Northern Ireland Troubles (Legacy and Reconciliation) Bill

Nigel Evans Excerpts

Committee stage
Wednesday 29th June 2022 Commons Chamber

[Several hon. Members rose—]

[The Second Deputy Chairman of Ways and Means (Mr Nigel Evans)]

Order. I will call the Minister no later than 10 minutes to 7. You can see how many people are standing, so if you want to get your colleagues in, please show some time discipline—we cannot have speeches of the length that we have had up to now.

[Claire Hanna]

I will try to be brief, because I appreciate that there are colleagues who have been working on these issues for years and decades, who understand them fully and who wish to advocate for their constituents. I shall build on the points that we made on Second Reading and speak to some of the amendments in my name and those of my hon. Friend the Member for Foyle (Colum Eastwood) and the hon. Member for North Down (Stephen Farry).

By way of context, we spent Monday discussing the departure from the rule of law and bilateralism that is the Northern Ireland Protocol Bill. This is another day and another treaty breach. People have to understand that many see this Bill in that context—that it is unravelling the culture of lawfulness that we have been working on for many decades. I say that completely without pleasure and I agree with the chief commissioner of the Northern Ireland Human Rights Commission, who believes that the Bill is unamendable.

I will focus on the setting up of the ICRIR. It relies on the fiction that is being presented, which is that we are doing the same things over and over again. We are here because things have not been done, because the architecture to enable truth and justice has been suppressed, because files have been locked up, because omertà has been practised by paramilitaries, and not because we have done all these things incorrectly. We are taking this action when there is a live and productive programme of investigations. Hon. Members have referred to Operation Kenova, which is an active programme of investigation and inquest.

The Bill exploits a population who are worn down by discussing legacy. They are tired of these issues, the politicking and the revisionism. Nobody is being false with victims. Everybody knows that the possibility of prosecutions is vanishingly rare, but information can come out of these inquests and investigations. That is what people want and it has absolutely not been demonstrated that that will come out of these bodies in any way. That is why victims oppose this. Nobody wants to move on more than victims, but we have a general amnesty masquerading as a conditional amnesty, with perpetrators walking free. As Members have indicated, they will have no licence, which they would have had under prisoner release. Perhaps the Minister will confirm whether the licences of prisoners who have already been released will go under the Bill as well.

We have examples on the books, such as the Independent Commission for the Location of Victims’ Remains, which existed for years. People could clear their conscience and give information to relieve families and give them the dignity of a burial without any threat of prosecution, but people did not do that. Nothing in the Bill or during these days of debates has indicated why we suddenly believe that people will come forward.

It is fair to say that the amnesty is a variation on a theme. We have been down this road before. My hon. Friend the Member for Foyle asked about files that have been sealed for decades and will be sealed for decades to come. How are people supposed to believe that the same Government who do that are suddenly interested in advancing information to them? As we all know, national security means whatever the security agents want it to mean. We know that they were intimately involved with both loyalist and republican paramilitaries—it is a fact. Although Members may wish to shut down the inquests, court cases and civil actions that establish that, it is a fact, as has been acknowledged by many people. How are people supposed to believe that the same Government who are suppressing that information suddenly want to advance it?

We know that the first motivation is the protection of security force elites, but we can call a spade a spade: this applies equally to paramilitaries. There is a joined-up quid pro quo between the sets of victim makers that keeps all this behind closed doors. Our amendments seek to address that.

The Bill outlines reviews that are not compliant with article 2 of the ECHR. They are a sham and are half-baked. The ruling on “flexibilities” because of reconciliation has been ruled out by a number of witnesses to the Northern Ireland Affairs Committee. It is also clear that the Secretary of State will be the person who can appoint all the commissioners who will be involved in the process of investigation. I refer to my earlier points about the fact that they have been actors. Essentially, victims are being told, “Move on because Brandon Lewis and Boris Johnson want you to move on, and they will create all the people who will help to facilitate it.”

I want to be very clear: the SDLP does not propose that we do nothing, and we are not letting the perfect be the enemy of the good. We have worked with integrity on the issues for many years. We supported Eames-Bradley, which was imperfect; we supported Stormont House, which was imperfect; and we supported Haass-O’Sullivan, which was imperfect. The Government committed to Stormont House in December 2014 and committed to it again two and a half years ago, under this Prime Minister, so they cannot say that it has been done on anybody else’s watch. We are asking for the principles of that agreement to be enacted, which would address the issues with the jurisdiction of the Republic of Ireland. It was a bilateral treaty that had obligations for the Irish Government as well.

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[The Second Deputy Chairman of Ways and Means (Mr Nigel Evans)]

I thank Claire Hanna for keeping her remarks short.

[Mr Baron]

Let us be clear. In this debate, which overall has been a very good one, there is great sincerity about the issue among all hon. Members. However, I respectfully point out to Opposition Members that I stand by what I said earlier: there have been relatively few successful criminal prosecutions since the troubles. That is a fact, no matter how one cuts and splices it.

I hear from Opposition Members about the quest for justice. We get that. Those of us who support the Bill genuinely get it. I know that time is short, but let me point out that I served in a variety of locations in the Province during the troubles. As a young platoon commander in Crossmaglen, I played billiards with a Royal Ulster Constabulary officer one evening. The following day, I had to put up a cordon because he was caught by an improvised explosive device and he was in pieces. That brought home the cost of the troubles not just to the individual but to the families concerned, and how bloody they were—for both sides, but I can speak only for the side that I was representing.

I say in the nicest possible way that I will not accept any suggestion that Conservative Members do not believe in justice. We firmly do, 100%. I am not suggesting that there is any division on that point, but from what we have heard, one could take away the view that we downgrade the need for justice. That is simply not true.

We must remember what the Bill is trying to do. I have not heard too much in this debate about the fact that the Bill is trying to provide answers to many, many families of victims. Answers help people to move on, but there are too few answers, given the scale of the troubles, the number of lives lost and the number of people injured. I think we need to focus on that, because it is a large part of the purpose of the Bill: to try to move things on in the hope that we can bring about greater reconciliation and provide answers for families, while leaving the door open to prosecutions for those who are not co-operating.

The hon. Member for Belfast East (Gavin Robinson) is not in the Chamber now, but I have certainly been pressing Ministers on a number of the amendments he mentioned. What we must try to understand about the Bill is that this is not the end of it; there are other stages to come, and some of us, while we support the Bill, will be seeking to firm it up and give it some teeth. I ask Opposition Members to bear that in mind when we vote tonight.

I do not want to speak for much longer, because I know that others want to contribute, but I will say this. Some say that the legal system was not suspended during the Good Friday agreement, but in many ways it was. People who had committed heinous crimes were let out of prison. The Democratic Unionist party may not have agreed with that, and at the time I had trouble swallowing it, but it was put to a referendum in the Province, and 71.1% of the people of Northern Ireland backed the Good Friday agreement. In many respects, the legal process was suspended then. No one could pretend that the rule of law was being enforced, whether I agreed or not. The bottom line is, however, that we have to deal with the art of the possible in trying to help many, many families in Northern Ireland to move on.

The Bill is not perfect, although I hope it will get better as it proceeds through its various stages, but as I said earlier, perfection should not be allowed to be the enemy of the good, especially when we are dealing with such a momentous period in our history as the troubles were. The Bill encourages co-operation, as I have also said, in trying to provide answers for families while also trying to ensure that we do not completely lose sight of the need for justice. I will look very sympathetically at amendments 97, 98 and 115, for example. I have had a chat with the Minister, and I know that the Government are actively engaged in looking at those amendments.

Let me end on this note: we have to see things in the round. Twenty-four years after the Good Friday agreement, there have been relatively few successful criminal prosecutions, but a great many answers are still needed for a great many families. If the Bill helps us to move closer to providing those answers without ruling out the use of the criminal justice system for those who do not co-operate, it still may not be perfect, but it will be better than what we have seen in recent decades, and we will have a chance to improve it beyond the votes tonight.

[Several hon. Members rose—]

[The Second Deputy Chairman]

Order. As I said earlier, I will be calling the Members who will wind up the debate no later than 6.50 pm. In order to accommodate as many Back Benchers as possible, I am now introducing a time limit of seven minutes.

[Dan Jarvis (Barnsley Central) (Lab)]

It is a pleasure to follow the hon. Member for Basildon and Billericay (Mr Baron). I should declare an interest, as a veteran of Operation Banner.

I will speak as briefly as I can, because I want to give as many other Members as possible an opportunity to speak. Let me begin by saying that the Bill is one of the most controversial pieces of legislation that I have been asked to consider during my time in the House. I do not doubt the sincerity of the Government’s intentions, and I completely understand how complex and difficult this issue is, but if passed in its current form the Bill will mean that those who are guilty of kidnap, torture and murder will never see the inside of a courtroom or a prison, or even, for that matter, be subject to a proper investigation. Indeed, they will not even need to say sorry to be granted immunity for their crimes.

Members have rightly focused today on the impact that the Bill will have on victims. As has already been observed, many of the victims were members of our armed forces, and it is this cohort on whose behalf I want to speak, very briefly, this evening. I know that many of their loved ones and comrades will be watching this with great interest. They will know that 722 UK service personnel were killed in paramilitary attacks while serving on Operation Banner. A freedom of information request to the PSNI from the Centre for Military Justice just this month revealed that it still had 202 unsolved cases of victims who were members of the armed forces and a further 23 cases where the victim was a veteran. That is 225 unsolved alleged murders where the victim was someone who had stepped forward and put themselves in harm’s way to serve our country. Behind every one of those 225 cases is a story of enduring pain caused by the absence of truth and justice.

One of those stories began on 11 August 1971 outside the Corpus Christi church in west Belfast, when a joiner by the name of John McKerr fell to the ground after being shot by a single bullet to the head. John’s family only found out he had been hurt from a newspaper report the following day after he failed to return home from work. He was labelled a member of the IRA. A little over a week later he died of his injuries in hospital, becoming one of the 10 victims of the Ballymurphy massacre. For half a century, John’s family were forced to live under a cloud not just of distress but of deception.

On 11 May last year, Mrs Justice Keegan published the findings of her inquest into the Ballymurphy killings, confirming what John’s loved ones had always known to be true: John was unarmed and not doing anything that could have caused a threat. He had no associations with the IRA. In fact, John had lost his right hand while serving in the British Army in the second world war. His daughter said:

“The only thing he belonged to was the British Legion.”

In the words of the coroner:

“He was an entirely innocent man who was indiscriminately shot on the street.”

The inquest at least removed the stain on John’s character, but it is worth noting that under the Government’s proposals, inquests will be brought to an end, meaning that others will not have the same access to the truth as John’s loved ones. After more than 50 years, the McKerr family still do not know who was responsible for his murder. John sacrificed so that we could be free, but he was shot in the head and left in the street to die. The response of the institution he once proudly served was to tarnish him as a terrorist. John McKerr’s family told the inquest that their objective was not punishment but truth. It is in that spirit that I urge the Minister to consider the merits of amendment 115, about which there has been much debate, and also amendment 111. Strengthening reviews in line with the standards set by Operation Kenova will at least provide the families of members of the armed forces killed during the troubles with a degree of truth and justice.

There is deep unease in the service community about the Government’s proposals, not least from the family of Private Tony Harrison, a soldier from 3 Para who was brutally murdered by the IRA in front of his fiancée and his fiancée’s family. One of those involved has admitted his involvement, but no one directly responsible for his killing has been investigated. We owe John McKerr, Tony Harrison and all those who perished a debt. We can start to repay that debt by giving their families the dignity of knowing what happened to their loved ones. As it stands, the Bill will not afford them any comfort. It will only compound their misery, and for that reason I cannot support it.

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[Several hon. Members rose—]

[The Second Deputy Chairman of Ways and Means (Mr Nigel Evans)]

Order. I am going to reduce the time limit, because there are four Members left to speak. If I reduce it to six minutes, by the looks of it, we will hopefully get everybody in. I call Ian Paisley.

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[Carla Lockhart (Upper Bann) (DUP)]

Like other Northern Irish Members, I live among so many people who, through no fault of their own, are victims of terrorism. Those victims have approached me, while going about their daily business, to express how hurt they are by the Bill and how it extinguishes that glimmer of hope of any form of justice—although they know all too well that justice has already been grossly perverted in Northern Ireland.

We table our amendments in recognition that the Bill is likely to be made law. It will never be good law; it will always be fundamentally flawed and will always represent injustice and pain. However, it can be made to be better law, and we urge hon. Members to give serious consideration to what we believe are measured, constructive and victim-focused amendments. My hon. Friend the Member for Belfast East (Gavin Robinson) has eloquently outlined the rationale for the amendments in our names and the names of our colleagues, and I wish to reiterate some of the thinking behind some of the amendments.

Much of the public cynicism, certainly within the victim’s community, is based on the belief that if someone is willing to put a gun to a person’s head and take their life, lying about their actions will not disturb their moral compass. Amendment 97 would offer some form of recourse for lying to the panel. It is also, we believe, appropriate that such cases at the very least be directed to the Public Prosecution Service. If this process is to have any semblance of credibility, surely the Committee will agree that making a mockery of the process should come with an appropriate penalty.

We must also consider the situation of those who have deliberately evaded justice. That is our rationale for amendments 96, 98 and 99. The DUP utterly rejects the idea of immunity for any terrorist, but the Bill needs to offer specific provision for cases where those terrorists fled from justice. Whether they have scuttled off to the safe haven of the Irish Republic, the United States or elsewhere, those subject to active proceedings should not be afforded immunity. The thought of such individuals being welcomed through airport terminals by cheering crowds, to be embraced as heroes by leading figures of Sinn Féin, makes me sick to the pit of my stomach, as did similar images at the release of terrorists following the Belfast agreement. To permit such circumstances through this Bill would be wholly wrong. We therefore ask the Committee to support our amendment that addresses that salient point.

Amendments 100, 101, 102 and 199 relate to the whole issue of immunity. My party has always opposed immunity, for one reason—it is wrong. On Second Reading, my hon. Friend the Member for Strangford (Jim Shannon) gave numerous examples of terrorist atrocities in a very personal and moving contribution. His story is the story of so many people in Northern Ireland, and indeed here in Great Britain. How anyone could listen to that account of loss, pain and suffering and believe that immunity for the perpetrator is acceptable is beyond comprehension. Members across the Committee seem to think the situation is justified by saying, “It is not perfect and we don’t like it, but we have no other option.” Yet there is always one option, and that is to do what is right. Victims want this Committee to do what is right.

I cannot close my contribution any more powerfully than by using the words of two victims of IRA terror. I urge Members to give their ear to these voices—to listen to these broken hearts speak. Abbie Graham lost her father, Constable John Graham, and Louie Johnston lost his father, Reserve Constable David Johnston, when they were shot dead while on foot patrol in Lurgan in my constituency of Upper Bann on 16 June 1997. Abbie and Louie were aged seven and in primary school when their much-loved fathers were murdered. I urge Members to listen to these words. Abbie says:

“The way the law works is that if the killers were caught and jailed they could only do two years. That would be a formal recognition of the wrong that was done. But if this law was to come in and then someone came forward with the information, it’s too late.”

Louie Johnston states:

“We’re 25 years on from and there are always new forensic opportunities becoming available and always the chance someone will come forward. But if the government is going to remove that opportunity it leaves us without any hope. This was the murder of two fathers who said goodbye to their children on a normal school day, the same thing that was happening in every decent human being’s house.”

He says:

“We need to look at what is right and wrong and take the politics out of all of this. What is happening now is that we are creating a justice system based on a postcode lottery. You can get justice as long as you don’t live in Northern Ireland. This government is burying justice and Boris Johnson and Secretary of State Brandon Lewis are playing the role of undertaker.”

[The Second Deputy Chairman of Ways and Means (Mr Nigel Evans)]

Order. Please do not refer to the Prime Minister by name.

[Carla Lockhart]

My apologies, Mr Evans. The Prime Minister and the Secretary of State are playing the role of undertaker. Louie went on:

“How can you say to someone that if their loved one was killed before April 1998 it doesn’t count? How can people be willing to stand for that?”

That is the question for this Committee: how can anyone be willing to stand for that?

[The Second Deputy Chairman]

I call Jim Shannon, but please resume your seat at either 10 to 7 or before.

[Jim Shannon]

Thank you, Mr Evans.

I am not unaware of the Government’s aim. We absolutely need to move forward. We need to investigate processes to be used in proper form instead of the rewriting of history that currently sees us so badly abused, with Sinn Féin being the guilty party. We need our ex-service personnel to be allowed to retire without, at 75 years of age, being questioned about a case that they handled 45 years ago and asked to validate statements or investigations they carried out, and the pressure of that leading to illness. We need soldiers to be allowed to retire and not to be asked the exact wording of an order given to them 40 years previously when under fire and attempting to save their colleagues.

I understand the Government’s objective, but in the time that you have allocated to me, Mr Evans, I want to be very conscious of the victims. I did that at some length in the previous debate, as my hon. Friend the Member for Upper Bann (Carla Lockhart) said. For me, it is all about the victims and all about justice. My hon. Friend the Member for East Londonderry (Mr Campbell) referred to the flicker of light.

I hold on to that flicker of light that someday justice will come for the murderer of Lexie Cummings—he fled across the border. He has an on-the-run letter. He is a prominent Sinn Fein member, and he has not been held accountable for his misdoings or for the murder. Kenneth Smyth and Daniel McCormick were murdered on 10 December 1971, some 50 and a half years ago. Where is the justice for them when it comes to this Bill? I do not see that tonight either. I do not see justice for the four UDR men murdered in Ballydugan. Nine people were arrested, and only one person has ever been held accountable. I cannot see that justice.

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Clause 1 accordingly ordered to stand part of the Bill.

[The Second Deputy Chairman of Ways and Means (Mr Nigel Evans)]

I remind the Committee that 10 minutes are allocated for the first Division, with eight minutes for each subsequent Division. I am anticipating at least three Divisions, but—who knows?—there may be more.

The Chair then put forthwith the Questions necessary for the disposal of the business to be concluded at that time (Standing Order No. 83D).

Clause 2 ordered to stand part of the Bill.

Schedule 1 agreed to.

Clauses 3 to 6 ordered to stand part of the Bill.

Schedule 2 agreed to.

Clauses 7 to 9 ordered to stand part of the Bill.

Schedule 3 agreed to.

Clauses 10 to 14 ordered to stand part of the Bill.

Schedule 4 agreed to.

Clauses 15 to 17 ordered to stand part of the Bill.

Clause 18

Immunity from Prosecution

Amendment proposed: 97, page 16, line 30, at end insert—

“(6) If Condition C is not met because P’s account is found by the panel to be not true to the best of P’s knowledge and belief, the Chief Commissioner must direct the Commissioner for Investigations to submit a prosecution file to the Public Prosecution Service for consideration and direction.”—(Gavin Robinson.)

This amendment is intended to reduce the risk of claimants deliberately misleading the panel.

Question put, That the amendment be made.