Northern Ireland Troubles (Legacy and Reconciliation) Bill

Lord Sentamu Excerpts

2nd reading
Wednesday 23rd November 2022 Lords Chamber

[Lord Sentamu (CB)]

My Lords, I apologise for not putting my name down to speak. Having listened to the whole debate, I thought it would be good for your Lordships’ House if I gave a very short contribution, inspired by South Africa’s Truth and Reconciliation Commission. The President of South Africa’s address to us yesterday gave me the confidence to contribute briefly to this debate.

First, I congratulate the noble Lord, Lord Caine, on his speech, which graciously tried to reconcile irreconcilable problems. I also congratulate the noble and learned Lord, Lord Judge; the issues he raised and the questions he posed have to be answered. We cannot have a situation in Northern Ireland where those who committed crimes are simply pardoned and not prosecuted. The same situation is not true for England and Wales. Our law would become confused.

I commend the noble Lord, Lord Hain, for his efforts towards achieving the Belfast/Good Friday agreement. The speech of the noble and right reverend Lord, Lord Eames, warmed my heart. If the Minister is wise, he will pause this Bill and ask noble Lords such as these to work out what should come before your Lordships’ House. If not, we may pass this Bill but it will not happen in Northern Ireland.

What did we learn from the Truth and Reconciliation Commission, chaired by Archbishop Desmond Tutu? There had been a few prosecutions of very high-ranking officials from the security forces, including the former Minister of Law and Order, Adriaan Vlok. He was given a suspended sentence following a plea bargain. Many other such cases were not prosecuted. The victims felt that the Government were strengthening impunity and that the beneficiaries of apartheid had escaped accountability for their actions. The Truth and Reconciliation Commission was set up to try to deal with that feeling. Despite the challenges and limitations, the commission’s decision-making processes and hearings attracted global attention. It was the first commission to hold public hearings at which victims and perpetrators were heard. While amnesties were generally considered inconsistent with national law, the South African Truth and Reconciliation Commission provided a basis for showing that conditional amnesties were a useful compromise, particularly if they helped to secure confessions from perpetrators. If they led to a confession, there was a positive; if they did not, they did not.

This was a major departure from the sort of trial there was at Nuremberg. Although it was built on justice, the methodology was very different. It provided the world with another tool in the struggle against impunity and the search for truth and justice. The regret that Archbishop Desmond Tutu had was that it did not have “justice” in its name. It had “truth and reconciliation”; the truth was found and reconciliation was attempted but, in the end, justice was not delivered.

I took part in the Drumcree reconciliations in Northern Ireland. For me, that was a statement of public policy. Could we not enshrine in law what most people are saying we should not do and pause, like we did with the health Bill in this House, and come back with something slightly more wonderful, as the noble Lord said?