Northern Ireland Troubles (Legacy and Reconciliation) Bill

Simon Hoare Excerpts

Committee stage
Wednesday 29th June 2022 Commons Chamber

[Simon Hoare (North Dorset) (Con)]

I am grateful to my right hon. Friend. The hon. Member for North Antrim (Ian Paisley) is right to point to the cross-party nature of proposals. Amendment 85, in my name, addresses this issue, but amendment 115 really should be unarguable. I hear precisely what the Minister says—that the Government believe something—but he recognises the seriousness of the crime and there is a firm belief that sexual intimidation, sexual violence and rape were used as a tool of intimidation and criminality during the troubles. For the sake of clarity and the peace of mind of those who are concerned about this issue, I hope that the Government could move on it. That would provide peace of mind on a point of argument which, frankly, should not be an argument.

[Conor Burns]

I listen very carefully to what my hon. Friend the Chair of the Northern Ireland Affairs Committee says. The Secretary of State and I were again discussing this issue in detail yesterday, this morning and just now, as we have done many times in recent months. The Government’s view is that sexual offences would be outside the scope of the Bill. If we need to bring greater clarity to that, we are listening and we will find a way to do that, but we believe passionately and sincerely that that is not within the scope of the Bill before the Committee today.

[Conor Burns]

I am almost tempted to let you decide who should intervene, Dame Rosie, but I will let my hon. Friend the Member for North Dorset (Simon Hoare) come back in.

[Simon Hoare]

I am very grateful. Let us be absolutely clear: nobody is doubting the sincerity on this issue of either the Minister or the Secretary of State—both are on the Front Bench today. However, belief and certainty are two entirely different things. Would it not be much better to have the provision in the Bill so that belief, certainty or whatever is immaterial? It would be in the Bill and be very clear for everybody to see. This is a very simple ask. I am not asking the Minister to do this today; I am asking for due consideration of the issue in the other place in order to provide certainty and peace of mind, which would not rely on belief or understanding of any Minister at any time. The face of the Bill is the place for the provision.

[Conor Burns]

I hear clearly what my hon. Friend says. We will need to find a way to bring greater clarity to this issue. However, I restate our view that someone coming to the information recovery body and saying that they had committed rape would not be eligible for immunity from the body for that offence. If we need to find greater clarity on that, we will find a way to do that.

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[Conor Burns]

I have great admiration for my right hon. Friend, as he knows. He and I maintained a very warm dialogue when he was Chief Whip in extremely trying political circumstances. He was sitting alongside me when I gave the Committee the commitment that we will take this away and look at it, and will seek to give reassurance and comfort to Members that what we are saying about the provisions and definitions in the Bill is soundly based, and that if we need to consider mechanisms before the House gives final assent to the Bill, we will do that.

I can say to my right hon. Friend that I am confident that we can vote for this measure this evening before it leaves this place for scrutiny in the other place, and I am confident that his fears are not grounded. I will be listening for the rest of the afternoon, and we may want to say something later on, but I am paying very careful attention to the mood of the Committee on this issue.

[Simon Hoare]

May I echo what my right hon. Friend the Member for South West Wiltshire (Dr Murrison) said? No one doubts the sincerity of the Minister. I would say to the shadow Secretary of State that we all know the processes whereby a write-round will have to take place. The Minister is in an invidious position, in that he cannot meet at the Dispatch Box the perfectly legitimate request made by my right hon. Friend the Member for Skipton and Ripon (Julian Smith). There is, I think, unity in the Committee on this issue.

It may be sensible for the shadow Secretary of State—who, I know, is an honourable and good man—not to press amendment 115 to a vote this evening, but with the absolute caveat that if the Government move away from, effectively, what the Minister has said at the Dispatch Box, an amendment will be tabled on Report, there will be a free-for-all, and the Government will be defeated.

[Conor Burns]

I have listened carefully to what the Chairman of the Select Committee has said. Ultimately, it will be up to the shadow Secretary of State and his Front-Bench team to decide what to do. I share my hon. Friend’s affection—

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[The First Deputy Chairman]

Obviously it is difficult to predict what would happen on the day. In such circumstances, Members can all agree that they wish to allow enough time for Report stage by means of shorter speeches or fewer votes. On the other hand, I understand that it is also possible for the business managers and the Government to table a Business of the House motion that could perhaps give specific protected time to a Report stage, but that would be a decision for the Government. Again, I hope that that is helpful.

[Simon Hoare]

Further to that point of order, Dame Rosie.

[The First Deputy Chairman]

I am slightly anxious that we will use the whole debate for points of order, but I will take this one from the hon. Gentleman.

[Simon Hoare]

It was my understanding, Dame Rosie, that the usual channels could alter the programme motion, but could you also confirm that when we reached the stage of what we normally describe as ping-pong, were such an amendment to be passed in the other place, we would debate it here in the context of the Government’s response to the amendment? That would also afford an opportunity for this place to accept an amendment from their lordships that the Government might still be trying to resist, although I doubt that they would. Is that not still open to us as Members of the House of Commons?

[The First Deputy Chairman]

This is something that I suggest would lead to ping-pong, as the hon. Gentleman calls it, but, again, the scheduling is not a matter for the Chair; it is a matter for the business managers and the Government.

I have a feeling that the Minister has heard all the points that have been made, and I think we should probably return to the debate.

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[Peter Kyle]

The former Secretary of State for Northern Ireland makes an incredibly important point, which has been raised with me by investigators in other situations. I say investigators—plural—because there is a lot of intense interest in this role, but if we are to get somebody of calibre interested in it, they will want to know that the work, and the legal framework for their work, is robust, credible, and will provide the foundations for work of which they as individual investigators can be proud.

Amendment 113 would involve Northern Ireland’s actors in the appointment process for the commissioners. The Bill gives vast powers to the Secretary of State. As it stands, it is up to the Secretary of State alone to appoint commissioners who will be in charge of the new body. With the greatest respect to the current Secretary of State, that concentration of power has damaged perceptions of the Bill, and it undermines its chances of support in Northern Ireland. Multiple Governments have failed on legacy issues. Simply put, there is not enough trust in the UK Government within Northern Ireland to give sole power for appointing the commissioners to the Secretary of State. Our amendment would require the Secretary of State to consult with the appointments panel before being able to appoint a commissioner. We have based the panel on the Stormont House agreement proposal. It would contain the Attorney General for Northern Ireland, a member of the Commission for Victims and Survivors for Northern Ireland, the head of the Northern Ireland civil service, and a person with experience of managing major criminal investigations, appointed to the panel by the Northern Ireland Justice Minister.

Reconciliation cannot be imposed. The Government’s proposals are supposedly based on the principles of the Stormont House agreement, but that approach was rooted in Northern Ireland and was supposed to flow from its institutions. The amendment would require those Northern Ireland institutions to approve the Secretary of State’s recommendations for commissioners. It would strengthen the independence of the commission, and provide reassurance that only candidates of the highest calibre could become commissioners.

Finally, amendment 115 would exclude sexual offences from the scope of immunity provisions in the Bill. The need for such an amendment highlights once again how the Bill has come forward without the required consultation or scrutiny. I listened to the debate unfold earlier, which was sparked by friends from the DUP and other Northern Ireland parties asking questions in support of amendment 115, and the discussion that unfolded, and I listened with some frustration. Why frustrated? It is because, for us, this debate has been going on for a very long time. I raised the point on Second Reading, when I was assured multiple times that it was not an issue, and I was reassured that Ministers would go away and consider it. I even intervened on the Minister in his summing up, to recheck whether the issue would be addressed. I was told that it was not a legal problem, and that it would be looked at once again in an open-spirited way.

I listened carefully to the Northern Ireland Affairs Committee’s inquiry, where reams of evidence was given by witnesses that criticised and said in no uncertain terms that the Bill did not exclude sexual offences from immunity. Once again, if I as shadow Secretary of State was listening, why could not the real Secretary of State and all his officials have listened too, and realised that there was a problem? I tabled the amendment and have had channels open to people responsible for such things. Nobody could have been in any doubt whatever about my intentions in the Bill, so it cannot be claimed that the problem has just emerged in this debate.

[Simon Hoare]

I absolutely concur with the shadow Secretary of State. He points to the weakness that, while Ministers have asserted one thing, too many people for comfort have got a concern about the issue, so the Bill is not clear enough and further work needs to be done. He referenced the exchanges across the Committee. I asked him this through my right hon. Friend the Minister, and I now ask him directly: cannot additional time be found through the usual channels to safeguard extra time for Report, which, to take the point made by the hon. Member for Belfast East (Gavin Robinson) would ensure that an amendment could be considered? His office and the Secretary of State’s office should be given the space and time to sort this out either through an amendment in the other place or by allowing us time to consider an amendment on Report that he and I know the House will support. However, may I plead with him not to divide the Committee on such an important and sensitive issue this afternoon?

[Peter Kyle]

I am always grateful for the hon. Member’s considered and sincere interventions. He will sense my frustration that it has come to this moment in time. In effect, he is asking me to play the role of Government party managers, Front Benchers and Ministers, who should have been considering the issues and discussing and debating them with Front Benchers, Back Benchers and the party way in advance of today. I have been designing solutions to the problem based on the work of the hon. Member’s Committee and involving victims, and it has not been done in secret. I might add that it has involved doing the hard work of going through previous legislation to see how the exact same issue has been overcome in other circumstances. We have several more hours of consideration on the Bill, so I think that we have plenty of time to come to an agreement, but it needs to be rooted in amendment 115.

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[Peter Kyle]

I certainly hear the right hon. and learned Gentleman’s gentle plea. I know what a gentle plea is, because I have been making strident pleas to the Government to address this issue for weeks and weeks. I have a way forward. Even by his own admission, amendment 115 is in the ballpark of where we are going to land, whether it is the Government or the Opposition who come up with the solution, so we should allow the amendment to pass tonight. If it can be improved upon, there is a perfect place where that can happen: the House of Lords. That strikes me as a reasonable way forward—indeed, as a compromise, because I can say with absolute assurance that members of my party in the House of Lords stand ready to work with Government Members on this issue.

[Simon Hoare]

There may be a third way, which is for the Government to accept amendment 115 today without a Division, but with the caveat that the two Front Benches will work on the wording to ensure a joint Front-Bench amendment in the other place or for our consideration on Report.

[Peter Kyle]

And we get to where we need to be. I am extremely grateful for the hon. Gentleman’s approach.

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[The Chairman]

I thank the right hon. and learned Gentleman for his point of order. I think it would be better if we just glossed over the last minute or so, with the understanding of Opposition Members who were standing to indicate their intention to speak. I will nevertheless turn my gaze back to the Government side of the Committee, as I normally would when the shadow Secretary of State has finished his remarks.

I thank the hon. Member for Hove (Peter Kyle) for his speech. I call the Chair of the Northern Ireland Affairs Committee, Simon Hoare.

[Simon Hoare]

Perhaps that was due to turning 53 yesterday or perhaps it was because I was referred to as “senior” and “esteemed”—it shows that being senior also has some other callings. I am very grateful to the Committee.

Let me make two “Second Reading points”, as I would describe them. Anybody who attended yesterday’s performance of “The Crack in Everything” from the Derry Playhouse, which was organised beautifully by the hon. Member for Foyle (Colum Eastwood), and anybody who saw the final episode of “Derry Girls”—which so reminded us of what we are talking about, notwithstanding the time differential—will know that they serve as two very painful and stirring reminders of the seriousness of these issues, the sadness that they evoke and how we need to deal with them in a very painstaking and clear way.

I am also conscious of the words of Sir Declan Morgan, who recently gave evidence to the Northern Ireland Affairs Committee about the Bill. He made a point worth bearing in mind, which is that these are not easy issues. If this issue were easy, previous Governments would have dealt with it by now, but there is not even an “it” to deal with—there are different issues, different people and different responses.

How people respond is entirely individualistic, but given how long things have taken and how there have been patent, clear and demonstrable failures to guarantee and provide the support and closure that people need, Sir Declan made a valid point: it is this Bill, as amended, or nothing. Without the Bill, there will just be a continuation of the very unsatisfactory status quo; it is not as if there is something better out there. It might have been Stormont House. I prayed it would be Stormont House—Stormont House had the agreement—but that has not come to pass, and I think that too many years have elapsed.

Let me say a few words about the amendments in my name. The Committee will be relieved to hear that I do not propose to press them to a Division this evening. As and when the Bill becomes an Act, part of the challenge will be not in trying to garner and maximise support so much as in trying not to maximise questions, opposition and hostility. Ensuring in statute that there are five commissioners will provide the scope for those commissioners to represent a wide constituency of interests and experiences.

[Fay Jones]

The Chairman of the Northern Ireland Affairs Committee speaks about the membership of the commission. He also referred to the final episode of “Derry Girls”; the two are linked. Does he agree that, where possible, international experience ought to be brought to the commission?

[Simon Hoare]

My hon. Friend is absolutely right. I have an amendment to that effect: amendment 74, which is about bringing in one or two people with international experience, an international perspective, no particular skin in the game and a fresh pair of eyes—an honest broker, if you will. The credibility of their international experience could be drawn from the United Nations, from Rwanda or from other conflicts in places such as South Africa, where different sides have been brought together and a path to peace has been found—sometimes with baby steps, halting or retracting along the way, but slowly and surely making the progress that we wish to see.

[Bob Stewart]

I agree with my good friend the Chairman of the Northern Ireland Affairs Committee that we should have several commissioners, and I agree with their being international. As I understand it, however, the human rights commissioners are all appointed by the Secretary of State and no one seems to object. I do not really see the need for the process to be expanded beyond the Secretary of State, as people seem to accept the appointments that he has already made.

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[Simon Hoare]

My right hon. and gallant Friend makes a perfectly respectable point that is sustainable under scrutiny. I do not seek to challenge him on it.

Let me set out to the Committee the thinking that underpins my amendment 92. We are aware that all the political parties in Northern Ireland are opposed, in whole or in part, to the proposals before the Committee. We also know that a vast swathe of civil society in Northern Ireland is concerned about the Bill. I know that of itself, amendment 92 will not address all those concerns, but the argument that my right hon. Friend the Member for Beckenham (Bob Stewart) and I have heard in the Select Committee—and, indeed, as my hon. Friend the Member for Brecon and Radnorshire (Fay Jones) and other Committee members on both sides of the Chamber have heard—the Secretary of State, by dint of office, is part of Her Majesty’s Government, and state actors representing Her Majesty’s Government, in the armed forces, the security services or the Royal Ulster Constabulary, were part of that “Government machine”. A concern that amendment 92 seeks to address relates to the imprimatur, the democratic imprimatur, of a pre-appointment hearing—I was responding to the point made by my right hon. Friend the Member for Beckenham, but he seems to be about to leave the Chamber.

[Bob Stewart]

Sorry!

[Simon Hoare]

I was going to say that the imprimatur of a pre-appointment hearing by the Northern Ireland Affairs Committee and/or the Justice Committee, along with, possibly, the scope for an affirmative vote of appointment in this place, would provide an element of clear water between the Secretary of State, by dint of his or her office as a representative of the Government, and the commissioners who will be discharging such important duties. If those candidates could secure strong, hopefully unanimous but certainly cross-party and cross-community support, as represented by the parties in this place, that of itself might just provide—although there is no guarantee—a wee crumb of comfort for those who would ask, “Who identified these commissioners, who appointed them, and by what mechanism were they appointed?” In other words, this would not be an appointment arranged behind closed doors; there would be an element of the disinfecting benefits of sunlight, transparency and openness. That is what underpins amendment 92.

Amendments 77 to 82 effectively restrike a balance in suggesting that the authorities from whom information is required for the purposes of an investigation should not be able to deem what is “reasonably” handed over. That is not for them to interpret. They should hand over the whole box file, folder or whatever it might be— it might be a microfiche film—so that the commissioners and those leading the inquiries can see it all. As I have said, I am not pressing the amendments to a vote this evening, but I hope that the Government will consider these proposals as the Bill progresses.

I tabled amendment 83 because I do not think it is for the state to decide who is an “appropriate” member of the family to request a review. The amendment would allow family members to apply for a review, rather than there being a narrowly prescribed list of appropriate family members.

Amendment 84 addresses what I call the cock-up problem. Someone may have completed a form requesting a review, but may not have completed it properly. Those who look at it to see whether it gets over the first hurdle dismiss it, because there has been an administrative error on the part of the person filling it out. That person may not have had access to professional legal advice or guidance. There should be an opportunity for the commissioners to point to errors, not errors of substance but errors relating to boxes not ticked or to the language used, for instance, and to say, “Go away and make these amendments, and the request can then be submitted.” Under the Bill as currently drafted, a person makes a single application which is judged on its merits. According to my reading of the Bill, if the application fails on the basis of a technical aspect, it cannot be resubmitted.

I am not going to spend the time of the Committee rehearsing the approach to rape and sexual offences, which we have been discussing. It is set out very clearly in amendment 115, tabled by the hon. Member for Hove (Peter Kyle), although my amendment 85 is similar.

For those who are diametrically opposed to the Bill or who wonder about its article 2 compatibility, I think the courts should be able to determine that when it becomes an Act and is under progress. However, I say to the Minister that there is scope here, after a little quiet reflection, to introduce those elements of transparency and sunlight in order to deal with this. Another point relates to the proposal that if a commissioner is rendered incapable, falls ill or is taken off the case, the application for immunity could continue to be heard by that panel, but with a new voice. We would not do that in a court. We would not have a judge suddenly change halfway through. They need to hear all the evidence from beginning to end. To change halfway through would be like trying to watch a film from halfway through and to work out whether you liked it or not. The end might have been great but the start might have been hopeless, or the other way round. I do hope that the Government will give consideration to my amendment on this, which proposes that the same people should hear a review case from start to finish. If, for whatever reason, one of the panel could not do that, there would be a bit of an administrative time lag but a new panel would have to hear the case again. That could involve two of the same people, but having the same three people listen to the whole of the case is important on the ground of natural justice.

A perfect Bill? No. A Bill that has good intentions in it? Yes. I am encouraged by the response and tone not only of my right hon. Friend the Minister of State but of the other parties, and I pay particular tribute to the shadow Secretary of State, the hon. Member for Hove (Peter Kyle), who has set out his frustration very clearly. It is one that he and I share on this. There are many issues on which the House will almost take pleasure in being on different sides of the debate in a vote, but I say gently to those on the Front Bench—I know that my right hon. Friend the Minister is more than cognisant of this—that the issue of rape is not one on which we want to see political division. It is just too heinous and horrible. I say that as a husband and a father of daughters. One just does not want to be playing politics with that issue, and I think the Committee is probably with me on this.

I hope that, through the usual channels, we can find a way in which the very best of this House can be reflected on this sensitive issue. This is a democratic debate about making this right for people who vote for us, and I look to the business managers—my hon. Friend the Member for Mid Dorset and North Poole (Michael Tomlinson), my right hon. Friend the Member for Tamworth (Christopher Pincher) and others—to ensure that we have time in this place for a proper Report stage, perhaps through an amendment to the programme motion, to give those on the two Front Benches a window of opportunity to address this important issue.

[Richard Thomson (Gordon) (SNP)]

I am sure that whatever view each of us here today takes of this Bill, from whichever vantage point, we all feel a great weight of responsibility in dealing with these matters. I am mindful of the time, so I will keep my remarks as brief as I possibly can. The Scottish National party has serious concerns about the Bill and the approach that has been taken to it in terms of its principle. I have been clear throughout, leading on this for my group, that where independent prosecutors consider that there is a sufficiency of evidence and the likelihood of a conviction, and where they judge it to be in the public interest to do so, they should still be able to bring forward these prosecutions. I am sorry to say that this Bill and the general principle behind it utterly squash that prospect. I do not intend to reprise my arguments from the Second Reading debate, except to say that we do not believe that the goal of achieving truth and reconciliation is advanced by closing down the prospect of further investigations that can be conducted to a criminal threshold, or indeed by setting aside the norms of the rule of law and the fundamental rights of individuals to seek recourse through that law.

The SNP has not tabled any amendments. We oppose the fundamental principle behind the Bill, and we do not believe it can be amended into acceptability. I am quite up front in saying that we will continue to oppose the Bill. That said, if the Bill is going to pass, which it certainly will, there are aspects on which we will join others in trying to improve.

In that vein, I place on record our very strong support for amendment 115. I heard all the dialogue with the Minister, and I do not doubt his sincerity on this for one moment. If the wheels are whirring behind the scenes on how a possible compromise might be brokered before we conclude our business tonight, all well and good. If not, I strongly urge him to accept the amendment and, if necessary, improve it elsewhere. We do not want to divide on this, but we cannot go another day without having clarity on how sexual offences will be treated under this Bill.

I listened closely to the arguments advanced for the other amendments, and we will approach the remainder of today’s proceedings on that basis.

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[Mr Baron]

rose—

[Simon Hoare]

rose—

[Gavin Robinson]

I will give way in turn to the hon. Members, and then I will conclude.

[Gavin Robinson]

I accept that and I am grateful to the hon. Gentleman.

[Simon Hoare]

I want to add to the hope of my hon. Friend the Member for Basildon and Billericay (Mr Baron), if it is of any help. To the best of my knowledge, conversations are taking place within Government and with the official Opposition to try to resolve this issue before we get to the moment of interruption. Principally that is because of the strong case that has been made by the hon. Member for Belfast East (Gavin Robinson), by colleagues and by the shadow Secretary of State, which I hope a number of us on the Government Benches have helped to augment.

[Gavin Robinson]

I do not want to sow discord or break the prospect of agreement, but I will say this to those who are outside talking about an amendment that we have signed, but who are not talking to us about that amendment: it is not just the first signatory who can ensure it proceeds to a Division. I hope there is an agreement on that amendment, but as signatories to it, should there not be an agreement, we think the Committee should divide on it.

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[Simon Hoare]

On a point of order, Dame Eleanor, the hon. Member for Belfast East (Gavin Robinson) has raised an important question in regard to who can move an amendment. Clearly it does not just have to be the principal signatory. It is my understanding—I am probably wrong, and I would welcome your guidance—that any member of the Committee of the whole House can press an amendment to a Division, even if they are not a signatory to it, so long as the amendment has been selected, which of course it has been. Is my understanding correct?

[The Chairman of Ways and Means (Dame Eleanor Laing)]

The hon. Gentleman makes a perfectly good point of order, and he is correct. We are in Committee of the whole House, and it is indeed the case that if the lead name on an amendment does not move the amendment at the appropriate time, any other Member can do so. I note that amendment 115, which is the one to which the hon. Member for Belfast East (Gavin Robinson) was referring, has five names in addition to the shadow Secretary of State’s, including the hon. Member for Belfast East and some of his colleagues. I have every confidence that if for some reason it was not moved by the shadow Secretary of State on behalf of the official Opposition, plenty of other people could move it.

I am also sure that that matter is being dealt with at this moment—from what I have seen from the debate—in the way that it ought to be dealt with. It is a matter of some satisfaction to see the House working as it should in Committee, which is about not grandstanding or soundbites, but getting the best legislation that we can produce by working together. That is exactly what is happening at this moment.

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[Conor Burns]

I am grateful to the shadow Secretary of State for the way that he has responded to my offer. We and our officials will work collaboratively with him and hon. Members across the House to find the solution that gets us to where we want to be by Monday.

[Simon Hoare]

I am hugely grateful to the Minister. Any of us could do it, but on behalf of everyone who has spoken on the issue, I thank the Minister, the Secretary of State and the shadow Secretary of State for the work they have done on it in the last hour or so. Notwithstanding the contested nature of the Bill and some of the outcomes, I hope that, for people who are concerned about these issues, we have been able to show a glimmer of how well the House can work when it pulls together.

[Conor Burns]

I thank the Chair of the Northern Ireland Affairs Committee. That is exactly what Committee of the whole House is about—drawing on collective experience and wisdom to improve the legislation before us.