Historical Institutional Abuse (Northern Ireland) Bill [HL]

Lord Murphy of Torfaen Excerpts

2nd reading (Hansard): House of Lords
Monday 28th October 2019 Lords Chamber

[Lord Murphy of Torfaen (Lab)]

My Lords, just under 20 years ago it fell upon me as the then Secretary of State for Wales to make a Statement in the other place on the north Wales child abuse inquiry, which had been chaired by another distinguished judge, Sir Ronald Waterhouse. It uncovered the worst example at that point of institutional abuse known in our country and eventually led to 72 recommendations, including the appointment of a Children’s Commissioner for Wales, which were then echoed in every other part of our nation.

Today, unhappily, we are considering very similar events. I, with many other Members of your Lordships’ House, pay tribute to the late Sir Anthony Hart, for the tremendously difficult job that he and his colleagues undertook. They oversaw and reported on a total abandonment of trust between adults and young people, and the destruction of innocence and, sometimes literally, of lives. It is a tribute to the then Executive and Assembly that they decided to set up this inquiry in the first place. There is an idea that the institutions in Northern Ireland were not working properly, but this alone indicates that they were. Together, they looked at a serious problem and decided to institute an inquiry upon it. It is not in front of us today, but part of Sir Anthony’s recommendations included a proper full public apology—I gave one on behalf of the people of Wales two decades ago, and, obviously, it should be done again—and the erection of a memorial somewhere on the estate in Stormont. That would be a truly proper recognition of the suffering of all youngsters over all those years.

Today, however, the House is charged specifically with agreeing to the appointment of a commissioner for survivors of institutional child abuse, the establishment of the historical institutional abuse redress board, and a proper system for compensation of the victims of abuse. Of course, the Opposition entirely, wholly and fully support the Government on this Bill, but I ask the Minister to consider some issues with regard to the detail. He might be able to do it now or at a later stage—but not too late, as we have indicated in this debate.

There should perhaps be a look at an immediate acknowledgement payment of £10,000 to those who meet the criteria, followed by a larger redress payment when full details have been clarified. Some have argued that there should not be an upper limit of £80,000, or £100,000 in the Australian case, because there may be some truly exceptional cases which require more, although I understand the constraints on the public purse. The Bill should allow applicants for compensation to request an oral hearing if they desire it—I hope the Government can consider that matter—and should require the redress board to have due regard to the advice that is given to it by the commissioner himself or herself. Finally, the criteria regarding the severity of abuse should take into account the duration of the stay in what were undoubtedly harsh environments.

I entirely agree with all the points your Lordships have made with regard to telescoping the Bill, because we live in unusual and difficult times. On the one hand, of course we need to raise the points I just mentioned and others by way of scrutiny—frankly, we have not had enough scrutiny of Bills in Parliament over the last number of weeks. However, I very much take the point that if we are on the edge of the dissolution of Parliament and a general election, we do not want the Bill to fall. Therefore, the Opposition will absolutely agree with anything the Government can do to ensure its swift passage in this place and in the other place.

The other reason, as a number of your Lordships have mentioned, is that some of the victims to which this applies are now old men and women—as old as me, because they go up to over 70. It is important to realise that, because of ill health and so on, we should deal with these matters as swiftly as possible, not simply because of the progress of the Bill but because some people might die before they can be compensated. We owe it to them and to society in Northern Ireland, as well as in the United Kingdom, to pass this admirable Bill. As I say, the Government have our full support.

Historical Institutional Abuse (Northern Ireland) Bill [HL]

Lord Murphy of Torfaen Excerpts

3rd reading (Hansard): House of Lords & Committee: 1st sitting (Hansard): House of Lords & Report stage (Hansard): House of Lords
Thursday 31st October 2019 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Business, Energy and Industrial Strategy and Northern Ireland Office (Lord Duncan of Springbank) (Con)]

I thank the noble Lord for this opportunity to do so. I agreed to come back on certain specific points. The first was the question of whether the Bill could be included in a wash-up. From speaking with parliamentary lawyers, I understand that the wash-up exists only between Sessions, not between Parliaments, so it would not be possible for the Bill to fit into that category. I understand that there are ongoing discussions at the other end about whether there will be opportunities to take this matter forward there. Unfortunately, I cannot give a commitment here on behalf of the other place but, as I said, I understand that those discussions are ongoing.

It is clear that there has been a very strong consensus—not just one based on the natural rhythm of the House but one that has been adapted to make that point crystal clear. We send that message to the other House with a degree of unanimity, which is perhaps rare in a number of areas, not least in the area of Northern Ireland. On that basis, I hope that it will be received in the same manner in which it has been received here and that the usual channels will reach what I believe to be the right conclusion. However, I cannot commit to that on their behalf, although I wish that I could.

[Lord Murphy of Torfaen (Lab)]

My Lords, I associate myself with my noble friend Lord Hain and indicate that the Opposition entirely agree with the Government on this Bill. It was, after all, a government Bill—the very first introduced in the House of Lords. We will do nothing at all to obstruct its passage either in this House or in the other place. To the contrary, we wish the Minister and his colleagues well in trying to get this legislation on to the statute book before the general election, because there are literally hundreds of people in Northern Ireland waiting on the Government’s decision on this matter.

[Lord Empey (UUP)]

My Lords, I understand and agree with what the noble Lord, Lord Murphy, has said. Perhaps the Minister could get across to his colleagues and the business managers in the other place the degree of anguish that would be caused by a failure to deliver this legislation, given that everybody in both Houses and in every party, both here and in Northern Ireland, supports it—a situation that is very rare. Such a failure cannot be explained away. We know that there is time next week—there will be two sitting days in the other place—and I cannot imagine that it is not possible to achieve this. I urge the Minister to make that point strongly to the Government.

Given the nature of the victims of this abuse and given that inquiries are also taking place in England, it behoves us all to show an example—to show that we are serious about it and that we intend to alleviate the suffering. I think that people would find it inconceivable that we would be incapable of delivering this legislation.