Northern Ireland Troubles (Legacy and Reconciliation) Bill Debate
Full Debate: Read Full DebateJohnny Mercer
Main Page: Johnny Mercer (Conservative - Plymouth, Moor View)Department Debates - View all Johnny Mercer's debates with the Northern Ireland Office
(2 years, 5 months ago)
Commons ChamberI 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.
Is that not precisely the point of what the Government are trying to do—to act in the art of the possible? Everybody would like every single crime to be punished and all perpetrators to be held to account, but that process has been done to death over 25 years and it has not produced results for the victims.
My hon. Friend is absolutely right. If the mechanisms currently in place were working and delivering, we would not be bringing this legislation before the House. As my right hon. Friend, who has joined me on the Front Bench, and I have acknowledged on multiple occasions, this is not a piece of legislation that we are heralding; it is an attempt to try to make things better in Northern Ireland by trying to bring a degree of information to those who simply want to know what happened to their loved ones.
I am very grateful to you, Dame Eleanor, for calling me to speak. I listened carefully to the Minister’s expansive oration, and I am grateful to him for taking the time to make it. Obviously, the issue that is vexing the Committee the most relates our amendment 115, which I shall come to towards the end of my comments. I look forward to any debate around the amendment and hope that I can answer some of the questions that have arisen on it.
The test of a way forward on legacy issues is that it must provide more benefit for victims than for perpetrators of terror. Labour opposed the Bill on Second Reading because it fails that test. Today in Committee we are dealing with part 1 of the Bill, which defines the troubles, and part 2, which contains clauses on how the independent commission for reconciliation and information recovery will work.
As we consider this legislation, we cannot overstate the importance of the task before us. The legacy we are talking about is the deaths of more than 3,000 people during the troubles in Northern Ireland, across Great Britain and in Ireland, and thousands more who were injured. Among those were 722 service personnel who were killed by terrorist actions. I put on record once again that we cannot forget and we remain grateful for their service.
The hon. Gentleman mentions that victims are at the centre of this, and that is right, but I hear repeatedly that when that is said, veterans do not get mentioned. Can he clarify to the Committee and to me where veterans sit in this and where their concerns are based? Ultimately, that is why we are here. We have reached the point, 25 years down the line, where this process is not working and we must find a way of bringing fairness to it. Where do veterans sit in his thinking on what he would do in this process?
I am grateful for the hon. Gentleman’s intervention, as always. We recognise that service personnel were victims too, including the 722 service personnel killed by terrorist actions during the troubles. I put on the record yet again that we cannot forget the service they provided. They must have justice. Many of them and their families remain without the justice they deserve.
I urge the hon. Member not to take the advice of just one or two members of Parliament from Northern Ireland. I suggest that he listens to all of them, and to every victims group and the Northern Ireland Human Rights Commission, because there is unanimity. We are not freelancing to make political points; we are trying very hard to be constructive and to give voice to something that will deliver the justice that we need.
On that note, I am pleased that the right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) is here, and I hope that his need to have a cup of tea at some point will not prevent him from waiting until I address some of the issues that he raised in his interventions. I know that our proceedings are lengthy.
I support amendments 97 and 98, which would raise the bar for immunity; that is something that concerns the Committee. We will also vote with parties that seek to remove clause 18 from the Bill, as there has been no compelling argument for how the proposed immunity will lead to new information.
For the Labour party, the Belfast/Good Friday agreement is one of our proudest political legacies. We did that with many other parties, working constructively through that process. We understand, deeply, that compromise is the only path to progress in Northern Ireland, but we have seen no sign from the Government that they are willing to listen to those who oppose this Bill. I remind the Committee that among the opponents are every one of the Northern Ireland parties, all victims groups and the Northern Ireland Human Rights Commission, which, incidentally, was established as part of the statutory outcomes of the Good Friday agreement.
The Government claim they are seeking to achieve reconciliation in Northern Ireland with this Bill, but the simple, inconvenient truth is that reconciliation cannot be imposed; it is built with painstaking effort, respect and an unwavering commitment to listen to all sides.
The hon. Gentleman is absolutely right. All the parties in Northern Ireland oppose the Bill, and that is respected. I will speak later about the 25 years that have elapsed in which other and better ideas that might have brought happiness could have been implemented. We talk about Tony Blair, his Government and the 1998 agreement, which everybody recognises is a huge piece of work. Jonathan Powell, who had a huge part to play in that, endorses these plans. What, therefore, would the shadow Secretary of State say to Jonathan Powell?
I have spoken to Jonathan Powell, who is, of course, always worth listening to on such issues. The hon. Gentleman says that Jonathan Powell endorses the plans, but I do not think that he endorses the Bill wholesale; he has concerns too. Like Tony Blair and others who participated in the lead-up to and signing of the Good Friday agreement, he is desperately keen for progress. They also recognise that not everybody can be satisfied by the Bill, but I think that more people can be satisfied by it than is currently the case—that is what we aspire to.
Most importantly, the Government need to listen when people tell them that they have got it wrong. In recent weeks, Ministers have gone to great lengths to highlight the necessity of cross-community support in Northern Ireland when it comes to the protocol, yet the Bill has achieved cross-community opposition. The Government cannot have it both ways: either consent matters or it does not.
Since Second Reading, the Northern Ireland Affairs Committee has held evidence sessions. People whom the Government should have consulted on the Bill prior to its publication have had to say that, regrettably, it just does not work. That includes the Northern Ireland Human Rights Commission and the Northern Ireland victims commissioner. That would force most Governments to reconsider their proposals to address such a sensitive issue, and to look at amendments that could be brought forward to address any concerns. We have seen none of that, however. The Government’s reckless single-mindedness shows its face again.
The Government must be aware that the lack of real prelegislative scrutiny and consultation, and the Bill’s rushed journey from publication to Second Reading, undermines its ultimate aims. The process has damaged trust in the investigative body before it has even been established. Alyson Kilpatrick, the chief commissioner of the Northern Ireland Human Rights Commission, does not believe that the Bill can be made compatible with our human rights commitments. On 7 June, she told the Northern Ireland Affairs Committee:
“I am very sorry to say, because I want to be constructive, that I certainly cannot see a way in which this Bill can be made compatible when taken as a whole. One cannot simply pick out bits and pieces. You have to see it in the context of the whole Bill, what led up to it and the absence of any democratic accountability, public support or political support for it.”
I also put on the record the words of David Clements, whose father was an RUC reserve constable serving in the station at Ballygawley, County Tyrone, in 1985. He was off duty with a colleague and was opening the security gates when IRA gunmen stepped out from the shadows and shot both of them in the head. As David’s father lay dead, the gun was taken from his body. Three years later, three other men were murdered with it. David has actively supported victims and survivors over many years since his father’s murder. About the Bill, he said:
“No one was ever charged for my father’s murder—though I have some reasons to believe that at least some of those responsible for his death were later themselves killed in Troubles related shootings. I recognise that discovering the whole truth about my father’s murder and anyone ever being held to account may now be almost impossible, but what I find hard to swallow is for this process to legislate that slim hope into an…impossibility”.
There is a real fear among victims that the Bill will not deliver them information.
I am grateful to the hon. Member.
This Committee stage highlights the fact that there is a strong body of opinion in Northern Ireland that this Bill is irredeemable, that it should not progress and that it has no support among politicians or victims’ groups in Northern Ireland. The SNP spokesperson right crystallised that opinion, and said that his party had decided not to participate in amendments.
I stand here as a member of a party that has tabled scores of amendments in the hope that we can get this Bill to a better place. But I recognise that, for many at home, this is not a comfortable place to be. Without reiterating the comments made on Second Reading, I say that this Bill, whether it will affect a small number of people or a large number, is a true corruption of justice. The very idea that, under schedule 11, as the hon. Member for Bracknell read out, somebody prosecuted for heinous terrorist offences would serve no time in prison whatsoever for a prosecution arising either because that person has chosen not to give any information to victims’ families and stays outside the process, or because they engage in the process in an untruthful and dishonest way, is an affront to justice.
How would the hon. Member describe the 1998 agreement that let murderers out having served two years? Would that be a corruption of justice? Would that be an affront to justice? And—
Absolutely. I am very grateful to the hon. Gentleman. Let me make this point: we are not going to get unanimity of opinion on that issue from people in Northern Ireland. The Democratic Unionist party did not support the Belfast agreement. One of the strong reasons was the corruption of justice and the denial of rights to victims who saw the perpetrators walk the streets.
I am grateful to be called in this incredibly important debate. I had a speech prepared about the usual things that I have bored everyone about for many years, but instead I will address some critical points that have been advanced by hon. Members—particularly on the Opposition side of the Committee, but some on the Government side too—about their concerns with this legislation.
It is important to remember that those who oppose the Bill have genuinely good intentions, as has consistently been the case since the Bill was announced. I understand what has been said, particularly on the issue of rape, which is an incredibly difficult subject to legislate on. It is also difficult to talk about whether it should be on the face of the Bill. When I oversaw the passage of the Overseas Operations (Service Personnel and Veterans) Act 2021, we encountered that exact problem. Clearly, everyone finds the use of rape in war, Northern Ireland or wherever it may be completely abhorrent, but the issue is what it looks like politically if the Department does not put it on the face of the Bill. That is where it needs to do a bit of work. I understand why it has not done that, but in my experience it is worth having those conversations to see what can be done to ensure that hon. Members and those who will use the Bill are under absolutely no illusion as to its reach and extent.
The problem that the Department faces is that if rape and then sexual assault are on the face of the Bill, what makes up sexual assault and what was sexual assault in the period of the troubles? It becomes increasingly difficult to define those offences. It is important to have such debates, and I hope that the Government will work to change their position on the legalities of what is in the Bill so that people feel comfortable, but hon. Members should not demonise those who think, as I do, that the Bill should go through to the Lords as it is. We should talk about the amendments when it gets down to that process and send it through unamended today, even though there is a particular issue around this crime that we all agree is abhorrent.
I totally understand why the Northern Ireland parties oppose the Bill, and why the DUP opposed the Good Friday agreement. Nobody on the Government side of the Committee wants anybody who has committed an offence, whether they were in uniform or a paramilitary, to get away with that—nobody wants that at all. If people ask me what I want from the Bill, I say that I want justice, fairness, and anything that brings a degree of peace and an ability to live on past the troubles to come forward.
The problem is that we have to deal with the world as it is, not as we want it to be. My hon. Friend the Member for Basildon and Billericay (Mr Baron) said that we should not make the perfect the enemy of the good, and that was raised as a bad thing, but that is what we are here to do. I totally understand where the Northern Ireland parties are coming from, and this has been an educational journey for me as well. We have had some pretty feisty debates in this place, and I totally understand where those on all sides in the debate are coming from in Northern Ireland. The only problem I have is that, as politicians, we have to be pragmatic and we have to work in the space of what is physically possible.
I would, I suppose, have more time or more understanding for the argument that we have to try these different things if we were not 24 years on from the Good Friday agreement, and individuals such as Dennis Hutchings, who did nothing wrong and was never convicted of any offence, are repeatedly dragged over to Northern Ireland—he eventually died in a hotel room on his own in Belfast—because we have not been pragmatists. We have all been idealists, because we all want the perfection of a clear result in relation to what was an incredibly difficult period in Northern Ireland, but it is just not possible to achieve that.
I thank my good friend very much for allowing me to intervene, and I totally endorse what he has said. Those of us sitting here utterly understand how awful it is, and we totally understand why the parties in Northern Ireland cannot accept allowing people to get away with it. I feel the same, and when I vote tonight I will be using quite a long spoon because I totally understand where they are coming from. It hurts me, too, that anyone might get away with cold-blooded murder.
I thank my right hon. and gallant Friend for his intervention, and I pay tribute to his extraordinary service in Northern Ireland in some of the most appalling atrocities of that conflict.
That is a really important point. We think about the mother of Stephen Restorick, a lance bombardier from one of my regiments, who was the last soldier killed in the troubles in Northern Ireland. He was asking for the driving licence of a lady passing through his checkpoint, and she said, “All I can remember about him was that he was a beautiful boy, and his smiling face as he leant down to the window to take the driving licence”, when he was shot in the back by a sniper. No planet exists where people such as me, from exactly the same organisations, would want an individual who had committed that to be released.
The individual who did it was convicted and sentenced to 490 years, yet was released under the 1998 Good Friday agreement. There is no comparison here. My friends from Northern Ireland live over there in their communities, but the truth is that pragmatism has to win—it has to—because to continue doing the same thing and expect it to be different is a definition of insanity.
I have not seen anybody else in the Committee sit through such trials in Northern Ireland, but I have seen the absolutely ludicrous nature of them. We talk about victims. I know this will make me unpopular in some circles, but I actually feel sorry for a lot of the victims for being dragged down this pathway now. Everybody there knows that we will never reach the threshold for a criminal conviction, but nobody has the courage to say to them, “Do you know what? I’m so sorry, but this is unlikely to be successful so we have to take the next best option. The best option is that we find somebody and we put them in prison. I’m so sorry—and it’s the state’s fault, it’s lots of people’s fault; we didn’t investigate properly—but that is not an option. So you now have to deal in this space, which is the pragmatic space. What are you going to do? Do you want to know what happened to your loved one, and that they mattered, in their final hours—or do you want to continue to progress down this path where you will never get an answer?” That is my experience of dealing with victims, and I totally respect that other people have different experiences.
I am grateful to the hon. Member for giving way. I think he and I are two of the people who have some of these feisty exchanges that he talks about, and I will attempt not to be too feisty with him today. He has made it clear that he believes that there is no prospect of criminal convictions, and that those on this side of the Committee are appalled because people will get away with terrible crimes. Yes, that is one thing.
The other thing is that we do not believe the Bill will provide more truth or more transparency. We recognise that. By the way, we are very open with victims and all that, but we do not have to be because they are grown-ups. They have been doing this for a lot longer than any of us. They know the process, they know how difficult it is, and they would love convictions. In some cases convictions are possible, but in many they are not. But the very process of actually investigating, and having civil cases—that is what gets someone to the truth, and that is what the Bill will bar. That is the real problem behind our issue with the Bill, and the issue that every victims’ group I have met has with it.
There has to be a landing zone. We are never going to reach an agreement that allows us to adhere to those standards. The hon. Gentleman’s point about trust in the state is valid. When it comes first to opening the books—I have experience of this not only as a Minister, but when I served in secret organisations, and I know there is an attitude or appetite to overclassify things and so on. Families have really felt the brunt of that over the years, and if I was part of one of those families, I would be deeply mistrustful of the state. I totally get that, and the Department must work harder to bring that integrity to the process.
However, I do not think we should throw away what is probably the last chance to get this right—well, “right” is not really the word, because we are not going to make it right: we are not going to bring anybody back. But we have to get to a space where we can deliver something for victims and veterans. We talk about prosecutions, but there have been no successful prosecutions of security force personnel since the Good Friday agreement. That is a fact.
What these victims are looking for is not there. If it was there, I would be the first to champion it. People such as my right hon. Friend the Member for Beckenham (Bob Stewart) are absolutely repulsed by those who think that uniform is a place where they can commit crime. The idea that we would not want people who have done those things to be held to account is for the birds. People who promote that—I see it in Northern Ireland about me all the time, but I never respond to it because it is totally false. Nobody wants those people convicted more than those who served there and adhered to the standards, showing extreme courage.
I would be keen to hear which amendments the hon. Gentleman is supporting. He wants to get this right, but does he understand that one consequence of the Bill at Royal Assent is that, unless a decision has been made to prosecute by the Public Prosecution Service, the prosecutions lapse? There are 32 or 33 actual active files with the PPS as a result of Jon Boutcher’s Operation Kenova. Unless a decision is made now, or before Royal Assent, the prospects of live files will disappear.
That is a good example of technical details in the Bill that need work. Aspects of this do need work. I think I have spoken individually to everybody on the other side of the Committee who opposes the Bill, and I agree with their technical changes to it. The idea that immunity cannot be revoked, or that there is no real compulsion to get involved because of jail sentences—I do not agree with that. At the same time, however, I am not going to say, “Don’t vote for this Bill”, because this is it; this is as good as it gets. There is an opportunity coming down the line, when the Bill goes to the Lords, when things such as that will happen.
With deep reticence, because I think my good friend from the Opposition will give me an extraordinarily hard time.
I am absolutely not going to give the hon. Gentleman an extraordinarily hard time, and I thank him for taking the intervention. He may be right as a pragmatist—I am a pragmatist myself—to say that this is as good as it will get, but the families affected by terror incidents, including the incident I ran away from myself in Birmingham, do not think that his saying, “What you’ve got is as good as it’s going to get” is enough for 21 people lying dead with no justice. That is not good enough for them. On whether it takes them the rest of their lives, Julie Hambleton is in her fifties now. She has been doing it since she was 13—she is in for the long haul—and the reason she keeps going is that she believes in the British state.
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.
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.
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.
I will give way to my hon. Friend, then to the hon. Member, and then I will shut up.
Until the previous intervention, I was not entirely clear whether my hon. Friend was going to support the Bill; I am pleased that he will. He talks about seeing the world as it is—we all do that, and we have to deal with reality—but, as politicians, do we not have a responsibility to show some leadership and moral courage as well as appreciate that legislation is not always universally acclaimed? There are tough decisions to be made and, as a soldier, he will appreciate that.
We are here because over many years our predecessors looked at this issue and thought that it was too difficult. I focus on two groups: the victims, who have been dragged down the legal pathway; and veterans, for whom—I am sorry—the experience is equally unacceptable. I have seen 85-year-old men in court who needed a loo break every half-hour—they could not remember what happened yesterday—getting spat at on their way in. They were not guilty of anything. Their cases got thrown out and the judge said, “I can’t believe this has come this far.” So there are two sides to the ledger, and we are here because we have not had the courage to deal with the issue as we find it.
Like the hon. Member, I believe that, had there been action in the past, we may not have needed to be here today. He said that the search for truth by the families of victims is valid, but he also said that little can be done now. We recently had the Ballymurphy inquest, which came to a definitive conclusion and gave some truth to the victims’ families. On that basis, will he at least accept that getting rid of inquests would fly in the face of the interests of victims’ families?
This will be deeply unpopular on the Opposition Benches, but the reason we have inquests and they do not result in criminal convictions is that they do not reach that threshold. Obviously, the evidence is there in the inquests, and I do not decry them—they are very important—but they are not at the criminal threshold, which has driven the experiences of veterans and so on. Yes, inquests have made findings—they have found things around collusive behaviour—but they have never been proved in court. While people will have very strong views—I have seen that across the Committee—we have to go with what is proved in court. That is the lie of the land. Even cases that I cannot believe have not been prosecuted have not been proved in court. It is a desperately sorry situation for everybody—the victims, veterans and so on. While I understand the hon. Gentleman’s concern, I just do not see what good end point that achieves.
I understand that we must be open. The Department could be more open with this process than it is with inquests, because of all the legalities included in that. The idea behind this immunity from prosecution is that there could be total transparency. I accept that people think, “They won’t be transparent,” but what do we do? Do we just throw away this last chance—do we let these old guys die in a hotel room in Belfast and let the sectarianism continue, the protests outside the courts continue, the spitting at me when I walk in continue—or do we try to do something just a little bit different?
I have never asked for favours for anybody. All I have asked for is fairness—just fairness. There are some people you will never find me defending, because I have my own thoughts about it. All I have asked for is fairness, and I have been treated in a particular way in Northern Ireland. I just urge colleagues to think about the art of the possible. We all have a duty—to victims and to veterans.
As we all know, my hon. and gallant Friend has been a proud champion for veterans. He has probably accomplished more for veterans in his time than many other parliamentarians. But he is also very keen, when he needs to, to be critical and challenge the Government, so what he is saying this afternoon carries a lot of weight, certainly for me. Does he agree that this is about pragmatism and timing, and that the time is now? Does he agree that we have admired the problem for far too long, that we still have an opportunity, with the Minister in his place, to amend the Bill as we need to over the weekend, and that the Bill does need to pass?
I thank my hon. and gallant Friend for his kind words. I strongly agree with him that the Department needs to reflect on what has been said. I was a lone voice in opposing what came out from the Secretary of State for Northern Ireland in August. I pay tribute to him again, because many people—me, certainly, and the Opposition too—were pretty rude about him and rude to him about his proposals. He has had the courage to look at them. He wants to get this right. He has no skin in the game to do something that is going to divide communities and not stand the test of time.
I say to colleagues across the Chamber that there is a way around this rape-on-the-face-of-the-Bill stuff. I had exactly this issue with the overseas operations Bill. There is a way around it. We can deal with the legal language and make it really clear that that is not part of this.
I will keep it very brief. I commend my hon. Friend for his excellent speech, but may I suggest that what has been underplayed in this debate is the fact that for the victims, just knowing answers can help people move on? This is about justice, but it is also about providing and knowing answers, and we have not heard too much about that.
I will sit down, but my hon. Friend is right: it is about truth and knowing answers, and we really need to get there. I just urge pragmatism and courage in this space to get stuff done.
What would the hon. Gentleman say to the family of Dennis Hutchings in this situation?
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.