert Nairac was a highly decorated soldier, and his memory is ill-served by those who persist in rumour mongering concerning his involvement in Kingsmill. Moreover, the false accusation serves to distract from the proper attribution of responsibility for those who carried out the attack. Rumours concerning the involvement of Captain Robert Nairac in the Kingsmill attack are entirely false.’”

The coroner also said that the attack was, at least in part, planned in Ireland. The border between Northern Ireland and Ireland was “exploited by terrorists” and allowed for

“planning, training, organisation, weapons storage and retreat at a safe physical and legal distance from the authorities that would be faced with investigating terrorist acts in Northern Ireland”.

Despite these findings I acknowledge, with regret, that there will be some unanswered questions for the families. That is unfortunately often the case in what are complex, sensitive, and decades-old troubles-related cases. One key reason why such questions remain unanswered in this case is what the coroner described as

“the absence of any disclosure or evidence from those who caused the deaths”.

The coroner said that the inquest

“did not receive disclosure from any individual concerned in the attack, nor their organisation, nor their political representatives.”

In fact, numerous calls to assist the inquest were met with silence. As a result, despite the savagery of the attack, the coroner found that there has been

“no acknowledgement by the IRA of the utter wrongness of the atrocity, its impact on those bereaved or the damage caused to the entire community”.

As we look forward to an amazing period of opportunity for Northern Ireland ahead of us, with the Executive restored and performing extremely well, there is a great role to be played as we move towards reconciliation by people who have the opportunity to express contrition and remorse. It is extremely difficult to forgive someone who claims that their actions were necessary and that they were soldiers in a war. They were not; they committed acts of terrorism, as this incident clearly illustrates. I encourage everyone involved to express contrition and remorse, to seek forgiveness and to help Northern Ireland to move on. That is in everyone’s interests, whatever their view on the constitutional question.

The hon. Gentleman asked me about the Police Ombudsman for Northern Ireland and letters of comfort. To address his point about the ombudsman’s work, I will provide clarification on what investigative bodies can still deliver. Section 38 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 specifically prohibits the commencement or continuation of any troubles-related criminal investigation from 1 May 2024, apart from those that will be conducted by the Independent Commission for Reconciliation and Information Recovery. That remains the case for all investigative bodies, including the Police Ombudsman for Northern Ireland.

In the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Commencement No. 2 and Transitional Provisions) Regulations 2024, which we laid yesterday, we included a transitional provision to clarify that in cases where an investigation had been completed prior to yesterday, 1 May, and only final administrative tasks remained outstanding, which may include activities such as report writing, family engagement or publication, they may be retained and completed by their original owner, but no further investigative work may now be done, except by the ICRIR in relation to troubles-era offences, and that includes the ombudsman. The transitional provision applies to any body that had such outstanding final administrative tasks on 1 May 2024, including Operation Kenova, the Police Service of Northern Ireland and the Police Ombudsman for Northern Ireland.

[Jim Shannon]

The issue for the families is that they are aware that the Garda Síochána had information pertinent to this atrocity—this massacre—of 10 innocents. The question that they are asking and that I am asking as a Member of Parliament, which I hope the Minister of State can respond to, is about evidence not available before that is available now. It could have a determining impact on decisions. I know I also asked on behalf of the families for a public inquiry, but if all the information and evidence that should have been available, but was not, is available now, it could put a different stain or paint a different colour on what happened. It could lead to those who were responsible being held accountable.

[Mr Baker]

I believe I will be able to cover all those points that the hon. Gentleman has raised as I go through my remarks. I hope you will not mind my saying, Mr Deputy Speaker, that we are not short of time. It is worth, for the hon. Gentleman and those watching, my giving a proper answer. I hope to do that, and I will certainly take further interventions from him as we go on.

In relation to alleged on-the-run letters in the hands of perpetrators, the then Secretary of State for Northern Ireland, my right hon. Friend the Member for Chipping Barnet (Theresa Villiers) set out the Government’s position on the on-the-runs scheme fully in her statement to the House of Commons on 9 September 2014. That followed detailed consideration of the report by Lady Justice Hallett, which was published in July 2014. In her statement, the then Secretary of State was clear that the on-the-runs scheme was at an end and there was no basis for any reliance on letters received by so-called on-the-runs under the scheme. During legislative passage of the legacy Act, the Government again confirmed that position. I do not know who did or did not receive on-the-run letters. I will come on to that matter in a moment, but it will now be an operational matter for the ICRIR to consider. It is not something on which I can elaborate further.

[Jim Shannon]

Will the Minister give way?

[Mr Baker]

I will, but I will talk about the ICRIR straight away.

[Jim Shannon]

If the responsibility falls on that body, is it in order to ask it to clarify the matter of the on-the-runs letters? That was clearly not done in the coroner’s report, but the families indicate clearly that it did have them.

[Mr Baker]

I would be grateful if families made reference to the ICRIR. Later, I shall publish a link to its website, which speaks about investigations. I have had a good look at the website in preparing for the debate—I will come on to that—and I will send that link to my hon. Friend, so that he can share it with people. Yes, people should certainly make a reference, and I hope that the ICRIR will feel able to satisfy them, but he will know that it is independent of Ministers, so that is not a matter for me, but for the commission.

I believe that Members of the House will share the Government’s disappointment that the inquest could not obtain the co-operation it desired from those implicated in, or with knowledge about, the atrocity, and who may have been able to provide additional information for the families involved. The Government have long recognised that truly effective information recovery requires the co-operation of the various different actors during the troubles. That is exactly why the new Independent Commission for Reconciliation and Information Recovery is supported by both a legislative requirement for full disclosure by the state, and by powers to compel witnesses to provide evidence. I am pleased that the ICRIR commenced its functions on 1 May, as expected.

Those powers mean that the independent commission will have the tools that it needs to obtain as much information as possible for individuals and families. In fact, the Northern Ireland High Court recently found that the disclosure powers held by the commission were not only compliant with the state’s international obligations, but could improve on current inquests mechanisms. Individuals suspected of holding information that might be pertinent to a review by the commission will now be required to co-operate with the commission or risk a significant sanction. Refusal to comply with a notice of disclosure by the commission is subject to a penalty notice of up to £5,000.

I turn to remarks by Peter Sheridan, the commissioner for investigations. In an article released by PA Media titled, “Chances of prosecutions from new legacy body ‘vanishingly small’”, Mr Sheridan said:

“I have heard across the board about how justice stops on the first of May. Actually, if people read the information, the opposite is true. I, as the commissioner for investigations, have the ability to do criminal justice-style investigations and report to the prosecution service either in England and Wales or here in Northern Ireland where we find evidence available.”

He further said:

“I want to be absolutely honest with victims and survivors on what is a vanishingly small possibility around criminal justice prosecutions. Not that there isn’t still hope, there could be evidence available that is enough to prosecute.

But he also explained:

“If you take Kenova, £40 million, eight years work and no prosecutions. So we have to be honest with people of what’s achievable about cases that are 20, 30, 40, 50 years old.”

That is the situation we face, and that is why we have instituted the commission. It will have the opportunity to engage in culpability investigations.

My hon. Friend and the families are keen for people to be named. Culpability investigations are described on the website. I understand my hon. Friend’s concern regarding the naming of individuals. It is important to note that there should be consideration of many issues, and judgments made, including about the safety of life. Such considerations will remain relevant as the process moves forward.

The ICRIR will seek to establish all the circumstances of the death or other harmful conduct, using its full range of statutory powers, including the ability to compel witnesses. The commission will, at the conclusion of its review, write a final report. It will make findings, on the balance of probabilities, on issues such as who and what was to blame; importantly, it will answer specific questions asked by families, where that is possible. However, the content of reports is an operational matter for the ICRIR. It is independent of Ministers, as is right and proper. I am confident that many people out there would not believe Ministers, so it is important that the ICRIR is independent. I encourage people to look at the website, and I will tweet the link later. I hope that the hon. Gentleman will feel able to share it with families.

Turning to the Irish Government, one of the coroner’s other key findings—the exploitation of the border in the planning, execution or aftermath of criminal activity, not just in this case but throughout the entirety of the troubles—is well established, as the hon. Gentleman indicated. As he will know well, there are many troubles-related cases in which criminal activity is suspected to have taken place across jurisdictions. For individuals and families who are the victims of such cases, effective information recovery will require the provision of information by the Irish authorities.

One such case is the Omagh bombing. The UK Government continue to press the Irish Government to co-operate fully with the inquiry on that, and, if necessary, to establish similar processes in Ireland, to facilitate the full provision of answers for the families affected. I repeat that invitation to the Irish Government today. They are very welcome to establish processes for co-operation with the commission, to the end that the hon. Gentleman mentioned. Where they have information that could help with information discovery and reconciliation, I encourage them to work with the commission.

To date, the Irish Government have declined to commit to co-operating with the commission to facilitate the provision of information to families who request it. The recent Northern Ireland High Court judgment found the commission to be operationally independent from Government and capable of conducting reviews in accordance with the state’s obligations under articles 2 and 3 of the European convention on human rights. We hope that that will lead to further engagement by the Irish Government with the commission. The approach taken by the Irish Government to co-operating with the Kingsmill inquest—the coroner expressed gratitude for the co-operation of the Irish authorities—should act as a useful template for future co-operation with both the Omagh bombing inquiry and the ICRIR.

I would like to put on record that the relationship between the UK Government and the Irish Government is, today, one of robust friendship. We are friends and partners, not rivals or opponents. We are going forward together in a spirit of constructive co-operation on a wide range of matters. I am proud to have played some part in making that possible. This would be a great time for our two nations to co-operate in detail on issues of the past, to help lay to rest various suspicions or expose wrongdoing, and so make progress.

--- Later in debate ---

[Jim Shannon]

I thank the Minister for that positive outlook. I brought this Adjournment debate on behalf of the families who lost 10 loved ones, and the survivor Alan Black. Could the Minister’s answer and the correspondence be conveyed to the Taoiseach down south and the necessary Minister there, with the message that we seek justice for the Kingsmill massacre families, to ensure that after 48 years, their case is answered?

[Mr Baker]

I would be astonished if the Irish Government were not following this debate live. We have friends in the embassy of Ireland and in the Government of Ireland whom we respect, and with whom we wish to continue to develop a friendship and co-operation. The relationship between the UK and Ireland is fundamental. For too long, we failed to look west, but we should have done. As is often said, one of the problems we face is that the Irish never forget the history, and the English never remember. We need to make the effort to remember, and to go forward as friends in a spirit of co-operation. It is precisely because we respect Ireland and its status as an independent nation making its own choices that we can really only plead, encourage and invite it to join us in working with the ICRIR.

The hon. Gentleman made the case on why An Garda Síochána was not forthcoming. I will just say that that will have been heard by the Irish Government, and I think he makes a powerful case for further co-operation. The Garda will have records that may assist in answering the kinds of questions that he raises. It is in their interests to defend their excellent reputation. In the interests of defending themselves, the records should be shared. I certainly wish to offer no criticism.

In closing, I express my sincere hope that the conclusion of the long-running Kingsmill inquest will bring some form of comfort to the families affected. Where questions remain, I urge the families seeking answers to make use of the powers of the new commission. The ICRIR is led by Sir Declan Morgan KC and staffed by dedicated individuals experienced in working on legacy and reconciliation issues, and the Government have full confidence in its ability to deliver for victims and survivors, including those affected by the awful, appalling and unjustifiable actions of the IRA at Kingsmill in January 1976.

Question put and agreed to.