Northern Ireland Budget (No. 2) Bill

Karen Bradley Excerpts

Money resolution: House of Commons & 3rd reading: House of Commons & Report stage: House of Commons
Monday 9th July 2018 Commons Chamber

[The Secretary of State for Northern Ireland (Karen Bradley)]

It is an honour to follow the hon. Member for Belfast East (Gavin Robinson); he is always a profound speaker, and he captured the spirit today, and the whole Committee was, I think, enchanted by his contribution. I thank my right hon. Friend the Member for Sevenoaks (Sir Michael Fallon). His time as Secretary of State for Defence was more than distinguished; he was an absolutely superb Defence Secretary. He stood up for the armed forces and the military in a way that few could, and I want to put on the record how much I enjoyed working with him. I was once his Whip, and he was quite difficult to whip, I have to say, because he was very determined in what he wanted to achieve, but we worked together very well and managed to get some significant changes to legislation through, and I enjoyed working with him immensely.

I also want to put it on the record that this Government will always salute the tremendous heroism and courage displayed by members of the armed forces and the Royal Ulster Constabulary throughout the troubles in Northern Ireland. Operation Banner was the longest continuous deployment in British military history, lasting from 1969 to 2007. During that period, over 250,000 people served, more than 7,000 medals for bravery were awarded, and the RUC was collectively awarded the George Cross for valour. As I said to the annual Police Federation for Northern Ireland conference in May, without the contribution of our armed forces and the RUC, and—in so many cases, their sacrifice—there would, quite simply, have been no peace process in Northern Ireland. For years, they stood between the rule of law and the descent into anarchy, and by their actions ensured that the future of Northern Ireland would only ever be determined by democracy and consent, never by violence. All of us in this House and beyond therefore owe them an enormous debt of gratitude, something we must never forget.

We remember the more than 1,100 members of the security services who were murdered, and the many thousands more who were maimed or injured, physically and mentally. And as this Government have always made clear, we will never accept any kind of moral equivalence between those terrorists who sought to destroy the rule of law and the security forces whose job it was to maintain the rule of law.

We will also continue to reject any attempt to rewrite the history of the troubles in order to justify or legitimise republican and loyalist terrorism. Let us not forget the bare facts: 60% of deaths in the troubles were caused by republican terrorists; 30% by loyalist terrorists; and just 10% by the state, and the vast majority of those were entirely lawful.

For most of the period of Operation Banner, the role of the armed forces was to support the civil power in maintaining the rule of law against the terrorist threat. Northern Ireland was not an armed conflict, and we should be careful in the language we use to describe what was happening in a part of our own country. In upholding the rule of law, the armed forces were at all times required to operate within it while being fully accountable to it. This is what set them apart from the terrorists, who operated outside the law.

--- Later in debate ---

[Lady Hermon]

Will the Secretary of State put on record the Government’s admiration for the integrity and independence of the judiciary in Northern Ireland? As she will know, its members were often targeted. Some of them were murdered and many were injured, yet despite all the threats and the violence, they continue to serve Northern Ireland independently and with great distinction.

[Karen Bradley]

The hon. Lady alludes to one of the points that I am going to make later on my concerns about the amendment, but I am very happy to put that on record. I have met members of the judiciary in Northern Ireland, and it is an extraordinary experience to visit the law courts in Belfast and to compare the protection around those courts with what we have in Great Britain, where people can enter the courts freely, attend the public galleries and be part of the judicial process. I have seen the levels of security that apply in Northern Ireland precisely because of the level of threat to members of the judiciary that she has mentioned.

I shall continue with my point about the so-called on-the-runs. I want to be clear that, whatever its shortcomings, the scheme never amounted to an amnesty or to immunity to prosecution. All that the letters issued at the time stated was whether an individual was still wanted by the police on the basis of the evidence available at the time. This was confirmed by the independent inquiry into the scheme carried out by Lady Justice Hallett in 2014. In the case of the alleged Hyde Park bomber, the problem was that he was given a letter in error stating that he was no longer wanted, when in fact he was wanted by the Metropolitan police. That enabled his defence to argue an abuse of process, which was upheld by the judge and caused the prosecution to be stayed. However, in responding to Lady Justice Hallett’s review, the then Secretary of State, my right hon. Friend the Member for Chipping Barnet (Theresa Villiers), could not have been clearer when she said:

“If there is considered to be evidence or intelligence of their involvement in crime, they will be investigated by the police, and if the evidence is sufficient to warrant prosecution they will be prosecuted.”—[Official Report, 9 September 2014; Vol. 585, c. 779.]

My right hon. Friend also made it very clear in 2014 that the scheme was now at an end.

The current imbalances are of course taking place under the current mechanisms for addressing the legacy of Northern Ireland’s past, over none of which the UK Government have any direct control. Indeed, there is widespread consensus that the current mechanisms in Northern Ireland are not working effectively for anyone— for veterans or for the victims of terrorism. That is why in 2014, after 11 weeks of discussions with the main Northern Ireland parties and, as appropriate, with the Irish Government, we brought forward proposals for new bodies, designed as set out in the Stormont House agreement. Significantly, during those talks there was no support for simply drawing a line under the past or for the introduction of amnesties for troubles-era offences, which, to comply with international law, would have had to apply to all sides.

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

May I urge the Secretary of State to realise that the protagonists in this bitter debate are sometimes trapped by their own rhetoric? The truth of the matter is that one side wants there to be an amnesty for one group of people, but not the other, and the other side wants the reverse. If she likes, she can come to the conclusion that there is no support for a drawing of the line for everyone, or she could conclude that it is up to the Government to take a lead and draw the line for everyone in the knowledge that those who cannot speak out for that policy could nevertheless live with it.

[Karen Bradley]

My right hon. Friend feels strongly about this matter and has considered it in depth in his role as Chair of the Defence Committee, which has started a new piece of work on it. In my discussions with representatives of veterans and victims groups in Northern Ireland, the firm view that this was not the time for amnesties. I well understand and will discuss the steps that could be taken, but I caution him about his interpretation of the comments that he has heard. That was not what I saw with my own eyes or in the evidence that I have received, but I understand his view. We are consulting, which I will come on to in a moment, and I would welcome the Defence Committee’s views on the consultation. I am also happy to work with him on the inquiry that he has started.

[Sir Jeffrey M. Donaldson]

To echo the comments of my hon. Friend the Member for Belfast East (Gavin Robinson) and for the sake of clarity, this debate is not between two sides that want an amnesty. For the record, the DUP does not support an amnesty for anyone connected with Northern Ireland. We do support a statute of limitations, which is not an amnesty. This House should never equate the men and women who stood on the frontline—I had the privilege of standing beside them—with those who skulked in the shadows. That is not what this debate is about.

[Karen Bradley]

The right hon. Gentleman has been a leader in this area for many years, and I pay tribute not only to his personal experience, but to his leadership on this matter and his role in the Stormont House agreement and other matters since. I also want to put on the record my thanks for his help and support when I was the Secretary of State for Culture, Media and Sport and he was the Northern Ireland representative on the first world war steering group. His leadership there has led to some magnificent and wonderful commemorations in Northern Ireland and a real bringing together of communities to recognise the sacrifices that were made 100 years. I had the privilege of being in northern France two weeks ago for the Somme commemoration—perhaps it was only last week, but it feels like a lifetime ago—which was a wonderful tribute to him and his work.

[Dr Julian Lewis]

Just for the sake of clarity, the Defence Committee has never used the word “amnesty” and has always used the phrase “statute of limitations”. However, the point I made earlier applies equally if that phrase is substituted for “amnesty”. One party, as it were, wants it for one side but not the other, and vice versa. It is disappointing that the Government’s response to the Committee’s report was originally going to have a special section in its consultation exercise to consider the possibility of a statute of limitations, but they went back on that pledge that had been given in writing in their response to our report.

[Karen Bradley]

I am of course happy to discuss the matter again with my right hon. Friend. He is absolutely right that the language and terminology that are used are incredibly important in this debate. With a statute of limitations, we tested this with political parties, victims groups, veterans groups and others in Northern Ireland. To be legal, there would have to be a statute of limitations on both sides, and it would have to include a proper process of reconciliation. We were unable to find representative bodies that were able to accept that as a conclusion. It would therefore have been misleading to put it as an alternative approach in the consultation document—I make it clear that this is on a specific consultation on setting up the institutions agreed at the Stormont House talks.

As set out in the Conservative party manifestos at the last two general elections, the Government believe that the proposed new legacy bodies provide a better way forward than the current mechanisms. They will address the legacy of the past in ways that are fair, balanced and proportionate and that do not unfairly focus on former members of the armed forces and the RUC. As I have said, we are now consulting on those bodies, and the consultation runs until 10 September. I encourage all right hon. and hon. Members with an interest in these matters to make their views known in the consultation. The House has my full assurance that all representations on this matter will be properly and carefully considered. As our manifesto at the last election stated clearly, any approach to the past must be fully consistent with the rule of law.

Earlier, my right hon. Friend the Defence Secretary answered a question from my hon. Friend the Member for North West Norfolk (Sir Henry Bellingham) by confirming that the Ministry of Defence has set up a dedicated team to look specifically at how this matter is addressed. We all want to make sure that those brave heroes who gave so much to defend us are treated properly with dignity and respect. It is right that the Ministry of Defence should look at this for the armed forces across the whole United Kingdom, not just in the Northern Ireland context.

The ongoing consultation is one reason why the Government are unable to accept the amendment tabled by my right hon. Friend the Member for Sevenoaks. First, it would be wrong to pre-empt the outcome of the consultation. Secondly, the Government do not believe this Bill is the right vehicle for such amendments. This is a Budget Bill designed to ensure that the necessary funding is available to ensure the continued delivery of public service in Northern Ireland. That touches on the point made by the hon. Member for North Down (Lady Hermon) about the independence of the judiciary. When we start looking at how the amendment would work and how the direction would happen, we see that it would impinge on the independence of the judiciary. Again, I am very nervous about starting to make such decisions in this House, although I well understand the sentiment behind the amendment and why my right hon. Friend the Member for Sevenoaks has posed the question.

Finally, and perhaps most fundamentally, the Government cannot accept the amendment because it would undermine the rule of law. The effect of the amendment would be to remove the ability of the Public Prosecution Service for Northern Ireland to prosecute former soldiers for the next 12 months, even when new evidence came to light which the original investigation could not have considered and that the prosecution believed could lead to a conviction. Again, that goes to the point made by the hon. Member for North Down. This would significantly undermine the independence of the Director of Public Prosecutions for Northern Ireland and the exercise of the statutory functions of that office. Decisions made by the DPP are rightly based on available evidence, and it would be manifestly wrong for financial considerations to influence decision making, as proposed in the amendment. Although ultimately it would be for the courts to decide, the likelihood is that these amendments would be incompatible with our obligations under article 2. As such, should the amendment be made, I would be unable as Secretary of State to certify the Bill as compatible with convention rights for introduction to the other place.

[Nick Herbert (Arundel and South Downs) (Con)]

My right hon. Friend is explaining what the practical and legal obstacles to this amendment might be, including the operation of the European convention on human rights. If the Government concede that there is no moral equivalence between the actions of terrorists and the actions of the military, should not the application of the law also recognise that in some way? If this amendment is not possible, what other means might there be to ensure that brave members of the armed forces are not unnecessarily and wrongly pursued nearly half a century later?

[Karen Bradley]

I do not wish to detain the Committee for significantly longer than I already have, but I suggest that I spend some time with my right hon. Friend explaining the thinking behind the Stormont House institutions and how we would get to a situation where there was not this disproportionate focus on the armed forces and law enforcement.

--- Later in debate ---

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

I believe some form of consensus is emerging that a statute of limitations might be the correct way forward, especially if it could be applied in a wider context than just the Northern Ireland scenario. I know that the Conservative manifesto at the last election talked about protecting troops from malicious charges such as had been posed most irresponsibly and on an industrial scale in relation to Iraq by invoking the law of armed conflict for future conflicts and ensuring that the criteria of the civil law could not be applied to them. That is where a problem might creep in in connection with Northern Ireland, because there is no way in which the law of armed conflict could be said to apply to that situation, which was internal to the United Kingdom.

We heard from the Secretary of State that, earlier today, the Defence Secretary made the very welcome announcement that a dedicated unit is being set up inside the Ministry of Defence to try to grip this problem, and I think that it will try to grip it at every level—not just for Northern Ireland, but for these wider conflicts. However, for this evening, I will obviously concentrate on the Northern Ireland situation. I wish to start by making brief reference to the report previously produced by the Defence Committee, which was referred to by the hon. Member for Belfast East (Gavin Robinson) in his very strong contribution to this debate a little while ago.

Our report entitled “Investigations into fatalities in Northern Ireland involving British military personnel”, HC 1064, was published on 26 April 2017. The Government response, HC 549, was published on 13 November 2017, and there was a Westminster Hall debate on these reports on 25 January 2018, all of which bear future study. The Defence Committee has put in our entire report as evidence under a covering letter to the consultation process that is going on.

[Karen Bradley]

indicated assent.

[Dr Lewis]

I see the Secretary of State acknowledging that fact. She will know that the Defence Committee was particularly disappointed about something that I mentioned earlier in an intervention. In the Government’s response—the one that was published in November 2017—they reprinted two of our recommendations and it gave the following answer to them. The recommendations were as follows:

“It is clear from the experience of these legacy investigations that, unless a decision is taken to draw a line under all Troubles-related cases, without exception, they will continue to grind on for many years to come—up to half-a-century after the incidents concerned… Accordingly, we recommend the adoption of Option One—the enactment of a statute of limitations, covering all Troubles-related incidents, up to the signing of the 1998 Belfast Agreement, which involved former members of the Armed Forces. This should be coupled with the continuation and development of a truth recovery mechanism which would provide the best possible prospect of bereaved families finding out the facts, once no-one needed to fear being prosecuted.”

This is what might be termed the Nelson Mandela solution, which of course proved to be such a success in South Africa.