Report Pursuant to Sections 3(1), 3(6), 3(7), 3(8), 3(9) and 3(10) the Northern Ireland (Executive Formation etc) Act 2019

Lord Hain Excerpts

Monday 9th September 2019 Lords Chamber

[Lord Hain (Lab)]

My Lords, I welcome the report on the,

“progress made towards preparing legislation implementing a pension for seriously injured victims and survivors of Troubles-related incidents”,

and I commend the officials who have been working on it. Your Lordships will recall that, in my original amendment to the legislation, I specifically and repeatedly used the words,

“severely injured through no fault of their own”.

On advice from parliamentary counsel, those words did not appear in the Bill that we passed, and I accepted that on the assurances given in this House by the Minister and in the other place that the legislation to implement the pension would be absolutely true to the spirit and intent of,

“through no fault of their own”.

When the commitment to implement a special pension for people who were severely physically or psychologically damaged through no fault of their own during the Troubles was enshrined in statute in July, it was warmly welcomed by those who had been campaigning for many years for the proper recognition and acknowledgement of the great harm done to them. But there were those in Northern Ireland who regrettably spread alarm and confusion among victims and survivors by claiming that the pension could go to those injured by their own hand because the legislation was “weak”. That was their term. They have either misunderstood or misrepresented what is being taken forward. The detailed legislation to implement the pension cannot be described as “weak”, for the very good reason that it does not yet exist in the form of the regulations due to come into effect by the end of January 2020. I am sure that the Minister will confirm that. Parliament will have the opportunity to scrutinise these regulations, including in your Lordships’ House. Therefore, I hope that the Government will take the opportunity to again give a cast-iron commitment that only those injured through no fault of their own will qualify for the pension.

There is also a report before us on the definition of a victim, which is currently set out in the 2006 Order, which was passed when I was Secretary of State for Northern Ireland. I will make two brief points about it. First, the report says:

“In the absence of consensus on this sensitive and emotive issue, the position of the UK Government is that in order to make meaningful progress, this work would be best taken forward by a newly restored Executive”.


All I can say is, “Good luck with that!”. It is precisely because it is a “sensitive and emotive issue” that there is little prospect of agreement being reached, even if the Executive were to return. I would remind the House that those campaigning for the pension dragged themselves in their wheelchairs to Stormont year after year for tea and sympathy but little else. The local political parties failed them shamefully, instead wrangling in sectarian fashion over the definition of victims, while the terrible injustice they were suffering festered on.

Secondly, the 2006 Order facilitated the setting up of the Commission for Victims and Survivors, but it also gives access to those services provided by the Victims and Survivors Service and, when it comes into operation, the mental trauma service. It is well documented that the impact of conflict can be transgenerational. Are we to say to a child— or even a grandchild—that, because of events that took place years before they were born, they will not now get access to the support services that they need because they are no longer eligible? That cannot be right. Whichever way this is taken forward, we should proceed with caution. I welcome the cool analysis that the Minister has provided. We know that his heart is in the right place on these matters and we wish him well in the progress to come.