Northern Ireland Budget (No. 2) Bill

Debate between Michael Fallon and Lady Hermon

Money resolution: House of Commons & 3rd reading: House of Commons & Report stage: House of Commons
Monday 9th July 2018 Commons Chamber

[Sir Michael Fallon]

Absolutely, and some cases have been reopened more than once.

Nobody in this House would suggest that our troops should be exempt from investigation or prosecution for any kind of wrongdoing—of course not. Parliament itself requires, through the armed forces Acts, that any such allegation should be properly investigated by the service police. If there is new evidence concerning recent allegations, then of course they should be looked at. Equally, however, we cannot accept a situation where the whole process begins to be abused by cases simply being reopened for the sake of it, where there is not substantive new evidence. That was the case as allegations accumulated under the Iraq historical allegation apparatus, which was one reason why I shut it down as Defence Secretary and why, on behalf of the Ministry of Defence, I laid evidence before the Solicitors Disciplinary Tribunal, which eventually resulted in the key solicitor involved being struck off.

In Northern Ireland, the opposite is happening. Allegations of misconduct are being reopened 30 or 40 years later, when memories cannot be trusted and evidence may be hard to come by. Can a court really be sure 45 years after the events exactly what warning was shouted at two in the morning in a street in west Belfast in the early 1970s? These are the kinds of cases that are now being reopened, and I submit to the Committee that Parliament now needs to draw a line. The purpose of amendments 1 and 2 is to introduce a statute of limitations for the first time to say that cases more than—there can be different views on this, but this is what I have said in the amendment—20 years old, so from the date of the Good Friday agreement, cannot now be reopened if they have already been investigated.

Of course, a statute of limitations in itself raises complexities. I understand that. Many issues around it would need to be looked at. For example, we heard much in the previous debate about the bravery of the Police Service of Northern Ireland, and the police are not included in this amendment. I understand that there are some reservations about including them. There are complexities, but there is nothing unusual about a statute of limitations. In a previous debate, my hon. Friend the Member for Witney (Robert Courts) reminded the House that there are statutes of limitation in commercial law: cases cannot be reopened when companies have dissolved and documents cannot be traced, and it is not possible to properly ascertain the change of responsibility, or rules and regulations from an earlier period no longer apply.

[Lady Hermon (North Down) (Ind)]

As the right hon. Gentleman explained, the amendments apply only to the armed forces. I put on record my enormous, deep gratitude for the tremendous courage and sacrifice of all members of the armed forces who served in Northern Ireland—but so too did the members of the Royal Ulster Constabulary, now the Police Service of Northern Ireland. I think the right hon. Gentleman has to explain to those many members of the Royal Ulster Constabulary —many more members, in fact—who are being investigated time and again in various forms in Northern Ireland why his amendments do not treat those in the police service with any equivalence this evening.

[Sir Michael Fallon]

I am very happy to accept that particular challenge. My amendment may well not be watertight. I understood that there were some reservations in the PSNI about a statute of limitations. That is one of the complexities.

There are other complexities: if we introduce a statute of limitations in Northern Ireland, why not introduce it elsewhere, where the British military is involved in other campaigns? I am sure that we will hear from the Secretary of State about other difficulties involving the European convention on human rights and so on, but the principle is that there should be some form of limitation. We cannot endlessly go back. Are we to reopen cases where it is alleged that Canadian or British troops shot prisoners out of hand in one of the more difficult days after the D-day landing? Should those cases be reopened? Nobody in this House would say yes. There must come a point when we have to draw a line.

National Shipbuilding Strategy

Debate between Michael Fallon and Lady Hermon

Wednesday 6th September 2017 Commons Chamber

[Sir Michael Fallon]

My hon. Friend puts his finger on it. This design has to be adaptable and flexible. As international supply chains are now lengthening, I hope that the yards that enter this competition will consult not only with other yards across Europe, but with other navies that are looking to procure this type of frigate, so that they ensure that they design a platform that is sufficiently adaptable and flexible for different navies’ respective requirements.

[Lady Hermon (North Down) (Ind)]

The Secretary of State will be well aware that this year is the centenary of the formation of the Women’s Royal Naval Service—the Wrens. At the start of his statement, he said that “this Government are committed to a strong Royal Navy”. What is he planning to do to mark the centenary of the vital service of the Wrens, many of whom joined the service in later years and are still alive today? Many of them are quite offended that there has not been a brooch, a certificate or anything else to mark their service. It would be fitting, in this centenary year, if the Secretary of State were able to correct that omission, which I am sure was accidental.

[Sir Michael Fallon]

I certainly hope that it was accidental. I, too, would like to put on record my tribute to the women who have served in that branch of the Royal Navy for more than 100 years. Now, of course, our women are able to enter more and more roles in the Royal Navy. I will certainly check whether that centenary is being appropriately marked, and if we can pick up on any of the hon. Lady’s specific suggestions.

Defence Estate

Debate between Michael Fallon and Lady Hermon

Monday 7th November 2016 Commons Chamber

[Sir Michael Fallon]

I announced at the Conservative party conference that we are extending the forces Help to Buy scheme for another year, from the beginning of April 2017, and I hope that is welcome. We will need to take another decision as we come up to each future year.

[Lady Hermon (North Down) (Ind)]

We all know that we are fast approaching another Remembrance Sunday, when we rightly, across this country, remember the great sacrifice of our Armed Forces in two world wars and, more recently, in Afghanistan. In Northern Ireland, of course, we will also be remembering those who served with the British Army and who gave their lives during the troubles.

The Secretary of State’s reference to the consolidation of our estate in Northern Ireland as “releasing three sites” is beautifully ambiguous, but I do not like ambiguity. Will he confirm whether Kinnegar in my constituency is included among those sites and, if so, what exactly he plans to do with the personnel? Can he guarantee that there will be no job losses and that there was consultation before this announcement?

[Sir Michael Fallon]

Yes, I can be very open in replying to the hon. Lady. The Kinnegar logistics site is going to be disposed of, and those who occupy it at the moment will be moving to the Palace barracks in Holywood.