Northern Ireland Troubles Bill Debate
Full Debate: Read Full DebateNusrat Ghani
Main Page: Nusrat Ghani (Conservative - Sussex Weald)Department Debates - View all Nusrat Ghani's debates with the Northern Ireland Office
(2 days ago)
Commons ChamberOrder. I remind Members that in Committee they should not address the Chair as “Deputy Speaker”. Instead, please use our names—Ms Ghani—or “Madam Chair”, which is also acceptable.
Clause 72
The Independent Commission on Information Retrieval
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to consider the following:
Clauses 73 to 76 stand part.
Government amendment 232.
Clause 77 stand part.
Clauses 78 to 81 stand part.
Amendment 74, in clause 82, page 64, line 39, after “ICIR” insert “, and
(h) analysis of the ICIR’s engagement with non-state actors”.
Clause 82 stand part.
Government amendments 233 to 235.
Clause 83 stand part.
Amendment 51, in clause 84, page 66, line 6, at end insert—
“(1A) Notwithstanding the provisions of subsection (3), no inquest may be resumed in relation to the deaths resulting from Operation Judy in Loughgall in 1987.”
Amendment 109, page 66, line 18, leave out paragraph (b) and insert—
“(ab) for subsection (2) substitute—
‘(2) The Presiding coroner has the power to allocate a coroner to resume and conduct such inquests.’
(ac) Omit subsection (3).’”
This amendment would require all inquests arising from the Northern Ireland Troubles to be subject to a coroner-led process.
Government amendments 236 and 237.
Amendment 20, page 67, line 3, at end insert—
“(5) If during the course of an inquest it appears to the coroner that the death may have resulted from a criminal offence, he shall stop the inquest and refer the matter of potential criminality to the Director of Public Prosecutions.”
Amendment 111, page 67, leave out from the beginning of line 4 to the end of line 11 on page 68.
Amendment 113, page 67, line 10, leave out from “must” to end of line 12.
This amendment along with Amendments 114 and 115 would require all inquests that were initiated before 1 May 2024, but had not yet been allocated to a coroner, to be directed to the Legacy Commission’s senior judicial panel member for allocation as inquisitorial proceedings.
Government amendment 238.
Amendment 114, page 67, leave out lines 17 to line 6 on page 68.
This amendment is consequential to Amendment 113.
Government amendment 239.
Amendment 115, page 68, leave out line 16.
This amendment is consequential to Amendment 113.
Amendment 129, page 68, line 32, leave out subsection (3) and insert—
“(3) A coroner conducting a resumed inquest must not do anything which duplicates anything previously done in connection with the inquest unless—
(a) a New Evidence Certificate has been issued under section 30 and,
(b) in their view, the duplication is essential.”
This amendment requires a New Evidence Certificate to be issued before resumed inquests may duplicate previous investigative steps.
Amendment 32, page 68, line 34, after “essential” insert
“, if the inquest in question involves a person who has served in His Majesty’s Armed Forces or a former member of the Royal Ulster Constabulary.”
Amendment 33, page 69, line 2, after “A person” insert
“who has served in His Majesty’s Armed Forces or a former member of the Royal Ulster Constabulary and who is”.
Government amendment 240.
Amendment 112, page 69, leave out from the beginning of line 35 to the end of line 16 on page 70.
Government amendments 241 to 243.
Clause 84 stand part.
Amendment 142, in clause 85, page 70, line 39, at end insert—
“(5) A decision under this section is subject to section (Review of certain decisions relating to Veterans) where that section applies.”
Clauses 85 to 87 stand part.
Government amendment 244.
Clause 88 stand part.
Amendment 105, in clause 89, page 73, line 1, leave out subsection (4).
This amendment would remove the retrospective effect of the interim custody order provisions.
Clause 89 stand part.
Amendment 106, in clause 90, page 73, line 7, leave out
“does not affect the quashing of the conviction, but” and insert “shall not be applied retrospectively, and”.
This amendment and Amendment 107 clarify that the quashing of previous convictions on the grounds that the Secretary of State had not personally signed an interim custody order should not be disregarded for the purposes of securing compensation for miscarriages of justice.
Amendment 107, page 73, line 8, after “is” insert “not”.
See the explanatory statement for Amendment 106.
Clause 90 stand part.
Government new clause 49—Guidance about prosecution of Troubles-related offences: Northern Ireland and England and Wales.
Government new clause 50—Consent requirement for prosecution of indictable-only Troubles-related offences.
Government new clause 51—On the run letters.
Government new clause 52—Removal of bars on bringing civil claims relating to the Troubles.
Government new clause 53—Independent reports about effect of certain provisions etc on former members of the security forces.
New clause 7—Annual Reporting on Recruitment and Retention within the Armed Forces—
“(1) The Secretary of State must, within three months of any regulations being made under section 97(4) to commence this Act, appoint a person to act as an independent reviewer of the effect of this legislation on recruitment and retention in the United Kingdom Armed Forces (“the independent reviewer”).
(2) The person appointed under subsection (1) must—
(a) not have previously held elected political office in the United Kingdom;
(b) not be a current member of a political party registered in the United Kingdom;
(c) not be a current employee of a political party registered in the United Kingdom;
(d) not be a current employee of the Northern Ireland Civil Service or of the United Kingdom Civil Service;
(e) not be a current employee of the British Armed Forces.
(3) The process for appointing the independent reviewer shall be conducted by the Commissioner for Public Appointments.
(4) The person appointed as the independent reviewer under subsection (1) shall have a term in office of five years, renewable for a single additional term by the Secretary of State.
(5) The independent reviewer must provide a report to the Secretary of State within six months of their appointment and every twelve months thereafter on the impact of this Act on recruitment and retention in the United Kingdom Armed Forces.
(6) On receiving a report under subsection (5), the Secretary of State must lay a copy of it before Parliament along with the Secretary of State’s response to the report’s findings.
(7) The Secretary of State may pay the expenses of the independent reviewer and may also pay them such allowances as the Secretary of State, with the advice of the Commissioner for Public Appointments, determines.”
New clause 12—Duty to promote reconciliation—
“(1) The Secretary of State must publish a strategy for the promotion of reconciliation in Northern Ireland arising from and in connection with the implementation of this Act.
(2) The strategy must set out how the Secretary of State intends to—
(a) support the transition from the legacy of the Troubles to a stable and shared future;
(b) foster constructive relationships between different communities in Northern Ireland; and
(c) acknowledge the suffering of victims and survivors.
(3) In preparing the strategy, the Secretary of State must consult—
(a) the Legacy Commission;
(b) the Northern Ireland Affairs Committee of the House of Commons;
(c) the Victims and Survivors Advisory Group; and
(d) such other persons as the Secretary of State considers appropriate.
(4) The Secretary of State must lay a copy of the strategy before both Houses of Parliament within six months of the Act coming into force.
(5) In this section, references to the Northern Ireland Affairs Committee shall, if the name of the Committee is changed, be taken to be references to the Committee by whatever name it is for the time called.”
This new clause places a statutory duty on the Secretary of State to produce and publish a strategy for promoting reconciliation in Northern Ireland in connection with the implementation of the Act.
New clause 22—Restriction on repeated investigations without new and compelling evidence—
“(1) The Independent Commission for Reconciliation and Information Recovery (“the ICRIR”) must not begin, continue, or reopen any review or investigation of conduct forming part of the Troubles where—
(a) that conduct has previously been the subject of an investigation, inquest or other legal proceedings, and
(b) no new and compelling evidence has become available.
(2) For the purposes of this section, “new and compelling evidence” means evidence which—
(a) was not available to any previous investigation, inquest or proceedings, and
(b) is reliable, substantial and highly probative such that it gives rise to a realistic prospect of a different outcome.
(3) No review or investigation may be begun, continued or reopened by virtue of subsection (1) unless the Secretary of State has certified that—
(a) the test in subsection (2) is met, and
(b) it is in the interests of justice to proceed.
(4) In deciding whether to issue a certificate under subsection (3), the Secretary of State must have regard to—
(a) the public interest in finality of investigations,
(b) the age, health and welfare of the person concerned, and
(c) the need to ensure fair and proportionate treatment.
(5) The Secretary of State must by regulations make provision for an independent review of decisions made under subsection (3).”
This new clause would prevent the reopening or continuation of Troubles-related investigations or reviews where there is no new and compelling evidence, and introduces a certification requirement whereby the public interest, age and health of persons concerned, and the need for fair and proportionate treatment are considered before a review or investigation may be begun, continued, or re-opened.
New clause 30—Mandatory Compliance with Medical Certificate—
“(1) This section applies where a person (“P”) is required, or has been requested, to give evidence in connection with—
(a) an investigation under Part 3;
(b) inquisitorial proceedings under Part 4; or
(c) a resumed inquest under Part 7.
(2) Where P has provided a certificate issued by a registered medical practitioner stating that P is unfit to give oral evidence, the relevant decision-maker must not require P to give oral evidence unless subsection (3) applies.
(3) Where there are substantial grounds to believe that a medical certificate produced by P has been procured by fraud, or in any other way dishonestly, the relevant decision-maker may require P to disclose their full medical records for the purposes of determining P’s fitness to give evidence.
(4) Where medical records have been requested under subsection (3), P is under no obligation to supply those records to any person other than the relevant decision maker and such records shall not be supplied by the decision maker to any other individual.
(5) Save where the circumstances described in subsection (3) apply, and the decision-maker determines that P is in fact fit to give evidence, no adverse inference may be drawn from any person’s reliance on medical unfitness certification.
(6) For the purpose of this section, “the relevant decision-maker” means—
(a) the relevant Director of Investigations;
(b) the relevant judicial panel member; or
(c) the coroner conducting the resumed inquest (as the case may be).”
New clause 31—Review of certain decisions relating to Veterans—
“(1) This section applies where a decision is made under—
(a) section 28(11) (requests for investigations by certain persons);
(b) section 43 (referral to prosecutors: investigations);
(c) section 61 (referral to prosecutors: inquisitorial proceedings); or
(d) any provision of Part 7 (inquests).
(2) A person to whom the decision relates may, within such period as may be prescribed by regulations made under the affirmative statutory instrument procedure by the Secretary of State, request that the decision be reviewed in accordance with this section.
(3) Where a request is made under subsection (2), the decision must be referred to—
(a) the Attorney General for England and Wales;
(b) a person appointed by the Attorney General for England and Wales who—
(i) holds or has held high judicial office in the courts of England and Wales; and
(ii) does not hold office in Northern Ireland.
(4) A reviewer under subsection (3) may—
(a) confirm the decision;
(b) quash the decision;
(c) remit the decision to the original decision maker for reconsideration, together with directions as to the matters to which regard must be had in reconsidering the decision.”
This new clause provides for the review of certain decisions by the Attorney General, or a serving or former Judge from outside Northern Ireland.
New clause 54—Reconciliation, transparency and memorialisation of the Troubles—
“(1) The Secretary of State must, within six months of this Act receiving Royal Assent, lay before both Houses of Parliament a statement on the implementation of Part 4 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (“the 2023 Act”).
(2) The statement made by the Secretary of State must include, but be not limited to—
(a) details on how the implementation of Part 4 of the 2023 Act will occur in relation to the entry into force of this Act.
(b) a proposed appointment process for selecting “designated persons”, for the purposes of Part 4 of the 2023 Act, that is transparent and guarantees the independence of those persons appointed.
(c) provisions detailing the reconciliation projects that will receive funding from His Majesty’s Government.”
This new clause would require the Government to make a statement on progress in implementing Part 4 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, reflecting recommendations made by the Northern Ireland Affairs Committee in its Second Report of Session 2024–26.
Government amendment 245.
Clause 91 stand part.
Government amendments 267 to 275.
Schedule 6 stand part.
Clause 92 stand part.
Amendment 277, in clause 93, page 76, line 10, leave out “, or” and insert “,
(ea) F is a grandparent of D,
(eb) F is an aunt or uncle of D,
(ec) F is a niece or nephew of D,
(ed) F is a grandchild of D, or”.
This amendment would extend the definition of a close family member of a deceased person, as recommended by the Northern Ireland Affairs Committee in its Second Report of Session 2024-26.
Government amendments 246 to 248.
Clause 93 stand part.
Government amendments 249 and 250.
Clause 94 stand part.
Clauses 95 and 96 stand part.
Amendment 45, in clause 97, page 78, line 35, after “(2)” insert
“and subject to the provisions of subsections (3A) and (3B)”.
This amendment is a paving amendment for Amendment 46.
Government amendment 251.
Amendment 46, page 78, line 36, at end insert—
“(3A) No regulations may be made by the Secretary of State under subsection (3) unless the condition in subsection (3B) is met.
(3B) The condition in this subsection is that the Secretary of State must lay before both Houses of Parliament a written statement which outlines the steps undertaken by both the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland to implement the undertakings made in “The Legacy of the Troubles: A Joint Framework between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland” (“the Joint Framework”), including, but not limited to, a report of the Secretary of State’s understanding of progress on—
(a) a cross-border body on information retrieval,
(b) the establishment of a dedicated unit within An Garda Síochána to be a central point of contact for cross-border cooperation on Troubles-related cases and Troubles-related investigations being undertaken by An Garda Síochána,
(c) the investigation by An Garda Síochána of all unresolved Troubles-related incidents within its jurisdiction.”
Clauses 97 and 98 stand part.
With regards to the OTR letters, the Secretary of State will know that I spoke yesterday on that very issue. The fact that there is clarity today that you are progressing the amendment is welcome. However, on-the-run letters did have effect, as the Hyde Park bomber got away with his misdemeanours because of them. They did have effect. Will the Secretary of State confirm, as I asked yesterday, whether the letters will have effect on the ongoing new prosecution of John Downey who, by the way, is hiding in the Republic of Ireland undercover? Will that have effect on the current prosecution he is facing?
Order. Before the Secretary of State responds, I appreciate how sensitive these questions and answers are, but it is not “you” and not “your”.
And it is not for Ministers to comment when there are legal proceedings being undergone either, as I think the hon. Lady will be aware. I will not comment on the specific incidents. I have made my views clear about why there should not be any amnesty for people involved. There was legislation introduced that meant that nobody can face a prison sentence of more than two years. We understand the kind of arrangement that that was. There were people and political parties who did not support the Good Friday agreement, and maybe these are some of the issues that were always troublesome for them. For me, it is important that at this stage we recognise that we need to get as many answers as possible for people, and that there cannot be that kind of immunity, amnesty—whatever we may call it.
The Government recognise that investigations by the legacy commission are just one aspect of addressing legacy. That is why we have agreed to establish, on a pilot basis with the Irish Government, the independent commission on information retrieval. That was originally agreed by the coalition Government and the Irish Government in 2014 as part of the Stormont House agreement, but it was never established. That is why I am pleased to be able to establish it now.
The ICIR is entirely separate from the legacy commission and will not conduct investigations. That is a very clear distinction. Its remit is, privately, to receive and retain information about troubles-related deaths and share that information, again privately, with those family members who have requested it, providing a different means by which families may obtain information about troubles-related deaths. I know, having spoken to quite a few families in Northern Ireland, that they warmly welcome that and want to see it amplified, if we can make the pilot work.
Members will see that I have tabled some minor and technical amendments relating to the ICIR. For example, amendment 235 will ensure that the ICIR is able to produce and provide a report to a requestor after its operational period has ended, in circumstances where it has concluded its work on a specific case but has been prevented from providing a report due to an ongoing criminal investigation or prosecution. Investigations and prosecutions in troubles-related cases are often complex and can take some time to conclude. We want to avoid a scenario where the ICIR has concluded its work on a case on behalf of families but is unable to share potentially important information with them in those circumstances, which are beyond its control.
Finally—it is not really my final “finally”; I just noticed that the word “finally” appeared and it really used to wind me up when listening to sermons that had “finally” halfway through. Anyway, finally—
Yes, I am always in favour of consistency, and I am sure that that is how the two bodies will proceed in drawing up their guidance.
Finally, I look forward to listening to the further contributions of hon. Members today as we continue to consider amendments and that clauses and schedules stand part of the Bill. I really hope that we are able to get the Bill right today. It is about achieving a balance, and I hope that that is what our amendments will do.
I call the shadow Secretary of State.
I start by paying tribute to those who spoke yesterday on the first day of Committee. There were excellent contributions from both sides of the Committee and from all sides of the debate. A number of the issues discussed are not strictly within scope of the new clauses and amendments today, but I will return to them on Third Reading because they are essential to the broader discussion that we are having. I just wanted to say that there were some powerful speeches that resonated across the divides.
In that spirit, I want to begin with what the Opposition welcome. Government new clause 51 effectively ends the debate on the highly controversial on-the-run letters, the so-called letters of comfort. These were letters issued by the Government to republican suspects, primarily those affiliated to the IRA. They arose because, while the 1998 agreement’s early release scheme covered convicted paramilitary prisoners, it did not cover those who had never been charged, who had been charged but had escaped, or who had escaped after conviction.
Sinn Féin argued that this was anomalous and that resolving the status of such individuals, many of whom were seen as important to republican support for the peace process, was necessary. Where Sinn Féin identified concerned individuals, the Government then assessed whether they were wanted, and if they were not, a letter of reassurance was issued. It has long been argued that such letters did not offer immunity to prosecution. However, as the hon. Member for Upper Bann (Carla Lockhart) has pointed out, that was not so, because in 2014, John Downey, an IRA man accused of perpetrating the 1982 Hyde Park bombing, produced his letter at the Old Bailey and the trial collapsed. While it was said that Mr Downey’s letter had been issued in error, there is no doubt that that letter prevented him from being put on trial for that crime. Whatever confidence there was in the scheme then completely collapsed, and despite the considerable work of Lady Justice Hallett, doubts have lingered. The Government are right to put this issue beyond all doubt by amending the Bill.
Similarly, we welcome Government amendment 251, which obliges the Secretary of State to lay before Parliament a statement about the actions taken by His Majesty’s Government in the United Kingdom and the Government of Ireland in pursuance of the joint framework. This is a replacement to amendment 46, tabled in my name, which did much the same thing. The importance of this measure is that the Government will have to give an assessment of the progress that the Republic has made in laying its own legislation before ours can come into force.
I ask the Secretary of State to confirm from the Dispatch Box that this statement will explicitly cover, as I think is set out in the framework, the investigation by the Garda of all unresolved troubles-related incidents within its jurisdiction. It is important that any statement that he gives to the House when both pieces of legislation are complete covers that specific issue, which was an important element of the framework.
Order. If people wish to participate in the debate, they should do so by formal intervention, so that it can be recorded in Hansard, and not by chuntering from a sedentary position.
Order. I hope the hon. Member agrees that there has been order throughout the debate.
You are quite right as ever, Ms Ghani—it is good to be finally put right on that.
Adam Jogee
We will save that one for later, I think—I will buy him a cup of tea.
I am grateful to the Secretary of State for ensuring that there are new and effective protections for our veterans—protections that were not included in the previous Government’s legacy Act. I join the Royal British Legion in welcoming amendment 240, which gives our veterans the peace of mind that they will not be targeted with cold calls. That is, of course, hugely important for all the ageing veterans who served our country, some of whom are in the Gallery today.
The Bill will also ensure that nobody who carried out terrorist atrocities in towns and cities across the United Kingdom will be given immunity from prosecution. For example, new clause 51 stops on-the-run letters—which have never been legally binding—preventing prosecutions. I thank the Secretary of State for the words he put to that earlier.
The protection from repeated investigations, protection from cold calling, protection in old age, a right to stay at home, a right to anonymity and a right for veterans’ voices to be heard are all important changes that will go a long way to protecting those who served. Those are all so important, and I am grateful to Members across the House who helped us get to this place today. A commitment to reconciliation, a belief in political partnership and an understanding that peace is not a single event but an ongoing process is reflected in the amendments we are discussing this afternoon.
It is also important to acknowledge an uncomfortable truth: no legacy Bill will ever satisfy everyone, because the pain of the troubles sits differently with every individual, every family and every community, as we have seen in our debates. This Bill is no exception, whatever amendments are tabled and approved. For some, it may not go far enough in the pursuit of truth and accountability. For others, it may reopen wounds they wish they could finally close. That tension reflects not the shortcomings of any single piece of legislation but the enormity of the suffering endured during the conflict.
We must also recognise that the Bill cannot, and was never intended to, repair every harm or resolve every grievance. Legislation cannot rewrite the past, nor can it undo the loss that thousands of families still feel so deeply. What it can do, however, is help create a structured, principled framework to address legacy issues in a way that is fair, transparent and capable of earning people’s trust. Most importantly, this Bill must be understood as not only a measure aimed at the past but a step toward the future—a step that has been made more likely with this Bill and many of the amendments that have been tabled by Members across the House, by colleagues of mine on the Northern Ireland Affairs Committee and by His Majesty’s Government.
Northern Ireland deserves a pathway that allows future generations to live without inheriting the full weight of division and trauma that shaped the decades that went before them. For this Bill to succeed, it must do much more than catalogue history; it must help us build the conditions in which communities can live together, heal together and move forward together. We must also recognise that some of the proposals remain deeply challenging and controversial, and we have to ensure we find a way through that. In addressing legacy, we are dealing with raw and painful memories, contested narratives and a future that, if we are to reach it, still requires courage and patience. We owe it to the people of Northern Ireland—both victims and survivors—to those who served, and to future generations to make sure that we get this right and that this Bill is sent to the other place in as strong and robust a form as possible.
I call the Liberal Democrat spokesperson.
Mr Paul Kohler (Wimbledon) (LD)
May I begin by apologising to the Committee? Last week’s carry-over motion was a bad-tempered, partisan affair with lots of angry chuntering. I assumed that this week’s Committee of the whole House would be similar and said something to that effect at the beginning of my speech yesterday. I could not have been more wrong. There were so many profound and compelling speeches. I was here for almost eight hours listening to them, and I was in awe of the Members who spoke from all sides of the Committee. It was a wonderful moment that spoke so highly of this House, no matter how we agree and disagree.
I still think we should have had a Committee upstairs, however, and I want to give an example from yesterday to prove my point. Provided that we invited our Northern Ireland colleagues, a less formal Committee upstairs would have been more effective. I think we all want to avoid repeat investigations in the absence of compelling new evidence. My party supported the Tories’ new clause 21 to that effect, which was excellent in many respects. That included a certification process with a Supreme Court judge. The Secretary of State said he thought that was impracticable—I agree. I have known a few Supreme Court judges. They do not have the time, they do not have the inclination and, frankly, many of them do not have the evidential expertise to provide that function efficiently.
My party tabled an amendment that included a different certification process, as suggested by the SAS Regimental Association, whereby the director of investigations would issue a certificate and give reasons. The Government also had a fair point to make in their amendment 192: that the process should only begin after other sources of evidence have been fully explored. We all had something to bring to the table, and had we been discussing this in a sensible Committee upstairs, we would have improved the Bill. Please, for the future, can we think about having Committees upstairs, bringing in our Northern Ireland colleagues, on Bills such as this?
As I said, yesterday we heard from Members across the Committee in powerful and often moving speeches that covered a wide array of views from the various communities impacted by the Bill. I was hugely taken by the points raised by the hon. and gallant Member for Birmingham Selly Oak (Al Carns) and the right hon. and gallant Member for South West Wiltshire (Dr Murrison). Their remarks on the passage of time, the fading of memory, and the vanishing chance of achieving justice were insightful. I think the hon. Member for Birmingham Selly Oak went as far as to suggest, as I have heard some in the veteran community also say, that justice might not be possible and we should focus on truth and reconciliation. However, as the Secretary of State said a little later, one cannot have reconciliation without justice. Members will accuse me of being a typical Lib Dem, but I think both Members are correct.
The key to resolving the apparent disagreement lies in how we define justice. In these debates the notion of justice is often mediated through a lawyer’s narrow conception of the word, and in terms of criminal prosecution and civil liability—an essentially retributive concept. But justice is about more than just retribution. As I know from personal experience it also includes restorative justice, where truth and sometimes reconciliation are key. That broader more holistic view of justice is not at variance to truth and reconciliation, but a critical component. Mediating justice through the narrow lawyer’s lens risks preserving divisions and animosities, for healing will rarely be achieved through lengthy inquiries providing limited chances of prosecution. If we want to achieve reconciliation, we must broaden our conception of justice to move beyond the adversarial and recriminatory, and focus on establishing truth and finding answers.
Yesterday I broadly focused on veterans. That is because my party and the constituencies we represent are home to many veterans, including many who served with courage in Northern Ireland. Their protection and welfare are hugely important to my party. In saying that, I do not wish to lose sight of who the Bill must deliver for, and the thousands of victims, survivors and families who lived through the troubles and still carry that weight today. As others have said, veterans and victims are not two separate groups. Those who served bravely as part of Operation Banner and their families are also victims of the troubles.
The one thing that nearly every victim wants is answers. In particular for those families still wondering about their murdered loved ones, the inevitable questions that come with a violent death still haunt them today: how, where, who and, most importantly, why? I wish to reflect on a meeting I had at the excellent WAVE centre when I visited Northern Ireland earlier this year. I met relatives of those who had been murdered by Stakeknife, and who had gone through the Operation Kenova process. They did not get what they initially wanted, which was prosecutions, but they were so thankful for the process, to Jon Boutcher who headed it for much of the time, and for the fact that someone was listening to their concerns, and they had the opportunity to speak to those involved and get answers to what had happened. Information and answers give families restored faith. The process built trust, and even though they did not get what they wanted from Jon Boutcher at the outset, they all spoke highly of the process, which helped with the healing.
Information retrieval is a powerful thing. We saw that in the recent report into Rory O’Kelly’s murder by an IRA gunman, which provided catharsis to his two children. Anne Frances O’Kelly described the process as “something sacred and transformative”. The report did not reveal the identity of the killer—it could not—and it did not lead to the prosecution of a terrorist for a heinous crime, but it provided closure all the same. I share, as I hope we all do, Anne’s hope that as many families as possible will be able to engage in that process, which has such a key role to play in reconciliation.
I appreciate that ICRIR and its successor, the legacy commission, have information recovery functions, but they could be doing far more to promote reconciliation in Northern Ireland. In a letter to me, the Secretary of State places great emphasis on measures in the legacy Act, referring to oral histories. I do not doubt that those will have a role to play in reconciliation, but oral histories alone are not enough. The Bill presents a unique opportunity to review our approaches to reconciliation, and to try to make a more active approach, and broader our understanding of justice.
The right hon. Member is making a powerful speech. Loughgall is in my constituency, and he has rightly said that the East Tyrone killing wing of the IRA was the most barbaric, bloodthirsty wing of the IRA. It is important to remind the Committee of the names of Eva Martin, Sir Norman Stronge and his son James, the four UDR soldiers killed by the Ballygawley landmine, the two RUC soldiers murdered at Ballygawley station, and Harold Henry of Henry Brothers, all of whom were murdered by these people. When we look at their CV, it certainly does not say that they were just going to blow up a building. The right hon. Gentleman is right to mention the name Jim Lynagh in this regard. He was under investigation for Sir Norman Stronge’s murder at the time of Loughgall. Pádraig McKearney had been convicted of firearms offences, too.
As we discuss this Bill, the Government have the opportunity to stop the second inquest. Does the right hon. Gentleman agree that the Government must do the right thing and include within the legislation your amendment 51 to stop the second inquest and to show that when these people met real soldiers, it saved lives?
Order. I know that very important and sensitive points are being raised, but please do not say “you” or “your”. I remind Sir David Davis that many people wish to contribute to this debate.
I am very close to the end, Madam Chairman. The hon. Lady is exactly right, and that is the entire thrust of amendment 51. If I had had my way, I would have said that amendment 49 was better, because it would have stopped all these inquests. The amendments would not get rid of the investigations, but would put them into a better process, which the Government have designed.
I will finish on coroners courts. I have listened to a number of soldiers who have appeared in these courts, and the Committee can guess who I am talking about, but they are tough, intelligent soldiers. However, the court is not their environment, when they are being harassed by a lawyer not to get to the truth, but to get a story out of them. I spoke this morning to one of them who has been through more of these court cases than most, both inquests and judicial reviews. He told me that IRA lawyers are, in his words, “more interested in drama than justice”.
Thank you for calling me, Ms Ghani. It is a huge privilege to follow the hon. and gallant Member for Birmingham Selly Oak (Al Carns). He has been steadfast and faithful not only to the principles that he upholds and expounds, but to the bonds with his comrades and the legislation’s consequences for them. He has acted in a selfless way, and I guess that is the mark of the man. There are many in politics who would not have taken the position that he did, so it is a pleasure to follow him, and I thank him for his contribution.
I feel I need to do this given his speech, but I must mention the hon. Member for Wimbledon (Mr Kohler). He started off almost apologetically this afternoon, and last week, after the carry-over motion, he took sanctuary in Londonderry with me and other members of the Northern Ireland Affairs Committee. He feared he had done something inexplicable: he had united the House against him. I did not agree with that assessment, but I believe he is approaching these issues with a level of diligence that we appreciate, and I thank him for that.
Yesterday, I spoke more broadly about the Bill and the amendments then before the Committee. Sometimes I lament that, on issues such as legacy, far too many people hear what they think is being said because of the person saying it, and they do not listen to the contributions being made. There are people in this debate who think, “Well, they would say that anyway, wouldn’t they—always standing up for the Brits,” or, “They would say that, wouldn’t they—always standing up for the Irish,” or, “They would acquiesce, wouldn’t they—always in the face of terror.” I do not think that does this debate any good. There are people I fundamentally disagree with—we are on different sides of the Chamber and we will be in different Lobbies this evening—but there are things they say and contributions they make in this debate that I agree with.
I do worry that, so often in this debate, there seems to be a tension between victims and innocent victims and soldiers, or should we say “state combatants”? Some would describe them as that, but I think it is disrespectful. We pit individuals against one another. Why does somebody like me talk about veterans and the need for veterans’ protection? It is because those individuals volunteered to stand up for the things that we value in this country.
I listened to the hon. Member for Sunderland Central (Lewis Atkinson), who is not in his place at the moment. He said that when the Army was deployed in Northern Ireland, it was not deployed for one side or another. That is not quite right. It was deployed on the one side that the vast majority of people in Northern Ireland were on: those who believe in the rule of law and in upholding the decency of democracy. It was deployed to stand up for our values. When I say “our values” I mean Protestant, Catholic, dissenter, none—those who believe in the values that hold our society together. The Army was deployed on the side against those who wanted to destroy our nation, destroy our livelihoods and take our lives.
That is why the Army was deployed and that is why we owe it to the veterans—as a Parliament, as a legislative Chamber—to provide protections. The right hon. Member for Leeds South (Hilary Benn), for whom I have huge regard though we clashed many times on these issues, will know that I asked him not to talk about protections for veterans if they did not amount to measures that protected those very same veterans. Talk of safeguards and talk of measures that may be brought forward which could provide some level of comfort, but let us not describe them as protections if they do not protect.
What we hear and see before us today, and throughout the course of these debates, are the following measures: fairness, dignity and respect. They are offered as a protection to veterans. There should be fairness, dignity and respect for anybody in these processes. Of course, they do not apply to veterans; they apply to everyone. On witness participation, witnesses should not be compelled to participate unless there is “new and compelling evidence”. It is offered as a protection for veterans, but it is something that applies in principle to everyone. I do not challenge that, but I do not pretend it is something it is not. On older veterans, this legislation and the amendments before us would guarantee that they are treated with respect and with care, and that an assessment is made if needed. That is their participation. It does not just apply to older veterans. It is presented, wrongly and mischievously, as a protection for veterans, but, rightly, it is an application of a principle that applies to all.
Then we have the provisions around the Attorney General and the consent required in Government new clause 50. Veterans asked for this. Veterans asked for the Attorney General, who also serves as the Advocate General for Northern Ireland, to be incorporated into this process. That it has been offered, satisfies the requests of veterans. They asked for it because they do not trust—I heard it earlier mentioned—the politics of Northern Ireland in prosecutions. Our prosecution service in Northern Ireland is independent of politics—it is independent of politics in Northern Ireland—but the consent required of the Attorney General is given because it has been requested by veterans, and veterans assume that it will add some level of protection. But it will not.
Whenever that has been challenged, and whenever the Secretary of State has been challenged about why he is doing it—challenged by victims, challenged by loved ones and challenged by others—he gives an answer that he gave again last night. It is in Hansard. He says:
“yes, completely. That was recommended by the Joint Committee on Human Rights. It is important to note that the Attorney General, who is also the Advocate General in Northern Ireland, would have only a quasi-judicial function, and would use precisely the same prosecutorial process as they would for any other prosecuting decision.”—[Official Report, 19 October 2026; Vol. 791, c. 867.]
What started as a request from veterans has been welcomed by some veterans’ groups who think it will add some level of protection or cover from the infected process they see in Northern Ireland, but it will not. We know very clearly: one, applies to everyone; two, quasi-judicial process; and three, just replicating exactly the same principles of the prosecutors who are making the decision in Northern Ireland in the first place. So the question is this: why do it at all? What benefit is there at all if they are replicating the same process which is approached independently, is quasi-judicial and applies legal application? What does it add to the process at all?
I said it this morning to a wider audience in Northern Ireland and I will say it again this evening: the problem with this proposition is that it started as a request. That request was acquiesced to and people were led to believe that it was a level of protection. When challenged by victims who say, “How can you be stepping in to protect? How can you provide a mechanism that is going to protect a certain cohort?” the answer is, “Well, actually, it doesn’t apply to them alone; it applies to everyone and actually, it is just exactly the same application of principle that you will see in Northern Ireland. It is quasi-judicial anyway and of course it could be judicially reviewed.”
The reason I raise these points is because I think it is fundamentally important that people speak accurately—accurately, Ms Ghani.
There you go; it is pathetic, Ms Ghani. This Committee will consider the amendments, but I have no doubt, given the lack of scrutiny and interest in most of what was before us yesterday, that they will be agreed on the nod—and then time will tell.