Clonoe Inquest

Julian Lewis Excerpts

Wednesday 2nd April 2025 Commons Chamber

[Hilary Benn]

I expressed that view to the veterans I met this afternoon, when I thanked them for their service in the most difficult and dangerous circumstances. The right hon. Member invites me to do that this evening, and I readily do it, because they were seeking to protect the citizens of the United Kingdom, including of Northern Ireland, in the face of terrorism and terrorists.

As the right hon. Member for Goole and Pocklington pointed out in his speech, the terrorists were responsible for the vast majority of deaths. However, I would add that many of them were prosecuted and convicted—paramilitaries on the republican side, and also those on the loyalist side who were also guilty of the most appalling crimes. As was pointed out, part of the price—in my view, rightly paid—to enable the Good Friday agreement to succeed and to bring the extraordinary peace and prosperity Northern Ireland has seen in the almost 27 years since, was the release of prisoners, which was really, really difficult for many families to accept, to understand and to cope with. I would also point out that, in recent years, a number of republicans have indeed been prosecuted—in fact, more republicans have been. I think I am right in saying that there has been one conviction in the last 12 years of a soldier who served there, and that was a suspended sentence.

The right hon. Member for Chingford and Woodford Green (Sir Iain Duncan Smith) mentioned the case of Robert Nairac. The right hon. Gentleman will be aware that the Independent Commission for the Location of Victims’ Remains, which does such an important job to try to reunite the remains of loved ones who were murdered by the Provisional IRA with their families—although Robert Nairac’s parents are dead, I think he has other living relatives—has made two recent attempts to find his remains, on the basis of information it has received. I am very sad to say that so far that has not proved possible, but I hope that those who have information, and who have enabled the ICLVR to find the remains of a number of people and return them to their families, will continue to provide information to that body so that it is able to recover those remains.

As the Secretary of State, it is my job to ensure that these concerns and perspectives are heard, alongside other views expressed by a range of parties who also want to see, in their own way, a resolution to the complex troubles that happened and the issues that remain outstanding. I am thinking in particular of the many families I have met since taking up the post who have said to me, “We still do not know, decades later, what happened to our loved ones who were killed.” They carry that trauma with them to this day. Therefore, the Government are absolutely committed to trying to develop legacy mechanisms that are compliant with human rights—I stand with the right hon. Member for Goole and Pocklington in my support, and the Government’s support, for the European convention on human rights—and that can command a degree of public confidence across communities in Northern Ireland and Great Britain.

I will just say this about the approach the previous Government took. It caused, self-evidently, immense difficulties, including numerous findings of human rights incompatibilities and therefore an erosion of trust in the Government’s ability to address these issues fairly.

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

May I remind the Secretary of State that, at a hearing in 2017, the Defence Committee took evidence from four distinguished professors of law, including Philippe Sands, with whose work he is no doubt very familiar, and they made it very clear to us that in principle there was nothing illegal about having a statute of limitation, provided that it was accompanied by a truth recovery process? That met the requirement of avoiding the otherwise illegal act of giving impunity for crimes committed. The Secretary of State says that there were technical problems with the previous legislation that rendered it in some respects illegal, but will he not accept that the persecution of elderly veterans—which cannot, in the end, lead to anyone spending more than two years in prison anyway, given the Northern Ireland (Sentences) Act 1998—will continue unless and until some form of legislation is put back in place to draw a line under prosecutions and to fulfil the other part of the requirement by a truth recovery process? Whatever he thinks about the specific legislation they are repealing, will he not accept the principle that that is the only way to protect people against this form of legalistic persecution?

[Hilary Benn]

I would say to the right hon. Gentleman, first of all, that there were not technical problems with the legacy Act; there were many legal problems with the legacy Act. It is the Government’s position, and I think it is the position of the right hon. Member for Goole and Pocklington, that we uphold the European convention on human rights. I have said from the beginning that I am determined to ensure that the legacy mechanisms, in the form that they are brought before the House, are compliant with the European convention on human rights. There are plenty of examples of other people in other countries who do not abide by the European convention. In my view, it is a very important foundation of our liberties and our protection. There are legal problems with the legacy Act, not technicalities, if I may say so.

I also point out to the right hon. Gentleman that the idea of immunity from prosecution was also opposed. I have met one family of a soldier who was murdered by the IRA who were outraged by the idea that his killers should get immunity under the legislation the previous Government passed.

[Sir Julian Lewis]

I am very sorry, but that answer did not address the question of principle. The fact is that, unless the Secretary of State’s chum, Professor Sands, and three other equally distinguished professors of law were mistaken, there is no reason in principle—regardless of how flawed he, and the courts, even, may think the previous legislation was—that we cannot have a statute of limitation to put an end to these prosecutions, coupled with a truth recovery process. Of course, it will always be possible to find someone who wants the other lot prosecuted but not their lot, but it is the job of Government to cut through that and do the right thing, as Nelson Mandela did so effectively in South Africa.

[Hilary Benn]

I am not familiar with that particular bit of evidence. The right hon. Gentleman cites one group of lawyers who hold one view, but it will not surprise the House if I say that it would be possible to find another group of lawyers who hold a different view. The purpose of the courts is to adjudicate between the various arguments that are put and reach a decision, and we respect the judgments of the court. It is not possible to have a legal system or a coronial system where we get all the verdicts we like and we are guaranteed to never get verdicts we do not like. The fact is— [Interruption.] We have appealed some aspects of the judgments. The Government came into office committed to removing conditional immunity because we thought it was wrong to give terrorists immunity from prosecution for the crimes they have committed.

I would also say to the right hon. Gentleman that the truth is that the prospect of prosecutions is diminishing with each passing year. Many of the families that I have met recognise that no one is going to be held to account for what happened to their loved ones—they just want to find the answers.