Northern Ireland Troubles Legacy Debate
Full Debate: Read Full DebateJulian Lewis
Main Page: Julian Lewis (Conservative - New Forest East)Department Debates - View all Julian Lewis's debates with the Northern Ireland Office
(1 day, 14 hours ago)
Commons ChamberI am right—one of my predictions has come right any way. But that prosecution is for alleged involvement in the murder of two Ulster Defence Regiment soldiers in 1972, not his involvement in the Hyde Park bombing, in which he was ruled, by the way, to have been an “active participant” in a civil case, so we know that background. For those 1972 murders, it has been six years since charges were brought, and little or no progress has been made since then.
The Government—quite properly—make much of the rights of victims, as do I. That has been part of my life in Parliament. But what of the rights of Squadron Quartermaster Corporal Roy Bright, Lieutenant Dennis Daly, Trooper Simon Tipper and Lance Corporal Jeffrey Young? All were killed in the Hyde Park bombing. All had their rights explicitly destroyed.
Let us be frank about the collective effect of those Blair-era concessions: 483 terrorists released from prison early, at least 16 granted mercy—granted effective pardons—and at least 156 letters of comfort. Taken together, that is at least 655 people given some form of legal or administrative protection. I say again that it is “at least” 655 because, frankly, successive Governments have been deliberately obtuse in how they publish those numbers. I suspect the number is significantly higher, but 655 is what we know.
Yet one of the primary defences of the Government’s new legislation put up by Government MPs in that Westminster Hall debate was that the “only thing” granting immunity to former members of the IRA is the previous Government’s Northern Ireland legacy Act. It is just ridiculous. Terrorists killed over 3,000 people during the troubles. As far as the House of Commons Library can establish, there were no convictions for troubles-era violent offences after the Good Friday agreement during the entire period of the Blair Government. That is what they tell me—none. I could not find any either.
The vast majority of those 3,000 troubles-era killings remain unresolved, with no one having faced justice. Since those so-called “non-amnesties”, very few people have been convicted. Again, the Secretary of State said in the Westminster Hall debate that five convictions have been obtained for terrorist-related offences connected to the troubles since 2012—presumably under the Conservative or coalition Governments of that time. He did not name the cases, and I would like to see the details of those cases published so we can actually understand what has happened here. Are these dissident republicans? Are they loyalists? What are they? That is just so we know what has actually happened here. In any case, there have been five convictions for 3,000 killings, and the Government are trying to maintain that there is no amnesty—really?
To ensure that no prosecutions could effectively be brought against the IRA, the Blair Government also agreed during the Good Friday agreement that none of the decommissioned IRA weapons could ever be used as forensic evidence in any future trial. Of course, there are not many witnesses in a trial about Northern Ireland terrorism—that is a fast way to the grave—so forensic evidence is critical, and it was all ruled out of order.
For those few successful convictions since 1998 that the Secretary of State referred to, what is their punishment? It is limited to two years because of the Blair-era Northern Ireland (Sentences) Act 1998—two years for mass murder? Instead of seeing terrorists face justice, we see veterans being hauled before inquests decades after the fact.
May I take this opportunity to point out something that the Defence Committee discovered in its investigation of these matters in 2016 to 2017? The maximum of two years actually spent in jail, no matter how horrendous or multiple the murders, also applies to British service personnel. The argument is put forward that victims wish to see justice attributed and punishment given out, but everybody involved in the killings receives a disproportionately light sentence, so there is no justice of a retributive sort in any case.
My right hon. Friend makes a good point. I had forgotten about that report, but I did see it when the Committee published it under his chairmanship.
Instead of seeing terrorists facing justice, we see veterans being hauled before inquests, decades after the fact. That is a problem in part because inquests in Northern Ireland differ in two critical respects from those in the rest of the United Kingdom. The first difference arises from a deliberate decision taken by the Blair Government. Article 3 of the Victims and Survivors (Northern Ireland) Order 2006 changed the definition of “victim”. It ruled anyone affected by the troubles—through loss, trauma, or injury—would be classed as a victim. That means that a proven murderer killed in an attempt to carry out another murder is still classified as a victim. I know of nowhere else in the world where the law treats killers as victims.
That is still relevant. In September, the Democratic Unionist party—sadly none of its Members are present—used a motion in the Northern Ireland Assembly to try to restore some moral clarity by adding the word “innocent” before “victims”. What did Sinn Féin do? It opposed the motion and removed the word “innocent” from before “victims”. Why? Because the word “innocent” exposes the truth; it draws a line between terrorists and their victims. “Veterans” and “victims” are not mutually exclusive terms; “terrorists” and “victims” are.
Let us understand who these so-called victims are. At Loughgall—the greatest single defeat of the IRA by the SAS—eight heavily armed IRA murderers were stopped on their way to kill again. They and their weapons were implicated in at least 40 previous murders—and possibly more than 200, but it is very hard to pin that number down. Yet because of the Government’s proposals, and the Secretary of State’s promise to the sister of one of those IRA murderers, the soldiers who stopped them face being hauled before the courts, 30 years on, over an operation that prevented further bloodshed of innocent Northern Ireland citizens. The 2006 Order means that those dead terrorists are deemed to be victims.
And what do veterans face? A one-sided inquest, weaponised by Sinn Féin in its attempt to rewrite history. Veterans—many of whom are in their advancing years—are dragged to the witness box. They are made to sit opposite the families of IRA killers—men who died while attempting to maim and kill the innocent. The atmosphere is not one of an impartial inquiry.
I have spoken to a number of veterans, including one in particular who voluntarily attended the Coagh inquest to give evidence. He could not answer some factual questions—he did not know the answers—so the coroner put to him a hypothetical question to get him to answer a hypothetical version of the truth. The veteran declined, quite reasonably, to answer hypotheticals—that was not why he was there. In response, the coroner got “very cross”—the veteran’s words—raised his voice and threatened the veteran with contempt of court. The man was, at that point, a voluntary witness—not any more. He was so disgusted by the process that he will now only give evidence under subpoena; he will not volunteer again.
In mainland Britain, inquests exist to establish the facts, and at the first suspicion of unlawful killing, they are required to stop and pass the evidence to the Director of Public Prosecutions. In Northern Ireland, inquests have all too often sought to assign blame—all funded by a legal aid machine putting huge unjustified costs on the taxpayer. Just last month, a judicial review against a soldier who shot one of the terrorists at Coagh was robustly dismissed by the judge, who noted the
“ludicrous nature of this challenge, funded as it is by legal aid.”
I have never heard a judge be so critical of the award of legal aid, but plainly he thought this was ridiculous—ludicrous, in his words.
Under the Government’s new legacy proposals, our veterans will remain subjects of suspicion and victims of this vexatious lawfare machine.