Clonoe Inquest

Lindsay Hoyle Excerpts

Tuesday 11th February 2025 Commons Chamber

[Mr Speaker]

Before I call the right hon. Member for Goole and Pocklington (David Davis) to ask his urgent question, I must remind hon. Members of the House’s rule relating to matters sub judice: Members should not refer to any matter that is currently before the courts.

On 19 November, I granted a waiver in respect of the case of Dillon and others v. the Secretary of State for Northern Ireland, given the issues of national importance raised by that case. The waiver is ongoing, and Members may refer to the case in the House. Given that the coroner’s verdicts and findings in relation to the Clonoe inquest have been published, I am content for that case to be discussed in the House. However, Members should take care to avoid referring to any other active civil or criminal cases.

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[The Secretary of State for Northern Ireland (Hilary Benn)]

On 16 February 1992, a heavily armed unit of the Provisional IRA carried out an attack on Coalisland police station armed with a 12.7 mm heavy machine gun and three AKM rifles. Approximately 60 rounds were fired, but thankfully no one was injured. Following the attack, the IRA unit proceeding to a car park where they were engaged by soldiers of the Army’s specialist military unit. This resulted in four men, Patrick Vincent, Sean O’Farrell, Peter Paul Clancy and Kevin O’Donnell, being shot and killed by the soldiers.

On 6 February, Mr Justice Humphreys, sitting as a coroner in the inquest into the circumstances of those deaths at Clonoe chapel, found that the use of lethal force by the soldiers was unjustified and that

“the operation was not planned and controlled in such a way as to minimise to the greatest extent possible the need for recourse to lethal force.”

The coroner further found that the soldiers did not hold

“an honest and genuinely held belief”

that the use of force was necessary to defend themselves or others.

These are clearly very significant matters that require careful consideration. I know that the Ministry of Defence is considering the coroner’s finding. Therefore there is, unfortunately, a limit to what I am able to say in relation to the findings themselves, particularly given that there is also an ongoing civil case relating to these events. However, it is clear the Government must take such findings very seriously. We owe a great debt to our armed forces—

[Mr Speaker]

Order. There is no sub judice to the case that you have just mentioned. We must be clear on that. So please let us not try to use that as a barrier. I just want to be clear on that.

[Hilary Benn]

I accept that entirely, Mr Speaker. I was merely pointing out, as I think your statement alluded to, that there is an ongoing civil case.

We owe a great debt to our armed forces. The vast majority of those who served in Operation Banner during the troubles did so with distinction. They operated in the most dangerous and difficult circumstances to protect the citizens of the United Kingdom. During the troubles, over 1,000 members of the security forces lost their lives in that endeavour. It is right that we hold our armed forces to the highest standards. We must also recognise the extreme circumstances that they faced. That is what sets them apart from the terrorist organisations who indiscriminately murdered over 3,000 people during the troubles.

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[Hilary Benn]

That is a judgment that individuals and communities will have to make, having regard to what the coroner had to say. There have been a very large number of inquest findings in relation to the troubles, and the Government and I understand the concerns that have been raised by the coroner’s findings in this case.

The fundamental problem in Northern Ireland remains the legacy of the troubles and the fact that so many people still do not have an answer to the question of what happened to their loved one. I am afraid the previous Government made, in my view, a terrible mistake in deciding that civil cases and inquests would be closed off.

I also have to point out that the legacy Act did not prevent the possibility of future prosecutions, because it is possible, even under the law as it stands today, for prosecutions to be undertaken if the independent commission finds evidence that it thinks should be passed to the independent prosecution bodies.

[Mr Speaker]

I call the shadow Secretary of State.

[Alex Burghart (Brentwood and Ongar) (Con)]

Thank you for granting this UQ, Mr Speaker.

On a February night in 1992, four men—known terrorists—armed with semi-automatic weapons and a Dushka machine gun capable of firing 600 rounds a minute at a range of 1,100 yards had already attacked a Royal Ulster Constabulary police station and were planning further attacks. These terrorists called themselves an army, they carried weapons of war, they sought to kill, and they operated entirely outside the bounds of the law. Yet we are asked to believe that the use of lethal force against them was not justified. I am not a lawyer, but if this is the state of the law, then the law is an ass, and it is up to Parliament to change it.

What if this had not been on the streets of Tyrone? What if it had been on the streets of Birmingham? What if it had been in Parliament Square? Would we be asking why those men had not been arrested? Would we find it acceptable that the courts subsequently sought to punish those forces that had risked their lives for ours?

The consequences of this ruling are potentially very severe: military morale weakened, military recruitment reduced, military effectiveness diminished, and more retired servicemen in their declining years dragged before the courts for trying to protect their countrymen from terrorists. For the record, there is no Defence Minister on the Treasury Bench to hear this urgent question.

The last Government took steps to ensure that a line was drawn under court actions like the one handed down last week. This Government have said they will repeal that Act, but seven months into their tenure, they have brought forward no plans. When will the House see that legislation? When we do see it, will the Secretary of State ensure that it includes provisions to protect servicemen, such as those affected by the ruling, from prosecution?

The Secretary of State will have seen this morning the excellent report by Policy Exchange, which puts the costs of repealing the legacy Act at hundreds of millions of pounds. The return to inquests and civil cases will severely hit the budget of the Police Service of Northern Ireland. Without funding, that will inevitably reduce policing and affect national security. Will His Majesty’s Government commit to underwriting that liability?

I will end by saying that if we in this House think the law is not fit for purpose, it is our job, and ours alone, to change it. That is what parliamentary sovereignty means.

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[Hilary Benn]

As I have previously indicated to the House, I am committed in all my discussions with many of those affected, including veterans, to finding a way forward that can command a degree of consensus in a way that the last Government’s legacy Act failed to do. I understand the strength of feeling being expressed in the House today—I really do—but there needs to be some reflection on how a piece of legislation came to be passed that engendered almost universal opposition in Northern Ireland. The people of Northern Ireland, who, after all, lived through the troubles, did not feel that that was the right way to proceed, and time and again it has been found to be unlawful. In other words, we were left with a mess and we are doing our best to try to fix it.

[Mr Speaker]

I call the Liberal Democrat spokesperson.

[Dr Al Pinkerton (Surrey Heath) (LD)]

I thank the right hon. Member for Goole and Pocklington (David Davis) for bringing this issue to the House. The Liberal Democrats are firmly committed to the principles of truth, justice and accountability. The violence carried out by the IRA during the troubles was abhorrent and inflicted deep suffering on communities across Northern Ireland. At the same time, upholding the rule of law is a fundamental principle that applies to all, including the actions of state forces.

The findings of the Clonoe inquest highlight the importance of due process and transparency in dealing with legacy issues. It is vital that families seeking answers about the past are able to access justice and that all events are subject to rigorous legal scrutiny. That is the only way to build trust and support a lasting reconciliation in Northern Ireland.

There has been immense progress in Northern Ireland since the Good Friday agreement and that progress was built on the principles of justice, democracy and accountability. We—all of us—must continue to uphold those principles if we are to secure a lasting and peaceful future for all communities.

The Secretary of State recently said that legislation to revoke the deeply flawed legacy Act, which does not command confidence across Northern Ireland, will be introduced when time allows. Will he offer details on when that might be?

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[Gavin Robinson]

On a point of order, Mr Speaker. I do not believe that the Secretary of State would have intended to mislead the House, but I suspect that he may have misunderstood the point being made, and it has filtered into a number of his subsequent responses. In relation to the coroner and his powers, the point being made was that there are aspects of the judgment released on Thursday that are outwith the coronial law in Northern Ireland and outwith what would be expected of a judicial officer. I give the Secretary of State an opportunity to say not that the coronial law needs to change, but that the judgment does not sit within the remit and powers of the coronial system.

[Mr Speaker]

Does the Secretary of State wish to reply to that?

[Hilary Benn]

Further to that point of order, Mr Speaker. That is a judgment for others to make, if that is the view they take. I accept that the right hon. Gentleman has made that point, but it would be for others to consider it, and it may be a factor that the Ministry of Defence considers when it is looking at this set of rules.

[Sir Julian Lewis]

Further to that point of order, Mr Speaker. Is there any way within the rules of order that I can point out how the divisiveness of the exchanges that we have just had illustrates what happens when a line is not drawn under bitter historical conflicts?

[Mr Speaker]

I think the right hon. Gentleman has just done that for us, and I think I have heard enough—let us move on.