Northern Ireland Troubles: Operation Kenova

Paul Kohler Excerpts

Tuesday 9th December 2025 Commons Chamber

[Mr Speaker]

I call the Liberal Democrat spokesperson.

[Mr Paul Kohler (Wimbledon) (LD)]

I thank the right hon. Member for Belfast East (Gavin Robinson) for his question, and I thank the Secretary of State for his answer. I have three questions. First, do the Government accept the Operation Kenova report’s findings of “serious organisational failure” on the part of MI5, and if so, what concrete steps will they take to address those failures? Secondly, is the Secretary of State satisfied that his proposed legacy legislation contains adequate safeguards to ensure that honourable former service personnel who served lawfully and with integrity and followed orders in good faith do not fear persecution on the basis of the unlawful actions of either rogue individuals or the state? Thirdly, does the Secretary of State agree that the “neither confirm nor deny” policy must be exercised in a proportionate and necessary manner, and should not be used to protect agents who commit gross serious crime or to hide any serious misdeeds of the state?

[Hilary Benn]

Our legislation contains a number of very specific safeguards, which are in the Bill because of our commitment to the veterans who served with such bravery in the most difficult circumstances. However, I have indicated to the House that, as the Bill progresses, I am open to a continuing conversation with Members in all parts of the House, and with the Royal British Legion and the other organisations representing veterans, so that we get this right.

The “neither confirm nor deny” policy is important for our national security. The ultimate responsibility of Governments is to protect national security, and the moment that the “neither confirm nor deny” policy starts to be eroded—although in a small number of cases it has been set aside for particular reasons—that undermines the confidence of those who are serving the state today to keep us safe. They may start to ask themselves, “Will the Government still uphold that lifelong commitment not to reveal anything about what I have done?” The “neither confirm nor deny” policy is a really important protection for those who do very dangerous things in order to try to protect all of us.

As for the hon. Gentleman’s question about MI5, I responded to the Chair of the Select Committee, my hon. Friend the Member for Gower (Tonia Antoniazzi), in respect of the information that was subsequently discovered, but, of course, the use of agents— covert human intelligence sources—is nowadays subject to regulation under the Regulation of Investigatory Powers Act 2000 and the Covert Human Intelligence Sources (Criminal Conduct) Act 2021. Both those pieces of legislation show the determination of the House to learn from what has gone wrong in the past.