Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Laurence Robertson and Julian Smith

2nd reading
Tuesday 24th May 2022 Commons Chamber

[Julian Smith]

I agree with my right hon. Friend’s point. The widows of RUC members, and other victims, are at the centre of our thoughts as we debate the Bill today.

Lawyers, victims’ groups, Liberty, Amnesty International, the Northern Ireland Human Rights Commission and experts at Queen’s University also fear that the proposals will not meet the requirements under article 2 of ECHR and will breach both the UK’s international obligations and the Human Rights Act, which requires independent and effective investigations. If those fears are right, the Bill risks leading to ongoing legal challenge and a highly unstable environment for victims, which many argue would be worse than the patchwork system of troubles justice in place in Northern Ireland today. I urge the Government to look again at the independence and investigatory powers of the body and ensure that it can guarantee victims a full, thorough and legally compliant investigation of their case.

The way in which the Bill will shut down civil cases and inquests is also a source of much anger and worry. Civil actions have provided an effective mechanism for victims to obtain discovery and reparations. As recently as 2021, the Ministry of Defence had to pay significant damages with regard to the Miami Showband attack. In 2021, there was a review of inquest cases and a five-year plan for when each case would be heard. Many families now have the commitment from the justice system that their case will proceed. Inquests provide next of kin with substantial disclosure and provide families with information, answers and results that were previously denied. With the Bill, families who have been promised that inquests will take place risk having them thwarted just because of their place in the queue.

Those inquests have been shining a spotlight on new evidence. For example, the long-running inquest into the IRA murder of 10 Protestant civilians at Kingsmill has involved the largest volume of intelligence material disclosed in any inquest that has run in this jurisdiction. We saw recently in the Ballymurphy inquest, completed in July 2021 after 100 days of evidence, that the verdicts and findings of Mrs Justice Keegan were that the 10 victims were entirely innocent and the force used by the British Army was not justified. It is important to acknowledge that the inquest system has sucked up significant resource, often without conclusions. I urge the Government also to look at that. There must be a fairer way of completing the current work programme and avoiding such an unfair cut-off point.

I return to the shift from the Stormont House agreement to the Bill. Many victims have had their confidence shaken by the lack of support for the proposals from Northern Ireland political parties, Ireland and the US. Policy content aside, key to Stormont House was agreement, buy-in and consent. Consent is vital when dealing with legacy at a practical level for cross-jurisdictional changes that need to be solved and need assistance from Ireland. Consent also has an impact on the ground in Northern Ireland today. The Bill is about the past, but it is also about the present. Paramilitarism is still a key feature of Northern Ireland society, and how issues of the past are dealt with feeds into the groups and organisations that traumatise Northern Ireland society today. Balance and an even hand are vital.

[Mr Laurence Robertson (Tewkesbury) (Con)]

Will my right hon. Friend give way?

[Julian Smith]

I am sorry; I will not give way.

Above all, consent builds trust, which in turn increases the acknowledgement required for resolution. In 2010, when the right hon. David Cameron made his statement on the Saville enquiry in this place, he spoke about the long commitment and service of those who served in Operation Banner but, at the same time, he acknowledged the wrongs of that day. Bloody Sunday was “unjustified and unjustifiable”. When you stand in the Museum of Free Derry and see a copy of the former Prime Minister’s speech in the display cabinet next to the bloodied clothes of those who were killed, and when you hear what it meant to the people in Derry that the UK Government finally apologised, you get a real sense that that particular UK acknowledgement has made a tangible difference to reconciliation. In the brilliant “Derry Girls” finale—I am sure that all of my colleagues watched it on Channel 4 last week—the lead character Erin’s monologue on coming of age in Northern Ireland was set to clips of Bloody Sunday and, more importantly, David Cameron’s apology. It was a clear, modern reflection of the importance of that acknowledgement of the past.

Victims payment legislation has provided a further form of acknowledgment. When I visited the victims’ group WAVE two years ago, I was struck by the significance and appreciation of these acknowledgements to the patient and amazingly resilient victims who had lived with the most horrendous injuries over decades. Some of those whom I met on that day are now dead.

For Northern Ireland to come to terms with its past, there is a need for acknowledgement from all sides: from the IRA for the thousands of murders; from loyalists for the hundreds of killings; from the Irish Government for their role in the troubles; and for the killings and collusion by UK forces. Having spoken to many in Northern Ireland, I genuinely believe that there is the potential for achieving those acknowledgements. Acknowledgements will allow victims and families and Northern Ireland as a whole to come to terms with the past, to deal with the present and to give hope to future generations rather than passing on the pain and hurt of the past.

On investigations and inquests, I therefore urge the Government to pause and to listen to the voices of our valued Irish partners in the GFA, to Northern Ireland parties and to the victims and survivors. I hope, too, that the Government will reflect on how they can reframe the Bill to gain the trust required to help deliver a resolution to this fragile and unique part of our country.

Northern Ireland Executive Formation

Debate between Laurence Robertson and Julian Smith

Thursday 16th January 2020 Commons Chamber

[Julian Smith]

The hon. Gentleman is right. His party led the way during the talks process on analysing and reforming the petition of concern. There have been very positive reforms of the petition of concern, but, as a UK Government, we have said that we will review it every six months and that, at the end of this Assembly term, we will stand by to take action and intervene if it is being abused.

[Mr Laurence Robertson (Tewkesbury) (Con)]

By way of analogy, if parties do not turn up to this House, or if people resign, or if there is disagreement, we do not collapse Parliament. Will the Secretary of State look at how changes might be introduced in Northern Ireland, working with the local parties, to ensure that, regardless of what disagreements there may be, we do not see the institutions collapse again?

[Julian Smith]

There are a series of commitments in this deal, which have been agreed to by the parties, that will require certain bits of legislation in the Assembly. In my view, they will ensure that we never again have to see—as we have had to in the past three years—the loss of the Assembly and the Executive.

Oral Answers to Questions

Debate between Laurence Robertson and Julian Smith

Wednesday 30th October 2019 Commons Chamber

[Julian Smith]

Through this agreement, the United Kingdom maintains total control of how that is applied. As my hon. Friend knows, we are working day in, day out to ensure that Northern Irish businesses can send their goods from Northern Ireland to Great Britain with absolutely unfettered access.

[Mr Laurence Robertson (Tewkesbury) (Con)]

May I return to the question asked by my right hon. Friend the Member for North Shropshire (Mr Paterson)? Could we not consider the mutual recognition and mutual implementation proposals in much the same way as we administer the common travel area?

[Julian Smith]

Over the coming weeks, and then when we enter the implementation period, we must do everything we can to deliver on the commitment that I have just made to unfettered access for goods travelling from Northern Ireland to Great Britain, and ensure that trade can continue as it is now.

Northern Ireland: Restoring Devolution

Debate between Laurence Robertson and Julian Smith

Monday 21st October 2019 Commons Chamber

[Julian Smith]

I am not disregarding the advice of anybody, but this is a deal that protects the border. This was a key priority for me as Secretary of State. It protects the peace process. I think the economy of Northern Ireland will benefit from this deal. We are delivering on Brexit, but protecting the economy and protecting the peace process. This mechanism, I say again, has no bearing on the Assembly, and I would work over the implementation period with colleagues across Government to minimise any problems for Northern Ireland businesses in exporting and selling into Great Britain.

[Mr Laurence Robertson (Tewkesbury) (Con)]

We are supposed to live in a democracy, yet seven of the 18 constituencies in Northern Ireland do not have any representation in the House of Commons. As we have heard, the Assembly has not functioned for nearly three years. It is time to end the prospect of one party being able to bring down the whole institution, so will the Secretary of State consider introducing legislation that stops that happening again?

[Julian Smith]

I have no plans to change the constitution, basis and set-up of the Assembly. However, I think that the lack of representation here—there are seven or eight constituencies unrepresented—is not a good thing. As I have said, we need to get Stormont up and running—1,000 days is far too long.