Identity and Language (Northern Ireland) Bill [Lords]

Jim Shannon Excerpts

Wednesday 26th October 2022 Commons Chamber

There are no amendments tabled to clause 7. We have tabled no amendments to clause 8, but, again, we will observe some of the points that others will make. Additionally, we have tabled new clause 1, which would oblige public authorities to comply with obligations accepted by the United Kingdom under the Council of Europe’s charter for regional or minority languages. It relates to a recommendation in the NIHRC’s Bill of Rights advice to the Secretary of State in 2008.

[Jim Shannon (Strangford) (DUP)]

It is always a pleasure to speak, but it is even more of a pleasure to be called to speak second in this debate. I am very honoured. I will speak to amendments 1 to 5. Members of my party have tabled some 23 amendments, which show the quantity of our concerns and the quantity of ways in which the Bill does not set the scene for those of my Unionist community. I have been contacted by many of my constituents in Strangford, and indeed by some people who do not have an MP who will take their place to do their job. As a member of the public said to me, “Why would Sinn Féin need to take their seats at Westminster when Members of this House and”—I say this with respect—“on certain occasions, members of the Government are intent on doing their work for them?” What an accusation to those on the Government Front Bench, whose party we have supported on many occasions, and to the Minister of State, Northern Ireland Office, with whom I have friendship but who has not grasped this issue for us, despite what we said the last time around.

[Colum Eastwood (Foyle) (SDLP)]

I congratulate the hon. Member on being called to speak early in the debate. Does he accept that it is not just Sinn Féin that cares about the Irish language or the protection of minority languages and cultures?

[Jim Shannon]

I accept that. The hon. Member for Belfast South (Claire Hanna) explained very well where her party stands on this issue. I will speak from my Ulster Scots point of view and from the Unionism that I represent in this House and in the constituency of Strangford.

The fact is that a large proportion of people in Northern Ireland feel that this Bill is nothing more than a sop to Sinn Féin, and that the losers will not be simply the Unionist population, whose culture and heritage will be in second place legislatively; people will lose financially, because the money for this could be used to pay for an additional midwife on shift to assist the safe delivery of babies, an extra surgeon to perform a cataract operation, or an extra classroom assistant to help a special needs child to achieve their potential.

[Sammy Wilson (East Antrim) (DUP)]

The Bill does not reflect the terms agreed in New Decade, New Approach—in fact, it goes well beyond them. The Sinn Féin hand in the Northern Ireland Office is all over this. The NIO’s default position is always to give Sinn Féin what Sinn Féin cannot get in negotiations. It is unfortunate that when Ministers are appointed to the NIO, they seem to accept that default position, so that the NIO seems to be an extension of the Department of Foreign Affairs in the Republic of Ireland and a voice for Sinn Féin.

[Jim Shannon]

I thank my right hon. Friend for his intervention. I believe that he is absolutely right.

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

Will the hon. Gentleman give way?

[Jim Shannon]

In a wee second. First let me say that we have real concerns about what is proposed in the Bill. We have had discussions with the Minister of State and the Conservative party, so they can understand our angst and—perhaps—anger. If the Minister has not understood that, by the end of this debate he will clearly understand it.

[Mr Baker]

I have clearly understood. The hon. Member for Strangford (Jim Shannon) and the right hon. Member for East Antrim (Sammy Wilson) are two of my best friends in this place, and to hear them speak as they just have is personally very painful. I want to reassure them and say on a slightly lighter note that while they accuse us of being a wing of Sinn Féin, Sinn Féin is perfectly content to tell me that we pander too much to the Democratic Unionist party—

[Mr Baker]

I am grateful to the hon. Gentleman. I suspect that, at the moment, what the Government are doing is about right, given that we appear to be offending all quarters. When I make my speech, I will answer the hon. Member for Strangford as best I can.

[Jim Shannon]

Thank you.

[Claire Hanna]

Just to clarify, I do not know how much the hon. Gentlemen are in touch with the voting public, but believe me, between the two of them, they are driving voters into the arms of Sinn Féin. Sinn Féin Members hardly need to turn up for the debate with all the platforming the hon. Gentlemen are giving them.

[Jim Shannon]

I am happy to platform Unionism and more than happy to voice the Unionist opinion, which comes clearly to me from my constituents in Strangford. At the end of the day, we will hear the Minister respond and probably be disappointed—we know what he is likely to say. However, I hope he will listen intently to what we have to say. We are looking for parity under the Bill, and we do not see that.

[Gavin Robinson (Belfast East) (DUP)]

My hon. Friend will set out our aspirations in the amendments we have tabled. Those amendments are about getting back to what was agreed in New Decade, New Approach. On Second Reading, we heard time and again that the Bill was all about honourably introducing what was agreed in New Decade, New Approach. It is not. The three model Bills published at that time differ fundamentally from what we have before us this afternoon. Despite the bonhomie and friendly assurances, the Government have an opportunity to embrace amendments that take us back to what was agreed in New Decade, New Approach. Will my hon. Friend encourage the Government to embrace what was agreed and to not set aside what was agreed for the sake of political expediency and at the behest of others?

[Jim Shannon]

I will make that point very clearly. My hon. Friend is right. That is our plea to the Minister. He and I entered this House together in 2010. We were good friends from the very beginning and we still are, but in the spirit of our good friendship, I suggest that we need some understanding of our point of view, and we are not convinced we have that at the moment.

[Simon Hoare (North Dorset) (Con)]

May I say very politely to the hon. Gentleman that I have had conversations with the Minister of State about the Bill. My hon. Friend understands the Bill and the issues completely; I share his understanding and think the Bill is fine as it is. Does the hon. Gentleman agree with me—my hunch is that he will not—that often when people say that somebody does not understand, what they mean is that that person does not agree with them, and until that person does so, they will continue to allege that that person does not understand?

[Jim Shannon]

The hon. Gentleman has a point of view that it will not surprise him and many others to hear I disagree with. When we say the Minister may not understand, we mean that we feel that he has not grasped as we have what the Bill will mean to those of an Ulster Scots persuasion, like me. It is not that we are anti-Irish language. What we want is parity and equality in the Bill. Perhaps the Chair of the Northern Ireland Affairs Committee will appreciate that.

The drive to put a political weaponised language Bill before other needs during this cost of living crisis sends the message to people throughout Ards and North Down—96% of whom have no knowledge of Irish and 12% of whom have Ulster Scots knowledge—that they do not have parity and their needs are not paramount. That is the issue. The Government must carefully consider the messaging, because at the moment it is simply wrong, and if it is wrong, it has to be righted. The Bill is set to go forward regardless of timing, so I will speak to the changes to the Bill that are imperative if it is even to come close to being accepted by the people of the Province.

We all agree that the two commissioners—the Ulster British commissioner and the Irish language commissioner—should be of equal value to their respective communities, and that to secure that goal they should have different functions. Not only have we agreed this; we have insisted on it. In arguing that different commissioners should have different functions, with the objective of their being of equal value to their communities, it is plainly essential that the enforcement powers of both in respect of their different functions should be equally robust in engaging that which they also have in common—exactly the same group of public bodies. There are around 70 of them and the idea is that they follow guidance issued by the two commissioners with respect to their different briefs.

There is a serious problem though. The Bill before us today places a statutory duty on those 70 public bodies to have regard to what the Irish Language commissioner says, but places no such obligation on them to have regard to what the Ulster Scots commissioner says. What is the point of a commissioner whom public bodies can ignore? That is the straight question I put to the Minister of State. In the context of a cost of living crisis, can the Government justify spending money on creating an Ulster Scots commissioner whose representations public bodies can ignore? Why would anyone want the job of a commissioner whom all the public bodies could ignore if they so wish?



What conclusions might people from that community draw about how the Government view the importance, or lack thereof, of the community that the Ulster British commissioner is supposed to serve? They would know that they were less than second class, whereas if they had been denied a commissioner altogether, at least everyone would know that they were being discriminated against, and they would not have to suffer the indignity of being made to look as if they were being treated as equal to the other community, when everybody knows that they are not. Today, the Ulster Scots community is not.

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[Jim Shannon]

This of course is not about friendships; it is about actions and about what is right. What is not right in this Bill is that the Ulster Scots commissioner has not been given parity with the Irish language commissioner, and the issue for us is to have parity. If it is going to be right, let us have it right in every sense of the word. This is not about friendships, or about being bosom buddies again; it is about getting it right.

[Simon Hoare]

The hon. Gentleman misconstrues what I am saying. My support for the Bill is not based upon the fact that the Minister is an hon. Friend in party political terms. I heard the hon. Gentleman say that the Minister does not understand the Bill and that the Government, whom I am proud to support, seem hellbent on appeasing people who are in a politically different place from him. He suggested that the Minister was kowtowing, if one will, to a Sinn Féin agenda.

I have suffered some unfair and untrue brickbats from hon. Members over the time I have chaired the Committee. I say politely to the hon. Member for Strangford that it has to stop. This is New Decade, New Approach, and the Government are trying to move things forward with fairness and equity, respect and support for all of those whom the Government recognise as citizens of the United Kingdom. That is the central mission. That is what underpins New Decade, New Approach. That is the bedrock of the Bill. It has my wholehearted support.

--- Later in debate ---

[Carla Lockhart]

I will not retract what I have said. It is absolutely correct: you stood shoulder to shoulder during the time when the Executive were pulled down by Sinn Féin at the behest of its demands. The same political activists will adopt the same approach should they not be appeased again. Like many others, there is little faith in the Northern Ireland Office's ability to withstand such demands. That is a road to further instability and division in our Province.

Intertwined with this issue is the role of the First Minister and the Deputy First Minister, and in that context we have tabled amendments 26, 27 and 28. These amendments underline the importance of political accountability and consensual ministerial agreement in the exercise of the functions of the headline offices and bodies established by the Bill. The two commissioners and the director of the Office of Identity and Cultural Expression will ultimately be appointed by the First and Deputy First Ministers. Compliance with guidance or directions mutually agreed by those Ministers must therefore be a defining feature of their operation. We would point out that the wording “must comply” is drawn word for word from the three draft Bills published in the aftermath of “New Decade, New Approach”. The existing drafting in this Bill reneges on that provision, emphasising the power to direct rather than the duty to comply.

There is an urgent need to place consensus working and cross-community protections at the heart of our politics. That is the key to the parity of esteem that all parties claim to value and cherish. As I have said before, it is ignored in the Bill, and the Government have the opportunity to address that.

Amendment 1 and amendments 2 to 5 address the duty to have regard to Ulster Scots guidance, and the current imbalance in the enforceability and robustness of the functions of the commissioner for the Ulster British Ulster Scots tradition in comparison with those specified in the Bill empowering the Irish language commissioner. The amendments, if accepted, would extend the grounds on which a complaint can be brought to the commissioner for the Ulster Scots and Ulster British tradition to cover the conduct of public authorities in relation to all the guidance that they issue. Importantly, it would deliver parity of esteem by applying a due-regard duty for advice and guidance to the Ulster British Ulster Scots commissioner comparable with that which applies to the Irish language commissioner. The Bill, as currently drafted, creates an office for Ulster British Ulster Scots in which the commissioner can be ignored. With no binding duty or incentive for public bodies to adhere to recommendations from the commissioner, the likely impact of such a commissioner is seriously restricted. To the Unionist community, such a toothless tiger is not acceptable. We will not be bought off with the image of a commissioner with the substance of a ghost.

It is window dressing to expand the scope of the Ulster Scots commissioner to arts and literature but not to include guidance issued in those areas as eligible for the purposes of complaints. Limiting the scope to language is not fair or balanced. It has always been recognised that in order for the Unionist community to be afforded a commissioner who is of equal value to it as the Irish language commissioner is to the nationalist community, it must have a broader focus than language, because the development of bilingual service provision in Ulster Scots has never been a priority for Unionists. If adding arts and literature to the scope of the commissioner was deemed necessary by the Government to offset the risk of the added value for Irish language trumping Ulster Scots, it follows that the parameters of the complaint’s mechanism should also be extended.

Amendments 21 and 22 seek to right a failure in the Bill as drafted relating to the Castlereagh Foundation. The amendments tabled by my party colleagues in the other place would have required the Secretary of State to take action and establish the foundation. The eventual provisions to be enacted are ambiguous and provide an escape clause for the Government to farm out the function to an outside body without a clear explanation.

Throughout my comments, I have cited instances in which there is a departure from NDNA, and we see this once again in relation to the Castlereagh Foundation. The NDNA obligation on the Government to fund the foundation is precisely that: an obligation on the Government. We do not believe it would be appropriate to vest this power on the Office of Identity and Cultural Expression irrespective of whether it is deemed an operationally independent branch. Moreover, the change ushered in by the Lords does not go far enough in respect of funding and establishment. It is not appropriate for clause 8 to rest as merely a permissive power which the Secretary of State may or may not use.

Let me now deal with our amendments relating to cost to the public purse. Amendments 31 to 35—again, in the names of my colleagues and me—address the fact that there is currently no mechanism in the Bill to ensure transparency and accountability with regard to public spending on each of the bodies and officers established. It would be wholly wrong for one office to run at a disproportionate cost to the other in fulfilling its duties. The existence of such a mechanism is therefore vital to ensuring parity of esteem between the various traditions.

An indicative £9 million is stipulated in the explanatory notes in relation to the establishment and operation of the two commissioners and the Office of Identity and Cultural Expression. However, there is no equivalent assessment of the likely financial implications for public authorities of having to give due regard to Irish language best practice standards and respond to advice on Ulster Scots. This is alarming: it is alarming for councils, who are looking at double-digit rate rises on hard-pressed householders; it is alarming for housing associations and our Housing Executive, who have record waiting lists and a homelessness epidemic to address; and it is alarming for our health trusts, who face unprecedented pressures.

[Jim Shannon]

I rise to reinforce what my hon. Friend says about councils. Newry, Mourne and Down District Council enforced Irish language signage in Saintfield town against the wishes of the people there. That is an example of pushing something that local people do not want.

[Carla Lockhart]

At a significant cost, no doubt, to the ratepayer.

Ultimately, in the delivery of visible and frontline public services, the measure will mean substantive added cost. The new Prime Minister has been elected on his handling of the public finances; let us have some management of public money in this Bill.

The last amendment I will address is amendment 29. This amendment would revise and expand the functions of the commissioner for the Ulster Scots and Ulster British tradition. The commissioner would be responsible for developing the language, culture and heritage associated with the tradition, reflecting the body of established work and existing human rights law. It is clear that all of the 70-plus public authorities engaged by the legislation provide services using a language and that the bilingual objective of an Irish language commissioner is such that they could all logically receive guidance from the Irish language commissioner. By contrast, the fact that there is no objective or duty for the 70-plus public authorities to operate bilingually using the Ulster Scots language means that the comparative engagement by the Ulster Scots Ulster British tradition commissioner will be far less. The addition of “arts and literature” is likely only to result in a slight increase in guidance for Ulster Scots. Thus a fundamental inequality remains. In this context, the case for widening the scope of the Ulster Scots Ulster British tradition commissioner to “heritage and culture” is very strong. Such a function is more likely to cut across the 70-plus bodies and have a more substantive impact for the Unionist community.

Colleagues have addressed other amendments and I am sure some will be picked up in the winding-up remarks. I urge the Government and the Minister to take heed of our desire to make this Bill better by making it consistent with NDNA, and consistent with the principles that lie at the heart of our political process around cross-community consent. I ask the Minister to seize the opportunity and to support our amendments.

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[Peter Kyle (Hove) (Lab)]

I congratulate the Minister of State, Northern Ireland Office, the hon. Member for Wycombe (Mr Baker), on retaining his position on the Front Bench. I am sure that he had an anxious few days waiting by the phone. I also congratulate his boss, the Secretary of State, who I know is engaged elsewhere on business related to Northern Ireland.

As I start my comments, I am very conscious of the opening remarks of the right hon. Member for Lagan Valley (Sir Jeffrey M. Donaldson) about the sensitivity of the issues that we are discussing here today. I am very aware of the sensitivities relating to identity and language in Northern Ireland. As I have said numerous times, I regret that I am standing at the Dispatch Box speaking to these comments. I wish that all these issues had been resolved within the Assembly. I hope that the follow-up from this—let us be honest, the Bill will pass—is that that can be redressed and that any wash-up that needs to come will be dealt with locally.

For reasons that I will come on to, I do not want to take up too much time of this debate. Northern Ireland voices need to be heard, and I am glad that so many have been heard so far. Our view is that the Bill broadly keeps with the identity and language commitments made in the New Decade, New Approach agreement. Language and identity issues have clearly always played a part in the peace process, and this Bill is a welcome development in creating an unambiguous framework for them.

It is important to remember that the Bill is an amalgamation of three draft Bills. These separate Bills were published alongside the New Decade, New Approach agreement. They were supposed to go through the Northern Ireland Assembly where I am sure that, with scrutiny, they could have been improved on and developed. Again, it is with regret that we are dealing with the legislation in this place, but the Government are right to uphold their commitment to take the legislation through Westminster when Stormont is unwilling or unable to do so. Nevertheless, it does present a challenge for how we approach the amendments today. We are conscious of not straying too far from the deal that was struck some years ago between the then Secretary of State, the political parties in Northern Ireland and the Irish Government.

Moreover, there was a very short period of time between the stages of the Bill in this House. As a result, there have been fewer opportunities for the Opposition to engage with important stakeholders. Some of the groups that I have spoken to feel frustrated that they have not been consulted to the degree that they would have wished. I had a constructive meeting with representatives from the Ulster-Scots Agency yesterday, but I would not want the Committee to misconstrue having a meeting as an endorsement from them. I fear that others may have done so, and I do not want to fall into the same trap. They have misgivings about the Bill and I have committed to meet them again afterwards to understand their concerns and to see how they can be addressed. As I said to them yesterday, I understand that this is most likely to happen from a position of this Bill having passed through Parliament. I would like to explore with them how the issues they are raising can be addressed, and I hope the Minister will similarly agree.

May I remind the Committee that the agency was set up by the Belfast/Good Friday agreement? I hope the Minister will keep engaging with it as much as possible. I have also met with Conradh na Gaeilge—

[Jim Shannon]

Before the hon. Gentleman moves off Ulster-Scots, I understand and respect him for his meetings with all the organisations that he should meet, but when he met the Ulster-Scots Agency it put forward a point of view on this legislation, asking for the same thing we are asking for. How does he see this legislation addressing the concerns of the Ulster Scots, when it is here to make those changes?

[Peter Kyle]

I am grateful to the hon. Gentleman for his intervention and for the comments he made earlier, which I learned a great deal from. I see this going forward via the Northern Ireland Assembly taking it forward in Northern Ireland. That is how it must happen. I am happy, from the Opposition perspective and as the aspiring Secretary of State for Northern Ireland, to start engaging and keep the engagement going, but I am aware that the best place to resolve these issues is within Northern Ireland itself. I hope we can create the circumstances and the Government will redouble their efforts to deliver on the commitments made to all parties in Northern Ireland, which so far have been elusive.

I also met yesterday with Conradh na Gaeilge, which has suggested parts of the Bill it believes could be strengthened regarding the Irish language commissioner. Taking this Bill through in one piece in this place, instead of in three separate Bills in Northern Ireland, has let those groups down. I am grateful for all the help those organisations have given—their expertise is invaluable. I also note that the Government Minister in the other place stated that he saw this legislation as being open to updates in Stormont once the Assembly has returned.

Our Opposition amendments 15 to 17 are probing amendments, and I hope the Minister will engage with them in good spirit. The amendments are simple and would expand the definition of public authority within the Bill to include the Northern Ireland Office and the Northern Ireland Human Rights Commission. There were amendments accepted in the other place to address concerns that had cropped up since New Decade, New Approach. For example, the addition of the Castlereagh Foundation was not part of the draft legislation, but keeps within the wider agreement.

It is with that approach in mind that we have tabled our amendments today. The Bill currently excludes the Northern Ireland Office and the Northern Ireland Human Rights Commission from being subject to the proposed statutory provisions. As these bodies have a base in Northern Ireland and focus solely on Northern Ireland, it does not seem logical that they are not included. It seems to be accepted that both bodies will have a substantial role to play once the legislation is established. Considering the Northern Ireland Office is taking such an active approach with this Bill, I do not think it is unreasonable for it to have regard to the principles in it.

When these matters were discussed in the other place, the Minister conceded this point when he said:

“Of course, given the close interest of the Northern Ireland Office in the New Decade, New Approach commitments on which the Bill delivers, I would still expect consideration to be given to the national and cultural identity principles set out in the first part of the Bill, and the guidance issued by the respective commissioners. I would expect much the same with the Northern Ireland Human Rights Commission.”—[Official Report, House of Lords, 6 July 2022; Vol. 823, c. 1020.]

For the benefit of our friends and hard-working members of Hansard, that was said in House of Lords Hansard, Volume 823, debated on Wednesday 6 July.

I do not believe that the uncertainty between what is expected and what is legislated is necessary. That is something the Northern Ireland Human Rights Commission itself has made a compelling argument for amending. Its detailed briefing on the Bill stated:

“While it is reasonable to expect that such public authorities will act in good faith and comply with the Bill to the best of their ability, if they are not supported to do so it is likely that their actions will be significantly limited”

It recommended that the interpretation of public authority be amended to reflect section 6 of the Human Rights Act 1998, which goes far beyond what our amendments suggest.

There is also the example of how Welsh language legislation works in this regard, which the Government could learn from. I am very curious to hear whether the Government’s views on amendments 15 to 17 have developed.

Turning to other amendments under consideration, we are supportive of amendments 6 and 7, which received support from all parties when they were discussed in the other place. We share the concerns about qualifying cultural expression on the basis of the sensitivities of others. Human rights groups have pointed out that it is not clear how that should be interpreted in practice. Without further definition, the concept of the sensitivities of others is subjective. We are concerned that it could restrict free expression purely on the basis of the prejudice and intolerance of others to such expression. When I put that to the Minister on Second Reading, he stated that,

“the approach we are taking is consistent with the draft legislation published alongside NDNA; it really is for OICE to implement this in practice.”—[Official Report, 12 October 2022; Vol. 720, c. 198.]

We understand why the Government do not want to stray too far from what was previously agreed, but that puts the new Office of Identity and Cultural Expression in a very difficult position as it will have to work out immediately what “sensitivities” mean in practice.

To take a step back, the Bill has been praised for trying to depoliticise language and cultural issues in Northern Ireland. In my opinion, the amendments would improve the Bill in that regard as there would be no further debate on the meaning of “sensitivities”. Using a human rights basis would provide much more certainty about the limits of cultural expression.

Finally, we are sympathetic to amendment 1. It would oblige public authorities to give due regard to the commissioner for the Ulster Scots and Ulster British tradition. When I met the Ulster-Scots Agency, it felt very strongly about that. The agency helpfully pointed me to the relevant passage of New Decade, New Approach, which says:

“The functions of the Commissioner will be to…provide advice and guidance to public authorities, including where relevant on the effect and implementation, so far…affecting Ulster Scots”.

The Northern Ireland Human Rights Commission has said:

“For the Commissioner’s advisory function to be meaningful, public authorities must be required to have regard to that advice.”

For that reason, we support amendment 1.

Northern Ireland Residents: British Passports

Jim Shannon Excerpts

Tuesday 18th October 2022 Westminster Hall

[Mr Gregory Campbell (East Londonderry) (DUP)]

I beg to move,

That this House has considered British passport ownership by Northern Ireland residents.

I am thankful that this debate has been called and placed on the Order Paper today. I am also glad to see the Minister in his place.

The issue that I wish to raise unites people of all backgrounds, traditions and preferences in Northern Ireland in terms of their nationality, whether they describe themselves as British, Irish or Northern Irish. Here in the House of Commons, the Northern Ireland Affairs Committee has looked at the issue on several occasions and, again, there has been unity, with hon. Members from the DUP, SDLP, Alliance, the Conservative party and the Labour party all agreeing on the issue. It is uncontroversial with everyone except, it would seem, the Home Office. The issue was first raised by me back in 2005 via a private Member’s Bill, which had insufficient parliamentary time and therefore did not proceed. So, what is the issue?

Our Government and, indeed, successive Governments have accepted that people in Northern Ireland can describe themselves and be accepted as British, which is what they are under the United Kingdom constitution, Irish, if they prefer to be known and regarded as Irish, or Northern Irish, if they wish to be so. Indeed, the census results released last month demonstrated that a vast majority of people describe themselves in a multitude of ways and a combination of those three ways. The position with passports is that residents in Northern Ireland, whatever their background or description, can apply for an Irish passport and there is no additional cost or form filling as a result of Irish Government action taken several years ago, which regards them as Irish if they so choose.

[Jim Shannon (Strangford) (DUP)]

I thank my hon. Friend and colleague for bringing that forward. He is right. My father, who is not with us anymore, was born across the border and yet grew up as British when he moved to Northern Ireland. Does my hon. Friend not agree that those who may be born a mile or two across the border, have lived in Northern Ireland all their lives and have happily paid their British tax with their British national insurance number are entitled to pay the same amount as anyone else under the same circumstances? It really is illogical. My hon. Friend has pursued the matter at some length and we look forward to the Minister giving a decent response to a matter that has been outstanding for a number of years.

[Mr Campbell]

My hon. Friend has hit the nail on the head in a succinct way, which I hope to elaborate on over the next few moments.

The Irish Government took action because they regard citizens on the island of Ireland as Irish citizens, if they choose to be so regarded. Unfortunately, our Government have not done the same. There are those who are resident in Northern Ireland, and have been for decades, who must be able to do the same for a British passport as those who choose to be Irish can do for an Irish passport, yet they are not permitted to do so. We have an open land border with more than 280 crossing points along its 300-mile length and we are all familiar with the issue in relation to the protocol, the EU and all those things. Over decades and for generations, communities and families have traversed this open border for business and socialising. For that reason and because of the common travel area, successive British Governments have indicated that they do not mind which nationality people prefer to have.

According to UK law, anyone born before 1949, when the Republic of Ireland left the Commonwealth, who wishes to become a British subject can do so, but anyone born after 1949 cannot. That means that if someone were born in the Republic in 1950 and the day after their birth moved to live in Northern Ireland, became a UK resident, grew up and became a UK taxpayer and UK voter—in one famous instance they sat in the British establishment of the House of Lords—they would still not be regarded as a British citizen, because they were born at the wrong time. People born a few miles across the border are disadvantaged in this way. They have to go through the same naturalisation process as people coming from the other end of the earth in order to be regarded as British citizens. This has obviously created angst and annoyance.

We now have a tale of two passports. One is a passport of the United Kingdom of Great Britain and Northern Ireland, which people like me cherish and will have for as long as we live, as will our children and grandchildren. The other is of the Irish Republic, which some people in Northern Ireland are forced to have because they cannot have the passport they associate with their sense of identity, allegiance, loyalty and belonging. They are British, but they are forced to have an Irish passport, because they of an accident of birth a mile on the wrong side of an open border.

Identity and Language (Northern Ireland) Bill [Lords]

Jim Shannon Excerpts

2nd reading
Wednesday 12th October 2022 Commons Chamber

[Chris Heaton-Harris]

When I was on a treadmill in the gym this morning and last night, I read the debates in Committee and on Report in the other place, and I will answer in exactly the same language. This package is exactly what was proposed in New Decade, New Approach, and we are sticking rigidly to that. As the right hon. Lady will know from those discussions, we are very proud of all the identities and languages across the four nations. The Minister of State, Northern Ireland Office, my hon. Friend the Member for Wycombe (Mr Baker) was very pleased to have that meeting yesterday, and I believe it went particularly well.

Last year we announced £2 million in funding for Northern Ireland Screen’s Ulster Scots and Irish language broadcasting funds to help deliver more high-quality Irish and Ulster Scots broadcasting in Northern Ireland. In May 2022, the Government officially recognised the Ulster Scots as a national minority under the Council of Europe’s framework convention for the protection of national minorities.

At the same time, under the section of New Decade, New Approach entitled “Addressing Northern Ireland’s unique circumstances,” we made £4 million available to the Irish Language Investment Fund to support capital projects associated with the Irish language.

[Jim Shannon (Strangford) (DUP)]

I thank the Secretary of State for moving Second Reading today. Does he understand that, when it comes to the Irish language, the focus is on the language, but Ulster Scots—I am very proud to be an Ulster Scot—is more than a language? It is the culture, the art, the poetry, the music and the words. It is more than just a language to the Ulster Scots. How will the Bill ensure that Ulster Scots has the central focus that the Irish language has, because it is bigger than just a language?

[Chris Heaton-Harris]

The former leader of the hon. Gentleman’s party, Dame Arlene Foster, recognised in January 2020 that this is a “fair and balanced” package that has been agreed by all parties. I completely understand the hon. Gentleman’s point, but I am delivering on the agreement, as the Government promised.

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

It is a real pleasure to speak in this debate. I am proud to be an Ulster Scots speaker. The hon. Member for Gordon (Richard Thomson) is no longer present, but he referred to instances of children in Scotland speaking Scots Gaelic—this probably happened in Northern Ireland with Ulster Scots as well—and how it would be beaten out of them. I went to Ballywalter Primary School—that was not yesterday, by the way; it was a long time ago, back in the ’60s—and certain things stick in the memory when we look back over the history and the years. This is one of those things. Mr Whisker was the principal of the school, and he asked us some questions and we had to fill in the answers. I went home and spoke to my granny Hamilton, who came from Clady, outside Strabane in County Tyrone. I asked her, as you do when you are six or seven years old, “Granny, what are the answers to these things?” She filled them in, in Ulster Scots, because that is how we spoke at that time, and I took them into school the next day. Mr Whisker is now dead and gone, and I never speak ill of anyone, but he marked it and said, “This isn’t English.” I said, “This is Ulster Scots, Mr Whisker”, and he said, “That is not how we do it in this school.” It is the way things were in those days, and this is not a criticism, but I got a clip around the ear, which I took home to my granny or my mum and reappraised the situation. As the hon. Member for Gordon said, the Ulster Scots that I had as a child in Ballywalter in the 1960s was beaten out of me in every way.

I gave my oath in Ulster Scots a few weeks ago, and there is nothing quite like expressing yourself in that beautiful language. I am pleased that the hon. Member for Bolton North East (Mark Logan) also gave his oath in Ulster Scots. I have given mine in Ulster Scots on four occasions—2015, 2017, 2019 and four weeks ago. I am very pleased to do that, because it is who I am. I am an Ulster Scot, and I am proud to be an Ulster Scot. That is not a political statement; it is who I am. That is how I see language, and it is contained in every proposal I make on Ulster Scots.

The right hon. Member for Skipton and Ripon (Julian Smith) is not present, but he said he was scunnered—that is the word he used. Well, scunnered means fed up. I hope he is not fed up, but the word in Ulster Scots is glaidsome or blithe. I am glaidsome or blithe, but I am certainly not scunnered when it comes to speaking Ulster Scots. The hon. Member for Belfast South (Claire Hanna) is also not scunnered in speaking the Irish language, as she did very well. She made an excellent speech, as did others.

I researched the census online, and the number of Ulster Scots speakers has gone up by 50,000 in 10 years—from 140,000 to 190,000. That is 10.4% of the population. I am not saying anything else, but it is a fact that the number of Irish language speakers was up by 1.7%, whereas we were up by a significant number.

I am an advocate for Ulster Scots, and I encourage schools such as Portavogie Primary School and Derryboy Primary School outside Saintfield to teach it. I love to delve into the poetry and history of the language, and the hon. Member for Gordon referred to the arts. It is the poetry, the stories and the flow of the language that I love.

I am for Ulster Scots, but I am not for this Bill unless changes are made. The Minister of State, Northern Ireland Office, the hon. Member for Wycombe (Mr Baker) knows that I have the highest respect for him. We came into this place together, and we hung about together on our first day. We got our photograph taken on the steps in Westminster Hall, and we had a good chance to talk and engage. I understand that he does what his heart tells him to do. That is the sort of person he is. I hope he will take on board our constructive points as we try to move forward.

The Ulster Scots language and culture is alive in my constituency of Ards and Strangford. I sat on Ards Borough Council a long time ago, having first been elected in 1985. I am not saying I am better than anyone else, because I am not, but along with others I was instrumental in bringing Ulster Scots names to many villages, with the agreement of the people. Greyabbey is Greba, Ballywalter is Whitkirk, Ballyhalbert is Talbotstoun, and Portavogie is St Andrews. Those names were added because people wanted it to happen. It is about moving forward in a constructive, positive way that brings people with us. I would love that to be our central focus.

When I was at Ards Borough Council, which is now Ards and North Down Borough Council, we had a sign saying “Fáilte to the Ards”, which means “Welcome to the Ards”. Those names and welcome signs, introduced way back in the 1990s and 2000s, are a simple expression of our language. Philip Robinson—or Robeinson, as we call him in Ulster Scots—lives on Hard Breid Raa in Greba. He speaks Ulster Scots with a fluency and flow, from a love of the language. He has written a number of books, which we are pleased to see. I make this point because it is important to do so. I have talked about what we did in the villages of Ballywalter and others along the Ards peninsula. I say gently to Newry, Mourne and Down District Council that political signs were put up in Irish in streets in Saintfield in my constituency when the people of those streets did not want them. The point I am making is: you have to bring people along with you. You don’t try to put this down their throats in a way that has the adverse and reverse effect. We have to engage with local communities and do this right.

It was always understood that the Irish language commissioner and the commissioner for Ulster Scots and Ulster British tradition would not have the same functions. That was in order to meet the different priorities and needs of the Unionist and nationalist communities, so that each would be provided with a commissioner that was equally meaningful for the respective purposes. It is self-evident that in order for the functions of the Ulster Scots and the Ulster British commissioner, although different, to be of equal value to those of the Irish language commissioner, the functions must be equally robust and enforceable as those pertaining to the Irish language commissioner in order to provide something of equal value to the Unionist community. I want to make it clear that I want to see a language Bill that comes through here that respects other traditions and other languages. The hon. Member for Arfon (Hywel Williams) spoke just before me—I hope I pronounced his constituency correctly—and we have seen the success he has had there; what they have done in Wales is incredible, and it has come about with the co-operation of the people. We need to do this with the co-operation of the people. It is really important that that happens in order to provide something of equal value to the Unionist community.

We are therefore deeply concerned that although the Bill requires a public authority to have regard to the Irish language commissioner no such obligation exists in relation to the Ulster Scots and Ulster British commissioner. I hope that the Minister will take that point on board, and try to understand where we are coming from, what we are trying to say and why it is important to get this right—I say that to him gently. That is what all my colleagues on our Benches are trying to say, including my hon. Friends the Members for Belfast East (Gavin Robinson), for Upper Bann (Carla Lockhart) and for South Antrim (Paul Girvan), whom we are to hear from soon. They will all say this over and again.

This arrangement transparently violates the parity of esteem principle by giving the Unionist community something of less value. What sort of Bill brings in something that is of less value for the community that I represent? It is Ulster Scots, but some have different cultures as well and feel that this must be equal. In what other country would this blatant bias be not only accepted, but enforced? This is what happened through the House of Lords and it is where we are with this Bill today. I could mention certain countries, but Members would certainly not like the parallels. I also would not do that because I know that these are not the Government’s intentions. Little wonder we were shocked when in the Lords the Government sought to defend this violation of the principle of parity of esteem on the basis of three things. I will cite them and explain why, with respect, the Government need to get this sorted.

First, in the other place the Government suggested that this approach is required by New Decade, New Approach, but its text does not address the detail of enforcement with respect to either the Irish language commissioner or the Ulster Scots Ulster British commissioner. This does not make it wrong to provide an enforcement mechanism for the Irish language commissioner’s functions through a statutory duty to “have regard”. Indeed, one could argue that the requirement for this is implicit as it would be absurd—DUP Members believe this—to create commissioners and not to require the public authorities they engage with to have regard to them. However, in order to maintain parity of esteem, this provision must plainly also be applied equally to the Ulster Scots and Ulster British commissioner’s functions. It is very clear where we are.

Secondly, the Government Front Bencher in another place defended this arrangement by suggesting that, in addition to having different functions, it was appropriate for commissioners to have completely different powers in relation to these functions and that, for example, the bodies addressed by both commissioners should have a duty to have regard to only one of the commissioners, but not the other. I mean, really? Why has that not been understood by the Government? Specifically, as bodies that the commissioners address—to be clear, these are the only bodies that the commissioners address, as the Government confirmed on Report—public authorities are required to have regard to the Irish language commissioner but are not required to have regard to the Ulster Scots and Ulster British commissioner.

Secretary of State, that is a key issue, and that is where we are coming from. Such an arrangement is self-evidently indefensible and insulting to the community that I represent—the people of Ards and Strangford, and indeed those across the Ulster Scots-speaking community in all of Northern Ireland—as is the suggestion that the Unionist community could be bought off with just the image of a commissioner, while the nationalist community is afforded the reality of a commissioner. We have the image, but they have the reality. How can that be?

Thirdly, the Government suggested that we agreed to have two commissioners engaging public authorities, which would be required to have regard only to the Irish language commissioner and not the Ulster Scots and Ulster British commissioner, on the basis of the draft legislation produced around the time of the NDNA. That is, however, incorrect. We agreed to the text of the NDNA, but not the draft legislation before us today. They are two different things. I do not know how this could happen. How can we have these talks and agree something, and then something else comes forward? It is completely wrong for the Government to try to deploy a constitutional sleight of hand against us all by trying to spin something that was not in the agreement as if it was. Even if the Bill were as much a part of the agreement as the agreement itself, simply asserting the text of the Bill would only serve to highlight the difficulty, in the sense that the agreement text and the draft text of the Bill at present are different.

In the absence of any statutory obligation on public authorities to have regard to the Ulster Scots commissioner, and while such an obligation does exist in relation to the Irish language commissioner, although we may have the form of two similarly important commissioners, in reality we have one, and one only. As though that were not enough, while the Government have recognised that the two commissioners’ functions must be different in order to provide something that is supposedly of equal value to each community, the Bill treats Unionists as second-class citizens by giving them the right to complain to their commissioner about failures by public bodies relating to only part of their commissioner’s function, while giving nationalists the opportunity to complain to their commissioner across the full spectrum of his or her functions.

Equal treatment does not start with this kind of Bill. Again, the Minister in another place suggested that we agreed to this bizarre arrangement on the basis that, in addition to agreeing to NDNA, we had also agreed to draft legislation that gives the Ulster Scots commissioner less authority in their functions than that accorded the Irish language commissioner, when we had done no such thing. The Bill before the House today is unequal and certainly does not treat us fairly.

The Unionist community is not stupid. Let us be quite clear: we understand what we see before us, and we have expressed that in this Chamber. I cannot stress enough the critical importance of Government amendments to restore parity of esteem on both these points. If the Bill is not amended to address that—something that we, our party and I, and the Ulster-Scots Agency have called for consistently over the years—it will entrench discrimination, shouting the message loud and clear that, while the nationalist community should be afforded the reality of a commissioner to address their priorities, the Unionist community, to which those of us on the DUP Benches belong, must make do with just the image of a commissioner. We will be tabling amendments to correct these problems and will ask for an urgent meeting with the Minister between now and Committee to discuss the matter.

[Mr Steve Baker]

I would certainly be glad to meet the hon. Gentleman, and I am confident that he knows that I did write to offer meetings shortly after I took up my post.

[Jim Shannon]

I am not surprised that the Minister of State has replied so positively. Yes, I look forward to those meetings, and, obviously, my party will be more than happy to engage with them as well. All I say is just do these things before we get to the point that we are at right now. The Unionist people are tired of being treated as second-class citizens by a Government whom they respect and whom I respect as well. Can that respect not flow both ways? Apologies fly to the nationalists, and yet there is no apology for the massive mistake the Government made in the withdrawal agreement. People in my constituency of Strangford come back from work to a cold home, worried about how they will pay their rent or their mortgage as well as for the petrol to get them to work.

I have read the explanatory notes and estimated that the annual cost of the three new authorities will be some £9 million. In order to prevent these offices from being exploited for political purposes by one community—[Interruption.] I am coming to the end of my speech, Mr Speaker. Do you know what my constituents in Strangford want, Mr Speaker? They want the NHS sorted out. They want the waiting lists for cancer organised. They want to know when they are getting their cataract operations and when they are getting their dental treatment. They also want to know why, when they want to go to the dentist in Newtownards, they find that there are no dentists that will take on new customers. One of my constituents had to travel to Dundalk to get their teeth done. My constituents want to know why new builds in the education sector are not taking place. They want to know why the new building for Glastry College in my constituency will not be built when the £9 million would near enough build it. They want to know about the Ballynahinch bypass, which could be built for a lot less than that. I make these points because it is important to put down a marker. When it comes to spending money, my constituents want the money to be spent in a positive fashion.

[Scott Benton (Blackpool South) (Con)]

The hon. Gentleman makes a good argument, advocating the fact that his constituents want investment in public services rather than in costly translation services for a second language. He will have heard the Government talking over the past few weeks about a bonfire of the quangos. Have we not heard about that before? Does he not find it curious and quite surprising therefore that this Bill would create yet another quango in the case of the office of identity and cultural expression? Does he think that that is good use of public money at the present time?

[Jim Shannon]

I greatly respect the hon. Gentleman’s point of view and understand the reasons for it, but we hope to have a language Bill that respects our point of view. That is what we are about, but I thank him for his intervention.

[Sammy Wilson]

Does my hon. Friend accept that the hon. Gentleman has actually got it wrong? It is not one quango, but three quangos. There will be a commissioner for Irish language, a commissioner for Ulster Scots, and the office of identity and cultural expression. This will be a costly exercise.

[Jim Shannon]

I thank my right hon. Friend and colleague for his intervention. Yes, there is no doubt that there could be a number of bonfires, not just on 11 July, but at other times as well.

In conclusion, how do I look my constituents in the eye and say that all of this money is spent not to make a difference to the quality of their lives, not to make a brighter future for their children, but as a clear, blatant and horrifyingly expensive sop to a political agenda. I want to look them in the eye and know that I have done all that I can to bring the right legislation through this Bill at the right time and for the right reason. The promotion of culture and heritage is not a bad thing, but the politicisation of language and the use of it as a weapon must be prevented. In its current state, this Bill simply enables that politicisation and therefore requires urgent changes. I look forward to the Minister of State giving us that meeting so that we can make the changes that we all want to see for the people of Northern Ireland, and especially for the people that I represent.

[Mr Speaker]

I will now announce the result of the ballot held today for the election of the new Chair of the Foreign Affairs Committee. A total of 459 votes were cast, one of which was invalid. The counting went to three rounds. There were 441 active votes in the final round, excluding those ballot papers whose preferences had been exhausted. The quota to be reached therefore was 221 votes. The winner is Alicia Kearns elected with 241 votes. She will take up her post immediately and I congratulate her on her election. The results of the count under the alternative vote system will be made available as soon as possible in the Vote Office and published on the internet.

--- Later in debate ---

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

What a debate it has been. It has been really excellent—wide-ranging; at times hopeful and optimistic; at times reflective and reassuring; at times, it must be said, fearful and disappointed. But it is a great pleasure to have the opportunity to respond to such a debate on such a sensitive subject.

The Bill, as has been said, will implement the draft legislation associated with the New Decade, New Agreement deal, which all parties signed up to. I listened very carefully to the speeches and will return to them in a moment. I really share hon. Members’ hopes that these measures will be implemented in full by a future First Minister and Deputy First Minister, in a dynamic and timely manner, to help take Northern Ireland forward beyond these debates.

Yesterday I engaged with a range of language groups, which I found extremely helpful. I particularly want to thank Conradh na Gaeilge, Foras na Gaeilge, Linda Ervine of the Turas language programme—who has already been mentioned—Comhaltas Ceoltóirí Éireann, and the Ulster-Scots Agency.

Before I get into individual contributions, there have been some points of general agreement among all Members: the necessity of carrying forward the agreement that had been reached through NDNA, a lament that this House must pass this legislation and, of course, agreement on the extreme sensitivity of it. It would be remiss of me not to acknowledge that I, like the Secretary of State and everyone else in the House, share the great sense of loss and sorrow about the explosion in Creeslough. It is an absolute tragedy, and I put on the record the Government’s thanks to the Northern Ireland Fire & Rescue Service for all they did to help out.

As I hope to elaborate on, this is a conversation about the future, and the future that we are creating for ourselves. If the Front Benchers will allow me, I will begin by responding to what the hon. Member for Arfon (Hywel Williams) said, because like him, I approach this subject with a degree of trepidation and humility. I originally come from Cornwall. The Cornish language has been resuscitated since I left; I do not know any Cornish, but of course I do not have to pursue my Cornish roots, because my parents come from Hampshire. Nevertheless, I can see the great merits of people wishing to pursue their roots, and I know that today will be a great day of celebration for many people—I saw that in particular with Conradh na Gaeilge—because they love the language, its roots and where it takes them. That is a point that I will come back to.

The hon. Member for Arfon made the point that this has been liberating in Wales. As the hon. Member for Gower (Tonia Antoniazzi) said, he used the word “unremarkable.” He talked about depoliticisation, and that is my ambition. The hon. Member for South Antrim (Paul Girvan) mentioned Linda Ervine. I hope that she will not mind me saying that I was really moved by the efforts that the Turas language programme is making to teach Unionists Irish—Unionists who recognise that they do not have to go back too many generations to find that their ancestors, too, were speaking Irish. The hon. Gentleman acknowledged that, and I am grateful to him; that means so much. Look at the conversation we have had in the House—so much hurt; layers upon layers of hurt over decades. People have been insulted on both sides. I have listened to Ulster Scots saying that they have been demeaned, and Irish speakers saying that their language has been demeaned. This just cannot go on. We are the authors of our future.

I do not need to repeat the points that have been made about the weaponisation of language; I will just say that someone said to me yesterday, “We are building bridges; politicians are burning them behind us.” That should be a challenge to us all. Of course, the sorts of politicians who weaponise language as advancing nationalism have let the public down. All of us face the challenge of working out what future we are going to write, so I am grateful for the opportunity to begin my return to the Dispatch Box by agreeing with the Opposition Front Bench.

The hon. Member for Hove (Peter Kyle) asked me some specific questions, including about human rights and the connected classrooms programme. That programme is an important commitment, and officials continue to explore avenues of progress to deliver that commitment and facilitate the establishment of the programme. I hope to be in a position to update the House on progress shortly.

On the Castlereagh Foundation, I thank the former First Minister Arlene Foster, who chaired the advisory committee, and the rest of the committee. The advice was requested by the former Secretary of State for Northern Ireland, my right hon. Friend the Member for Great Yarmouth (Brandon Lewis), and the advisory committee was unable to support the progress of the UK Government commitment to Castlereagh at the time within the powers available to the Secretary of State. That led to the amendment of the legislation.

Turning to our general approach and human rights, the approach we are taking is consistent with the draft legislation published alongside NDNA; it really is for OICE to implement this in practice. Although the First Minister and Deputy First Minister may direct OICE, this matter would be transferred to it, and would be for it to take forward.

I thought my right hon. Friend the Member for Skipton and Ripon (Julian Smith) made an extremely well-informed speech. He picked up on the point about the Ulster-Scots Agency. We have received a number of representations about amendments, including from the Ulster-Scots Agency, and if I may, I will on this point turn to the request for amendments from DUP Members.

I have to say that we have listened to people request amendments to go further on the Irish language side, and the DUP has made very strong representations today. What the Government have tried to do, recognising that this really should have been taken through in the Assembly, is to stay absolutely faithful to the draft legislation. I am just slightly conscious that, if we do open the Bill up to amendments, we will hear many calls for reciprocity and a whole series of amendments one way or another.

[Jim Shannon]

Will the Minister give way?

[Mr Baker]

I will come to the hon. Gentleman, but I have to say that I hear what he says about the need for parity in powers. I absolutely look forward to meeting him and his colleagues, and going through in detail how they think there has been some shortcoming. It is vitally important that we carry people with us, because I think this could be a great moment for moving on and achieving what has been achieved in Wales—depoliticising language. I think that would be a very good thing, and I look forward to meeting him, but I will give way to him briefly if he wishes.

[Jim Shannon]

I thank the Minister of State for giving way. The thrust of our request to him—in a very kindly but also very firm manner—is about the fact that the Irish language commissioner has clout, but the Ulster Scots commissioner does not have that clout. It is a visual issue. I made the point earlier that for those who love the Irish language, it is the language that is the main thrust of what they are about, but for Ulster Scots it is about all the other things. It has the history, the art, the stories, the poetry and the music—pipe bands have been mentioned, for instance—and they are just some of those things. When it comes to the discussions we are going to have about those things, I hope we can have equality. Let us have a state of equality. I want to be as equal as anybody else. I do not want to be in George Orwell’s “Animal Farm”, where some people are more equal than others. Well, I am not, and neither is anyone else on these Benches.

[Mr Baker]

I am most grateful. On step-in powers, can I just say, as I said in an intervention, that the Government would not wish to intervene routinely in devolved matters? The use of the powers here and elsewhere in the Bill would require the most careful consideration. The Government’s decision to include these powers was not taken lightly, but progress must be made to ensure that political stasis in Northern Ireland does not further frustrate this legislation. As some of the people I met said to me, they have waited a very long time for this moment.

I do not wish to take up disproportionate time in this debate—I know Members have many matters to discuss with me in meetings subsequently, before we come to further stages—so I will conclude by saying that this has been an extremely good debate, and I am very grateful to all Members who have participated. If I could say one other thing it is this: let us please use this moment to have a new beginning for Northern Ireland on the issue of language—a new beginning that people from all parts of the communities can celebrate, and one that can help us all write a more positive future. I commend the Bill to the House.

Question put, That the Bill be now read a Second time.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Jim Shannon Excerpts

Committee stage
Monday 4th July 2022 Commons Chamber

[The Minister of State, Northern Ireland Office (Conor Burns)]

Thank you, Mr Evans; we trust that it will not be too long before that is upgraded to “Sir Nigel”.

It is good to be here for the second full day of consideration in Committee of the Northern Ireland Troubles (Legacy and Reconciliation) Bill. I am sure that the whole House is grateful to Members for how they dispatched the statement in what must be record time for a Prime Minister reporting on three international summits, to allow us extra time. I am particularly grateful for the pleasure that lies ahead.

I start by thanking the Committee for the tone of our engagement last week on controversial and emotional subjects; I hope that that tone will continue across the Committee this afternoon as our deliberations progress. I meant to say this properly last time, but I did not. Successive Governments have not engaged in this space, and I want to pay special tribute to my right hon. Friend the Secretary of State for grappling with these contentious and emotional issues over the last couple of years. This is a Government Bill, but it is very much his Bill—he has steered it through. I also pay tribute to those in the Northern Ireland Office who have supported the work of Bill as it has progressed beyond the publication of the Command Paper last July.

We commence today’s proceedings with part 3 of the Bill, which covers investigations, legal proceedings and the release of prisoners. Clause 33 prevents criminal investigations into any troubles-related offence from being initiated or continued on or after the day on which the clause enters into force. That prohibition does not apply to the independent commission for reconciliation and information recovery. The clause ensures that the commission becomes the sole body able and responsible for conducting criminal investigations into troubles-related deaths and serious injuries.

Future prosecutions will remain a possibility for those involved in offences connected to a death or serious injury if they do not actively come forward to seek immunity or do not co-operate sufficiently with the information recovery process. New criminal investigations or prosecutions for troubles-related offences not connected to a death or serious injury will no longer be possible.

The clause places a duty on the heads of each police force in the United Kingdom to notify the Secretary of State of any criminal investigations of troubles-related offences that their force is carrying out on the day before the clause comes into force, enabling the Secretary of State to identify cases that trigger an obligation under articles 2 or 3 of the European convention on human rights, and ensure that those are referred to the commission for review.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister of State for setting the scene. There is one thing that concerns me and, I believe, many DUP Members, but which has not been mentioned very much in any of our debates or discussions about the Bill: the collusion involving the Garda Síochána in relation to the murders of some police officers on the border. There was also collusion involving not just the Garda Síochána but high-level members of the civil service who turned a blind eye to those who carried out the murders across the border. Can the Minister of State reassure me and other hon. Members that there will be accountability in the process for those in the Garda Síochána who were involved in collusion in the murder of Royal Ulster Constabulary and police officers in Northern Ireland, and for those in high levels of the civil service who were also involved in collusion? My cousin was murdered by the IRA, and the people responsible went across the border and lived a safe life there. If that is not collusion, I would like to know what is.

[Conor Burns]

The hon. Gentleman speaks with great emotion and personal connection to these events. I extend again, from this Dispatch Box, my sympathy to him and to all those in Northern Ireland, in Ireland and across these islands who felt the impact of the brutality and evil of events perpetrated in the name of Irish republicanism, and indeed some in the name of loyalism.

The hon. Gentleman mentions matters relating to the Government of the Republic of Ireland. That Government, on behalf of the Irish state, freely entered into commitments that they would have a process for information to be brought forward for people so that we could find out what happened. I absolutely agree with the hon. Gentleman that the proposals in the Bill and the information recovery unit would absolutely be strengthened if the Government of the Republic of Ireland came forward with their own proposals, so that we could deal with the issues across the totality of these islands. I very much hope that the commitment that was undertaken will be delivered by the Irish Government in due course.

--- Later in debate ---

[Jim Shannon]

Just last week, it was reported in the Belfast Telegraph that victims’ campaigner Kenny Donaldson—he is well known to everyone in the House, including the Minister and Secretary of State—said that

“if immunity was granted in exchange for information, then terrorists would then be ‘emboldened to wax lyrical’ about their involvement in violence”.

In other words, they would change their whole process.

Unfortunately, what I do not see in this legislation is the victims. It seems that the perpetrators of those crimes are getting off scot-free. The victims are not. That being the case, this legislation does not take us forward in the way that it should. The Government should be bringing something forward that addresses all those issues, but I do not see that yet.

[Conor Burns]

The current mechanisms are not delivering in a timely way. Time is running out, and we believe that the processes established under the Bill will help to get information to people. Central to the proposal is the fact that the individual who comes to the body, or is contacted by the body, has an obligation to co-operate fully and to give full disclosure. If that disclosure is not deemed by the body to be full or honestly engaged, the body has the absolute right to withhold immunity and pass information to the prosecutorial services throughout the UK.

If hon. Members go back and look at how the body will be constructed—at the expertise of the people who will be on it, at the fact that it will be led by someone from a judicial background, at the police powers of investigation that it will have, and at the fact that this will be the most complete information ever provided to anybody looking at these events—they will see that the chances of somebody coming forward and, in a sense, hoodwinking the commission is vanishingly unlikely. If people do not co-operate—if they withhold information or are not complete in what they tell the body—it is within the body’s rights and obligations to withhold immunity.

--- Later in debate ---

[Sammy Wilson]

I really do not understand the logic. The Government must act to deal with the hurt that victims have been caused, not increase that hurt in the ways I have outlined in my speech so far by making it possible for those who have involved themselves in terrorist activity to walk away with no prosecution. They can lie and still walk away with no prosecution, or they can engage and walk away with no prosecution, and at the same time not even leave a civil remedy open to the victims. Furthermore, once those people have been granted immunity, the Government are allowing them to make money out of it—or worse, allowing them to encourage another generation to engage in the same activities by boasting about what they did, why they did it and the outcome: “And by the way, you can walk away at the end of this process. Here am, able to tell my story and encourage other people to think that I did a good thing, and here has been no impact on me at all.” That is why the amendment about the glorification of terrorism is so important.

There are people who never even lived through the troubles who now think that nothing wrong was done during the murder campaign. Why is that? Because they go to events where they are told, “What we did was the right thing. We are proud of it!” Furthermore, even play parks are named after those who engaged in that. The lesson for children is that the terrorist, sectarian campaign was totally legitimate.

[Jim Shannon]

My right hon. Friend is absolutely right. The prison officer who finally died as a result of the breakout from the Maze was one of my constituents. His wife still lives in my constituency, but his son is dead. The grief of such families has not in any way dissipated over those years. Yet prominent Sinn Féin MLAs and former IRA terrorists glorify those events as if they were part of a great “Roy of the Rovers” story. They were not: they involved the murder of innocent people, who gave their lives for this country. My right hon. Friend is absolutely right: the hurt, pain and soreness that my constituents in Strangford feel will last for all their lifetimes, until the day they die.

[Sammy Wilson]

The problem is that we do not know how many other Gerry Kellys are there, lurking in the background, who have not yet faced prosecution or got over the whole legal process, been sentenced and had sanctions imposed on them. Once that has happened, of course, he thinks he can go and boast about it, but there are probably a whole plethora of people within the ranks of terrorist organisations who currently fear that if they did that they would be opening themselves up to prosecution. Once they have been granted immunity, of course, they will be free to do so.

I hope that the Government will accept a number of the amendments that have been put forward. I hope that they will not allow a situation to develop in which, having been granted immunity, the terrorist can rub the victim’s face in the dirt by boasting about their actions.

I still have huge concern that the Bill has the seeds of an unbalanced narrative about the troubles. I listened to what the Minister said, but the truth is that when it comes to that narrative, the main source of information—the Bill makes clear the range of public and Government bodies that will be given directives to reveal information—does not have the equivalent on the terrorists’ side. I accept that the Minister says that police intelligence can also be revealed, but the very fact that so many people were not prosecuted and so many thousands of murders were never solved is an indication that the intelligence that the police, Army and state hold about terrorist organisations is incomplete. They are not likely to complete it, yet there will be an obligation on the state to reveal what it knows about the activities of the security forces.

That will, I believe, lead to an imbalanced report of what happened and will leave the door open for the information to be exploited by those who, as we have seen, are masters of the manipulation of public information. That is another huge flaw in the Bill, and one that I think we will live to regret.

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[Mary Kelly Foy (City of Durham) (Lab)]

I rise in support of the amendments in the name of my hon. Friend the Member for Hove (Peter Kyle).

As a member of the Northern Ireland Affairs Committee, I have sat through countless evidence sessions and have heard evidence from victims’ groups across the communities, and what comes through above all else is a genuine desire for healing and reconciliation. People will naturally have different ideas about how we can get that, and it will be far from easy. However, there are common themes: people want justice, truth and closure. Those are the criteria against which we should measure the Bill, and, sadly, it is clear that it just does not measure up.

We have already debated how clause 18 will provide a virtually unconditional and completely irrevocable immunity for perpetrators of serious troubles-related crimes. Once immunity has been granted, any hope of justice for the victims vanishes. The review process under the ICRIR is completely inadequate and offers little hope of learning what truly happened to many victims, and much of what would be gathered would simply be the word of a murderer, who could gain immunity for the thinnest account possible. We cannot, as the Bill stands, have any confidence that this body will be fit for purpose.

Despite that, today we must now debate clauses that seek to end almost all other investigations into troubles-related crimes and force victims and their families to pin their hopes on the ICRIR as the only forum for investigation. One justification for that is that the current system of inquests and investigations is broken and offers little value, but that is simply not the case. Yes, those inquests and investigations might be imperfect. They can be slow, expensive and generally have little prospect of securing a prosecution, but there have been successes. These investigations have gathered enormous amounts of information that is of great comfort to the victims’ loved ones. As we have heard from my hon. Friends the Members for Barnsley Central (Dan Jarvis) and for Hove, the Ballymurphy inquest demonstrates that perfectly. Joan Connolly, whose mother was wrongly declared an IRA gunwoman, spoke of

“the joy and the peace and the mixed emotions that my mummy has been declared an innocent woman.”

John Teggart, whose father was killed, said:

“We have corrected history today.”

That is the value of these inquests.

In her evidence to our Committee, Alyson Kilpatrick, chief commissioner of the Northern Ireland Human Rights Commission, was clear that while there may be concerns with the current system, it is at least underpinned by the rule of law and is largely working as it should. She pointed out that most victims are getting a lot from the current system and that, if we want it to be more successful, we could better fund the existing processes and allow them to work.

Sadly, rather than helping communities heal, part 3 of the Bill will do the opposite. Let us take the case of Patrick McVeigh. Patrick was 44 when he was gunned down by the military reaction force. He was an innocent civilian who was murdered in the street by agents of the British state. His daughter, Patricia, has said that

“truth and justice mean so much to us.”

The clauses that we are debating today could end his family’s hopes of an inquest. Similarly, the Denton review, which was scheduled to be completed in 2024, could now be prevented from finishing, leaving the 127 Denton families uncertain as to whether they will ever get justice.

It is my belief that the Bill cannot be fixed. However, I shall support amendments 116, 117, and 118 as they seek to protect the valuable inquests that are already under way. Similarly, I want to voice my support for amendment 114, which seeks to prevent a person who is granted immunity under this Bill from profiting from their crimes. From speaking to victims’ groups, I know that many are worried that their loved one’s killer will not only be granted immunity under the Bill, but, as we have heard, be able to write a book or exploit other ways to make a profit from someone else’s pain. Supporting amendment 114 would be a compassionate gesture from the Government, and I wholeheartedly urge them to make this concession, as they did on the issue of crimes of sexual violence.

Before I finish, I wish to register my opposition to clause 38, which, if allowed to stand, will retrospectively ban any civil action that was not begun before the First Reading of this Bill—a measure that makes a mockery of our legal system. As the human rights group Liberty has said:

“Another form of scrutiny cut off, another route to justice denied.”

I understand that the troubles are a difficult issue for any Government, and, indeed, it is an enormously difficult matter for the people of Ireland to deal with. However, although it is frustrating, it feels to me as if this Bill is the Government trying to force a conclusion with an incredibly blunt instrument. The healing process has not been prioritised as it should have been. We believe that this will only cause more hurt in the communities in Ireland, so I cannot support it.

Sadly, the Government seem intent on ripping up the rights of people in the UK—from our right to take industrial action to our right to protest, and now our human rights—and destroying the Good Friday agreement in the process.

Ministers should be ashamed that they are attempting to destroy the very backbone of the UK, and presiding over the destruction of our values and our access to truth and justice. Rather than giving families the answers that they have been waiting for for years, this Bill, in seeking to end almost all other investigations into troubles-related crimes, removes all possibility of them ever getting the full truth. Those who have unlawfully killed or committed torture will be handed immunity from prosecution in return for almost nothing. This is not a healing process. There is no justice, no accountability, and no closure for the victims of the troubles and their families.

I wish to end with the words of Alyson Kilpatrick, because they have stuck with me:

“When people say that things have been tried and failed, I struggle to see what has been tried. I see many things that have begun but not been allowed to complete”.

The Bill is being presented to us as a choice between this or nothing, but that is simply not the case. Let us work to improve the current system, or keep trying to find a better solution, because what is before us today will achieve little other than to let murderers sleep a little easier in their beds at night and ensure that their victims’ families get a little less rest.

[Jim Shannon]

I have spoken at some length on this matter. On the first occasion, I spoke about family members and illustrated the issues with the Bill. I have spoken in the past about those who have served alongside, and about the iniquities of a system that seems to let those who carried out the crimes get off scot-free. Tonight, I will do some of that again, but I also want to take an angle that perhaps I have not taken in the past, although I touched on it in an earlier intervention on the Minister of State. Members will know that I have spoken passionately on these matters, as all in this Chamber have done. The passion comes off the back of those we know, those who have given their lives and those who still seek justice across the Province.

I wish to make it abundantly clear that I am not speaking simply because I have been personally touched by the loss of loved ones and friends, although that is very important. I speak because I get phone calls to my office from serving personnel, highlighting the fact that matters are complex in Northern Ireland and extend further than many would think. Many Members have referred to the truth of the debate, but the IRA would not know the truth if it bit them on the end of their nose and hurt them. Indeed, they could not be hurt enough. The fact is that they have no morals and no understanding of the hurt they have inflicted on the people.

I have been asked to raise the question of whether this legislation extends to protecting those in the Irish Government who are accused of colluding to hide and protect murderers and bombers who sought to run and find refuge in the Republic of Ireland. I mentioned earlier that my cousin Kenneth Smyth and Daniel McCormick both served in the Ulster Defence Regiment, one as a serving member and the other as a part-timer. One was a Protestant and one was Catholic, but they were both murdered by the IRA. The people who carried out those murders ran across the border and took sanctuary there, and they were never made accountable for their crimes. You can understand, Mr Evans, why I feel quite aggrieved that this legacy Bill does not give us, as a family, the justice that we seek.

My right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) has raised the matter of collusion on a number of occasions. Last Friday, a gentleman came into my office and asked me to raise it again in the House, and I am doing so today. When we think about the Garda Siochana, the RUC inspectors who were blown up on the border and the people who murdered in Northern Ireland and then ran across the border, it becomes clear why I want justice not just for those—for example, in the IRA—who perpetrated crimes, but for those who colluded with them in the Republic of Ireland and the Garda Siochana.

Some 25 years ago this November, Raymond McCord’s son was murdered by the UVF. I represented my party, the DUP, at a cross-community group of victims—I would say it was probably a unity of victims—and we remembered that Raymond has not had justice for his son, almost 25 years on. I have not had justice for my cousin Kenneth or Daniel McCormick, 50 and a half years on.

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[Gavin Robinson]

I am grateful to my hon. Friend, who is making a strong point. When he talks of people who committed crimes in Northern Ireland and fled our jurisdiction, he will know that on Wednesday amendment 98 was put before the Committee and tested by the Committee. He will also know that we said that for this legislation to allow somebody who ensured no justice for their victims to come home and retire with a level of dignity would be abhorrent. However, 271 Members of this House voted for that. What would he say to that?

[Jim Shannon]

I share my hon. Friend’s disappointment over the amendment that he put forward. It grieves me deep in my heart when I think of those things, and I thank him for reminding us all in this House—those who are here and those who are not—of what it means.

There is an undoubted element of apparent collusion of those who were then, and possibly are now, in power. The question must be put: will the Garda Síochána and the Republic of Ireland Government be under an obligation to finally do the right thing when it comes to the victims—both Protestants and Catholics, including my cousin Kenneth and his friend Daniel McCormick—and release the information they have regarding the murders, disappearances and the alleged active role of the security forces in the Republic of Ireland in protecting and giving sanctuary to perpetrators and murderers?

Many of those people have hidden there for years. The murder of Lexie Cummings is a supreme example of that, because the person who did it ran across the border and is now an accepted politician in a certain party in the Republic of Ireland and holds a fairly high position. How does the Bill address that disgraceful element of the troubles, which people are all too quick to forget?

[Sir Jeffrey M. Donaldson]

My hon. Friend is making a strong point. Of course, the UK Government cannot legislate for matters in the jurisdiction of the Irish Republic. Nevertheless, he mentions a number of incidents of a cross-border nature. Many murders occurred in the border areas and those operations were carried out on a cross-border basis. I am reminded, looking at our right hon. and hon. Friends on the Government Benches, of the incident at Narrow Water in Warrenpoint. I remember as a child sitting in my back garden and hearing the explosion at Narrow Water, because we lived not far from Warrenpoint. I remember the awful news coming through afterwards, and the failings in the Garda Síochána investigation to find, identify and prosecute the perpetrators of that horrendous act of murder against soldiers serving with Her Majesty’s forces. Does my hon. Friend agree that it is important that, whatever the UK Government do on legacy—and we do object to this particular approach—it must be balanced by the Irish Government bringing forward their proposals to deal with legacy cases on their side of the border?

[Jim Shannon]

My right hon. Friend is absolutely right, and I am glad that that has now been put on record. In an earlier intervention on the Minister of State, I think there was some indication given that perhaps it is time that the Republic of Ireland looked at the role it had to play in legacy stuff. I’ll tell you what: there will be busy people down there looking after all the things they have been involved in, all the things they have disregarded and all the injustices they are responsible for. I look forward to that happening.

I am also minded, as others have said, of the glorification by some across Northern Ireland: the McCreesh play park in Newry is named after an IRA member and those in Gaelic Athletic Association clubs across the whole of Northern Ireland, while very few of them were involved, named their clubs after hunger strikers and IRA terrorists. Then they wonder why we get angry when we see those things happening. The issue of glorification needs to be sorted, because it will anger us all.

I mentioned in an intervention a recent piece quoting victim campaigner Kenny Donaldson in the Belfast Telegraph, but I will quote the paragraph in its totality this time. It reads:

“if immunity was granted in exchange for information, then terrorists would then be ‘emboldened to wax lyrical’ about their involvement in violence, which would be painted as ‘some form of romanticised resistance against tyranny’.”

Yes, they would glorify it—they would make it into almost a “Boy’s Own” story and make the rest of us, the normal people, sick as a dog when we think about it.

When my right hon. Friend the Member for East Antrim (Sammy Wilson) was speaking, I remembered James Ferris, who was injured in the Maze breakout and died as a result. His wife still lives in my constituency; James Ferris, his son and his family were among my constituents. Today there is just a wife left and the family are all away, but Mrs Ferris looks for the justice that was never given for the Maze breakout, and I do not see it.

At the same time, we have the glorification of what took place by certain high-level members of Sinn Féin and those who were at one time active in the IRA. I remember being made aware of something about a year ago, where ex-IRA members were going to bring themselves into a fantastic old boys’ club, where they could live and talk and have a drink and tell over the good times—their good times, when they were murdering people in these streets. Hon. Members will understand why we just get a wee bit annoyed by glorification. That is why amendments 107 and 120, put forward by our party, are so important.

I am aware of the abuse of the legal system and legal aid to rewrite the history of our Province. We need to stop the republican PR team from making it seem as though the La Mon bombing was only an atrocity because it did not kill the RUC men it was intended to kill, while the aim of killing the RUC men was legitimate, as they were evil, according to the republican IRA. Twelve innocent victims were murdered that night in La Mon.

Republicans often try to rewrite history, claiming that the Shankhill fish shop bombing was a mistake not because it took lives, but because the loyalists they had aimed at were not there—though the children, who were there every Saturday, were there whether or not the loyalists were upstairs. That cannot be excused because loyalists were bad and colluding with the army or whoever else.

The point I am trying to make, hopefully in a strong and firm way, is that those people carried out terrible atrocities against people across the whole United Kingdom, and particularly across the whole of Northern Ireland. Seeking to portray soldiers who made a difficult call and pulled the trigger as villains, and claiming that that makes it justifiable for three Scottish soldiers to be murdered in a honeytrap in north Belfast, is the aim of this relentless propaganda machine pushed by Sinn Féin, using publicly funded avenues and ably assisted by people in positions of authority. I understand that soldiers and service personnel await a knock on their door with dread as their PTSD has enabled them to block out days or weeks at a time and we pick at the scab of their healings. This needs to stop and I advocate for them, too. I understand this, and I can stand against it with my friends across the Chamber.

However, my issue is that good, honest people—my constituents in Strangford, the citizens of Belfast East, South Antrim, Lagan Valley, Upper Bann, East Antrim, North Down and everywhere else, including Foyle—want to know when justice is coming for them. They have waited their time for their investigation and are again treated as less worthy because they are not as good at PR as the shinners—as the IRA. They do not have a biased media slanted to producing documentaries based on supposition and connecting dots where there never were any, relying on the years that have passed and the deaths of witnesses to perpetrate a false narrative. They do not have the resources—my constituents and those across all of Northern Ireland—to push these cases. They have patiently waited for their time, over all these years—my family for 50 and a half years, for others longer and for others sometimes shorter—and now their time will never come, according to the Bill that we have before us tonight. That is disappointing. I speak for those people and family members among my constituents—the victims who are disregarded.

I understand probably more than most, with respect to everyone in the Chamber, the complexities of this awful predicament we are in. I thank right hon. and hon. Members across the Chamber for what they are doing, but this must be got right. There are hon. and gallant Members here who have served this country—have served Northern Ireland and I appreciate that very much. I see them on both sides of the Chamber tonight. I ask Members to agree the DUP amendments. My hon. Friends the Member for Belfast East (Gavin Robinson) and for Upper Bann (Carla Lockhart) have taken the time to bring forward amendments—to engineer ideas to capture a way forward and not to bring forward legislation that does not help us. I would hope that tonight, by agreeing the DUP amendments, we will make the Bill better and more acceptable. I believe that we can protect service personnel without dousing the hope of victims. Let us send the Bill back for more work. Let us not put it through tonight unless the amendments that we, and other parties, have put forward can make sure that this is done in the right way. Let us get it right—not perfect, just right. Perfect is something that none of us in this Chamber are. Only one person is, probably, and that is the man up above, but nobody here. As that is the case, let us get it right, if not perfect.

[Conor Burns]

I thank all hon. Members from across the Chamber who have participated in this second day of the Committee.

As was said at the outset on both days, these measures are contentious and contested, but I hope that all hon. Members who spoke will agree that two reasonable people can perfectly reasonably reach opposite conclusions based on the same set of facts without each surrendering their right to be considered a reasonable person. As I said earlier, these measures are the fruits of two years’ work by my right hon. Friend the Secretary of State. They are an attempt not to draw a line or move on, because we cannot draw lines or move on from the hurt, harm and distress that have been done to people over the years of the troubles in Northern Ireland, but to try to help Northern Ireland to move towards a place where it is a society that accepts a past but does not live in a present defined by something called “the past”.

As the two days have gone on, and the Government have rightly been subject to scrutiny on the detail of the Bill, certain facts are emerging about what is in the Bill that perhaps were not as clear to Members in all parts of the Committee as when we began. The body that will be set up has the very simple aim of helping families to obtain information as soon as possible. The ICRIR will have access to more information than inquests and comparable powers to compel witnesses. It will be led by a chief commissioner of high judicial standing who will be able to preside over the findings in a manner similar to a coroner. It will conduct investigations for the purposes of providing answers for those who want them. It will provide immunity to individuals in exchange—transactionally in exchange—for providing truthful information about their role in the troubles and showing a genuine willingness to co-operate with it. We believe that that will create the incentive. It is worth saying that all the incidents that took place after 10 April 1998 will remain the investigative responsibility of the relevant police force and all potential perpetrators will remain liable for prosecution should sufficient evidence exist.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Jim Shannon Excerpts

Committee stage
Wednesday 29th June 2022 Commons Chamber

[Conor Burns]

Where I agree with the hon. Gentleman is on the fact that the victim must be absolutely at the heart of what we are trying to do. It is our contention that the measures are victim-centric, but they also acknowledge that the current system has not been delivering for victims as we think they deserve.

[Jim Shannon (Strangford) (DUP)]

The Minister of State mentioned that he was at Queen’s University. He will know that Edgar Graham was murdered just outside the university, and no one was ever held accountable for that crime. When it comes to settling things, my colleagues, my constituents and I want total accountability in the process. We want accountability for those who murdered Edgar Graham, who murdered the four Ulster Defence Regiment men—my constituents—at Ballydugan, who murdered my cousin Kenneth, who murdered Daniel McCormick and who murdered Lexie Cummings. Will the Minister of State tell me, the Committee and my constituents how there will be any accountability in the process when the people who did that are getting off scot-free and will never be held accountable? That is exactly what the legislation will do.

[Conor Burns]

I understand why the hon. Gentleman makes that point. It is our responsibility to explain in greater detail how the legislation will help to recover information and get knowledge to families and those who are still grieving for profound and unimaginable losses. At the event on Monday, we heard from Professor Lord Bew, who spoke of many memories of hearing bombs and of people being murdered in the vicinity of Queen’s University. As my right hon. Friend the Secretary of State has explained on multiple occasions, however, we are starting from a position where the current mechanisms are not delivering for victims. There was never going to be a perfect way to do that, but this is an attempt to try to get better processes in place.

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[Conor Burns]

I am conscious that I have taken a significant number of interventions so far this afternoon, so, if I may, I will make some progress and talk briefly about the actual content of the Bill—

[Jim Shannon]

rose—

[Conor Burns]

However, I did promise to give way to the hon. Gentleman. Go on.

[Jim Shannon]

I thank the Minister. I did indicate my wish to intervene earlier.

The Minister will be aware of the victims involved in three cases: the Old Bailey bombing of 1973, the docklands bombing of 1996, and the Manchester bombing of 1996. Victims of those bombings are taking out an action against Gerry Adams—the man who said he was never a member of the IRA, although he clearly was. It is a civilian case and I know that the victims are seeking damages amounting to a nominal £1.

If it is proved that Gerry Adams was responsible for those cases as a commander of the IRA, will the Government make legal aid available to people who take action primarily against him, and also against the IRA and those who were responsible at that time? If the information is there and it is proven, can the Bill make that happen? Will legal aid be available to those people?

[Conor Burns]

The hon. Gentleman probably anticipated my reply before he asked the question. It would be inappropriate for me to comment from the Dispatch Box on something that is, or may be, before the courts. However, the hon. Gentleman has made his point powerfully, and he should address it to a Law Officer.

[Jim Shannon]

The reason for my question is quite simple. I understand that the Bill debars that from happening. If that is so, can the Minister indicate to us on these Benches whether those people have any chance of justice in relation to those three events?

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[Jim Shannon]

Will the hon. Gentleman give way?

[Peter Kyle]

I will give way, and then I must make some considerable progress.

[Jim Shannon]

What probably keeps all of us who have lost loved ones going has been that flicker of life, or flicker of a candle, with the opportunity that, possibly some day, someone who has carried out despicable crimes will be made accountable. What keeps us going is that we believe that some day those people who thought they would get away with it will not get away with it. That is what we are all about.

[Peter Kyle]

One more time, the hon. Gentleman brings humanity and lived experience to the debate in an extremely powerful way. The first job I had on the Front Bench was as the shadow victims Minister, and everything he has said applies also to victims of other serious crimes in other circumstances, but never more so than it does in the situation we are addressing today. I am very grateful for what he said and how he said it.

There are warnings from the human rights safeguards established by the Belfast/Good Friday agreement that this Bill is not compliant with the European convention on human rights. The Government have failed to convince anyone that the new independent body and the immunity panel, which are at the core of their proposals, will lead to more information for victims and their families. In fact, the Secretary of State has said openly that only “one or two” people might end up giving information to this new body. He said that just last week in an interview for The House magazine. That seems scant compensation for shutting down all coronial, civil or criminal actions. I want to share the words of Julie Hambleton, whose sister Maxine was killed alongside 20 other innocents in the Birmingham pub bombings in 1974. In her words:

“Our loved ones did nothing wrong. They were law abiding, tax paying citizens. There is nothing in this legislation that provides anything for victims’ families or survivors.”

Turning to our amendments, amendment 111 would ensure that any review conducted by the independent body is carried out in line with the standards of Operation Kenova. During debates on legacy, the only process that was praised time and again by members of all parties was the work of Jon Boutcher and Operation Kenova. Crucially, their work has managed to gain the trust and support of victims, families and the security forces. Our amendment is based on a definition of reviews, which Operation Kenova has provided, that would greatly strengthen the reviews in the Bill. It was surprising to hear the Minister’s lack of awareness about a review as compared with an investigation, because both legally and most certainly in practice, there is a very profound difference with a review, which our amendment addresses.

Our amendment would mean that a review must have access to all material relating to the case held by Government agencies. It would establish whether any forensic opportunities exist to identify those responsible for the crime. It would identify potential witnesses, members of the security forces or suspects who may be able to assist with understanding who was responsible for the crime. It would conform to nationally recognised standards, be conducted with integrity and objectivity, not overlook any investigative opportunities, and identify and share investigative and organisational good practice.

Given Operation Kenova’s success in gaining the trust of so many of those affected by legacy issues, we should take every opportunity we can to learn as we seek a way forward. Victims need and deserve to be persuaded that the Commissioner for Investigations is going to carry out more than a desktop review of deaths and serious injury. These standards for review are not exhaustive and could be built on further, but the starting point should be what we have seen work in legacy and Operation Kenova. This is a probing amendment in the hope that Members in the other place will take a fuller and more expansive look at the issue. I think the amendment strikes to the heart of the Bill, but I will not push it to the vote today, in the sincere hope that it is one of the central planks of investigation in the other place.

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[Gavin Robinson]

Yes. It is appalling—sickening—that people organise events and dinners, fundraise, sell books and write scripts for movies, then benefit on the backs of the blood of our neighbours in Northern Ireland. That is not appropriate.

I ask Members to consider amendment 98 very seriously indeed. This process is about providing answers to families who do not know all the circumstances of their loved one’s demise or who was responsible for it. That is a significant subset of legacy cases that are yet to be resolved in Northern Ireland. There are, however, other cases where the family know exactly who was responsible and know all the circumstances, and furthermore the state knows who is responsible and has sought the perpetrator for investigation and prosecution. Then what did the perpetrator do? They stood up and walked across the border and evaded justice. In amendment 98, we ask the Committee to accept that there are no circumstances in which we can provide a process that would grant immunity and allow somebody who has evaded justice, skipped the jurisdiction and made sure that loved ones had no answers the opportunity to come back to Northern Ireland and retire with dignity. That would be an affront to democracy and to justice. I hope that Members will look at accepting amendment 98 on such runaways.

[Jim Shannon]

One example of that, as this House already knows because I have said it before, is Lexie Cummings. He was having his lunch out at a shop in Strabane and was murdered—shot in the back of the head. The person who did it was apprehended by the police, who took him to court. They made a mistake in the subpoena that they handed out and got it wrong. While the subpoena was being changed, the person escaped across the border. He is now a very prominent member of Sinn Féin, as my hon. Friend the Member for East Londonderry (Mr Campbell) knows very well. That is an example of where the system has fallen down. My family, who are relatives, want to see justice for him in court. He has an on-the-run letter, which makes it very difficult for us as a family to comprehend and deal with issues, knowing that justice is not seen to be done and because we know who the perpetrator is.

[Gavin Robinson]

I agree with my hon. Friend and I hope that Members will look on amendment 98 favourably.

Finally, because I recognise that time is short—here we are, three hours in, before we get a Northern Ireland voice, but I appreciate the interest in the Bill—I turn to amendment 115. There has been considerable attention on amendment 115 during the Committee stage. My colleagues drafted our own amendment to exclude sexual offences from immunity. It was not as good or as strong as the Labour amendment, and, in truth, it was in the wrong place in the Bill, so we did not table it and signed amendment 115 and new schedule 1. We did that because we want to get to the end point. We are not interested in the politics, but we want to make sure that on such a wedge issue that engages issues of compassion and controversy, and affects communities right across the board in Northern Ireland, we have our name on that amendment, and we want to see progress on it this evening.

I have already highlighted the frailty of the argument that we could leave this issue until Report. I have heard that we could change the programme motion. Here we are with a programme motion that has already been extended once, at the end of Second Reading for this Committee stage, and I am the first Northern Ireland MP to speak when we have been debating the Bill since 20 minutes to 3.

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[Johnny Mercer]

The hon. Member is totally right. If it was my son or daughter, or the son or daughter of any of us, and there was a 0.1% chance that we would find out who did it or what happened, we would keep going down that burrow hole as far as we could.

All I would say is that there is another side to the ledger: people—yes, a lot of them are veterans—who are incredibly adversely affected and have a right not to go through the experiences of those such as my friend Dennis Hutchings. That is why this is such a difficult space.

[Jim Shannon]

I am mindful of many incidents in Northern Ireland. I think of La Mon, where on 17 February 1978 12 people were killed and 30 people were seriously injured—the people who were killed were incinerated. The person who gave the order for that was the IRA commander in west Belfast, who just happened to be Gerry Adams. I want accountability for my constituents who were burned alive, but the legacy Bill does not give me or my constituents the chance of that. For that reason, I want to see a legacy Bill that speaks for victims and ensures that those who perpetrated crimes are held accountable. They might get away with it in this world, but they certainly will not get away with it in the next world.

[Johnny Mercer]

I have huge sympathy for the hon. Member, whom I am close to and have huge affection for. He can imagine my views on Gerry Adams—thankfully we are in the House, so I will not get sued just for uttering his name—and on the incident that he refers to. However, I would say pragmatically that it has been a long time since that incident and, if that justice were possible, it would have happened. I want that more than anybody else, but it has not happened, so we must deal with the world as we see it, which is incredibly conflicted: evidence was not gathered correctly, the crime scene was a mess, and it is very difficult to reach the threshold of criminal conviction.

--- Later in debate ---

[The Second Deputy Chairman]

I call Jim Shannon, but please resume your seat at either 10 to 7 or before.

[Jim Shannon]

Thank you, Mr Evans.

I am not unaware of the Government’s aim. We absolutely need to move forward. We need to investigate processes to be used in proper form instead of the rewriting of history that currently sees us so badly abused, with Sinn Féin being the guilty party. We need our ex-service personnel to be allowed to retire without, at 75 years of age, being questioned about a case that they handled 45 years ago and asked to validate statements or investigations they carried out, and the pressure of that leading to illness. We need soldiers to be allowed to retire and not to be asked the exact wording of an order given to them 40 years previously when under fire and attempting to save their colleagues.

I understand the Government’s objective, but in the time that you have allocated to me, Mr Evans, I want to be very conscious of the victims. I did that at some length in the previous debate, as my hon. Friend the Member for Upper Bann (Carla Lockhart) said. For me, it is all about the victims and all about justice. My hon. Friend the Member for East Londonderry (Mr Campbell) referred to the flicker of light.

I hold on to that flicker of light that someday justice will come for the murderer of Lexie Cummings—he fled across the border. He has an on-the-run letter. He is a prominent Sinn Fein member, and he has not been held accountable for his misdoings or for the murder. Kenneth Smyth and Daniel McCormick were murdered on 10 December 1971, some 50 and a half years ago. Where is the justice for them when it comes to this Bill? I do not see that tonight either. I do not see justice for the four UDR men murdered in Ballydugan. Nine people were arrested, and only one person has ever been held accountable. I cannot see that justice.

--- Later in debate ---

[Johnny Mercer]

What would the hon. Gentleman say to the family of Dennis Hutchings in this situation?

[Jim Shannon]

I supported Dennis Hutchings, and I still do. I will speak for the victims every time, and I will speak for Dennis Hutchings as well. I support him and his cause, but it is all about the victims. Let us focus on the people who have no justice, but who want justice. We should do that—not through this Bill, because this Bill is flawed—but in a different way. Many of my constituents and my people cannot grieve because justice has not been seen to be done. That is the issue for my people, for my constituents and for people on this side of the Chamber. I wish it was an issue for those on the Government Benches.

[Conor Burns]

We have had a very full debate. It has been emotional and emotive. It has lived up to what we said earlier: it has been contested and there has been an absence of consensus—we certainly got that on steroids. We have heard some harrowing and moving accounts of horrible lived experience in Northern Ireland, and individuals have been named who suffered grievously and lost their lives during the troubles.

I express gratitude to everyone who has participated for the tone of the debate. I will address one issue head on, which is amendment 115 in the name of the shadow Secretary of State on behalf of the Opposition. Earlier, I sought to explain the Government’s thinking and why we were sure that the Bill as written would not have the perverse consequence that the shadow Secretary of State feared. However, as I said—the Secretary of State and I discussed it on the Front Bench—we have heard loud and clear the mood of the Committee and its wish to see greater clarity in the Bill. With that intent clear, and our recognition of the mood of the Committee on that, we are willing to accept the amendment on the condition that we will work over the coming days to see if we can find a refined wording that we can bring back to the House on Report.

Oral Answers to Questions

Jim Shannon Excerpts

Wednesday 22nd June 2022 Commons Chamber

[Brandon Lewis]

The hon. Lady is absolutely right. It is important that we deliver and protect all aspects of the Belfast/Good Friday agreement; I have made the point several times at the Dispatch Box over the past couple of years that we have to ensure that we protect all three strands, not just one. I am pleased that the hon. Lady recently said:

“I do not love the protocol”.—[Official Report, 15 December 2021; Vol. 705, c. 374WH.]

There is no doubt that there are a lot of challenges for businesses, so I hope that she will support the Bill, which seeks to fix those challenges.

[Jim Shannon (Strangford) (DUP)]

The latest business to report disruption to its supply is a photo-framing business in Newtownards whose supplier has said that the profit margin is not worth the hassle of sending its order, so it has been cancelled. That is another of the 200 companies that trade between England and Northern Ireland; the tale is repeated for businesses in every postcode. The Government must do the right thing and restore our position, not just constitutionally but financially for businesses. Will the Secretary of State give a date for the withdrawal Bill’s Second Reading?

[Brandon Lewis]

I am sure that the hon. Gentleman will appreciate that I cannot confirm the exact date at this point, but we have introduced the Bill and he can be reassured that the Government are committed to resolving the problems with the protocol, restoring the primacy of the Belfast/Good Friday agreement and restoring sovereignty and territorial integrity for the whole United Kingdom. It is imperative that we ensure that people in Northern Ireland have the same benefits, laws and courts as everybody everywhere else in the United Kingdom. I have been very clear that, as part of that, we want to ensure that we deliver strand 1, which means the reformation of the Northern Ireland Executive as soon as possible.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Jim Shannon Excerpts

2nd reading
Tuesday 24th May 2022 Commons Chamber

[The Secretary of State for Northern Ireland (Brandon Lewis)]

I beg to move, That the Bill be now read a Second time.

The troubles represented a terrible period in Northern Ireland’s past and in these islands as a whole. They claimed the lives of some 3,500 people in Northern Ireland, across Great Britain and in Ireland. They left tens of thousands injured and they impacted all aspects of our society. Many across the whole of our country still bear the scars, both visible and invisible, today. That Northern Ireland in 2022 has come so far in so many ways is a testament to the spirit and strength of its people and to the vision, bravery and determination of those who forged the Belfast/Good Friday Agreement. It is also a testament to the sacrifice of those men and women who went out each morning to uphold democracy and save lives, rather than those who went out to take them.

Looking around today, I see many wonderful examples of a transformed, inclusive, peaceful Northern Ireland, yet despite this exceptional progress, the troubles continue to cast a shadow over all those impacted and over wider society. Community tensions and divisive politics can undermine stability. This legacy of the troubles is an issue that successive Governments have attempted but ultimately been unable to resolve, because it concerns one of the most complex, sensitive and difficult periods in our country’s history, but we cannot stand by and do nothing; we cannot let the status quo continue. To do that would be a dereliction of our duty to the people of Northern Ireland and to those who served their country during that dark period. It would be a dereliction of duty to families across the United Kingdom who still seek answers about what happened to their loved ones, in some cases more than 50 years ago.

This Government recognise the huge challenges involved in seeking to address Northern Ireland’s past. We have a responsibility to ensure that future generations do not suffer in the same way as those who have gone before them. With every year that goes by, the opportunity to obtain answers for those who lost loved ones in the troubles diminishes further. We have a responsibility to ensure that children can grow up together, be educated together and understand all aspects of our shared past—a past that, at times, was bitter, difficult and inordinately painful for everyone involved.

The current system is broken. It is delivering neither justice nor information to the vast majority of families. The lengthy, adversarial and complex legal processes do not offer the most effective route to information recovery, nor do they foster understanding, acknowledgment or reconciliation. Faith in the criminal justice model to deal with legacy cases has been undermined. The high standard of proof required to secure a successful prosecution, combined with the passage of time and the difficulty in securing sufficient evidence, means that victims and their families very rarely, if ever, obtain the outcome they seek from the process.

We need to be honest about the limitations of focusing on criminal justice as a means to secure truth and accountability in relation to what happened to those who were killed or injured. It is arguably cruel to perpetuate false hope while presenting no viable alternative to deliver the information that so many families and survivors seek. That is why we are introducing legislation that seeks to address this most difficult and sensitive of issues.

[Jim Shannon (Strangford) (DUP)]

The Secretary of State mentioned those who served in uniform. I remind him gently and kindly, but seriously as well, that my cousin Kenneth Smyth and his friend Daniel McCormick, both in the Ulster Defence Regiment, neither of whom were able to—excuse me. No IRA man was ever made accountable for their murders 51 years ago. Stuart Montgomery, a wee 20-year-old police officer was murdered outside Pomeroy—no IRA man was ever made accountable for his murder. John Birch, Steven Smart, John Bradley and Michael Adams, the four UDR men killed at Ballydugan, four men who served this country in uniform—no one was made accountable for their murders.

Secretary of State, you can understand the angst and the agony that I have on behalf of my constituents. I want to have the justice that they have been denied for over 50 years—in the case of the four UDR men, for 32 years this Sunday past. What are you doing to make sure that happens?

[Brandon Lewis]

The hon. Gentleman gives a powerful and clear outline of the difficulty and pain that people feel, as he has just shown, in this very complex and sensitive area. He makes that point better than almost anybody else could. He touches on the very challenge we face, as we have seen over the past few decades, with the failure of the current system to bring that accountability, understanding and truth for people. As I will outline over the next few minutes, through this legislation we want to achieve an outcome that means people get the truth, with which comes accountability. He is right to focus on that for his constituents.

--- Later in debate ---

[Brandon Lewis]

My right hon. Friend makes an important point. I am very aware that the Defence Committee has published two reports in this area, and they are well worth reading. They recognise the changes that mean the criminal justice system for these cases is not like the criminal justice system for other types of crime across the United Kingdom. The reality is that, after the Belfast/Good Friday agreement, we had the 1998 Act and decommissioning, among other things that I will touch on in a moment, and it means that we in Government are looking at what we can do, based on the reality of where we are, with a very difficult and imperfect situation that has developed through difficult decisions made in the past, to deliver a better outcome in the future.

It is also about understanding that, regrettably, a distorted narrative of the past has developed over time. This legislation will help to ensure that more victims and survivors, some 90% of whom are of course victims of terrorist violence, are able to obtain answers about those who caused it.

[Jim Shannon]

The person who killed Lexie Cummings, who was murdered in Strabane, escaped across the border with an on-the-run letter. Where is the justice for Lexie Cummings’ family, when his killer has an on-the-run letter, gets away with it and now has a prominent role in a political party across the border? Where is the justice, Secretary of State?

[Brandon Lewis]

If the hon. Gentleman will bear with me just a few minutes, I will answer that very question very specifically.

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to speak in this debate; I thought the hon. Member for Belfast South (Claire Hanna) was going to get in ahead of me there. I would have been pleased if she had, by the way, but today it will be the other way around.

First, I declare an interest as a former member, for three years, of the Ulster Defence Regiment and of the Territorial Army for 11 and a half years—14 and a half years in total. I believe that this Bill is very important. I have a number of issues with its details, such as the fact that clause 37 appears to allow cases already in the pipeline, such as current cases against soldiers and others, to continue. That defeats the supposed purpose of the Bill. It means that any investigations being undertaken need only the Public Prosecution Service to signal an intent to charge and they will be exempt. I am anxious to understand how that would stop a repeat of what happened with Soldier F through a case that could already be in the system.

I have issues with the detail, such as the fact that general and specific immunity are not explained fully and would appear to lend themselves to other uses. I have problems with other details of the Bill; my hon. Friend the Member for Belfast East (Gavin Robinson), as we have come to expect, queried and posed the questions with a greater ability than mine.

The right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith), who is not here, referred to his friend Robert Nairac, who died; the right hon. Gentleman served with him and that has been on his heart.

[Sir Mike Penning]

As my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) said earlier, we think that Captain Nairac died on 15 May. We do not know. There are people who know where his remains are; when I was a Northern Ireland Office Minister, people north and south of the border told me that they knew. Perhaps we might find the truth for my captain of C company, 1st Battalion the Grenadiers.

[Jim Shannon]

The right hon. Gentleman clearly outlines that he was a friend of Captain Robert Nairac, and we all understand that; the right hon. and gallant Member for Beckenham (Bob Stewart) was too.

[Sir Mike Penning]

I do not want the House to be misled. I was a guardsman; Captain Nairac was a captain, and in the Guards you know your position in life. However, I did spar with him in the gym a few times and gave him a couple of good digs.

[Jim Shannon]

The right hon. Gentleman and Captain Nairac served together, and that is the important thing to put on the record.

I want to put something from a different point of view and to speak about the victims. In the middle of all this debate—my hon. Friend the Member for East Londonderry (Mr Campbell) referred to it—it is important to focus on that. I do not want to speak as Jim Shannon the Member of Parliament for Strangford; I want to speak as the cousin of Kenneth Smyth.

[Gavin Robinson]

It is important for the House to recognise that sometimes politicians talk about how powerfully these things affect us, but it is fair to say that from my hon. Friend’s contributions throughout the years he has brought a great deal of personal empathy and emotion to these issues. I make that intervention, and I will talk perhaps longer than you would normally permit in an intervention, Madam Deputy Speaker, and I will look for a nod from my hon. Friend whenever the time is appropriate—

--- Later in debate ---

[Jim Shannon]

Thank you. My brother William and I used to go down to my cousin Kenneth’s back in the ’60s. My cousin Kenneth was the one who took us shooting. We were introduced to country sports at a very early age, and it is something that I love today. I have introduced my son and my grandchild to it, as well. It is something that he instilled in us. They were different days in the ’60s than they are today and they were in the troubles. I thank my hon. Friend the Member for Belfast East for intervening—I should have said that right away. I remember those days with a real fondness.

Kenneth Smyth and his Roman Catholic friend Daniel McCormick were murdered on 10 December 1971, some 50 and a half years ago. I remember that day like it was yesterday, and probably always will. I know it affected all our family up in Clady and Strabane, where we lived. Clady is a wee village outside Strabane. We have absolutely no doubt that the people who were involved in the murder of Kenneth and Daniel McCormick came from or were associated with that village. I could name the names, but I am not going to do so here. I do not think that it is important to do so, but I do feel that hurt.

Daniel McCormick left a wife and three young children. She got £3,500 from the Northern Ireland Office as compensation for the loss of her husband and the father to her children. How does that give us justice? It does not give me justice, and I do not think it gives anyone in this House justice. What I see unfortunately is legislation that does not take into consideration my position as a victim or that of Daniel McCormick’s wife and family.

The family dispersed almost immediately within months. My cousin Joseph went to America, where he has been all his life, with Mariam his wife and the children they have had. My aunt Isobel sold the farm. My grandmother grieved, as did my grandfather. My grandfather died of a broken heart. That is the story of the victims, whom we do not hear much about—but we should, because that is what is really important and that is what I want to talk about.

I want to talk about the four from the Ulster Defence Regiment killed in Ballyduggan. I speak as a man who loved a chat with John Birch, who was born in Ballywalter and was one of the Ballyduggan Four. I was not there, but I was aware and was around at the time he was born. I remember Steven Smart from Newtownards very well. His dad Sammy and I were best mates and good friends. There was also Michael Adams, who worked in a butcher’s shop while I had the business and I knew him from there. He always knew that he was going to be a soldier and he joined the Territorials, which I was in at that time. I remember that well. Again, I had to fight back the tears when I learned that a 1,000-lb bomb at Ballydugan took his life and the life of Lance Corporal John Bradley, whose widow I spoke to recently. No one was ever held accountable for those victims. The IRA did that and got away. Members will understand what my hon. Friend the Member for East Londonderry said—if there is even a smidgen of possibility of holding them accountable, I want that for my constituents and for the victims I am speaking about.

I am the MP for the son of young John Birch, who came to see me and told me about the grandchildren who his dad would meet only in the next world. He asked me whether he could ever expect to learn who carried out the atrocity that robbed him of his childhood and his role model on that fateful day, 9 April some 32 years ago. This Bill does not give those four victims or their families and children justice, and it does not deliver for them, and I feel incredibly annoyed.

Stuart Montgomery—I knew his dad, Billy, very well; we were friends for many years—was two weeks out of the police training college and was killed by a bomb at Pomeroy along with another police constable. Nobody was ever held accountable. Justice? Not in this Bill. Not for Stuart Montgomery, and not for the others.

I mentioned Lexie Cummings earlier, who was shot by an IRA man when he was having lunch in his wee Mini car in Strabane. He was a member of the UDR. They got the fella, by the way, but the boys made a slight mistake in the summons that meant that when he came to court in Omagh it had to be rewritten. In that time, he got out of the court and on a bike and cleared off across the border. My hon. Friend the Member for East Londonderry knows the story only too well. That guy is now a prominent politician with a Republican party in Donegal, so Members will understand why I feel sore and aggrieved.

[Johnny Mercer]

I have huge affection for the hon. Gentleman. I can see the emotion and the anguish written all over his face as he talks of his friends who have been victims in the conflict. He wants that 1% or 2% chance of justice, but I ask him with all humility, at what cost? I know that he also feels that aspects of the process are deeply unfair, so at what cost do we keep going down that rabbit hole to get the answers that I know he authentically, genuinely wants to find, but that some Conservative Members feel cannot be found?

[Jim Shannon]

There is no price on justice. I am trying, perhaps haphazardly and not with the focus that I should, to put forward the case on behalf of the victims and to explain why the Bill does not deliver that. The seven people I have mentioned—the four UDR men, my cousin Kenneth, Daniel McCormick and Stuart Montgomery—served this country and wore the uniform that the hon. Gentleman wore. They do not have justice, and I feel annoyed.

I will mention some other examples. Abercorn was an IRA atrocity against innocents who were brutalised, murdered or maimed forever. In the Darkley Hall massacre, people who were worshipping God were murdered. Lastly, I think of La Mon because it is in my constituency. Other hon. Members have spoken well and encapsulated what I am trying to say in my raw broken form. People were burned alive in La Mon. They were members of the collie kennel club—they were not soldiers—but they were murdered, brutalised, destroyed. Their lives were changed forever. I remember that day well. Where is the justice for those victims in this legislation? I do not see it and it grieves me to think about it. The IRA commander who was in charge and responsible for the bomb at La Mon was a prominent member of Sinn Féin. He happens to be semi-retired, but he is still there.

I speak as someone who has watched investigation after investigation seem to focus on one narrative or one viewpoint—focused on 10% of the atrocities, and leaving the 90% wondering why their pain and sorrow meant less. I tell you what: the pain for my constituents is no less than anybody else’s pain, nor is mine either. Who has heard the cry of the ex-RUC, the ex-UDR or the ex-prison officer who has been retraumatised by investigations designed specifically to pursue them by republicans to justify the atrocities that were carried out? I speak as someone who understands very well the frustration of the ex-soldiers being called to discuss an event of 50 years ago, when they cannot remember their shopping list for last week. I understand that—I understand it very well.

I speak as someone in this Chamber who has lived through the troubles, and who has intimate knowledge of the pain and despair caused to so many in Northern Ireland, regardless of their religion or political affiliation. My cousin Kenneth served alongside his Roman Catholic friend—they were best friends; one was in the UDR and one had left—and the IRA killed more Roman Catholics in Northern Ireland than anybody else. So we understand the victims, given the way we feel, the pain and soreness we have, and how we are with the things in front of us. I believe this gives me the right to speak in the Chamber with some authority when I say that this Bill does not achieve its aims.

This Bill does not deliver justice, and it does not answer the anguish or grief of the families I speak for or whom I want to speak about. It does not draw a line under current cases. It does not offer justice to my cousin Shelley Gilfillan, whom my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) knows extremely well. She is involved with a victims group up in West Tyrone. She has mourned her brother for 50 and a half years, as have so many others because their cases do not have a live investigation or a firm suspect who can be asked to give information in lieu of immunity. Those murderers are well covered with their on-the-run letters. The gunman who killed Lexie Cummings had an on-the-run letter, and he got across the border and had a new life. Lexie never had a life after he was murdered in Strabane all those years ago. So the House can understand why I just feel a wee bit angry and a wee bit annoyed on behalf of my constituents, and it is because of how they feel that this legislation, for them, does not deliver what it should.

[Bob Stewart]

I thank my hon. Friend for giving way, and I am sick in the stomach that murderers are apparently going to get away with it as a result of this Bill. It really is the fly in the ointment of this Bill. It is an imperfect Bill—I fundamentally feel it is wrong that murderers get away with it—but I honestly now feel that we have little choice, much as it makes me puke.

[Jim Shannon]

I think we all like the hon. Gentleman—I probably love him; it is not a secret. I think he is a great gentleman, and I understand and respect his honesty. I have to say that we have to disagree on this. The hon. Gentleman will, I hope, understand my point of view.

I want to conclude, and I am sorry, Madam Deputy Speaker, that I have gone on a wee bit. I apologise for going over the time. I thank Ministers for seeking to give a platform for us to move forward, which I think they have, but they have not done it right. I know that in life things are not perfect all the time and we do not always get things the way we want them, but I think in this Bill we get imperfection, and imperfection rules. Therefore, on behalf of my constituents and on behalf of my family, who still grieve, I urge greater engagement with individual victims, and I urge that better legislation—not this legislation before us, but better legislation—be put forward that puts the victim at its heart and addresses the aim to prevent the current attempts to rewrite history by painting the guilty as warriors for justice against an oppressive state.

That is my opinion of the Bill, and I believe it is the opinion of many on this side of the Chamber. There are many on this side of the Chamber—I am very pleased to see the hon. Member for Barnsley Central (Dan Jarvis) in his place—who have served in uniform, and we should not decry people, and there are such people here, who do the same.

In my opinion, this Bill achieves neither of those goals, and with that in mind, I will always speak up, as I always have, for the victims. Raymond McCord is no longer here, but I will always speak up for Raymond McCord as well. I will speak up for all those people who have lost loved ones and who grieve—grievously—for those who have passed away, even though it may be 50 years ago, 32 years ago, 20 years ago or longer, because that is what this is about. This legislation does not satisfy my constituents and it does not satisfy my family, and we want justice. I want that wee light of justice. I know that when I burn the rubbish at home, there is a wee light when I light the match and it does not seem to be doing very much, but all of a sudden that wee light can burn the fire. I think I want to see that wee light becoming a fire, but I do not see this legislation being the way to do it.

Oral Answers to Questions

Jim Shannon Excerpts

Wednesday 27th April 2022 Commons Chamber

[The Prime Minister]

Do I agree with my hon. Friend? There is not a syllable with which any sensible person in this country could possibly dissent.

[Jim Shannon (Strangford) (DUP)]

9. Last week, a headline in The Daily Telegraph—not normally a paper that I read—stated: “Northern Ireland could be forced to follow EU rules on Covid tests”. The Chancellor has told the House that Northern Ireland could not benefit from moves to scrap VAT on energy efficiency measures because of the protocol, and now the protocol’s restrictions threaten a shortage of covid tests in Northern Ireland. The financial costs of the protocol can be measured, but the true cost, in relation to VAT, medicines, covid tests and damaged relationships, is much, much greater. When are the Government and my Prime Minister going to restore our place in the United Kingdom?

[The Prime Minister]

I thank the hon. Gentleman very much. There is clearly an economic cost to the protocol. That is also now turning into a political problem, and an imbalance in sentiment about it. We need to rectify that balance for the sake of the Good Friday agreement, on which this country depends.

Northern Ireland (Ministers, Elections and Petitions of Concern) Bill

Jim Shannon Excerpts

Consideration of Lords amendments
Monday 7th February 2022 Commons Chamber

[Conor Burns]

First, may I say to the shadow Secretary of State, the hon. Member for Hove (Peter Kyle), that it is good to be opposite him in the Chamber this evening? I thank all hon. and right hon. Members for their contributions, which have, if I may gently say so, strayed slightly beyond the scope of the two amendments that we are debating.

[Jim Shannon (Strangford) (DUP)]

rose—

[Conor Burns]

I ask the hon. Gentleman to bear with me.

I say to the shadow Secretary of State that the content of this legislation was set out a significant period of time ago. This has not been an emergency piece of legislation; in fact, it is very welcome that this is one of the first pieces of legislation dealing with Northern Ireland that has not been emergency legislation. The debate on the final stages of consideration of Lords amendments was timetabled for today some time ago, although I do concede that the amendments are landing in a period of political turbulence. It is worth remembering that Ministers remain in place, however, and the Assembly continues to sit and can make progress even in the context of the withdrawal of the First Minister and the consequential lack of a Deputy First Minister. My right hon. Friend the Secretary of State issued a written ministerial statement on Friday calling for the DUP to reinsert the First Minister and get the Executive fully back and focusing.

My right hon. Friend the Member for Skipton and Ripon (Julian Smith) has rightly taken a huge interest in all this, not least because he was the author of New Decade, New Approach. On the question of the responsibility of ownership of the protocol and the checks, the operation of checks at the port is clearly a matter for the Northern Ireland Executive. The protocol is the consequence of an internationally negotiated treaty, which is a responsibility of the United Kingdom Government as a whole. As he will understand, given the live court proceedings I am slightly constrained from saying too much more than that, but we were certainly not seeking in any way to abrogate responsibility.

I want to pick up on my right hon. Friend’s point about charities. Yesterday afternoon, I was in Belfast Cathedral, St Anne’s, as a guest of the Dean. I had gone before Christmas to join the collection of the Black Santa appeal, and I was there yesterday when those involved revealed that they had raised more than £150,000. Many of the charities who will benefit from that want the restoration of stable power sharing and a stable approach, as do the other people I met during the last few days in Northern Ireland.

[Jim Shannon]

Does the Minister of State accept that the people of Northern Ireland think they have been in a “call waiting” queue since 1 January 2021? They feel that their opinion has been undervalued and their voice has not been heard. Will the Minister give a commitment to ensuring that the Northern Ireland protocol is done away with, article 16 is initiated and the voice of the people of Northern Ireland is heard in this House and across the whole of Northern Ireland?

[Conor Burns]

I gently say to the hon. Gentleman that article 16 and its triggering and doing away with the protocol are not the same thing. Triggering article 16 is a provision of the protocol; it does not remove the protocol.

I say to my right hon. Friend the Member for Lagan Valley (Sir Jeffrey M. Donaldson) that we understand the destabilising impact of the protocol. The Government remain absolutely committed to resolving the issue of the protocol, the writing of which, by the way, recognises Northern Ireland’s integral place in the internal market of the United Kingdom. I visited a shop in Lisburn before Christmas and was told that it had had to reduce its range of shortbread, because shortbread now requires a veterinary certificate as a result of the butter content. That was clearly not what we signed up to when we agreed to the protocol.

My hon. Friend the Member for North Dorset (Simon Hoare), the Chair of the Northern Ireland Affairs Committee—I will be very nice to him, because I am giving evidence to the Committee tomorrow—tempts us to legislate beyond the scope of what is in New Decade, New Approach. We have very deliberately decided to stay within the scope of what was agreed, because it was agreed by the political parties. That is certainly not to say that some of his suggestions are not without merit.

The hon. Member for Foyle (Colum Eastwood) talked about the divided nature of society in Northern Ireland. I have to say—I say it in affection—that I think it was slightly superfluous of him to reassure and remind us that he was not a Unionist. He did say that this was all about the build-up to the election, and there was a bit of electioneering in the air, but I suppose that is understandable.

In the moments left to me, let me say that I returned this morning from five nights in Northern Ireland. I bookended my trip with a visit to Clonard monastery on the Falls Road, where I listened to an engaging talk with the Northern Irish boxer Carl Frampton, and with a moving service yesterday at St Matthew’s on the Shankill Road, with a sermon from the Archbishop of Canterbury—all part of the 4 Corners festival, bringing together all that unites Belfast and, indeed, wider Northern Ireland—led by Father Martin Magill, a Catholic priest on the Falls, and the Rev. Tracey McRoberts, a Protestant clergywoman on the Shankill. I met businesspeople yesterday afternoon in Lisburn. I met a victims’ group in Fermanagh. I talked to Ards, Banbridge and Craigavon council about levelling up. I went to the Ulster museum, where I saw the silent testimony of “The Troubles and Beyond” exhibition, a powerful and stark reminder of what happens when society in Northern Ireland goes backwards. These are modest proposals that improve the governance and flexibility in Northern Ireland, and I commend these amendments—

Northern Ireland (Ministers, Elections and Petitions of Concern) Bill

Jim Shannon Excerpts

Report stage & 3rd reading
Tuesday 26th October 2021 Commons Chamber

[Simon Hoare]

All I will say to the hon. Gentleman is that I was not privy to those discussions, but we are where we are. We must realise that things have clearly moved on. The operation and reform of the protocol is sitting here like an elephant in the Chamber, but it speaks to my point that the workable delivery of devolution should not be used as a plaything for other issues.

That takes me to the point that the hon. Member for North Down made about democracy. We cannot have a functioning democracy in these islands that is effectively based on the Henry Ford model of selling a car. Henry Ford used to say, “You can have any colour as long as it’s black.” We cannot say, “You can have as many elections as you like as long as I turn out as the winner. If I don’t—if the public have spoken and I haven’t been successful—I won’t accept the result. I will tear the edifice down,” in some sort of democratic political toddler’s temper tantrum. That is not how we do it. Democracy only works when all of us who win take up the weight of winning with responsibility and those who lose accept that they have lost and somebody else has won. If people do not abide by that simple equation, that is not democracy, and that should cause us all considerable concern.

My final point, echoing what the hon. Member for North Down said, is that in the system that we have for sorting these things out, the language that is used—“Unionist”, “nationalist” and “other”—may be past its sell-by date. It hard-bakes into the language and the systems a previous age. It does not reflect Northern Ireland as it is today. This is not the time for it, but I agree with the hon. Gentleman that at some point in the not-too-distant future, serious, considered, sober thought needs to be given to how these issues are addressed in order to present Northern Ireland to the rest of the world, and to the rest of the United Kingdom, as it is today and not as it was 20 years ago, or 40 or 50 years ago. We need a contemporary review of that in order to ensure that it is fit for purpose.

My cri de coeur is for all parties to understand that devolution, and its delivery of public service and improvement of life for those who live in Northern Ireland, is not something to be taken lightly. It is not a plaything to be kicked around for cheap party political points.

[Jim Shannon (Strangford) (DUP)]

It is always a pleasure to speak on any issue in this House, but particularly on issues to do with Northern Ireland. I welcome the Minister of State, the right hon. Member for Bournemouth West (Conor Burns), to his new role and wish him well. He rightly came to see the No. 1 constituency in Northern Ireland, Strangford, before he had seen anywhere else. We are very pleased to have had the opportunity to have him there, and we wish him well in his role.

As always, the debate has been clear, and my party’s reasoning has been clearer. I am not enamoured with the form of government in Northern Ireland, and I do not believe that it can or does work, as has been demonstrated very clearly over the last couple of years. I absolutely believe in the right of this place to govern and legislate. However, as my colleagues have said, this is a matter that should be debated in the appropriate forum and not tagged on to this Bill. The Assembly and Executive Review Committee at Stormont is the mechanism to do that.

It grieves me that decisions were made in this place when they should have been made through the Northern Ireland Assembly, and I want to put that on the record. That leads me to an issue that I feel must be highlighted again: this Bill aims to secure a working Assembly with the best mechanism possible, yet it seems that this House interferes at will when public opinion calls for it. That must come to an end. It is time that this place gave the Northern Ireland Assembly the authority to make decisions.

During covid, despite discussion of an abortion Bill, this Government determined that they would bring in abortion in Northern Ireland in the most open way not just in the UK but in all of Europe. Along with colleagues, I strongly resented that, and I still resent it. We now face this Government acting on the NDNA deal, but only when it comes to the Irish language. With great respect to the hon. Member for Foyle (Colum Eastwood), for me this issue is as clear as a bell. The rest of the important provisions, such as health and education, on which there were goals and aims, have been left to trickle through, yet the Irish language is to be given priority by this place.

As my party’s health spokesperson, it concerns me greatly that across Northern Ireland, in a post-covid world, the waiting time for an urgent hip replacement is upwards of five years, for cataract surgery it is upwards of four years, and breast reconstruction for breast cancer survivors is years down the line, with no date whatsoever. I have talked to some of my constituents back home who are fluent and interested Irish language speakers, and they tell me that they want to see priority given to issues such as health and education, to ensure that they are addressed first. I am not sure that the people of the Province believe that the Government should step in and fund these measures.

There are children out of education. There are many schools in my area that are awaiting refurbishment or rebuilding, and that cannot get the support they need in the form of classroom assistants. There is a big issue, too, with assessment for those with attention deficit hyperactivity disorder and autism. We get referrals every day of the week for those things. There is a generation of children who have had the option to learn music stripped from them, as budget slashing has meant a choice between culture or a teacher.

Those are real issues that impact every one of my constituents, whether they are Unionist or nationalist, whether they are in favour of the Irish language or against it. Those are the issues that people tell me clearly that they want to see addressed. I resent that priority has been given to one aspect of the NDNA over the life-changing aspects, and I urge the Minister to allow the Assembly to carry out its duties according to priority and not political machinations.

I understand the need to support the measures before us today, but I must put on the record my concerns about the prioritisation of some of the spending that the Government have looked towards. Clearly, we should be spending more on policing, because we need more police officers on the streets across Northern Ireland. We have a dearth of them at the moment. The training college is turning out as many as it can as quickly as it can, but the places of those who retire are still not being filled. Improvements need to be made in health, education and policing, and that is where I would like to see the focus.

At the same time, I urge the Government to do the right thing and allow the Assembly to prioritise need over wish and people over politics, and to make our own determination on Northern Ireland issues. I believe in devolution; I always have. I want the devolution that we have in Northern Ireland to achieve something. History has shown that direct rule is not beneficial for the people of the Province. I will therefore support the Bill, hoping against hope that Lord Frost will achieve what he sets out to achieve and ensure that Northern Ireland stops being a third country to the UK and is accepted as an integral part of it.

The next step will be asking the Government not to treat the Assembly as a local council with minor responsibilities, but to allow it to take tough decisions in a democratic manner. I believe that is the foundation of the Bill, and that is why I will support it, but I say to the Minister—I hope that he will respond—that there are priorities that need to be addressed first. I think we all realise that, and my constituents tell me that. Health, education, the economy and policing are where spending should be prioritised—not the Irish language.

[Alex Davies-Jones (Pontypridd) (Lab)]

May I take this opportunity to welcome the Minister of State, the right hon. Member for Bournemouth West (Conor Burns), to his place? I thank his predecessor, the hon. Member for Worcester (Mr Walker). He and I enjoyed a very cordial relationship, and I hope that the right hon. Member and I can continue in that fashion for the people of Northern Ireland.

I rise to speak to amendments 6 and 7 in my name and that of my hon. Friend the Member for Sheffield, Heeley (Louise Haigh). The instability in recent months has been unsettling for all of us who cherish the Good Friday agreement and believe that its institutions and the principles that underpin it represent the best way forward for Northern Ireland.

As ever, however, that instability has been felt most keenly by the people of Northern Ireland. It is clear that they need a stable, functioning Executive to meet the enormous health and economic challenges facing Northern Ireland. Indeed, as we have heard, a third of the entire population are languishing on health waiting lists, nearly 300 children are without a post-primary place for next year, and of course recovery from covid remains ongoing.

For all political leaders in Northern Ireland, a stable, functioning Executive must be the priority in the coming days and weeks. We welcome attempts to safeguard power sharing and improve the sustainability of the Executive and the Assembly. The lessons of the past should offer a clear warning to all of us. Institutions are much easier to collapse than they are to get back up and running. Recent events could scarcely have provided a clearer example of why the provisions contained in the Bill are necessary. It is partly for that reason that the Labour party supports the measures contained in the Bill, although we are deeply concerned that the Secretary of State has stalled on the legislation for so long that it will not now be in a position to be a useful tool in the difficult weeks and months ahead.