Northern Ireland (Executive Formation etc) Act 2019 Section 6

Nick Hurd Excerpts

Monday 30th September 2019 Commons Chamber

[The Minister of State, Northern Ireland Office (Mr Nick Hurd)]

I beg to move,

That this House takes note of and approves the Report pursuant to Section 3(13) of the Northern Ireland (Executive Formation etc) Act 2019—Victims’ Payments, which was laid before this House on Wednesday 4 September.

We do not seem to agree on much in Parliament these days but, on the subject of this specific debate, I hope and believe that there is enough common ground to move forward on what we should see as a moral imperative to turn words into action, and to turn the idea of a victims payment or pension into a reality that does something powerful in acknowledging the unacceptable harm done to those seriously injured in the troubles and the deep trauma that many still live with, and makes a meaningful difference to the dignity and quality of life of those severely injured through no fault of their own.

Those last six words are important, because it is clear to me from the debate in both Houses of Parliament that consensus in this Parliament exists only if the guiding principle of our work is that this payment is not designed as a pension for terrorists and those injured by their own actions.

[Sammy Wilson (East Antrim) (DUP)]

The important words, as the Minister says, are, “Those who have been injured through no fault of their own.” I have noticed a discrepancy between the explanatory notes to the Bill and the report that has been presented. The explanatory notes state that that compensation will be paid where injury sustained is through no fault of the individual and whether or not the individual has been convicted of an offence. When it comes to the report, the only exclusion is where the individual has not been convicted of an offence. That is important because with some it is their own fault but they have never been convicted. Can he give us an assurance that anyone who has been engaged in terrorist activity, whether they have been convicted or not, will still be regarded, in any injury, whether mental or physical, as being at fault?

[Mr Hurd]

I understand the point that the right hon. Gentleman is making. I can assure him that, as we work towards the regulations and consult on their detail, the guiding principle—fundamental to the Government, and which we believe is the basis of consensus on which to proceed—is that we see this as a pension that is not designed for terrorists or those injured at their own hand. We will have to work through the detail of how it works and the burden of proof in those situations, but I am clear—as I am sure he is, because I have heard him speak passionately on this subject before—that I do not believe there is consensus in this place to move forward without that guiding principle. I do not think that this Parliament, under any Government, would seriously propose making payments to terrorists or those injured by their own actions. That principle needs to guide us as we get into the detail.

We are clear that what we are considering is a payment in recognition of the suffering of those severely injured through no fault of their own. The victims’ pension is the right thing to do, and I genuinely congratulate those, such as the WAVE Trauma Centre, who have made the case with such tenacity and resilience over the years. Like many Ministers and shadow Ministers before me—Conservative and Labour—I have listened to and been deeply moved by the stories of those whose lives have been profoundly affected by the terrorist atrocities of the troubles. When we read the stories of people such as Paul Gallagher, Jennifer McNern or Peter Heathwood, it is frankly impossible not to be moved by their courage and resilience. The reality is that there has been widespread criticism of compensation schemes in the past. Many of those who would benefit from the payments feel that they were not treated well or supported in the right way, and it is surely time that we do more to support those individuals.

[Jim Shannon (Strangford) (DUP)]

On 10 December 1971, Daniel McCormick, a part-time soldier in the Ulster Defence Regiment, was murdered. His wife and three children got compensation of £3,500. Will the Minister give a commitment that that matter will be sorted for that family?

[Mr Hurd]

I can give the hon. Gentleman a commitment that the Government absolutely accept the case for victims’ pensions and payments and recognise, as I just said, that we need to do more to support individuals and families affected in that way. We are determined, as I hope I will persuade him, to move forward, not just through the sense of moral obligation that we feel, but because this Parliament now obliges us to, as a result of legislation passed in the summer.

[Jim Shannon]

I thank the Minister for what he said, but what I am trying to get to is that £3,500 was paltry compensation for a wife and three children. What we need for that family, going back as far as December ’71, is compensation that equates to what would be given today to people who are innocent victims. This was a Roman Catholic part-time soldier who had resigned from the UDR and was murdered because he served his country.

[Mr Hurd]

We are talking about innocent victims and a victims’ payment scheme which is not about restitution or compensation; it is about recognition and acknowledgment and doing more to improve the dignity and quality of life of those who are eligible. As I have acknowledged, there have been criticisms in the past about the effectiveness, fairness and efficiency of compensation processes, and it is, in part, in acceptance of that that the Government, with cross-party support, are extremely committed to moving forward on this matter.

As the House would expect me to point out, this is a devolved matter. It will, of course, always be our strong preference that the establishment of a payment scheme to acknowledge the harm done to victims of the troubles in Northern Ireland be led by Northern Ireland political parties within an established Executive. That is the first priority for us. The Secretary of State has left the Chamber, but I commend him for his active support of that process and hear the observations of the elected representatives of the DUP on that point. One thousand days on, we recognise that, not least due to the advancing years of many of those who could benefit from a victims’ pensions scheme, we must draw this matter to an acceptable resolution without delay.

The previous Secretary of State, my right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), who was in her place but has left, asked the Northern Ireland Commissioner for Victims and Survivors to provide comprehensive advice on how a scheme of payments to those seriously injured in the troubles could be progressed, so that the issue was not indefinitely stalled in the absence of an Executive. That advice has been received. The UK Government are now committed, under the Northern Ireland (Executive Formation etc) Act 2019, if there is no Executive in place by 21 October—I have heard some pessimism on that front—to bringing forward regulations before the end of January, to ensure that a victims’ payment scheme can come into force in Northern Ireland by the end of May next year.

[Emma Little Pengelly (Belfast South) (DUP)]

I thank the Minister for giving way on that point. Although the amendment puts an obligation on the Government to bring forward regulations, I suspect that such a change in the law and such a scheme would benefit hugely from being based in primary legislation, as opposed to regulation. What consideration have the Government given to discharging the duty to make payments to victims by bringing forward primary legislation, rather than regulation?

[Mr Hurd]

We are 100% genuine in our commitment to deliver on the moral and legal obligation to come forward with those regulations. Our intention at the moment is to come forward with regulations but to do so through a process that genuinely engages stakeholders and gives people the opportunity to express their view on the fairness and practicality of what is being proposed. But I hear what the hon. Lady says, and I am more than happy to follow up with her personally if she is interested.

[Maria Caulfield (Lewes) (Con)]

I echo the call for this to be done through primary legislation. I think the nervousness on both sides of the House is about the definition of a victim, because there are victims out there who will refuse to take any compensation if they feel that terrorists will benefit from this. Given the lack of clarity from the Victims’ Commissioner, it is incumbent on us to ensure that the definition is watertight in legislation.

[Mr Hurd]

I understand the point made by both the hon. Member for Belfast South (Emma Little Pengelly) and my hon. Friend, and I have a feeling—new as I am to this post—about the underlying sensitivity of this issue. I will come on to the definition of victims, which I know is an extremely controversial issue but one which we see as being distinct from eligibility for payments under the scheme that we are working through.

As set out in the update report, to meet this commitment we have been undertaking work to develop the detailed arrangements for the scheme, with factual input from the Northern Ireland civil service. As the House would expect, that has included consideration of other relevant schemes, detailed design work, discussion with certain key stakeholders and making plans for future engagement, and preparing detailed advice on the proposed architecture of the scheme: its purpose and principles, levels and methods of payments, eligibility—critically—and other technical considerations, the assessment process and wider support arrangements for scheme applicants.

During the passage of the 2019 Act through Parliament, Ministers were clear that “through no fault of their own” would be the guiding principle as we develop the regulations required by the Act. The current Administration and I share that conviction, and I have heard the Prime Minister express it from the Dispatch Box. We must ensure that the scheme gets to those who need it most, but not at the expense of paying a pension to terrorists injured by their own hand. We are clear that any legal duty imposed by the Victims and Survivors (Northern Ireland) Order 2006 relates to the appointment and functions of the Commissioner for Victims and Survivors for Northern Ireland, and not to wider issues such as the provision of a victims’ payment scheme. It is our view that any change to that definition—a hotly contested matter—is a matter for the Northern Ireland parties, and we believe that it is a separate discussion from those about regular payments to victims. We do intend to deliver on our obligations within the Northern Ireland (Executive Formation etc) Act 2019, and we do propose to engage widely on the details of this scheme ahead of the date by which the regulations must be made. The views received on our proposed approach will help to inform final decisions on how that scheme will be implemented.

In conclusion, more than 20 years on from the Belfast/Good Friday agreement, while Northern Ireland is clearly a different place in many positive ways, the legacy of the troubles—as many in this House know much better than I ever will—casts a long shadow over many aspects of life in the here and now. We must never forget that over 40,000 people were injured during a 30-year period, and those still living carry a significant burden. We know in this House that it is difficult to move on and secure a better future for Northern Ireland without dealing with the past. The Stormont House agreement provides a framework for doing so, with much detail that needs to be worked through and discussed further, but surely we should not let those discussions hold up or divert a pragmatic determination across all parties to deliver, at pace, a fair victims’ payments scheme that those most seriously affected by the troubles need and deserve, and this Government are committed to work with all parties and stakeholders to deliver just that.

--- Later in debate ---

[Mr Hurd]

I am grateful for the opportunity to respond to this very interesting debate, and I thank my friend and parliamentary neighbour, the hon. Member for Ealing North (Stephen Pound), for a typically generous welcome and a generous tribute to my predecessor, my hon. Friend the Member for Weston-super-Mare (John Penrose). I know my hon. Friend will appreciate that, and it is typical of the hon. Gentleman to take the time to express his appreciation of my hon. Friend’s work.

The hon. Member for Ealing North pressed me on the scope and timing of this, and what I will say is that the work on the architecture is relatively advanced. The debate has also thrown up some extremely complex issues that need to be worked through, not least in an environment where almost anything we do will be subject to quite robust challenge. He will appreciate the need to sweat things through.

The hon. Member for South Antrim (Paul Girvan) pressed me about the scope—physical, psychological and geographical. That work is relatively well advanced, and he will be aware that we have a backstop—if I am allowed to use that word—in the end of January deadline for producing regulation. That focuses minds in the system, as he will appreciate.

One of the most important questions to arise from the debate is that of legislation versus regulation. A powerful coalition has formed, comprising the Chair of the Northern Ireland Affairs Committee, the hon. Member for Belfast South (Emma Little Pengelly) and my hon. Friend the Member for Lewes (Maria Caulfield). I respect their view. A balance needs to be struck between recognising the need to engage, discuss, debate and build trust in whatever is proposed and the need to get on with things, but given the messages registered in the debate, I undertake to discuss that properly with the Secretary of State.

I congratulate the hon. Member for Belfast South on her truly interesting speech. I thank her for reminding us of the murder of Reverend Robert Bradford and all it represented in terms of affront to our democracy. I thank her also for reminding the House of the genesis of this long-standing campaign and the reality—the uncomfortable truth, as she described it—that we are talking about a period in which attitudes to disability were completely different from attitudes now. Attitudes to disability in the world of work and access to pensions were completely different then, and it is absolutely right that we respond to that change.

I wholly appreciate the hon. Lady’s point about the need for a victim-centred approach. One of the things that has struck me most during my engagement with victims —something I find unacceptable and uncomfortable—is how forgotten they feel and how disrespected for all this time. It is incumbent on us to do something about that.

[Lady Hermon (North Down) (Ind)]

I have listened carefully to the debate. There is one issue that the Minister has not touched on. The shadow Minister, the hon. Member for Ealing North (Stephen Pound), referred in fulsome terms to the Northern Ireland Victims Commissioner and paid her a very warm tribute. The hon. Member for Belfast South (Emma Little Pengelly) was quite different; she was highly critical of the commissioner. I think that the Northern Ireland Office cannot remain silent on this issue. The Minister has the opportunity to state on the record that he and his colleagues in the Northern Ireland Office have full confidence in the Victims Commissioner. They have renewed her appointment for a year, so will the Minister do that?

[Mr Hurd]

I did not feel it needed to be said, because actions speak louder than words. The commissioner has been confirmed for another period of 12 months. I think the Secretary of State’s instinct is to ensure some continuity while making it clear that future decisions must be for the devolved institutions.

[Emma Little Pengelly]

Will the Minister give way?

[Sammy Wilson]

Will the Minister give way?

[Mr Hurd]

I give way to the right hon. Gentleman.

[Sammy Wilson]

Does the Minister accept that this is not a question of whether he, the Secretary of State or indeed Members of this House have confidence in the Victims Commissioner? The commissioner, as my hon. Friend the Member for Belfast South (Emma Little Pengelly) pointed out, is there to represent victims. If she does not have the confidence of victims, how can she possibly fulfil her role?

[Mr Hurd]

I understand the right hon. Gentleman’s point, and it is possible that the hon. Member for Belfast South intended to make a similar one, but I was pressed to clarify the Department’s position, which I have done. Let me be candid: in my meetings with victims groups, I have been struck by the strength of the expressions of precisely that lack of trust and confidence. When I meet the commissioner, I will press her to respond to those concerns, because if I were in that position and people were expressing those views, I would be worried. It is incumbent on her to respond appropriately.

[Stephen Pound]

I sense that the Minister is approaching his coda. May I ask him to say whether overseas nationals will be included in the scope of pensions and payments?

[Mr Hurd]

To reach the coda will be welcome. I thought I addressed that point when I said that, as we finalise the architecture, a number of big issues—the biggest being eligibility, of course—need to be resolved. No decision on that has been taken and finalised, but as we finalise our proposals, we will go through proper processes of engagement, not least with the Labour party.

[Emma Little Pengelly]

Regarding the earlier point, I emphasise again that my personal opinion does not matter; I was articulating the opinion of victims and survivors and that is why I said the commissioner’s position is unsustainable.

We are talking about overseas nationals, but there is another point on which I have yet to get clarity. It concerns the many soldiers in particular—there are others—from Scotland, Wales and England who served in Northern Ireland and who sustained injuries but are now living in mainland UK who may want to access the pension. Previously, it was thought that this would be funded through the Northern Ireland block grant, but of course there are citizens from outside Northern Ireland and who are currently living outside Northern Ireland who may need to benefit. Has the Minister considered that technical point and how to resolve it?

[Mr Hurd]

It is more than a technical point; it is a point of fairness. Both of those lines of inquiry reflect the fact that what was discussed through the Stormont House agreement, as I understand it, was relatively narrow in scope. We are discussing widening the scope and thinking through the consequences of doing so. I would not even be entertaining this conversation if our minds were not open to doing that, but it reinforces the need to think through the consequences, including the financial consequences, and the ability to defend any proposals.

[Jim Shannon]

My hon. Friend the Member for Belfast South (Emma Little Pengelly) referred to people from Scotland, Wales and England who served in the Army. The same question applies to those from the Republic of Ireland who served in the British Army, of whom there is quite a number—sometimes, how many is underestimated. Will the same levels of compensation and pension apply to them, too?

[Mr Hurd]

The word “compensation” has come up several times. I think I should clarify that we are not talking about a compensation scheme. The victims payment scheme was originally crafted and designed to acknowledge the damage, harm and suffering that have occurred, and hopefully through those payments to make a difference to the dignity and quality of people’s lives. The hon. Gentleman presses me on the scope of a proposal that is wider than the one considered as part of the Stormont House agreement. We have to think it through and determine the degree to which we can hold a consensus.

To bring this to a close—I sense your approval, Madam Deputy Speaker—I wholly concur with the hon. Member for Belfast South on taking a victim-centred approach. I have been shocked by the way in which victims of the troubles have been left to feel neglected and disrespected. I feel strongly that we need to move forward on this agenda. One of the clear messages from the debate was the support for the guiding principle that we should constitute this scheme only as payments for those injured through no fault of her own. The hon. Lady pressed me for a commitment, and she is right: we can act, because this Parliament has rightly obliged us to so, and we will act, not just because the law requires us to do so if the Assembly is not up and running by 21 October, but because it is so clearly the right thing to do.

Question put and agreed to.

Resolved,

That this House takes note of and approves the Report pursuant to Section 3(13) of the Northern Ireland (Executive Formation etc) Act 2019—Victims’ Payments, which was laid before this House on Wednesday 4 September.