Legacy of Northern Ireland’s Past

Lindsay Hoyle Excerpts

Wednesday 14th July 2021 Commons Chamber

[Mr Speaker]

Before I call the Secretary of State, I wish to make a short statement about the sub judice resolution. I have been advised that there are active legal proceedings on the legality of the Northern Ireland protocol and active legal proceedings and open inquests in relation to historic troubles-related deaths. I am exercising the discretion given to the Chair in respect of the resolution on matters of sub judice to allow full reference to the challenge to the Northern Ireland protocol as it concerns issues of national importance. Further, I am exercising that discretion to allow limited reference to active legal proceedings and open inquests in relation to the historic troubles-related deaths. However, references to these cases should be limited to the context and to the events which led to the cases but not to the detail of cases themselves, nor the names of those involved in them. All hon. Members should, however, be mindful of the matters that may be the subject of future legal proceedings and should exercise caution in making reference to individual cases.

I also wish to say something further about the actions yesterday of the hon. Member for Foyle (Colum Eastwood) in naming somebody apparently subject to an anonymity order. As Members of this House, we enjoy freedom of speech. “Erskine May” states that

“a Member may state whatever they think fit in debate”

and that

“the Member is protected by parliamentary privilege from any action for defamation, as well as from any other question or molestation. This freedom extends to statements which, if made out of Parliament, would breach injunctions, although this has been deprecated by the Speaker.”

Freedom of speech must, however, be used responsibly. It is a grave step to use privilege to breach a court order. As the Joint Committee on Privacy and Injunctions made clear:

“privilege places a significant responsibility on parliamentarians to exercise it in the public interest. The presumption should be that court orders are respected in Parliament and that when a Member does not comply with one he or she can demonstrate that it is in the public interest.”

It is for others to judge whether the action of the hon. Member for Foyle was indeed in the public interest. However, the hon. Member broke no rules of order, as his comments were made while the House was considering the Armed Forces Bill and the sub judice rule does not apply when legislation is in question.

Finally, before I call the Secretary of State, I have to deprecate the fact that, once again, a statement appears to have been extensively briefed to the media before being made to the House. That is not acceptable. That is not the way that we want to do business. I have to say that I have had a number of texts and emails on this from Members who take a very keen interest in this and who are very supportive of this issue. They are, quite rightly, disappointed that it seems more important that newspapers are the ones to carry this, not this House.

Once again, let me say—and I say it to all Secretaries of State and all Departments—that this House must hear that statement first. It should not be briefed to the newspaper 24 hours before, so, please, look and listen. If not, it will be much more difficult, as we will grant urgent questions every day to bring that Department to this Dispatch Box. Please, let us work together and let us respect Members of this House, who are, quite rightly, very concerned and want to make sure that they are involved in the statement first. I now call the Secretary of State for Northern Ireland.

--- Later in debate ---

[Brandon Lewis]

I absolutely agree with the hon. Gentleman about making sure that we are able to get to the truth and get to information. Nobody in this House ever wants to see again a situation like the Ballymurphy case, where the families have had to wait 50 years to get to the truth. We have to find a better way forward. The current system is failing everybody, so to do nothing simply is not an option that will deliver for people in Northern Ireland. The hon. Gentleman is absolutely right.

We do want to engage. We have been engaging, and not just over the past 18 months. Even last week, my officials and I engaged with victims’ groups on these very issues. In the weeks ahead, with the Command Paper for people to read through and engage with, that engagement will continue, including with the political parties and our partners in the Irish Government.

[Mr Speaker]

Let us go to the Chair of the Select Committee on Northern Ireland Affairs.

[Simon Hoare (North Dorset) (Con) [V]]

My right hon. Friend should be commended for trying once again, as others have done, to resolve legacy. As we do so, can we resolve not to use the language—I know that he has not done so—of drawing a line and closing a chapter? For those who suffer still, that is something unreachable. We need to show the utmost sensitivity on that point.

The work of Operation Kenova has commanded cross- community support. Where do that model and approach fit into my right hon. Friend’s thinking as he tries to pursue truth and reconciliation? How will he evolve these plans, working in concert with the Irish Government, to ensure and maximise buy-in for a joint approach? Is there a George Mitchell-like figure hovering in the wings who could be deployed to help and to act as an honest broker as we try to resolve this all-too-long issue?