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.