Northern Ireland Troubles Legacy

Mark Francois Excerpts

Thursday 13th November 2025 Commons Chamber

[David Davis (Goole and Pocklington) (Con)]

I start by welcoming the Secretary of State for Northern Ireland to his place. We all know that Secretaries of State do not have to answer Adjournment debates. He and I will, of course, have robust differences of view on this, but no one can gainsay either his courtesy or his commitment to the task and so I thank him for being here.

In the coming weeks, we will be asked to consider legislation addressing the legacy of Northern Ireland. We must approach that with the real facts of what happened in Northern Ireland, not the misinformation peddled by the IRA and their sympathisers. We should also remember that the state has a moral obligation to protect brave soldiers who defended our freedoms in the most testing circumstances.

This is not simply a question of policy detail, but a question of principles: the principle that we do not abandon those who acted under our lawful instruction; the principle that we do not risk weakening the effectiveness of our armed forces; and the principle that we do not bend to the demands of terrorists or, indeed, their modern sympathisers. I am afraid that the Government’s proposed legislation does little to show any willingness to defend those principles, to which I will return shortly.

In the Westminster Hall debate in July, we heard Labour MPs—Government-supporting MPs—argue:

“The only thing that grants immunity to former members of the IRA is the Northern Ireland legacy Act as it stands.”—[Official Report, 14 July 2025; Vol. 771, c. 7WH.]

That is, the Conservative Government’s Northern Ireland Troubles (Legacy and Reconciliation) Act 2023. That is plain wrong. The truth is that there has long been a de facto amnesty for crimes committed during the troubles.

Blair’s Government created the Good Friday agreement. It is an agreement that, for the purpose of achieving peace—a good aim—drew a line under the atrocities that had been committed without resolving the complex issues of accountability. The Good Friday agreement contained a provision for early release of convicted prisoners. Four hundred and eighty-three terrorists were released from prison early—effectively pardoned—of which 143 had been sentenced to serve life sentences, and they inevitably included many killers. At least 16 terrorists were granted the royal prerogative of mercy—also effectively a pardon. They included hardened terrorists, guilty of extreme violence, such as Gerry Kelly, convicted for the Old Bailey bombings, which killed one person and injured over 200; the three IRA terrorists who murdered SAS Captain Herbert Westmacott; and Fergal Toal, who held down his victim’s arms while two of the victim’s fingers were hacked off with a hammer and chisel. They all received the royal prerogative of mercy.

It was also the Blair Government who authorised the so-called on-the-run administrative scheme—that is its formal title—and the letters of comfort that accompanied it. It was a secret scheme that only came to light properly in 2014, years after terrorists had received their letters. It was kept secret precisely because it was so spectacularly controversial, and was done in response to Gerry Adams saying, “it would be better if there was an invisible process for dealing with OTRs.” The name speaks for itself: those people were on the run from the law.

It was an administrative scheme precisely because attempts to legislate for it were dropped when Sinn Féin opposed them on the grounds that it would have protected soldiers too. Those were their explicit grounds. Of course, there was no risk for them in opposing it; they already had their letters, they already had their de facto immunity. The Government are coy about the exact numbers, but at least 156 people received an individual letter of comfort and many others were listed in Government communications as “not wanted” by the authorities.

Again, we are talking about vicious murderers. Ninety-five of those in receipt of letters of comfort were involved in 295 murder investigations—295 murders. The letters were clear. I quote from the first letter of comfort issued:

“You would not…face prosecution for any such offence should you return to the United Kingdom.”

Those were letters given to murderers.

The Government will, of course, retreat to the refuge of legal technicality. They will tell us that these letters were not, strictly speaking, an amnesty, as they left open the possibility of charges for crimes not yet discovered—as does any amnesty. The Government are hiding behind legalistic language. These letters absolutely did stop prosecutions for terrorist atrocities.

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

John Downey.

[David Davis]

My right hon. Friend on the Front Bench mentions the name John Downey. In 2014, John Downey faced prosecution for the Hyde Park bombing. He produced his letter of comfort and his trial collapsed. What the judge said at the trial is important.

He stated there is a

“public interest in holding officials of the state to promises they have made in full understanding of what is involved in the bargain.”

He could not be clearer. He concludes that

“it offends the court’s sense of justice and propriety to be asked to try the defendant.”

It should not have even been brought to trial. In other words, the judge was recognising a de facto amnesty. It was only at the collapse of Downey’s trial that the existence of the administrative scheme became public knowledge.

The Secretary of State will respond with great charm and say, “Ah, but Mr Downey is now facing prosecution.” That is what he will say.

“Soldier F” Trial Verdict

Mark Francois Excerpts

Monday 3rd November 2025 Commons Chamber

[Hilary Benn]

I am grateful to the hon. Member for referring to the Saville inquiry. That long-running inquiry finally brought some truth and justice, in the eyes of families of the 13 people shot dead, and led the former Prime Minister to make his apology. The hon. Member is right when he says that, given the passage of time, it is “vanishingly difficult”—I think that was the phrase he used—to obtain convictions. Most of the families—not all—whom I have met and who lost loved ones recognise that fact. However, he also has to acknowledge that the legacy Act, with its offer of immunity—

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

Conditional immunity.

[Hilary Benn]

As I say, the legacy Act’s offer of immunity in return for statements that the legacy commission regarded as truthful and credible could have given immunity to terrorists. That is why the immunity that the last Government sought to put in place was rejected by victims’ and survivors’ groups in Northern Ireland, was opposed by all the political parties in Northern Ireland, and was found by the courts to be incompatible with our human rights obligations. Therefore, as I have said to the House before, and I have said to the hon. Member for Brentwood and Ongar (Alex Burghart), the Act was no basis on which to try to help those families find the answers that they are looking for. That is why we need a different approach—building on the establishment of the legacy commission, I grant him, because I took the decision that we would not abolish it but reform it. That is what the Bill that we will debate shortly seeks to do, and I look forward to it being scrutinised by the House.

Northern Ireland Veterans: Prosecution

Mark Francois Excerpts

Monday 14th July 2025 Westminster Hall

[Louise Jones]

I will make some progress and then come back to the right hon. Gentleman. It was a law that was forced through to try to curry favour in a desperate attempt to save the dying Administration of Boris Johnson. Among all the complicated arguments around how best to properly deal with the impact of the troubles, there is one huge, incontrovertible fact, which was ignored in the previous speech, and which no amount of clever talk or posturing can obscure: the legacy Act, as it stands, gives immunity to terrorists. That is abhorrent.

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

You sent them letters of comfort.

[Louise Jones]

To address that point, the head of the Police Service of Northern Ireland said that the letters that the right hon. Gentleman refers to grant no immunity. The only thing that grants immunity to former members of the IRA is the Northern Ireland legacy Act as it stands. That is a simple fact. If we want to protect veterans—I know that everybody in this room wants to—we must remember those who were murdered in cold blood by terrorists. Those terrorists now sleep soundly in their beds, free from the threat of prosecution—the threat of justice—precisely because of the Northern Ireland legacy Act. They were given that by a British Government. A British Government have given terrorists who have murdered British personnel complete immunity.

There was an article in The Guardian today about the family of Tony Harrison, a British para who was murdered in east Belfast. He was shot while at home with his fiancée. He was not on military operations—there was no firefight. He was shot in the back in his own home. He was just 21 years old. Under the Northern Ireland legacy Act as it stands, there is no route for his murderers to be held to account. No wonder his family have now launched a legal challenge to the Act, because they refuse to have Tony be denied justice. We must never forget, but always remember, the 200 personnel whose families are being denied justice because of this Act and how it stands. That is fundamental to why the legacy Act must be repealed and replaced.

--- Later in debate ---

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

It is a pleasure to serve under your chairmanship, Ms Lewell, as we debate this critical petition, which has over 176,000 signatures, some 6,000 of which were added today. I commend my hon. Friend the Member for Berwickshire, Roxburgh and Selkirk (John Lamont), who introduced the debate so ably. It is a privilege to have in the Public Gallery some 30 veterans who served their country bravely in Northern Ireland, including five from the Royal Hospital Chelsea. For obvious reasons, these veterans have a very strong interest in our proceedings today. I say to them, and to all those who served alongside them, “Thank you for your service.”

For context, some 300,000 British soldiers served in what became known as Operation Banner, the British Army’s mission to uphold the rule of law in Northern Ireland. Of those, well over 700 were murdered, and thousands more suffered life-changing injuries, at the hands of both republican and so-called loyalist terrorists. If we include the UDR and the RUC GC, as the right hon. Member for Belfast East (Gavin Robinson), the leader of the DUP, rightly said, the total comes to more than 1,400 dead.

The previous Conservative Government introduced the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 to try to assist the community in Northern Ireland to move on from the difficult history of the troubles and to provide protection for many of those veterans from an endless cycle of investigation and reinvestigation, often inspired by Sinn Féin. The Labour party’s election manifesto stated their intention to repeal that Act in favour of new legislation, although no such legislation has been forthcoming, even in draft form. Labour has even sought to claim that the legacy Act somehow protected alleged IRA terrorists from prosecution, when it was the Blair Government that famously handed hundreds of such men letters of comfort so that they could not be prosecuted anyway—and, even if they were, they would only get a maximum of two years, even for murder, as brilliantly pointed out by my right hon. Friend the Member for New Forest East (Sir Julian Lewis).

Pending new legislation, the Government have produced a so-called remedial order under the auspices of the Human Rights Act 1998. By this method, they seek to remove some provisions of the legacy Act that, they state, have been found in the lower courts to be incompatible with the 1998 Act—even though the incoming Government could have appealed to the UK Supreme Court but, seemingly deliberately, did not.

The net effect of that remedial order is twofold. First, it would allow the conveyor belt of coronial inquests in Northern Ireland to resume, a number of which have led to verdicts against the soldiers—at Clonoe, for instance—

[Alex Ballinger]

Will the shadow Minister give way?

[Mr Francois]

No.

My right hon. Friend the Member for Goole and Pocklington (David Davis) brilliantly highlighted Clonoe in his very moving speech. The remedial order would also remove the clauses in the legacy Act that currently prevent Gerry Adams and several hundred of his associates from attempting to sue the British Government, and thus the taxpayer, for compensation.

At Prime Minister’s questions on 15 January, the Prime Minister faithfully made this promise:

“We are working on a draft remedial order and replacement legislation, and we will look at every conceivable way to prevent these types of cases from claiming damages—it is important that I say that on the record.—[Official Report, 15 January 2025; Vol. 760, c. 324.]

Nevertheless, the remedial order, pushed through the Joint Committee on Human Rights barely a month later with Labour and, I am sad to say, Liberal votes, remained unchanged, and still does.

These proposals have evoked considerable concern, not least from the Royal British Legion, which stated in its briefing note:

“The Royal British Legion calls for the Government to urgently provide clarity and their intent regarding the process of legacy prosecution. We believe that the anxiety and uncertainty created by the current situation is unfair and is having a substantial negative impact on veterans and their families.”

I cannot speak for the Royal British Legion—but, having met the organisation recently, were the Government to proceed with this ill-advised course so obviously injurious to veterans, I cannot foresee the legion standing idly by. Moreover, the three Veterans Commissioners for Scotland, Wales and Northern Ireland, who are neither ill-informed nor naive, recently issued a powerful joint statement that

“we stand united in our firm support of the motion to be debated in Westminster on 14 July…we are deeply concerned by the prospect of retrospective legal action being taken against veterans who were carrying out their lawful duties, often under immense pressure and threat.”

Incidentally, the Government have been dragging their feet for months on their absolute promise to create an English Veterans Commissioner, and we now know why. Indeed, we now understand that the British Government and their counterparts in the Irish Republic have been negotiating some form of sordid backstairs deal, part of which, we fear, will lead to further attempted prosecutions of veterans while assisting Gerry Adams in return.

This form of Government-sanctioned lawfare is self-evidently a case of two-tier justice at its worst, and that is why we on the Opposition Benches are utterly against it. Will the Secretary of State therefore provide absolute clarity on whether the Government still intend to proceed with a remedial order, which would likely result in a high-stakes vote this autumn, or whether they now intend to go straight to primary legislation instead? Our veterans, who unlike the provisionals never received letters of comfort from the Blair Government, and many of whom now effectively have a sword of Damocles hanging over them yet again, deserve a straight answer from the Secretary of State this afternoon.

In addition to the powerful moral argument against this misguided policy, as made by many of my hon. Friends and others today, there is also its potential adverse effect on recruitment and retention.

[Alex Ballinger]

Will the right hon. Gentleman give way?

[Mr Francois]

No. Who would wish to serve a Government—

[Alex Ballinger]

Will the right hon. Gentleman give way?

[Mr Francois]

Later.

[Emma Lewell (in the Chair)]

Order. The shadow Minister has made it clear that he is not going to give way.

[Mr Francois]

Who would wish to serve a Government who may ask them to risk their life fighting for the state, only to be prosecuted in a courtroom half a century later? As General Lord Dannatt, a highly respected former Chief of the General Staff, put it so well:

“Why would any sensible young person think of putting on the Queen’s uniform if they thought they could be tapped on the shoulder years after an operation and questioned over false allegations?”

The Secretary of State will already be aware from his colleagues in the MOD, some of whom have a distinguished special forces background, that this process is having an adverse effect on morale in the special forces community, and in the Army more widely. It would be an act of sheer folly, and aid to our enemies, to continue with this act of military self-harm so that, put bluntly, even fewer people will join the Army and even more will leave. This is therefore not just morally but operationally mad, and a gift to our adversaries to boot.

[Alex Ballinger]

The right hon. Member talks about recruitment. Does he recognise that 14 years of Conservative government wrecked our armed forces, and that what the Labour Government are doing to invest in our armed forces and in their housing has led to an increase in recruitment, because new people recognise how important that is?

--- Later in debate ---

[Mr Francois]

I will answer the hon. Gentleman on recruitment. If it had not been for the brave men sitting in the Public Gallery, there would be no Good Friday agreement. Thank God they joined up and had the courage to serve.

I say to the Secretary of State, in all candour, that what he is doing is wrong. Many of the soldiers who served bravely in Northern Ireland were recruited from so-called red wall seats, from Blackburn to Bury and from Bolton to Burnley, and they served in proud regiments in Northern Ireland to uphold the rule of law. Surely the Secretary of State will not try to dragoon Labour MPs through the Division Lobby to throw veterans to the wolves while doing Gerry Adams a favour. The events of the past fortnight show that Labour Back Benchers can no longer be taken for granted—and surely not on this. How could they possibly go back to their constituencies and look local veterans and their descendants in the eye after voting for such a pernicious proposal?

Perhaps I can conclude with a poem. It is by Rudyard Kipling, and is called “Tommy”, about the ordinary British soldier and the ingratitude of his country after he had fought for it in war. Perhaps the Secretary of State will recognise the final stanza:

“For it’s Tommy this, an’ Tommy that, an’ “Chuck him out, the brute!”

But it’s “Saviour of ‘is country” when the guns begin to shoot;

An’ it’s Tommy this, an’ Tommy that, an’ anything you please;

An’ Tommy ain’t a bloomin’ fool—you bet that Tommy sees!”

Secretary of State, these brave men fought against the IRA, one of the most ruthless and vicious terrorist organisations the world has ever seen. They did their duty to their country. They defended us. Do not aid and abet their former mortal enemy. Let these brave men live out their lives in peace.

--- Later in debate ---

[Hilary Benn]

I am afraid that because of the time I am not able to.

That is why, as well as listening carefully to veterans, which we are doing, we also need to listen to the many families who lost loved ones, including the families of British service personnel who served so bravely.

More than 200 families of UK military personnel are still searching for answers about the murder of their loved ones 30, 40 or 50 years ago. The Police Service of Northern Ireland confirmed on 30 April 2024 that it had 202 live investigations into troubles-related killings of members of our armed forces, and a further 33 into the killings of veterans. The following day, on 1 May, each and every one of those investigations was forced to close by the legacy Act.

[Mr Francois]

Will the Secretary of State give way?

[Hilary Benn]

I am not going to give way.

The other challenge that all of us have to face is the lack of confidence in the Act on the part of communities in Northern Ireland, and in the commission it created, which we will seek to reform so that it is more capable of commanding confidence for those who are searching for answers. We owe it to all those families; the hon. Member for Surrey Heath (Dr Pinkerton) reminded us to remember them and their search for answers. We owe it to them and to all communities to get this right, including trying to reach an agreement with the Irish Government. Doing nothing is not credible.

Clonoe Inquest

Mark Francois Excerpts

Tuesday 11th February 2025 Commons Chamber

[Hilary Benn]

That is not the Government’s position. The Government’s position is indeed to stand behind our brave armed services personnel—

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

By repealing the Bill.

[Hilary Benn]

By repealing the Bill, indeed, which has been found repeatedly to be unlawful. I make no apology for saying to the hon. Member for Boston and Skegness (Richard Tice) and to the House that this is a Government who uphold the European convention on human rights. I recognise that some people say we should leave, which would put us in the same position as some other countries around the world with which I would not want the United Kingdom to find itself associated. The point about the European convention is that its rights are for every single citizen: those rights may accord people with a decision that Members of the House disagree with today, but tomorrow they may protect the rights of every single one of us. That is why we are committed to the ECHR.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Mark Francois Excerpts

Consideration of Lords amendments
Tuesday 18th July 2023 Commons Chamber

[Chris Heaton-Harris]

I do not have those figures with me, but I will get them from my officials and give them to the hon. Gentleman when, with the leave of the House, I reply to the debate later.

Building on what I was just outlining, Lords amendment 62 ensures that a grant of immunity must be revoked if an individual is subsequently convicted of terrorism offences or offences connected to terrorism committed after the immunity has been granted. That includes offences relating to fundraising, involvement in terrorist fundraising arrangements and the encouragement of terrorism and dissemination of terrorist publications. The offender will also be precluded from obtaining immunity for offences within the scope of the revoked grant.

We are also disapplying the Northern Ireland (Sentences) Act 1998 for future convictions. That means that individuals who choose not to engage fully with the commission and are not granted immunity, but who are subsequently convicted of an offence, will not be able to apply for early release and will be liable to serve a full sentence. I thank my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith) for raising that issue before the Bill left the Commons this time last year. Alongside that, having listened to suggestions in the debates in this House, we are increasing the financial penalty for non-compliance with the commission from up to £1,000 to up to £5,000, which is in line with the asks during this Bill’s passage.

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

The Secretary of State said that it has taken a year for the Bill to go through the House of Lords—I and others campaigned for four years for the Bill even to be introduced in the first place. I fear that some of the Government’s own amendments introduced in the other place have had the effect of swinging the pendulum too far—I admit it is a delicate balance—against our veterans who served in Operation Banner in Northern Ireland. Specifically, the Bill now gives the independent commission extremely wide and latitudinal powers to decide whether a veteran should still be investigated, even despite the Bill’s so-called double-jeopardy provisions. The decision still ultimately lies with the commission. It also has great latitude in deciding whether a veteran has complied with an investigation, which would then allow them immunity. They would not get it if the commission ruled they had not complied. Can the Secretary of State absolutely assure me in his heart of hearts that we are not institutionalising the mechanism for a republican lawyer fest, which would be totally contrary to the whole point of bringing in the Bill in the first place?

[Chris Heaton-Harris]

I am a great believer in short and honest answers to such questions, and the answer is yes.

I now turn to the conduct of reviews by the commission and, in particular, Lords amendment 20, which establishes minimum standards for reviews conducted by the ICRIR to ensure that conduct is investigated to criminal justice standards, along the lines of Operation Kenova.

[Mr Francois]

Will the Secretary of State give way?

[Mr Deputy Speaker (Mr Nigel Evans)]

The right hon. Gentleman really does have to be pithier than he was in his last intervention. By their very nature, interventions should be short.

[Mr Francois]

I thank the Secretary of State for that clear answer, but could he just with a couple of sentences pithily explain why he is so confident that he is right?

[Chris Heaton-Harris]

I will turn to elements of this later in my speech, but I referred earlier to the importance of the conditional immunity clause. I think what my right hon. Friend will hear in the course of this debate is how many people think the pendulum has swung in this delicate balance, as he has put it, too far in the opposite direction to the way he believes it has swung.

--- Later in debate ---

[Mr Francois]

Sinn Féin has always argued that, because in the early years of the troubles fatal shootings by armed forces personnel were investigated by the Royal Military Police, and only after a few years was that transferred to the RUC, those investigations were not article 2 compliant. As the Government have deliberately strengthened the role of article 2, via their own amendments, does that mean in practice that every single fatality prior to 1972 is likely to be reinvestigated in order to be article 2 compliant?

[Chris Heaton-Harris]

No.

Turning now to the role of victims and families—

[Mr Francois]

Sorry, does the Minister want to explain that?

[Chris Heaton-Harris]

I will happily explain a bit later, when I have finished what I am saying.

Turning now to the role of victims and families, through our extensive engagement with stakeholders we have sought to make the Bill more victims-centred. To achieve that, I am placing the commission, when exercising its functions, under a duty to have regard to the general interests of persons affected by troubles-related deaths and serious injury. The Bill will also make it clear that in exercising its functions, the commission’s principal objective is to promote reconciliation. That is a crucial overarching principle that will embed the need to promote reconciliation in everything the ICRIR does when carrying out its work.

The commission will also be placed under a new duty to offer victims and their families the opportunity to submit personal impact statements, setting out how they have been affected by a troubles-related death or serious injury. The statements must be published if the person making the statement so wishes, subject to limited exceptions that ensure no individuals are put at risk and that the Government’s duty to keep people safe and secure is upheld. We tabled the amendment as a direct result of engagement with the Commissioner for Victims and Survivors in Northern Ireland, who maintained it was crucial that victims had a voice in this process. We agree.

The Government fully recognise the need for the commission to have credibility, expertise and legitimacy so that effective investigations can be carried out and information provided to families as soon as possible. On 11 May, I announced the intended appointment of the former Lord Chief Justice of Northern Ireland, Sir Declan Morgan KC, as chief commissioner-designate, having obtained input from the Lord Chief Justices of Northern Ireland, and England and Wales, and the Lord President of the Court of Session in Scotland, all of whom I would like to thank publicly. To allay further concerns around the integrity and independence of the immunity process, the Government’s Lords amendments place a duty on the commission to produce guidance that is related to determining a request for immunity. That will replace the power that previously rested with the Secretary of State for Northern Ireland.

There are also amendments relating to oral history and memorialisation. We are, I am afraid, never going to agree in Northern Ireland on a common narrative about the past, but we can aim to put in place structures to help all in society, including future generations, have a better understanding of the past, with the overarching aim of enabling people to move forwards. Therefore, our memorialisation strategy will seek to build consensus around inclusive new initiatives to commemorate those lost in the troubles and seek to ensure that lessons of the past are not forgotten. I fully understand concerns raised regarding the need to prevent the glorification of terrorism in relation to the memorialisation strategy and other measures in part 4. As a result, we have added an overarching requirement to clause 48 so that designated persons must have regard to the need to ensure that the way in which the troubles-related work programme is carried out promotes reconciliation, anti-sectarianism and non-recurrence.

We also amended the Bill to broaden the requirement to consult the First Minister and Deputy First Minister with a duty to consult organisations that are experienced in reconciliation and anti-sectarianism, and to consult relevant Northern Ireland Departments before deciding on a response to each recommendation in the memorialisation strategy. We added an additional requirement in clause 50 that the Secretary of State must consult organisations that have an expertise in reconciliation and anti-sectarianism before designating persons for the purposes of this part of the Bill.

There are also Government amendments relating to interim custody orders. We have made the amendments in response to concerns raised by Members of both Houses over the 2020 Supreme Court ruling concerning the validity of the interim custody orders made under the troubles-era internment legislation. To be clear, it has always been the Government’s understanding that interim custody orders made by Ministers of the Crown under powers conferred on the Secretary of State were perfectly valid. In order to restore clarity around the legal position and to make sure that no one is inappropriately advantaged by a different interpretation of the law on a technicality, the Government tabled amendments that retrospectively validate all interim custody orders made under article 4 of the Detention of Terrorists (Northern Ireland) Order 1972, as well as paragraph 11 of section 1 of the Northern Ireland (Emergency Provisions) Act 1973. That has the effect of confirming that a person’s detention under an ICO was not unlawful simply because it had been authorised by a junior Minister rather than by the Secretary of State personally.

--- Later in debate ---

[Chris Heaton-Harris]

I thank the hon. Gentleman for his question. There have been a number of quite forthright conversations between the Taoiseach, the Tanaiste and myself on this matter. Obviously anything could be tested in legal action as we move forward, but I believe that the Bill is article 2-compliant. I do not see that as negative, because there are five elements to article 2 compliance—independence, capability of leading to the identification and punishment of perpetrators, prompt and reasonably expeditious, involvement of next of kin, and a degree of public scrutiny, which I think are all included in this. So I think we are in a strong place to resist any such potential charges, and I would like to think that means that we can happily move on together.

[Mr Francois]

I have been waiting patiently for the Secretary of State to answer the question that I asked him earlier about the interrelationship between article 2 and pre-1972 investigations. I am sure he meant to answer the question before he sat down. He has very few bits of paper left. Could he now please give a direct answer to my question about the interrelationship between the two?

[Chris Heaton-Harris]

I think my hon. Friend will remember that I gave him a direct answer and he wanted something that was a bit longer. I have just given him something that is a bit longer that identified why there is article 2 compliance, and we believe—[Interruption.] I did directly, which I think is the best way of dealing with this.

[Mr Francois]

It does not answer my question.

[Mr Deputy Speaker (Mr Nigel Evans)]

Order.

[Chris Heaton-Harris]

The ICRIR has always, as a public body, needed to comply with all its duties under the Human Rights Act. We have made it clearer, on the face of the Bill, that the commissioner for investigations must comply with those duties when carrying out their reviews. It is a very straightforward—it generally is a straightforward—answer to a straightforward question, and I hope that my hon. Friend, when he reads Hansard, will see that his questions have been answered threefold in what I have said.

[Mr Francois]

No they have not.

[Chris Heaton-Harris]

There you go; we beg to differ.

Finally, through these amendments the term “the relevant day” has been removed from the Bill, so a consequential amendment (a) to Lords amendment 119 in my name simply seeks to remove the power to define the relevant date.

I am very confident that the Government’s legacy Bill provides the framework that will enable the independent commission, established by the Bill, to deliver effective legacy mechanisms for families and victims, whilst complying with our international obligations. When the Bill becomes law the delivery of those mechanisms will be led by Sir Declan Morgan KC, currently chief commissioner-designate of the independent commission. Sir Declan is also an individual of the highest calibre, with a track record of delivery on legacy issues, and I know that he will approach the task with the rigour, integrity and professionalism required.

The challenge before us is immensely difficult, but it is also clear. If we are to place the legacy of the troubles in the rear-view mirror and to help all in society to move forward in a spirit of reconciliation, we must try to do things differently.

Northern Ireland

Mark Francois Excerpts

Wednesday 22nd March 2023 Commons Chamber

[Chris Heaton-Harris]

I am afraid I have not seen that letter; I know nothing of it. I believe that the Retained EU Law (Revocation and Reform) Bill will do a good job of work for the whole of the United Kingdom.

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

I fear that today we will respectfully have to agree to disagree. My right hon. Friend has described the brake on multiple occasions, including in BBC interviews, as a veto. Given that, if Stormont pulls the brake, UK Ministers may still not exercise the brake in exceptional circumstances—so it is down to ministerial fiat—and given that, even if they do, the EU can object and it will be referred to independent arbitration, where the UK could lose, that is a route to arbitration, isn’t it? That is not a veto. Will he accept that?

[Chris Heaton-Harris]

One, it is a veto; two, it is a route to arbitration; and three, it removes any element of the European Court of Justice being relevant in this decision. So I think we have actually delivered on some of the things that my right hon. Friend and I have campaigned on over the years.

Northern Ireland Troubles (Legacy and Reconciliation) Bill

Mark Francois Excerpts

2nd reading
Tuesday 24th May 2022 Commons Chamber

[Brandon Lewis]

Yes. I will go further: as we will outline in guidance, people will not be able to benefit if they come forward at the last moment. They have to engage at the point when they are asked. The short answer to my right hon. Friend’s question is yes.

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

I welcome the fact that after four years and two general election manifestos, the Government have finally brought forward the Bill that they have been promising the House for so long, but will the Secretary of State reassure me and my colleagues on one very important point? There are suggestions that the reconciliation process could take five years or longer. Many of our veterans are in the autumn of their lives, many are in poor health and some may well pass away before we get to that point. Will the Secretary of State reassure me and the House that this legislation, which was advertised as bringing vexatious prosecutions to an end, will not actually institutionalise precisely that problem?

[Brandon Lewis]

Yes, I can give that assurance. As will be shown throughout the Bill’s passage, we are absolutely determined that it does not institutionalise the kind of problem that we are seeking to resolve, as well as, obviously, looking to deliver for the people of Northern Ireland. I can give my right hon. Friend that reassurance.

Public Prosecution Service and Legacy in Northern Ireland

Mark Francois Excerpts

Thursday 13th January 2022 Commons Chamber

[Conor Burns]

My right hon. Friend speaks powerfully about how frustrated colleagues are that we have not yet brought that legislation to the Floor of the House. I say to my hon. and right hon. Friends and to all hon. Members that we are absolutely committed to making sure that, when we do bring these proposals to this Chamber, they will be robust and watertight. It would be negligent of the Government to proceed at pace until we are satisfied that the proposals we are bringing forward—

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

The Minister knows the history very well. The Secretary of State promised the Bill by last July. He did not deliver it. Then he faithfully promised the House we would have it by the end of the autumn. He did not deliver it. Yesterday he allegedly briefed the press that it was now delayed until after the Assembly elections in May. He did not inform the House—there was no written statement, no oral statement. We have five minutes left, so, rather than the Minister’s reading out a lot of Northern Ireland Office boilerplate, will he please just answer one question? Is it true that the legacy Bill is now effectively delayed until after the Assembly elections—and if it is not true, when will the Bill be introduced to Parliament? That is an extremely straightforward question. What is the answer?

--- Later in debate ---

[Conor Burns]

No one is blocking the Bill. There is ongoing engagement across Government to ensure that the Bill, when it is brought forward—

[Mr Francois]

indicated dissent.

[Conor Burns]

My right hon. Friend is scoffing, and that is fine, but it is absolutely, unambiguously, unequivocally the Government’s commitment that the Bill will be brought forward and put before this House.

[Mr Francois]

You have already broken multiple deadlines —we don’t believe you!

[Madam Deputy Speaker (Dame Rosie Winterton)]

Order. That is unacceptable. Minister, there are five seconds left.

Oral Answers to Questions

Mark Francois Excerpts

Wednesday 27th October 2021 Commons Chamber

[Brandon Lewis]

I join the hon. Gentleman in offering my condolences and thoughts to those families. As in the rest of our engagement, we have heard a range of views from across the community, particularly on that side of the discussion from the veterans community. We are considering that carefully.

We have always been clear that dealing with the past in Northern Ireland must equally address the needs of victims and veterans. I am happy to restate the answer that I gave the hon. Gentleman previously and say that we will continue to engage closely with veterans groups across Great Britain and Northern Ireland as we seek to bring in legislation to address those important, complex and sensitive issues.

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

After more than four years, two general election manifestos and a hand-signed promise in The Sun newspaper from the Prime Minister, the Secretary of State has delivered nothing. My question is very straightforward: “Where is your Bill, Brandon?”

[Brandon Lewis]

I appreciate that my right hon. Friend has campaigned on the issue for a long time and he has been forthright in his determination to deliver for the veterans community. We set out our Command Paper in July just before the summer recess. As we said we would, we have been engaging with interested parties in the past couple of months, including not just the veterans community but victims, civic society and, more widely, the political parties in Northern Ireland. As we said in the Command Paper, we are still focused on delivering legislation to the House this autumn.

Northern Ireland Protocol

Mark Francois Excerpts

Wednesday 21st July 2021 Commons Chamber

[Brandon Lewis]

Again, perhaps the hon. Gentleman should have a look in detail at the statement I gave a short while ago and the Command Paper, because we are specifically setting out that we want to negotiate a solution with the European Union. I would just say to him that we are the party that has put forward a whole series of pages to the EU, which we are waiting for proper engagement on. We have not publicised them; we have not gone to the press about that. We have been doing that because we want to give space for a proper negotiation and the freedom to do that, to get a proper solution for the people of Northern Ireland. I ask the hon. Gentleman to consider getting behind the UK Government to get a positive solution for Northern Ireland.

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

I warmly welcome the statement for both its timeliness and its content. In the negotiations that the Secretary of State and Lord Frost are plainly keen to have with the European Union, will they look seriously at the option of mutual enforcement, as advocated by none other than the Nobel peace prize winner Lord Trimble, as a way through these challenges? As the Secretary of State reminded the House, the EU invoked article 16 back in January, not us. If the EU continues to be unreasonable despite every effort to persuade it, are we prepared, in extremis, to use article 16 and, if necessary, even to legislate domestically to maintain the integrity of the United Kingdom?

[Brandon Lewis]

On mutual enforcement, we have sought to draw from ideas such as the suggestion of penalties for moving non-compliant goods to Ireland from Northern Ireland. We think that there is a reasonable evolution from where we are now that is capable of respecting everybody’s objectives and delivering better results, exactly as my right hon. Friend outlined. He is also right that it is important to be clear that we take nothing off the table. We are determined to deliver for the people in Northern Ireland as part of the United Kingdom, and the protocol itself outlines that it will respect the sovereignty of the UK internal market.