Northern Ireland Troubles (Legacy and Reconciliation) Bill

Lord Browne of Belmont Excerpts

2nd reading
Wednesday 23rd November 2022 Lords Chamber

[Lord Browne of Belmont (DUP)]

My Lords, today we have heard from many noble Lords of their personal experiences of the Troubles in Northern Ireland. We have listened to the long list of the atrocities carried out by terrorists, leading to death, injury and suffering of innocent persons. I could add to that list, but the point that victims deserve justice has been well made.

For much of the past 25 years, there has been an erosion of justice when it comes to dealing with the troubled past in Northern Ireland. For many innocent victims of terror in Northern Ireland, there has been a hope of justice, but for many justice has only ever been a repeated word, as this word has not brought results alongside it. Regrettably, this began with a process whereby terrorists were being released from prison. That was followed by comfort letters, which offered no comfort to the victims of terror. Since then, due to the slow pace of this process, many innocent victims of terror have continued to suffer and have asked of many of us the question: when will I see real justice for the murder of a loved one?

Today we are addressing the legacy of more than 30 years of violence, and of 25 years since the drafting of the Belfast/Good Friday agreement. These matters deserve our fullest attention, and they deserve respect and time to consider carefully. I trust that that will be the case when the Bill reaches Committee and Report.

It would be wrong to view the Bill as the answer to the question of how we deal with the legacy of Northern Ireland’s troubled past. Regrettably, the Bill does not provide the answers to these outstanding matters. In my view, the Bill as it stands would in fact do much more harm than good to the fragile and delicate balance that exists in Northern Ireland. Ultimately, since 1998 there has been a failure to address these incredibly sensitive matters, and innocent victims have watched on as there has been an attempted rewriting of history in some very clear and obvious instances, as the noble Lord, Lord Godson, vividly illustrated in his excellent speech.

Many victims’ groups and individual victims continue to express real concerns about large parts of the Bill before us. They are understandably concerned about a process that could offer an amnesty to the victim-makers. A blanket amnesty would further add to their suffering, as it would continue to deny them the justice they seek. Across Northern Ireland, many people realistically accept that there is a limited possibility of a successful prosecution and meaningful jail term for those who carried out atrocities against their loved ones. Many innocent victims accept the harsh and regrettable reality that, 20 or 30 years on, the possibility is only very limited that they will receive justice. However, the Bill as drafted would remove that possibility altogether. There would be no possibility of jail time for bomb-making, murder or attempted murder, nor jail time for maliciously wounding a soldier. I could give examples. Because of the Bill, the limited possibility of justice would evaporate. The Bill is therefore unacceptable to victims.

In addition to the concerns over an amnesty, there is also concern about some other aspects of the Bill. Terrorists and victim-makers would be rewarded regardless of whether they stayed silent or told the truth. Surely, as a bare minimum, prosecution should be the alternative to not fully co-operating.

While every person in this nation should absolutely be equal and equally subject to the law, an opportunity has been missed to make a definitive distinction between the victim-maker and the innocent victims of their actions. For justice, there needs to be a clear definition of a victim. When no such definition exists in legislation, the danger is that we equate direct victims of terror with those who have been injured as a result of their own actions in carrying out acts of terror. Those who would be granted immunity for Troubles-related crimes or those injured by their own hands must not be defined as victims for the purpose of remembering the past. In the Bill as drafted, a blanket amnesty is set above investigations. Perhaps the most important, fundamental point of all in the Bill is that it gives more rights to the people who committed crimes during the Troubles than to the innocent victims of their crimes.

The Bill before the House today is described as a legacy and reconciliation Bill. In the eyes of many victims of terror-related offences in Northern Ireland, reconciliation remains a deeply challenging ask when the prospect of any sort of Troubles-related amnesty looms large. Many victims have said from the outset that they will struggle to support any legislation that falls short of delivering accountability and true justice. Large swathes of the Bill are inconsistent with the desire to pursue justice. If the Bill succeeds, many of those who have openly evaded the authorities for years will seemingly be able to reap the benefits of immunity.

While it is true to say that the passage of time presents obstacles and prosecutorial difficulties, the answer to this problem does not lie in arbitrarily halting routes to justice for innocent victims. Such a system would not be accepted elsewhere in this nation for criminal gang-related offences. A blockage to justice of this nature should not therefore be deemed acceptable in Northern Ireland.

Like others, I wish to see an outcome that deals with the legacy of our troubled past. We all wish for this. I acknowledge and recognise the Government’s desire to move this long and challenging process forward. However, it would be a mistake to rush through or proceed with a Bill that ultimately does more harm than good when it comes to delivering for victims of terror.

To deal with these matters adequately, fairly and proportionately, we need a transparent process in place that commands broad support across the wider community in Northern Ireland. We have not reached this point with the Bill before us. As we have said in respect of many other matters relating to Northern Ireland, agreement has been and should be built on consensus. Where there is no consensus, there cannot be a fair and balanced way forward. It is clear that consensus does not exist on supporting this Bill in its current form. I oppose the Bill as drafted, and I am sure that my noble friends will have much more to say as it proceeds to its next stage. I look forward to listening to the Minister as he winds up this debate.