Risk-based Exclusion

Debate between Karen Bradley and Julian Lewis

Monday 13th May 2024 Commons Chamber

[Dame Karen Bradley]

I can never resist the hon. Gentleman, and that is why I will always give way to him. He makes a very good point. There may be a role for another process that does that, but for the exclusion process it feels that the right point is at charge.

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

I wonder whether my right hon. Friend’s Committee considered the difference between whether the allegation or accusation related to a member of staff or another employee of the House, or to somebody completely unconnected. I could be persuaded that arrest might be enough for exclusion if the matter related to somebody who worked here, but if it was unrelated, and if there was no question of the Member not being given bail because risk was assumed to be low in general, then I would come to a different conclusion. That is another complication that I might ask for my right hon. Friend’s opinion about.

[Dame Karen Bradley]

That was not a matter the Committee considered, but my right hon. Friend makes a very good point. We need to think of this as a process and not an event, because things can change and develop. Today we are deciding whether to introduce into our Standing Orders a process for exclusion, but in future we may well decide that the measures did not go far enough and that we need another process. The Commission has taken years to look at the matter. I am glad we have got to the point where we are finally discussing it and we have the chance to vote on the proposals, but it is a process, not an event.

Northern Ireland: Security Situation

Debate between Karen Bradley and Julian Lewis

1st reading: House of Commons
Monday 21st January 2019 Commons Chamber

[Karen Bradley]

The hon. Gentleman has significant experience in Northern Ireland, having worked there in the 1990s and 2000s and served as the shadow Secretary of State. As he knows, I continue to speak to all the main parties in Northern Ireland to find a basis on which we can bring the talks together. There is no point in just demanding that the parties come together and expecting that that will work. It has to be done on the basis of an appropriate framework and to have some possibility of success. That is what I am working to find.

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

I appreciate the Secretary of State’s remark that it only takes a very small number of terrorists to have a disproportionate effect, and I appreciate the significance and sensitivities of ongoing investigations, but can she tell the House whether any arrests have been made—the BBC has already reported that they have been—and, if so, whether any of those arrested are connected with identified Irish republican groups?

[Karen Bradley]

The PSNI has said on record that it has arrested five people, but it would not be appropriate for me to comment further as the investigation is ongoing. As my right hon. Friend will appreciate, it would also be inappropriate for me to comment further at this stage because of the ongoing security incidents in the city today.

Oral Answers to Questions

Debate between Karen Bradley and Julian Lewis

Wednesday 31st October 2018 Commons Chamber

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

Does the Secretary of State accept that someone must cut the Gordian knot that is preventing us from ensuring that our armed forces veterans are not persecuted and pursued in the courts decades after they have faithfully served us?

[Karen Bradley]

My right hon. Friend has done significant work in this area, and I agree with him that the current system is simply not working for anyone and we need to change it. I look forward to working with him to find a way of changing the system that works for people.

Northern Ireland Government

Debate between Karen Bradley and Julian Lewis

Thursday 6th September 2018 Commons Chamber

[Karen Bradley]

I thank the hon. Gentleman for his support. The decisions that are being taken today are not easy, and I appreciate his guarded support for what we are doing. I will continue to work with him to ensure that the House is comfortable and happy with the decisions that we are taking. Unfortunately, there is no easy answer. In an ideal situation, we would not have had 19 months without devolved government, but we have had that. We must act within the parameters of the situation in which we find ourselves, rather than where we would like to be.

The hon. Gentleman will know that I have worked throughout with four key principles in mind. First is our commitment to the Belfast agreement, and second is our obligations as the UK Government under that agreement. Thirdly, I have always acted to ensure that we remove any barriers to devolution and the restoration of power sharing. Fourthly, as the representative of the UK Government, I must bear in mind that the 1.8 million United Kingdom citizens who live in Northern Ireland are entitled to good governance, and decisions needed to ensure that good governance have been taken in this House. We will continue to take such decisions as appropriate and with the support of communities within Northern Ireland.

The hon. Gentleman mentioned my reference to external facilitation, and I have made no decisions about the right way to get talks restarted. He is right that those talks need to restart, but I need to work with the parties. Over the next few weeks, I intend to spend an intensive period, working with the parties and with the Irish Government as appropriate, and obviously with Her Majesty’s loyal Opposition—again, as appropriate—to ensure that we have the right framework to get what we all want, which is government restored in Northern Ireland.

The hon. Gentleman refers to MLA pay. I should pay tribute to the hon. Member for North Down (Lady Hermon), who makes this point any time I do anything either in the House or at the Northern Ireland Affairs Select Committee and has been a campaigner on this matter like few others. I did not want simply to beat MLAs by cutting pay; I needed to make sure there was an incentive for them to come back into devolved government. We want to use it to ensure that MLAs and politicians do the right thing and form a devolved Government. As soon as one is formed, the legislation we passed to cut MLA pay will fall away under the sunset clause passed in this House.

On the Policing Board, I have already said I will legislate to make sure that public appointments can be on a statutory footing. The hon. Gentleman is right: the Policing Board is probably the key example that everyone refers to. That is because policing in Northern Ireland has to be done with the consent of the public and all communities there, and having a properly constituted Policing Board is incredibly important to that.

The hon. Gentleman referred to equal marriage. It is probably worth clarifying the situation. While the majority of MLAs voted for equal marriage, it was stopped by the use of the petition of concern, not a failure to act. The Assembly did not give permission for equal marriage legislation to be taken forward. That seems a technicality, but it is the reality of the situation. There is no legal basis on which Northern Ireland can have equal marriage at this stage. I voted for equal marriage in this House, and I am proud to have done so, for my constituents and his—I refer here to Newcastle-under-Lyme, as well as Newcastle in County Down and Newcastle upon Tyne. Equal marriage, as with many other matters, is rightly devolved, and it is right that those decisions be taken by politicians elected by the people of Northern Ireland, not politicians in this Chamber, where appropriate. I respect the principle of devolution. Even if there are things we disagree with, we still have to respect that principle of devolution.

I will look carefully at the hon. Gentleman’s point about oversight and the democratic deficit. In my conversations and discussions with all parties about how decision making can take place, there will be a range of options available to make sure that when we bring legislation forward we do so with the broad support of the people of Northern Ireland and those who represent them. To do otherwise would not help the work we want to do and the clear objective we all have of seeing government restored to Stormont and locally elected politicians being appointed as Ministers and making decisions on behalf of the people who elected them.

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

The Secretary of State mentioned that she is taking these steps in the national interest. Does she feel that it is in the national interest that old soldiers who participated in securing the successful outcome after the years of the troubles and the creation of civil government in Northern Ireland should be dragged through the courts, as is happening at the moment, decades after the events in which they were involved?

[Karen Bradley]

My right hon. Friend has campaigned on the treatment of veterans for many years. I have spent considerable time listening and talking to him about it, and he is right: the current situation is not tolerable. It is not acceptable that veterans are being subjected to a disproportionate focus by the authorities in Northern Ireland. We want to change that, and are consulting on how to do so, to stop veterans being dragged through the courts in the way he has described.

Northern Ireland Budget (No. 2) Bill

Debate between Karen Bradley and Julian Lewis

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

[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.

[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.

--- 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.

Oral Answers to Questions

Debate between Karen Bradley and Julian Lewis

Wednesday 20th June 2018 Commons Chamber

[Karen Bradley]

Those people are living under that cloud of uncertainty under the current system, and I want to see an end to the disproportionate focus on our veterans that is happening under that current mechanism. There is widespread agreement that the current system is not working. I urge the hon. Gentleman and all his constituents to respond to the consultation—we are consulting.

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

An end to disproportionate focus is not the answer we need. What we need is for a line to be drawn, and the way to draw that line is to have a statute of limitations and a truth recovery process. Why has the Secretary of State excluded that from the consultation when it was supposed to be included?

[Karen Bradley]

I know that my right hon. Friend feels strongly about this issue. I urge him to respond to the consultation—I repeat, it is a consultation. There are differing views on this matter and differences of opinion, and we do need to hear from everybody.