Northern Ireland Troubles (Legacy and Reconciliation) Bill

Lindsay Hoyle Excerpts

Consideration of Lords message
Wednesday 6th September 2023 Commons Chamber

[Jim Shannon]

In several of the Secretary of State’s answers to questions from Opposition Members, he has said, “If there is extra evidence”. Has he or the British Government had the opportunity to speak to the Irish Republic Government about their role? I believe the Irish Republic Government, through the Garda Síochána, have an evidence base on the murders that were carried out by the IRA along the border. I am very conscious of Chief Superintendent Harry Breen and Bob Buchanan in 1989, Lexie Cummings in 1982 and Ian Sproule in 1991. The people who did that escaped across the border, and the Garda Síochána has indicated—

[Mr Speaker]

Order. I am very conscious of time. You are down to speak, and you have made your speech already. Other people need to get in. This is a very important issue, and I want to make sure that people can make their speeches.

[Chris Heaton-Harris]

Forgive me, Mr Speaker; I was trying to take as many interventions as possible.

[Mr Speaker]

I know. We all know that Mr Shannon is very good, but it is the amount of time. Interventions have to be short and punchy, not speeches. He is going to make a speech later.

[Chris Heaton-Harris]

I can assure the hon. Member for Strangford (Jim Shannon) that I have been speaking to the Irish Government about elements of what he mentioned.

The commission will grant immunity from prosecution only if an individual provides an account that is true to the best of their knowledge and belief. We have developed a robust test for immunity, in which their account must be tested against any information that the commission holds. If an individual does not provide a truthful account of their actions that could be passed to families, or if they do not participate in the immunity process at all, immunity will not be granted and they would remain liable to prosecution should evidence exist. Where a prosecution takes place, and should a conviction be secured, an individual will not be eligible for the early release scheme under the Northern Ireland (Sentences) Act 1998. Again, that is a result of amendments made in this House.

Similarly, although I acknowledge the sentiment behind introducing licence conditions under Lords amendment 44E, I respectfully suggest that the Government have sought to address these issues through amendments that were adopted on Report in the other place. These amendments send a clear message that, once immunity is granted, individuals who are convicted of offences that could impede reconciliation will lose that immunity. In the Government’s view, this approach strikes the right balance between providing sufficient certainty as to the effect of a grant of immunity necessary to encourage participation and ensuring that there are appropriate consequences for those whose behaviour after being granted immunity is not compatible with the fundamental aims of the Bill.

The alternative proposed by the Opposition would not support an effective information recovery process, and I therefore ask that the House joins me in disagreeing to amendments 44D, 44E, 44F, 44G, 44H and 44J.

[Mr Speaker]

I call the shadow Secretary of State.

[Hilary Benn (Leeds Central) (Lab)]

May I take this opportunity to welcome my hon. Friend the Member for Putney (Fleur Anderson) to the Front-Bench team, and to express my thanks to my hon. Friend the Member for Gower (Tonia Antoniazzi) for all the service she gave during her time as part of the shadow Northern Ireland team?

As the House will be aware, we do not support this Bill, but I do not understand why the Secretary of State is seeking to overturn the amendments tabled by Lord Murphy and passed in the other place yesterday. I listened very carefully to the arguments advanced by the Secretary of State, but I do not think they stand up, because the Lords amendments would not take away the commission’s ability to issue immunity to an individual who comes forward and gives truthful evidence about what happened. Lords amendment 44E is not a veto, but it would allow the families of those who were killed or seriously injured in the troubles to have some voice in the process—I understand that relatives of those who were murdered are with us in the Gallery, and they are still seeking justice.

Let me turn to the other provisions, relating to licence conditions that would apply to the person seeking immunity. I acknowledge what the Secretary of State just said about other changes having been made to the Bill, but these provisions seem very sensible and reasonable to me. I include in that the requirement that the individual in question should not approach or otherwise communicate with a victim, in the case of an injury, or with a victim’s family, in the case of a death, unless they consent. So we will vote against the Government’s motion to disagree with the Lords amendments today.

The Secretary of State has talked quite a bit about a disincentive to people coming forward, but I say to him that it is not entirely clear that immunity will achieve the purpose that the Government have for it. Given that every other means of justice is to be closed down, and given that the commission appears to have a lifespan of only five years, those who have committed dreadful crimes only need to sit it out. I say to the Secretary of State that if that were to happen and after the five years are over those individuals start to talk about, boast about or write books about what they have done, how will he explain to the families of those they murdered why the Government allowed that situation to arise? That would be the consequence of taking away from people, as this Bill does, the means of justice, however hard, however long, however uncertain. I acknowledge the point that the Secretary of State made about that.

This is the last occasion on which we will debate this highly controversial legislation, which concerns how we come to terms with the terrible legacy of violence and brutality during the troubles in a way that enables those most affected—the families—finally to know what happened to the person they loved and to ensure that justice is done; to hold those responsible to account. This is the first time I have talked about this, given that I was appointed only on Monday, but I recognise how hard this is and I acknowledge the changes that the Secretary of State has made to the Bill during its passage, including his comment that when he inherited it he was not happy with it. However, he must accept that this legislation does not command the confidence of the people to whom he is trying to offer reassurance and comfort.

The most important word in the title of this Bill is “reconciliation”. We all want that to happen, but the Bill has self-evidently not achieved its aim, because all the communities in Northern Ireland are clearly not reconciled to its contents. It is so striking to see the extent to which the Government have failed to win support for their approach. The list of people and organisations opposed to this Bill is frankly astonishing: all of the political parties in Northern Ireland; the Churches in Northern Ireland; victims’ groups; the Northern Ireland Human Rights Commission; the former Victims’ Commissioner; the Irish Government; the Council of Europe; and the United Nations. Most extraordinary of all, it is reported that the person who has been appointed as the commissioner-designate, the highly respected Sir Declan Morgan, said recently that he would expect legal action by the families of victims of the troubles to try to challenge the Bill on whether it is compliant with the European convention on human rights.

That is the scale of the coalition that the Government have managed to range against themselves, but instead of reflecting on that, their approach has been to put their head down and plough on regardless. That is why, for all the Government’s good intentions, they have failed to win public confidence, even though the Government said in 2018:

“In order to build consensus on workable proposals that have widespread support we must listen to the concerns of victims, survivors and other interested parties.”

Doing the wrong thing is not a justification for this Bill, and if there is one lesson we must by now have learned about how to make progress in Northern Ireland, it is that it can only be achieved patiently, slowly and carefully, so as to build a consensus. I am sorry to say that the Bill does not do that and it will not achieve the purpose Ministers claim for it. That is why we are committed, as the Opposition, to repeal it, if we get the opportunity.

[Mr Speaker]

I call the Scottish National party spokesperson.

[Richard Thomson (Gordon) (SNP)]

I am well aware that time is limited; you will be pleased to hear, Mr Speaker, that so too is my capacity for repeating arguments that I have made many times previously. My party believes that this Bill is wrong in principle and that in practice it will not achieve the aims that the Secretary of State believes, no doubt with great sincerity, that it will. We will therefore be joining the official Opposition in voting to support the Lords amendments.