Northern Ireland Troubles Bill

Nusrat Ghani Excerpts

2nd reading
Tuesday 18th November 2025 Commons Chamber

[Hilary Benn]

No; I am going to have to finish, because many people want to speak.

Part 5 makes provision for the inclusion of personal statements, allowing families to describe what the death meant to them. The commission will have the power to refer troubles-related criminality by police officers to the ombudsman for Northern Ireland. Part 6 puts in place the necessary provisions to set up, on a pilot basis, the Independent Commission on Information Retrieval, as originally proposed in the Stormont House agreement. This will be an international body established jointly with the Irish Government to give families an additional means of retrieving information. Any information disclosed by individuals to the ICIR will be inadmissible in criminal and civil proceedings. Part 6 also includes provisions to ensure that the work of the ICIR does not impede on criminal investigations.

The Government have long been committed to restoring the troubles-related inquests that were halted by the legacy Act, which is why, under part 7 of the Bill, the inquests that were in progress prior to 1 May 2024 but subsequently halted will resume. Inquests that had been directed by the Attorney General but were not in progress will be subject to an independent assessment by the Solicitor General as to whether they are most effectively progressed in the Legacy Commission or the coronial system, and the Solicitor General will have regard to three statutory criteria.

I turn to part 8 and to the point raised earlier about interim custody orders. In short, these provisions seek to address the interpretation made by the UK Supreme Court in R v. Adams, regarding the application of the Carltona principle, with which this Government—and indeed the previous Government—disagreed. That principle is vital for Government, and it is right that it should be protected, including by dealing with what are considered incorrect inroads into it. Clauses 89 and 90 put it beyond doubt that the Carltona principle applied in the context of interim custody orders, by stating that any order made by a Minister of State or Under-Secretary of State is to be treated as an order of the Secretary of State. I refer the House to a written ministerial statement that I have today laid in Parliament setting out in greater detail the Government’s position on that matter.

The Bill will leave in place part 4 of the 2023 Legacy Act, meaning that the important provisions relating to oral history, academic research and the memorialisation of the troubles remain intact. Those measures stem from the Stormont House agreement and have been widely supported in principle. Part 8 of the Bill will also require the commission to produce and publish a historical record.

Separately, part 8 also allows any conduct that does not meet the definition of serious or connected troubles-related offences in the Bill to be investigated by the relevant police force. As a result, potentially serious offences, including sexual offences, will always have a route to investigation should evidence come to light.

Part 9 deals with general matters in relation to the Bill such as various definitions and its commencement.

I will bring my remarks to a close. I am acutely conscious that, for many families in Northern Ireland, time is running out. With every year that passes, memories fade, witnesses are lost and crucial evidence grows weaker. That is why the Government have to fix the mess that we inherited. But what is this really about? It is about those who continue to live with the pain of what happened to them or to someone they loved. We know that the overwhelming majority of those who were killed died at the hands of paramilitaries, and, as the hon. Member for Lagan Valley (Sorcha Eastwood) so powerfully reminded us just over a month ago, the people who died were not in the wrong place at the wrong time; it was the terrorists who were in the wrong place doing the wrong thing.

We must be clear that terrorism is always wrong. Although we must recognise that the vast majority of those who served in Northern Ireland did so with distinction and bravery, in the words of apology offered in this House by the former Northern Ireland Secretary Brandon Lewis following the Ballymurphy inquest,

“it is clear that in some cases the security forces and the army made terrible errors too.”—[Official Report, 13 May 2021; Vol. 695, c. 277.]

I believe that this legislation represents our best and possibly final chance to fulfil the unrealised ambition of the Good Friday agreement. I accept that nobody will like everything contained in the Bill, as is inevitable given the differing views held by many. If fixing legacy was easy, we would not be discussing it 27 years later.

Let me read from a letter that the Commissioner for Victims and Survivors for Northern Ireland has sent me about our approach, which he says has been received

“with cautious optimism by victims and survivors.”

He goes on to say that we—he is talking about all of us—should

“get a move on rather than waste more precious time”,

and encourages all of us as parliamentarians

“to continue to show courage and determination to deliver for victims and survivors.”

It is no wonder that he refers to caution, because victims and survivors have been let down so many times before. That is why it is now our responsibility to take this forward.

I will continue to talk to victims and survivors, veterans and others, and colleagues in all parts of the House, during the passage of the Bill to consider where amendments might further improve it. Equally, I hope that all who seek a fair and effective way forward will recognise that the Bill represents a fundamental reform of current arrangements, and that it should be given a chance to succeed. I commend the Bill to the House.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I ask those on the Front Benches to keep their opening statements short, because it eats into the time for contributions from Back-Bench Members.

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[Sir Iain Duncan Smith (Chingford and Woodford Green) (Con)]

The way in which the last intervention was made suggested that this is a numbers game based on the numbers who were out there in Northern Ireland. The fact is—[Interruption.] No, with respect, I actually served out there, and I can tell you something about this. The reality is that the British Army was sent to hold the peace against terrorists who set out to kill people deliberately for their own political ends. Is it not wrong to equate the two as though the numbers were ridiculous?

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Before Alex Burghart responds, let me say that it is important that we keep the debate well-tempered. The term “you” should not be used by a senior Back Bencher.

[Alex Burghart]

As ever, my right hon. Friend is a bastion of good sense. He reminds us that there is no moral equivalence between the people who were sent to try to keep the people and services of Northern Ireland safe, and the people who were terrorists.

Finally, we note that, under the terms of the agreement, the Republic of Ireland has committed to legislate to enable the fullest possible co-operation of the relevant Irish authorities with the Legacy Commission. We sincerely hope that this is true, as there are many secrets of the troubles that are yet to be disclosed from sources south of the border. From the huge number of extradition requests that Dublin refused between 1973 and 1999 to the long, long list of cases of collusion between the Garda and the Provisional IRA that have not been properly dealt with, it is clear that the south has never taken full responsibility for the blind eyes turned and the bad acts abetted. The test of this Government’s approach will be whether Dublin delivers, or whether this—as one representative of victims has said to me in the past few days—turns out to be another case of “tea and sympathy” with no action to follow. For the record, it is my party’s strong view that if this Bill receives Royal Assent, the Secretary of State should not commence the legislation until this House has at least seen the Irish legislation.

In conclusion, this Bill contains no meaningful protections, it has no cross-party support, and there are no legal barriers to continuing what the last Government began. We find ourselves in a situation where retired generals, SAS veterans and the like are all telling this House not to proceed. They are telling us that there will be consequences—for recruitment, for retention and for national security. This morning in a statement, Soldier Z said that

“the damage being done to the morale and fibre of UK special forces and armed forces…must be understood by the public, because it’s very well understood by the SAS.”

When such people speak, this House has an obligation to listen.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

All Back-Bench contributions will be limited to six minutes.

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[Mr Foster]

I am almost done.

Another important issue is that we must and will protect our veterans from vexatious and unwarranted investigations. The creation of a reformed Legacy Commission must not only provide for accountability, but provide the protection of the innocent. Legacy cases have dominated the inquest system in Northern Ireland, where coroner legislation dates back to 1959 and desperately requires modernisation. The 1959 legislation was never created to deal with the numerous and complex types of legal issues the system now faces. Coronial law in Northern Ireland is a devolved matter, but a modernised inquest system could dictate new rules of procedure, change evidential standards, affect disclosure processes and reshape how article 2 is applied, thus providing multiple additional layers—

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. I call the Liberal Democrat spokesperson.

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[Mr Angus MacDonald (Inverness, Skye and West Ross-shire) (LD)]

My family has served in the Army for many generations, including myself in the troubles in Northern Ireland, and indeed my son is serving now. We have seen and deeply admired the Army’s core values of courage, discipline, respect, integrity, loyalty and selfless commitment. Would my hon. Friend accept that the retired generals and the many serving friends of my son make an extremely pertinent point when they say that the Bill will negatively impact retention and recruitment in the British Army, and at a time when we are desperate to bolster our armed forces?

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Before Mr Kohler resumes his speech, let me say that we must keep interventions short. Many Members wish to contribute.

[Mr Kohler]

I absolutely agree. The Bill will have profound implications for both service morale and future recruitment, particularly with respect to our special forces. That is why it must go further.

With more than 10% of the Lib Dem Benches made up of former members of the armed services, my parliamentary party is acutely aware of the risks that veterans talk about and the sacrifices they and their fallen comrades made. Our concern is fairness, not shielding wrongdoing.

Under this Bill, many veterans will remain exposed to uncertainty, possible retrospective judgment and scrutiny of sensitive personal data and service records. That concern is heightened by the stark disparity in record keeping. The actions of veterans were documented in detail, whereas the activities of those engaged in terrorism were not. That results in an imbalance in documentary evidence that must be acknowledged and addressed. It is noteworthy that while the state has protected itself through the Secretary of State’s discretion over the handling of sensitive information, the Bill gives veterans no such safeguards.

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[Colum Eastwood]

There was one reason that I and the Bloody Sunday families accepted the verdict. It was because the point was made absolutely clear: between 1970 and 1974, the British Government, the British Army, the Royal Military Police and the RUC were engaged in a cover-up of mass proportions, when any single member of the British Army who was arrested was questioned without legal representation and not under caution. That meant that any of those cases were doomed before we even got started.

What I am laying out in this House today—and the hon. and learned Member might not like it—is not whether or not there was a conviction in the court; I am laying out the truth, not as I see it but as Soldier F admitted it, and as was found by an international inquiry of truth that was set up by the Labour Government and accepted by them as well. It was also accepted by Prime Minister Cameron, who said that what happened on that day was “unjustified and unjustifiable.” Then, we see the British Government and the MOD paying at least £4.3 million to defend somebody whose actions they knew were unjustified and unjustifiable. That is the truth. Those are the facts. He got far more legal representation than anybody would under legal aid, and if anybody wants to check those figures out, they are available for all to see.

What has happened in this debate is that people seem unable to come to the simple fact that every single murder was wrong, whether it was committed by the IRA or by the British Government, and that not one single person should be free from prosecution. They should not be allowed impunity. As for those people who stand in this House and talk about how great the British Army was and how much they care about the British Army, if that is your position, why then are you accepting and supporting people who committed mass murder?

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. How many times do I have to remind colleagues about the use of “you” and “your”? There is not much time left.

[Colum Eastwood]

Why are those Members supporting people who, by their own admission, murdered innocent civilians—civilians who should be seen by anybody in this House as citizens of the United Kingdom? Everybody can see the hypocrisy that has been on display in this place many times. I know that many people in this House served in Northern Ireland. Well, there are lots of people at home watching this who live in Northern Ireland and they are sick, sore and tired of this. If this legislation has any chance of giving people some truth and justice, it should be allowed to proceed. We of course have issues with the Bill. We have issues around the national security parts of it and around sensitive information, and we will table amendments in that regard in the process, but we have to give this a chance. We have to give our victims a chance, and all this—

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. I call Tom Tugendhat.

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[Sir Julian Smith (Skipton and Ripon) (Con)]

I want to thank all the military servicemen and women who served on Operation Banner. It was not just the military. On every visit to a police station in Northern Ireland, I saw the long lists of officers who were lost. I pay tribute to members and family members of the RUC and to our security services, agents and staff. I also pay tribute to parliamentary colleagues past and present who served in Operation Banner.

I condemn utterly the mindless and needless violence of the IRA, who were, in the words of my right hon. Friend the Member for Rayleigh and Wickford (Mr Francois),

“one of the most ruthless and vicious terrorist organisations the world has ever seen.”—[Official Report, 14 July 2025; Vol. 771, c. 46WH.]

I also pay tribute to innocent victims of the troubles. The list of atrocities is long, and the IRA principally is responsible for the vast majority of them, along with loyalist paramilitary groups. Neighbours, sons, daughters, husbands—thousands of families were impacted in this smallest part of the United Kingdom.

Given that broader legislation on legacy has been so long awaited, it is important to emphasise the regulations I brought in as Secretary of State on behalf of the last Conservative Government on victims’ payments, which were the first stage of the legacy process. Many people have applied successfully for those payments, but I urge the Secretary of State to promote them to military and other victims and veterans, because I understand that many more people could apply for them. I also urge him to consider what could be put in place for the bereaved, using some of the principles that we adopted to exclude anybody who was injured by their own hand.

I would like to make a number of observations. I pay tribute to those on the shadow Front Bench for representing and standing up for our soldiers and for articulating the clear dangers of lawfare and the rewriting of history. Perhaps our party and this House should have listened earlier to my right hon. Friend the Member for New Forest East (Sir Julian Lewis) when his inquiry presented the option of a statute of limitations, but that would have had to be done as part of a much bigger reconciliation process.

We need to be so careful, when debating the issue of amnesties, to recognise that these were often British citizens killed by the very limited number of armed forces who behaved badly. It was an amazing achievement for David Cameron to have his speech shown in the Museum of Bloody Sunday in Derry. He acknowledged through his tone the wrongs that were committed. They were limited, but they were committed, and we have to admit that that happened.

I urge the Secretary of State to look at further options during the passage of the Bill for strengthening protections for veterans. First, the noble Lord Caine has suggested amending the Criminal Law Act (Northern Ireland) 1967 in order to deal with cases where a soldier thought they were acting in legitimate self-defence. Secondly, there are significantly larger volumes of legal aid paid out in Northern Ireland. Can that be looked at? The hon. and learned Member for North Antrim (Jim Allister) has raised the roving mandate of many inquests. Can that be looked at, to focus those inquests that are coming back under this Bill?

On the commitments from Ireland, I worked very closely and positively with the Irish Government to restore Stormont in 2020 and in 2024, but I remain sceptical as to how far Ireland will go, or will be able to go, in the provision of information to families. Will the Irish Government really be able to open everything up on Omagh? We have to be frank that, given the political headwinds they face, there is limited incentive for them to do that. It would be useful to understand what commitments have been made. We also need to be honest about our security services; there are going to be limits to what they can release—we have to be honest with families about that.

There are various statutory commitments in the Bill, but none on funding. The Omagh inquiry will cost about £50 million, and Finucane about £20 million. There is a risk that day-to-day policing in Northern Ireland loses out in the absence of that funding. On memorialisation and reconciliation, the clauses from the previous legislation remain. Again, who will pay for this, and how will the impossible task of getting consent on these matters be achieved?

I know that many families in Northern Ireland and beyond still want answers, and will hope that they can get them through this Bill. The lack of closure for so many leaves the next generation taking on the baton of grief and grievance. The issue for them is that time has not healed matters, nor has it lessened their pain. I hope that they can be front of mind as the Bill is debated here and in the other place in the weeks and months ahead. I think of the many individuals and families, some of whom are in the Public Gallery today, and I hope, in what is probably going to be the last piece of legacy legislation, that we can all bear those families and individuals in mind.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Speaking limits have dropped to five minutes because too many Members want to contribute. I am doing my best to get everybody in.

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[Several hon. Members rose—]

[Madam Deputy Speaker (Ms Nusrat Ghani)]

We have, unfortunately, run out of time for Back-Bench contributions. I call the shadow Minister.

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[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the Minister.

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[Sir Julian Lewis]

On a point of order, Madam Deputy Speaker.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Is it absolutely relevant right now?

[Sir Julian Lewis]

Yes, Madam Deputy Speaker. Can you tell me how, within the rules of order, I can draw attention to the way in which the junior Minister, in summing up and purportedly taking part in the debate that has just ended, refused to take any interventions for lack of time, yet finished his speech with two minutes left? Can you say anything that might encourage a Government with an unhealthily large majority to enter into the spirit of real debate? [Interruption.]

[Madam Deputy Speaker]

Order. I will decide whether it is a point of order. I do not need interventions from the Front Bench.

Sir Julian Lewis, you are a Member of astounding experience, and you know better than most that that is most definitely not a point of order. It is up to the Member speaking whether they wish to accept or decline an intervention, and the Minister declined yours most positively.