Northern Ireland (Executive Formation etc) Act 2019 Section 3(2)

Julian Lewis Excerpts

Monday 9th September 2019 Commons Chamber

[Julian Smith]

On my last visit to Derry/Londonderry, I spoke about the medical campus, and we are working to ensure that we do everything we can in the Northern Ireland Office to support it. Again, however, we need the Executive—Stormont—back up and running to make sure the money flows to that campus.

This Government are unequivocal in our admiration of the armed forces, who served with heroism and bravery to protect the people of Northern Ireland and whose sacrifice has ensured that terrorism would never succeed. The Government will never forget the debt of gratitude we owe them. Providing better support for veterans is a major priority for this Government, and the creation of the Office for Veterans’ Affairs is an example of the strength of our commitment.

I want to be clear: I absolutely recognise the sentiment and the principle underpinning these amendments, and I recognise the strength of feeling across the House on this matter. We have been clear that the current system for dealing with the legacy of Northern Ireland’s past is not working well, and this needs to change. As the Prime Minister said recently in this House, it is

“common ground”

across all Benches that it is simply

“not right that former soldiers should face unfair”—[Official Report, 25 July 2019; Vol. 663, c. 1467]—

and repeated investigations, with no new evidence, many years after the events in question. Two very important further amendments have been submitted, and I want to address these in turn.

[Dr Julian Lewis (New Forest East) (Con)]

I apologise for intervening so soon after entering the Chamber, but as the Secretary of State has just referred to my amendment, I will take that liberty. Will he just acknowledge one thing? When the Defence Committee recommends a qualified statute of limitations, in the absence of compelling new evidence, on the question of the pursuit of people long after the events concerned, does he accept that that is not the same as an amnesty and should not be ruled out in the same way as people do rule out an amnesty?

[Julian Smith]

I want to take care about prejudging the work that the Government have put in place, cross-Government. As my right hon. Friend is aware, the Prime Minister has set a new focus on this issue, and I am sure he will be inputting into that. I will be working, along with the Ministry of Defence and the Cabinet Office, to move that issue forward.

I absolutely recognise the sentiment and the principle underpinning the amendments on legacy, and I recognise the strength of feeling across this House on this matter. We have been clear that the current system for dealing with the legacy is not working well, and we will move forward in the ways I have discussed. While we want to find a better way to address these issues, to do so through the presumption of non-prosecution would pose a range of challenges and may not provide a complete solution to the issues at play.

A presumption of non-prosecution in the absence of compelling new evidence is likely to need to be applied to everyone involved in troubles-related incidents, including former terrorists. However, implementing these provisions would not remove the obligations under domestic criminal law and international obligations under the European convention on human rights for independent investigations of serious allegations. With regards to troubles prosecution guidance, hon. Members will of course be aware that criminal investigations are carried out independently of the Government. Prosecutorial decisions and the guidance that underpins them are devolved matters in Northern Ireland.