Northern Ireland Troubles: Legacy and Reconciliation

Debate between Lincoln Jopp and Alex Burghart

Wednesday 21st January 2026 Commons Chamber

[Alex Burghart]

Again, I agree with my right hon. Friend. In some quarters, there is an industry that I fear is allowing victims to believe that their chances of success are far greater than they are in practice. That is not pleasant, so we have to ask ourselves why the Government dropped their appeal.

[Lincoln Jopp]

As well as the self-licking lollipop of legislation and compensation, does my hon. Friend acknowledge that this is a proxy war? It is all about relitigating the question, “Who won?” Does he agree that we are allowing our brave servicemen and women, who served the nation incredibly bravely in Northern Ireland, to be used as pawns in a dreadful proxy game to relitigate the question, “Who won?”

[Alex Burghart]

I entirely agree with my hon. Friend, who has great experience of these matters. The truth is that, for some people, this is the continuation of the troubles by other means. It is time to draw a line.

If the Government did not withdraw their appeal because of conditional immunity, which they supported in the past, and if they did not refuse to appeal because of views in Northern Ireland on their own legislation, it must be for another reason. I do not know what that reason is, and I suspect that we will never know, but I wonder whether it is connected with the desire of this Government to have a close relationship with the Irish Government as part of the European reset.

--- Later in debate ---

[Alex Burghart]

I believe that we almost got a scintilla of insight into how my right hon. Friend feels about the latest Joint Committee on Human Rights report. I am grateful to him for pre-empting some of what I am about to say. I do worry that there is a bigger game going on in Government. My hon. Friend the Member for Spelthorne (Lincoln Jopp) said that veterans are being used as pawns in lawfare, but I wonder whether the case against veterans is a pawn in a bigger game that the Government are playing with the European Union. The Secretary of State says he has no choice, but of course His Majesty’s Government do have a choice. They have options.

The first option the Government had was to appeal, but they did not. The second option they have is to wait. On 15 October last year, the Northern Ireland Veterans Movement, represented pro bono by Lord Wolfson KC, was heard by the Court, and allowed to give oral and written evidence, which the Court is now considering. It is perfectly in scope for the UK Supreme Court to find that elements of the legacy Act are not actually incompatible with the European convention on human rights. However, if the Secretary of State’s remedial order has gone through both Houses by that time, we will be presented with legal chaos, because the Government will have used an order that they had no authority to use in order to remove primary legislation that should still be in place. The Government can avoid this: all they need do is wait and see what the Supreme Court says. In fairness, the Secretary of State thinks he knows what the Supreme Court will say. In reality, I am not sure that he does—but he has that option.

[Lincoln Jopp]

I hope I am not misquoting the Secretary of State, but he said the Government are using this guillotine motion to withdraw parts of an existing law before they have another one in place because of the urgency, and that that urgency was created by a desire to “build trust” in both the civilian victims of terrorism and the military victims of terrorism. In wanting to build trust, he seemed to miss out one group: military veterans, who will also come under consideration if he drops the guillotine on the existing Act today.

[Alex Burghart]

Once again, my hon. Friend is quite right, because if the remedial order goes through both Houses and the Supreme Court has not opined, from the next day civil cases will reopen and military veterans will be involved in such actions.

--- Later in debate ---

[Alex Burghart]

I take everything the hon. Lady’s Committee does incredibly seriously. There is a good deal of experience on it and she always has interesting witnesses. I was very interested in the remarks made at her Committee the other day by experts in the Police Service of Northern Ireland. I hope to have the opportunity to talk to her about that, as well as to the people who were giving evidence.

I am afraid, though, that none of that takes away from the fact that there is a choice before this House. We do not have to go down the route of erasing the line we have attempted to draw under the troubles. I say to Labour Members that there is not just a moral risk; there is also a political risk for anyone who has doubts. Simply put, the Prime Minister has, over the course of the past few months, U-turned 12 or 13 times—which is it? [Interruption.] Oh, 14 times—I lose track. There is every possibility that, just as there was a U-turn 24 hours ago on social media for young people—because of representations that were made, I believe, by 60 Labour Back Benchers—so there is the opportunity to stop the Government in their tracks on this incredibly serious issue.

[Lincoln Jopp]

The shadow Secretary of State makes a very powerful point, but I think it is worth putting it on the record that it is pretty unlikely his words will carry the day on the basis that there are eight Labour Back Benchers here to hear this debate about applying a guillotine to gut a piece of existing legislation without putting anything else in place.