Northern Ireland Troubles (Legacy and Reconciliation) Bill

Lord Bruce of Bennachie Excerpts

2nd reading
Wednesday 23rd November 2022 Lords Chamber

[Lord Bruce of Bennachie (LD)]

My Lords, it is a privilege to follow the noble and right reverend Lord, Lord Sentamu, with that interesting comparison because everybody has said that the one thing the Bill does not do is promote reconciliation. We certainly need to have a debate about what would promote reconciliation.

I join others in showing appreciation to the Minister for his opening speech. I think we all genuinely appreciated his sincerity. When he said that the Bill is challenging for us and for him, it was pretty obvious that there was a very sincere situation. He has our sympathy, which is perhaps not what he wants, but I believe he will get engagement. What we will get at the end of it is obviously yet to be determined, but it is important to put that mark down.

Another thing that has been said is that the term “Troubles” is euphemistic. It is a terrible understatement for what was a bloody conflict. It convulsed Ireland and Northern Ireland for 30 years and has left, as we now appreciate, a tragic and very complicated legacy. It is also worth saying that while none of us who live on the mainland can possibly appreciate what it did to the communities in Northern Ireland—we have heard so much about that and all appreciate the contributions made—it has left deep scars across the whole of the United Kingdom. This is not just because of the atrocities committed in Great Britain. In so many meetings over many years just as a local MP, I heard the sense of inadequacy, guilt and despair at the conflict and the inability to bring it to an end. I think that affected people right across the UK; we were just so used to news bulletins about another bombing or shooting, and we wanted it to stop.

The Good Friday/Belfast agreement laid down hope for the whole of the UK, as well as the island of Ireland. The question now is: will we be able to celebrate the 25th anniversary of that agreement with a process of reconciliation and a functioning Executive and Assembly? That would attract well-wishers from across the world. Right now it does not look likely and if not that, what?

Reference has been made to the Stormont House agreement. I recognise that the Ulster Unionist Party said that it did not support the agreement but, as the noble Baroness, Lady Smith, said, I hope it did not reject the basic principles: any legacy solution should promote reconciliation and uphold the rule of law; it should acknowledge and address the suffering of victims; it should facilitate the pursuit of justice and be human rights-compliant. That is surely not a point of contention.

The other thing we are all concerned about is the switch in the Government’s position. At the 2017 general election, the Government said:

“We … continue to believe that any approach to the past must be fully consistent with the rule of law … Conservatives in government have consistently said that we will not introduce amnesties or immunities from prosecution.”


That was said by Karen Bradley, the Secretary of State at that time, but we have had an election since and the world has changed. The Minister has been here throughout that and will of course have his own appreciation of that change and development.

I think all of us accept the views of some that the uncertainty over possible prosecutions of service and security personnel causes stress and anxiety—of course it does. But surely that does not justify setting aside human rights issues and the rule of law; it cannot do so. We have to recognise, as the noble Lord, Lord Hain, did, that the security forces did an incredible job, took huge casualties, were brave, saved lives and kept the peace, but some of them clearly did not conform. In fact, it is in the interests of the overwhelming majority who performed absolutely professionally that those who did not should not be given absolution.

It is important to say that this is not simply a domestic issue: it affects our reputation as a nation and an upholder of human rights, as the noble Lord, Lord Browne, said. We uphold human rights and the rule of law, but this has been seriously damaged by the conduct of this increasingly discredited Government who, as the noble Lord, Lord Anderson, said, now think that law should just be taken into account, rather than respected and followed.

I was a member of the Committee on Legal Affairs and Human Rights of the Parliamentary Assembly of the Council of Europe—its political wing, if you like —and I am concerned when I hear debates within certain sections of the Conservative Party calling for Britain to withdraw from the European Convention on Human Rights, alongside Belarus and Russia, the only non-members of that organisation. I am glad that Dominic Raab said that he does not think that useful, but that was not a robust defence of our membership, nevertheless. The idea that we should do that is unconscionable, and a dying Government with no mandate have no right even to consider it.

The problem, which has been mentioned, is that all of this should be happening in a debate among the elected representatives of Northern Ireland, who need to make an honest assessment of the role. We are here because they are not there, and that simply has to stop.

The Minister said that he has had many meetings recently, and I believe him; he probably listened and engaged sincerely and genuinely. But the fact is that the stakeholders are all saying that they have not been properly consulted and certainly have not been listened to, perhaps apart from in their engagement with the Minister. So we have to recognise that the Bill is supported by no one in Northern Ireland. I say to the noble Lord, Lord Bew, that it is not good enough to say that, because they all have different motives, the fact that they are united against it is not valid. For a Government to pursue a Bill that no one in Northern Ireland supports shows total contempt for devolution, as the noble Lord, Lord Alton, said. It is unacceptable.

[Lord Bew (CB)]

I absolutely take the point the noble Lord is making, but some polling suggests that significant groups on both sides of the community do want to draw a line under this dispute, to use that horrible phrase. I am not suggesting that it is a majority, but you cannot deduce from the political parties their hostility. Do not forget what I said about Denis Bradley. The parties are playing a game whereby they apparently offer justice to people, but realistically there is no chance of justice. So you cannot deduce anything from the parties’ positions. Some of the polling is more mediated, and there is the position of the veterans’ groups, which has been referred to.

[Lord Bruce of Bennachie (LD)]

I do not for a minute dispute that people have different motives for their objections, and they may have motives that I do not like or respect. But it is indisputable that no political party in Northern Ireland supports the Bill, yet the Government say they are determined to legislate against the wishes of all of the elected representatives of Northern Ireland. I repeat: those elected representatives should be sitting in Northern Ireland—

[Lord Hain (Lab)]

More importantly, all of the victims’ groups are opposed to the Bill. It is quite difficult to get them to agree on anything, but they agree in their opposition to the Bill.

[Lord Bruce of Bennachie (LD)]

I thank the noble Lord for that intervention, which is obviously important —it was my final point. The most important thing of all is that the victims should determine the shape of whatever legislation we come up with. They are the people who need to know and be consulted.

This is a distasteful point to make, but the Bill is being driven by a wing of the Conservative Party that wants to protect service personnel from prosecution, which does not help the victims in any way. I plead with the Minister and I look him straight in the eye, because I believe that he will relate to this. Whatever he comes up with—he says that he wants to amend the Bill substantially, and he will have to—it has to be something that the victims recognise and that addresses their real issues and their desire for hope and justice. He has to reconcile the rule of law, human rights and the needs of victims; that is a huge challenge. I believe that he genuinely wants to try to do it, and he deserves support and help to do so, but clearly, if he cannot, the Bill can go no further.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Lord Bruce of Bennachie Excerpts

Committee stage
Tuesday 31st January 2023 Lords Chamber

[Baroness O'Loan (CB)]

My Lords, with respect, I am not sure why these measures are described as incentives. Certainly, the victims and survivors whom I met yesterday did not regard them in any way as incentives, and it does not seem to me or them that those who hold information that may be of use to the ICRIR and do not provide it in accordance with the notice under Clause 14 are likely to be incentivised by an increase in the possible fine from £1,000 to £5,000. I will simply say that I do not see this as providing any incentive to someone to provide information if they are reluctant to do so. Bearing in mind that the information may reveal that the person or organisation they represent may have done something that relates to, or constitutes part of, a Troubles-related offence, that reputational issue, with all its potential consequential damage, could be a compelling reason not to disclose information. I think the changes made by Amendments 168 to 170 are not of great significance because they seem to apply to a very limited subset of people.

[Lord Bruce of Bennachie (LD)]

I want briefly to ask the Minister how he feels people should be incentivised and whether this is the case in the Bill. The reality, as we have heard in previous debates, is that in many cases the consequences of not co-operating are nothing. If you do not co-operate, nothing happens. If the risk of co-operating is increased from £1,000 to £5,000, it is neither here nor there. Would the Minister explain why making that change would significantly affect the number of people who co-operate? Does he accept that victims are somewhat concerned that there is a desire to incentivise certain people to come forward and not others? It will do nothing to ensure that they get the information, knowledge or understanding that they need.

I know that the Minister is trying to reassure people that he is balancing the needs of victims with the concerns of veterans. The danger is that he ends up satisfying neither and alienating both. To what extent does he feel that this contributes constructively to the effective working of the commission?

[Lord Murphy of Torfaen (Lab)]

These are reasonably sensible amendments, but they go only so far. The points made by the noble Baroness, Lady O’Loan, and the noble Lord, Lord Bruce, are valid and we look forward to the Minister’s reply. If these amendments came to a vote, it is highly unlikely that we would oppose them. It was quite good that the Minister had, for example on Amendment 84, listened to the victims’ commissioner. We look forward to his reply.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Lord Bruce of Bennachie Excerpts

Committee stage
Thursday 11th May 2023 Lords Chamber

[Lord Bilimoria (CB)]

My Lords, I support the noble Lord, Lord Godson, and Amendment 174B, to enshrine in law the duty of the Secretary of State to ensure the production of an independent public history of the Troubles. I came as a boy, accompanying my late father, General Bilimoria, when he was a lieutenant colonel attached to the British Army at the School of Infantry in Warminster. Even as a young boy, I can remember the high security, the fear under which everyone lived, and the sad stories of people we knew and heard about on a regular basis. Fast forward to when I came to London as a student in the late 1980s, and then when I started my business: we lived under this fear, on a constant basis, and we witnessed the atrocities and tragedies that took place right until 1998 and the Good Friday agreement.

Successive Governments—of all political parties, to be fair—have sought to maintain peace during the Troubles, and at what a price. It is important that we record and acknowledge the history of those awful and terrible years, and the Government correctly regard a public history as playing an important role in addressing the legacy of Northern Ireland’s past. However, I hope the Minister will acknowledge that there is no mention of it in the Bill. It could in theory be managed through the Cabinet Office’s official history programme, but to my understanding that programme has been in a state of limbo in recent years. It is also insufficiently resourced to produce an official history on the Troubles—a topic that is going to be vast and require a huge amount of work from leading historians with substantial research support.

If the Government intend that the public history should support other academic research support programmes proposed by the Bill, we should note that these are to be concluded within seven years. Unless this public history is properly resourced through the Bill’s memorialisation programme, it is unlikely to be able to add meaningful value to other memorialisation activities within this timeframe.

We require an authoritative history to be produced in good time and to act as an absolute gold standard, and that this thoroughly informed history be communicated to the public, being both affordable and available to everyone who wants to read it. Additionally, it is a matter of equal concern to Ireland as well.

It is crucial that we support the proposal of the noble Lord, Lord Godson, for an additional clause in Part 4 after Clause 46, and I encourage the Government to accept this change.

[Lord Bruce of Bennachie (LD)]

My Lords, this has been an interesting debate; there is clearly a desire to have an objective record of a dark and troubled time, but it is a hugely sensitive issue that is going to present major challenges.

I absolutely agree that any history that glorifies terrorism or violence has no validity and can have no place. As the noble Lord, Lord Swire, said, people have looked at different examples such as in South Africa, and the genocide memorial in Rwanda is shocking and stunning and creates an impact. We also have to recognise that we have talked about the Troubles as a defined period, as if they just ended and the Good Friday agreement started, but we know that the divisions have not gone away. You even see in the Republic of Ireland newly elected representatives shouting, “Up the Ra”, so we are still in very difficult times.

I hear the call for an objective history, but I wonder how easy it would be to produce one and to ensure that it reflects the balance. I am not suggesting that it should not be tried, but we should not underestimate the challenges involved. At the end of the day, what would be the purpose of this history? The only fundamental purpose seems to be to ensure that, right across all sections of the community, it leads to a cry of “Never again”.

[Lord Murphy of Torfaen (Lab)]

My Lords, this has been a very interesting and thoughtful debate. For 17 years before I entered the House of Commons I taught history, and I thought that it had prepared me for the various jobs that I eventually had to do. When I became Minister of State in Northern Ireland, helping to negotiate the Good Friday agreement, I realised that it had not prepared me at all for what was up against me. Month after month, virtually every day, was occupied by a history lesson, which I was not teaching but which came from the different participants in the talks—of course, there were very different versions of what had happened over the last 30 or 40 years before then.

Teaching history had also not prepared me for the extent to which—as has been touched on a number of times in this debate—almost every single family in Northern Ireland was affected by violence in some form or another, either by people or their relatives being killed or by physical or mental injury. It struck me when I went back to Belfast a couple of weeks ago for the commemoration proceedings that, within 24 hours of getting there, I talked to two middle-aged men about their own history. In both cases, coincidentally, their fathers had been murdered. One had been murdered by the IRA, and the other had been murdered by loyalist paramilitaries. That was a coincidence; I did not seek it out. It just happened. It is the background of that communal history among people from all communities in Northern Ireland which makes this task immensely difficult. I am not saying that it should not be attempted, because I think it should be, but it will not be an easy task. It should be done by ensuring that there is as much impartiality and diversity as possible, which is a difficult combination to get together, so that it is written. The sensitivity behind this is enormous.

I make a very brief reference to the noble Baroness, Lady Hoey, and what I thought was a very good speech in terms of her reference to the gay community in Northern Ireland and how it suffered in a different way. There is particular resonance in my own constituency’s history because my immediate predecessor as Member of Parliament for Pontypool was Leo Abse, who in 1967 was responsible for the legislation which decriminalised homosexuality in Great Britain. Many people never realised that it was not replicated in Northern Ireland; it took many years before that was to happen. So, I think that this should be part of the history project as well.

When the Minister winds up, I am sure he will give us some good thoughts on what we should do about an official history. He might suggest the odd historian or two—there are one or two in here who might be very good at it—but at the same time he must understand that these matters, important as they are, have to be dealt with using the utmost sensitivity.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Lord Bruce of Bennachie Excerpts

Consideration of Commons amendments
Tuesday 5th September 2023 Lords Chamber

[Lord Bruce of Bennachie (LD)]

My Lords, these amendments are really an attempt to respond, in a way, to the way in which the Minister has engaged with this Bill. Before I speak to them, let me say that I am speaking on behalf of my noble friend Lady Suttie, who has been very engaged on this Bill but is unable to be here today. I know that she was appreciative of the engagement from the Minister; indeed, I have sat in on one or two of those meetings as well as these debates.

Many of these arguments have been rehearsed many times. We do not need to say them over and over again. I want to say only two or three brief things.

The heart of this Bill is an attempt to provide immunity, yet it was driven by a minority in the Conservative Party who really wanted to give immunity to one side only. It is not possible to do that without giving immunity to the other side. That is why nobody can support this Bill—because nobody can feel satisfied that they can secure justice in that environment.

A question has been raised about compatibility with the European Convention on Human Rights and, indeed, the possibility of tests in the court. I have had the honour of serving as a member of the Parliamentary Assembly of the Council of Europe and was a member of the Committee on Legal Affairs and Human Rights. Most of the democratic members of the Council of Europe—all of them are democratic, in fact, which is why Russia is no longer there—recognised that the point of the convention and the existence of the court was to try to avoid matters going to court while recognising that the court was there for when failures had taken place. Like the noble Baroness, Lady Ritchie, I therefore find it extraordinary that the Government and their representative in this context are saying, “Let’s test it in the courts”.

The question I have for the Minister, then, is this: if a case is taken to the ECHR and the court determines that this Bill is in contravention of the convention— all that will take time, of course; no doubt the measures that the Bill provides for will have been implemented and followed through by then—what will the impact be? Will it mean all the decisions taken under this legislation being invalidated? In the meantime, as the noble Baroness, Lady O’Loan, said, many inquests that are currently nearing progression, at least to a point where they could continue, will have been abandoned. I suggest that this Government or their successor would find themselves in an extraordinarily difficult situation, which would also be difficult to remedy because so much damage would have been done.

All of us in this House, apart from on the Conservative Benches, are quite clear that this Bill should not go ahead. However, the Minister should acknowledge, as we have in turn acknowledged of him, that there has been genuine engagement to try to move the Bill to the least damaging place, if you like—even though we all agree that it should not be here at all. These amendments are designed to be helpful and in that spirit. Frankly, it would do the Government a lot of good if they were prepared to accept them because it would show that the good will goes in both directions. I certainly make it clear that, if a Division is called on either of these amendments, we on these Benches will support it.

I hope that he will forgive me for saying so but the noble and right reverend Lord, Lord Eames, made what was a short intervention for him. However, it was so passionate in terms of his dismay and hurt, as he put it. I think many of us know how uncomfortable the Minister must be when almost anybody and everybody who has been involved in this matter in Northern Ireland says, “This is wrong. This should not be happening”. I do not think that the Bill will stand the test of time as anything other than a dishonourable and disreputable course of action by a British Government.

At this stage, I want to pick up a point made by the noble Lord, Lord Dodds. The Bill is supposed to provide reconciliation. As has been said on many occasions, it does not do that, but the noble Lord’s speech demonstrated that it not only does not provide reconciliation but aggravates grievance, which is the exact opposite of its intention and that is extremely disappointing.

The amendments in the names of the noble Lords, Lord Hain and Lord Murphy, are constructive and helpful. In particular, the point about the Kenova process has been well respected by everybody. Given the necessary resources, it could have led to progress; the amendment in the name of the noble Lord, Lord Hain, is commendable for that reason. The right of victims to be consulted properly, which is what the noble Lord, Lord Murphy, seeks, is also essential. As the noble Baroness, Lady Ritchie, said, the victims are at the heart of the problem, yet they are the people who have been most ignored by this legislation.

In that context, I hope that the House will be prepared to support these amendments, which means that we will of course be back here debating them again in the not-too-distant future.

[Baroness Hoey (Non-Afl)]

My Lords, I do not support the amendment tabled by the noble Lord, Lord Hain, who seems to be attempting to turn the ICRIR and its reviews into the sum of all the existing legacy reinvestigations that have already happened, by the PSNI, the Police Ombudsman for Northern Ireland and by Operation Kenova under Jon Boutcher. His amendment is complicated but would effectively mean that the new arrangements would be no different from what went before, and that the time required and the funding involved would be limitless, as I have said in the past. Given that to date we have already spent some £2 billion on Troubles reinvestigations, for little resultant value, if we are honest, this is not an attractive prospect.

The amendment also attempts to bind the ICRIR to the international standards required by the European Court of Human Rights at Strasbourg. I thought that the Government had already dealt with that aspect in a very late amendment by invoking the Human Rights Act. That Act has a domestic UK effect which is exactly appropriate for the ICRIR, rather than it having to respond to the political machinations of the court’s enforcing body—the committee of Ministers of the Council of Europe.

In the earlier stages of this Bill, the noble Lord, Lord Hain, and others, presented the Kenova process as a model for the ICRIR. That option seems to have disappeared from today’s amendment. I am not quite sure why the name has been removed. However, it is important to look a little at the background and history. The noble Lord knows that he played a very important role in an earlier stage of legacy policy, as Secretary of State for Northern Ireland between 2005 and 2007. In July 2005, seven years after the Belfast agreement, the IRA, in its words, “dumped arms”. A few months later, the Government responded with the Northern Ireland (Offences) Bill. This proposed an alternative justice system, outside the existing institutions, to deal with the legacy of Northern Ireland’s past.

Government Ministers have not mentioned this precedent for their current Bill, but they could well have cited this attempt to further the process, conducted by then Prime Minister Tony Blair and Jonathan Powell on behalf of the Government, and by Gerry Adams and Martin McGuinness on behalf of Sinn Féin and the IRA. The political situation in 2005-6 was not unlike that prevailing during the course of this Bill. The then Secretary of State, the noble Lord, Lord Hain, was opposed by all local parties except Sinn Féin. However, Clause 1 of the 2005 Bill referred to offences

“in connection with terrorism and the affairs of Northern Ireland (whether committed for terrorist purposes or not)”.

This meant that the amnesty provisions—and it was an amnesty, which the noble Viscount, Lord Hailsham, was very honest about in his speech—could extend to the security forces. Immediately, in the other place in December 2005, Mark Durkan, the leader of the SDLP, asserted that the Bloody Sunday soldiers, still being inquired into by the noble and learned Lord, Lord Saville, could benefit from the Bill. Sinn Féin immediately withdrew its support for the Bill and, in January 200,6 the noble Lord, Lord Hain, dropped the Bill. However, it is important to remember that the Republicans—the IRA/Sinn Féin—did not lose out. Gerry Adams and Martin McGuinness had been working on the on-the-runs scheme, which would soon move into its Operation Rapid phase, with comfort letters being issued to several hundred IRA men, as the noble Lord, Lord Dodds, has said.

Now, 20 years on, this Bill with its many imperfections sets out what the Government believe is a new model for addressing the legacy of the Troubles, something that—everyone is now being honest—was not considered back in 1998, and which the local political parties have not been able to agree on since. I therefore oppose this amendment, as it brings us back to where we started and is not moving us forward in any way, no matter what we think of the Bill.

I want to mention the amendment in the name of the noble Lord, Lord Murphy of Torfaen. I am pleased that I was signature to the noble and right reverend Lord, Lord Eames, in his amendment, which did not get put to the vote. This amendment, picked up by Labour’s Front Bench, is beginning again to put the victim at the centre of the whole issue. I feel that, if the person who is the victim has gone through the whole process of listening to someone who has come forward and given what they say is the truth, and everyone has listened and a great deal of time has been invested, and in the end the victim—the person who has really suffered—is prepared to accept that that person can have immunity, we can live that. I am disappointed that the Government have not moved a little bit on that, because some sensible suggestions were made in Committee, particularly by the noble and right reverend Lord. I hope that today perhaps they will come back and look at that.

Overall, this legacy Bill is—and I hate to use this expression—a dog’s breakfast. It has been cobbled together in a way that tries to please everyone and is ending up pleasing absolutely nobody. The Government are determined to put it through, which is why I have, in the past, supported certain amendments that would make it slightly better. I think that is all we can do at this stage, but I certainly do not think that the amendment tabled by the noble Lord, Lord Hain, is moving us forward in any way.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Lord Bruce of Bennachie Excerpts

Consideration of Commons amendments
Tuesday 12th September 2023 Lords Chamber

[Lord Murphy of Torfaen (Lab)]

It has been a long time—well over a year, as the Minister said—and I continue to say that I do not blame the Government for one second for trying to resolve what is a hugely difficult issue. Of course they were right to do so, but they do not have the answer.

My right honourable friend the new shadow Secretary for Northern Ireland, Hilary Benn—I welcome him to his post and, incidentally, pay tribute to Peter Kyle, who did a great job over a couple of years—said in the Commons last week, quite rightly, that the Government have made changes that all of us welcome, including this House, but it simply is not enough.

The Minister mentioned the Divisions we have had in the last few weeks. Twice, this House—the majorities might not have been huge, but they were majorities nevertheless—has asked the House of Commons to look again at the central controversial issue of the Bill, which is conditional immunity. He is right, of course, that ultimately we have to give way to the elected House, but that does not alter the fact that this is a friendless Bill. In effect, it has no support in Northern Ireland at all. All my experience of Northern Ireland over the years is that, where there is no support for a Bill such as this, from all communities in Northern Ireland, it will not work. There should have been consensus.

The Government should put the Bill on hold—put it on ice, if you like. Wait until there is a restored Assembly and Executive. When we debate other issues affecting Northern Ireland on Thursday, we will perhaps hear that there has been progress on the possibility of restoration. The right place for this to be debated and discussed is Belfast, not London, so put it on hold. If that does not happen, a future Labour Government will undoubtedly repeal this legislation.

[Lord Bruce of Bennachie (LD)]

My Lords, I concur with the noble Lord, Lord Murphy. I question the Minister on the wording of the Commons reason, which is very short:

“Giving family members a role in whether immunity should be granted or not would critically undermine the effectiveness of delivering on the principal aim of this legislation”.


Could the Minister explain what the principal aim of this legislation is? Many of us feel that the motivation underlying it is one of the reasons why it has attracted total opposition from all sections of the population and all the political parties in Northern Ireland.

This House was trying to ensure that families and victims have more say in the process. I absolutely concur with the Minister that he has extended his offices, to a very generous degree, with a desire to try to engage people. It is true that the Bill has been substantially improved from what it set out to be, but it does not satisfy anybody any more than it did at the beginning. Serious questions remain as to whether it accords with international human rights. We know that the Government believe it does, but others disagree. Sir Declan himself has said that he would welcome legal challenges. I referred to that the other day, as there is still a concern that the Bill may become an Act and then be subject to legislation or court action that could undermine its effectiveness.

That said, at this stage, we have exercised the debate and stated our view. The Commons has decided to persist and, in these circumstances, we are bound to accept its view.