Northern Ireland Troubles (Legacy and Reconciliation) Bill

Stuart Anderson Excerpts

2nd reading
Tuesday 24th May 2022 Commons Chamber

[Peter Kyle]

I am grateful for the intervention. I have some understanding of the Truth and Reconciliation Commission; I was studying for my doctorate in South Africa while it was running and I followed it very closely.

The figures who the hon. Lady mentioned were not just involved in running the commission; they were all also involved in conceiving it. The figures who lead communities in Northern Ireland—some in the House today, some not—were not involved in this Bill or consulted for it. The only process that did that was the Stormont House agreement, which has been jettisoned by the current approach. Sadly, the key learnings from it have not made it into the current Bill.

I understand the point that the hon. Lady is making about moral and political leadership. In South Africa, there was a huge, concerted effort to bring forward support from all communities, but what we are discussing is coming from Westminster into Northern Ireland. The provisions should be birthed in Northern Ireland and come through to Westminster.

[Stuart Anderson (Wolverhampton South West) (Con)]

I do not want to pre-empt the rest of the hon. Gentleman’s speech—it is vital that victims groups should be at the heart of this process. I think he is going to come on to this, but I am just checking: what about the veterans? They play a key part and should surely be at the heart as well.

[Peter Kyle]

I am extremely grateful to the hon. Gentleman, who is indeed pre-empting the remaining parts of my speech, which I will get on to as quickly as I can. He is free to catch my eye at that point, as he raises an incredibly important point.

What we needed from the Government in the run-up to this process was empathy. That requires listening and real care in the face of the most terrible tragedies. Let us take the case of John Molloy. John was walking home in north Belfast in 1996 when he was stabbed to death in a brutal sectarian attack. He was just 18 years old. John’s mother Linda wanted me to put her response to the Bill on the record:

“Why is John’s sectarian murder in Belfast different from a racially motivated murder in London? If this legislation gets through whoever murdered John could simply get away with it. It is just wrong that perpetrators will be able to get on with their lives officially, given amnesty by the state, while we are left to cope with the devastation. We brought our children up to believe in law and order and it is so wrong that the rule of law can be overridden in this way. The hurt never goes away.”

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[Stuart Anderson (Wolverhampton South West) (Con)]

I am honoured to speak in the debate and I understand the sensitivities, the emotion and the hurt that many people in the Chamber feel, given their personal experiences and those of loved ones. I shall try to temper what I say in my speech as a result.

I served for 18 months at the back end of the troubles, so I am one of the youngest of those who served there. My father served in Northern Ireland in the early days of the 1970s with the SAS. I grew up in Hereford watching my dad search under cars. I would ask, “Why are you looking under the car, Dad? What have you dropped?” We grew up with that—I lived two or three roads from the SAS camp. The fathers of many of the kids I went to school with served in Northern Ireland and were family friends. The whole community felt it, and we would regularly have bomb threats near the camp.

On a lighter note, some of my friends realised that if they called in a hoax bomb threat to the school, we would be sent home for the day. After three days of hoax threats, the school said that we would have to go in at the weekend, so the bomb threats stopped—at least, the hoaxes did.

In my community, we grew up understanding all that; it was always there. We would see it on the news when I was at school throughout the early ’80s. When I left school, I joined the Army and the Royal Green Jackets, which as a regiment probably lost among the most soldiers throughout the troubles. If we put it with The Rifles and the Light Infantry, they would without a doubt have lost more than anybody else. Every single loss of life in that experience is a tragedy.

When I joined, all our instructors at the depot were Northern Ireland veterans—they could not have been instructors without having gone through that—and we knew that, within a few years of passing out from the depot, we would be going to serve in Northern Ireland. Everything was geared around that. Twelve months after getting out of the depot, getting shot and recovering, I went on Northern Ireland training. Unlike my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), who did not look to enjoy it, I could not wait to go to Northern Ireland. I was looking forward to it and could not wait to serve my country over there.

I had had extensive training; I knew right from wrong; I knew my rules of engagement. I knew, in no uncertain terms, what I could and could not do. I and all my colleagues were tested to breaking point on the ranges in scenarios over and over again for several months. We took the experience from those who had served many times before. I know that quite a few hon. Members served over there. During the process, we were shown what had happened to some of our colleagues who sadly never returned. We saw, in graphic detail, the loss of life from car bombs and murders. We saw videos. We knew that, if it was to go wrong for us, it would really go wrong. We knew what that was like.

When I was deployed, I remember getting to Belfast—we were in big, armoured trucks—and, as I looked out of a gap, I could see what looked like my home area. I saw streets, not a war zone as I had thought. It looked like a normal area. I am not afraid to admit that I was afraid. I was nervous and did not know what to expect. I was a teenager on an operational tour. Most of my colleagues had not been there before—I think that only the corporals and above had—so we were very wary.

Initially, there was a ceasefire, but the Canary Wharf bomb going off at the beginning of 1996 changed what was happening. I was in Drumcree in the summer of 1996 when we stopped the marching, and the whole Province erupted. Several RUC, who were always outstanding in operating with us, were shot. I think that four were shot in one night. There were multiple attacks, with people getting burned out of houses. We were in riot, and we were being full-on attacked left, right and centre. That went on for a long time. After about three or four days, we realised that we had not slept. We were tired. We were exhausted. We were getting bricked and people were getting shot at and petrol-bombed. That was going on and on, but we knew what we could and could not do.

We must weigh up how, in that scenario, every one of us had a split second to decide whether the person running round the corner with something in his hand was running away from someone trying to attack him or running towards us to attack us. At that very moment, we held life and death in our hands. If we took action, we took a life. If we did not take action, we died or our colleagues died. We were in that scenario.

I believe that, through all of my operational tours, people acted in the most professional manner. There have been mistakes that have happened, and there has been wrongdoing by people in unform. That is a stain on what the British Army represents. Those incidents are few and far between, but mistakes happen in the heat of the moment. Things do go wrong. I am 46 years of age, and I sometimes struggle to remember what I did last week, let alone 25 years ago—

[Sir Iain Duncan Smith]

You’re a young man.

[Stuart Anderson]

I know—my right hon. Friend served the year before I was born—but many people would not remember exactly what happened then. Everyone in my patrol would describe those incidents in a different way. Dragging soldiers through the courts for what has happened is a stain on what we had.

The Good Friday/Belfast agreement was put in place in 1998. I can see why it has taken until now to get to where we are, because there is a lot of talk and there are a lot of reasons—people always have a reason for why something cannot be done—so I take my hat off to the Secretary of State and the Minister of State for getting us here. We have heard that there will not be unanimous support for the Bill. We see that. I look to my colleagues on the Opposition Benches who serve in Northern Ireland. The hon. Member for Belfast East (Gavin Robinson) said that Democratic Unionist party Members do not agree with the Bill and do not support it, but want to make some reasonable changes as it goes through. I understand that this has a different impact on them and their communities. Many of us will be touched by these issues, but DUP Members still live in those communities. It will be decades before there is change. No Bill will change the impact of the lives that were lost or the impact on people who went and served over there. People are never the same afterwards.

I would like to think that I am quite a reasonable person and I tend to measure what I say, but those on the Labour Front Bench have put up one Back-Bench Member to debate the Bill, and I find that an absolute dishonour to this House. I find it an insult.

[James Sunderland]

Does my hon. Friend agree that the Labour party is the party of the armed forces?

[Stuart Anderson]

No, I certainly do not. As I said, I am trying to temper my remarks, but Labour is going to vote against the Bill for political reasons. [Interruption.] The hon. Member for Hove (Peter Kyle) turns around to look. There is not one Labour Member there. [Interruption.] There have been a couple, I will give him that, but they could at least put forward an argument for why they are not supporting the Bill, and not just from the Front Bench. Labour Members will be voting against the Bill without having put forward a reasonable argument and that is completely unacceptable. Words have happened too much in this House; we need to see action now.

[Sir Mike Penning]

I think my hon. Friend is making the point on his own, but I extend the hand of friendship and emphasise that this is Second Reading. It is plainly obvious that amendments will be tabled in Committee and on Report—we have heard that from across the House—and surely on Second Reading the Opposition could support the Bill and then change it in debate in Committee. It will fundamentally change. There has been no debate from Labour Back Benchers really. This is Second Reading, and we should extend the hand of friendship across the House and agree that we can make amendments later on, but to vote against the Bill now is a slight not only against the victims, but against the veterans who served.

[Stuart Anderson]

As I wind up, I want to make clear that this is not a personal attack on the hon. Member for Hove. He is here, but nobody else from his party is here and that is not acceptable. They could at least have come and put forward a reasoned argument for why they are not supporting the Bill. I will leave that there. I will be supporting the Bill because it is the right thing to do moving forward.

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[James Sunderland (Bracknell) (Con)]

Thank you for calling me for the graveyard shift, Mr Deputy Speaker.

There has been plenty of passion and emotion in this important debate, but I want to give my view, as a relatively new Member and, I hope, a pragmatist. Today is about the past, the present and the future, and it is about people, many of whom were terribly caught up in the troubles. It is already clear that the Bill will not be a panacea—far from it—but it does have defined outcomes that I believe to be broadly positive, for reasons that I shall explain. No one will pretend that this is at all easy, or that it is a formality.

Let me begin by commending the Secretary of State and his staff in the Northern Ireland Office for acting in good faith throughout. This process is very difficult legally, and very sensitive politically. It has required strategic patience and huge personal and professional resilience under pressure. Ultimately the Bill is a no-win statute, because it will not bring people back, and it will not bring solace to victims and their families, in that those whom we should be holding to account may now never be brought to justice. However, I believe that it will ultimately provide some solace and some closure, although not a lot. Despite all its imperfections, I believe that it will do what it says on the tin, as the least worst option.

This legislation has done the rounds. It has been through the Irish Government, veterans groups and victims groups, and it is probably the missing chapter of the Good Friday agreement of 24 years ago. It therefore comes as no surprise to anyone. It has, I believe, received due diligence. It has taken longer than expected, and yes, the Northern Ireland Office has received criticism—not least from Conservative Members—for the strategic pause that has been necessary, but it was a manifesto promise, it was in the Queen’s Speech, and it is finally being delivered. It is now deliverable as well, but it is also a heavy responsibility for the Government.

What I want to say about the Bill relates first to veterans, veterans groups and those who may still be serving. Do I think that the Bill is the right way to protect veterans from vexatious complaints? The simple answer is yes. Why? Because it breaks the cycle. It ends the misery, and it ends the knocks on the door at 3 o’clock in the morning. We owe it to these people, who served in good faith in Northern Ireland. I commend the good work of my hon. Friend the Member for Plymouth, Moor View (Johnny Mercer) and my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith), and the work of so many veterans groups. This has gone on for too long, and it needs to be killed now.

Of course, it is not possible to deliver legacy protection for veterans in isolation. It has to be able to withstand legal challenge. It has to be article 2 compliant. It has to get through Strasbourg and comply with the Human Rights Act. The principle of legal equivalence underpins that statute because it has to, and therefore the premise of conditional amnesty is rightly pivotal. It was right to move away from the original premise of what might be termed “new and compelling evidence”. Who decides that, and how does one draw the line in law? It is impossible: the bottom line is that one cannot. I therefore understand the logic of why a blanket statute of limitations has been introduced, and I think that is now the right thing to do.

What does the Bill actually do? We know that it establishes the independent commission for reconciliation and information recovery. In theory, it creates an environment of openness, which may give answers and some closure, but I appreciate the flaws in the argument. It will grant immunity from prosecution to those who engage with the commission. The important point is that legal equivalence does not mean moral equivalence, so it is absolutely right that conditional amnesty is dependent on engagement. The Bill will end troubles-based criminal investigations and protracted legal proceedings, which is the right thing to do, and it should mean the commissioning of a record of every troubles-related death from the ICRIR. The list goes on.

However, in the interests of balance, I should point out that the PSNI currently has a caseload of at least 900 unsolved cases. Op Kenova, which was mentioned earlier, has unfinished business for many, and victims and families will not get the resolution they seek. I am also acutely conscious of the concerns of those who believe that protagonists just will not engage. In my view, we have to give this a chance. It is important that we do that.

The Bill is divisive, as we have heard today, and we have to go forward as carefully as we can, mindful of the particular sensitivity of victims’ families. That is a given. But the time is now 24 years on from the Good Friday agreement, and we have no choice. We have to deliver on the promise that was made, not least to our veterans. Personally, I am bewildered and disappointed by Labour’s decision not to be in the Chamber today and to vote against the Bill. In addition to doing the right thing for our security services and our veterans, the Bill is ultimately about national politics, not party politics, and I hope that my colleagues on the Opposition Benches will do the right thing this afternoon.

[Stuart Anderson]

I certainly laboured that point, but it is a point that really needs labouring. Does my hon. Friend agree that Labour is not the party of veterans, and that its action tonight will be seen across the veteran community?

[James Sunderland]

My personal view is that we have to show the requisite support to our veterans, our armed forces and our security services. Today is ultimately about two things. It is about drawing a line under vexatious complaints and about hoping that Northern Ireland can emerge into a peaceful and prosperous future. I very much hope that that happens.

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[Tonia Antoniazzi (Gower) (Lab)]

It is an honour to be able to close this debate on behalf of the Opposition. I want to make clear that we are not opposing the Bill for opposition’s sake. This is a flawed and damaging piece of legislation that does not serve victims and survivors. It does not heal the wounds of communities. It does not allow Northern Ireland to move on.

We know and understand how challenging this is for so many. To hear the emotion in the voice of the hon. Member for Strangford (Jim Shannon) really hits home. It is important that his voice as a victim and the voices of all victims are heard. As my hon. Friend the Member for Rochdale (Tony Lloyd) said, the Bill does not deliver justice for victims or veterans—many veterans are also victims. The Bill as it is, as we have heard throughout the debate, demonstrates a woeful lack of understanding of the situation faced by families and communities affected by the troubles, and an off-handedness towards groups in Northern Ireland, including the Northern Ireland Human Rights Commission, which has not even been consulted on the proposals.

Victims and survivors often do not speak with one voice on these issues, but in this situation the Government have miscalculated. All the victims and survivor groups we have heard from are singing from the same songsheet: the Government have misjudged the mood. Indeed, as the hon. Member for Foyle (Colum Eastwood) said, he cannot find anyone, apart from those on the Conservative Benches, who wants the Bill to pass. The hon. Member for Belfast East (Gavin Robinson) spoke about those elected in Northern Ireland. They do not represent one single view on legacy. So when the hon. Member for Wolverhampton South West (Stuart Anderson) attacked the Labour party for not standing up for veterans, it was hurtful and, frankly, deplorable.

[Stuart Anderson]

The point I made is that, throughout the whole debate in the many hours we have been here, only one Labour Member spoke from the Back Benches. I think that is offensive. It will resonate throughout the veteran community that Labour has not put its views across in this debate and has not argued the point for veterans

[Tonia Antoniazzi]

The hon. Member needs to reflect on the fact that this is not about us today; it is about the people in Northern Ireland, and this is the start of a legislative process where we will all be represented. [Interruption.] It is not appropriate, and very hurtful, for hon. Members to continue to make sedentary remarks and chunter on. I would rather be able to make progress.

The right hon. Member for Skipton and Ripon (Julian Smith), who spoke from the Government Benches, displayed the integrity and understanding of the people of Northern Ireland, which is precisely why the Government need to reframe the Bill. The Government say that they have learned lessons from South Africa, but there are significant differences between the two processes that will, in our opinion, not solve problems, but cause them in future.

First, on the independence of the entire process, the Bill gives the Secretary of State sweeping powers, including to appoint people to the commission and over the process of the commission. Let us consider the following paragraph from clause 20, which is titled “Determining a request for immunity”. Subsection (8) states:

“The immunity requests panel must take account of any guidance given by the Secretary of State—

(a) when deciding in accordance with section 18(7) whether P should be granted—

(i) specific immunity from prosecution,

(ii) general immunity from prosecution, or

(iii) specific and general immunity from prosecution;”

The word “must” is doing a lot of heavy lifting in that sentence. It is saying that the Secretary of State can make a judgment on whether a person can be granted immunity in specific cases or even in general. That comes on top of the guidance that the Secretary of State can give about whether conduct is “possible criminal conduct”. Those are not judgments that any Secretary of State should be making. The Government are leaving themselves wide open to legal challenges.

The Government will probably also be subject to legal challenges on the second difference between this model and the South African model—namely, the lack of conditionality on the amnesty. Whereas in South Africa the process was public and transparent, the system that the Government are trying to bring in is, as one commentator put it, “impunity repackaged”. Conditions on an amnesty are so low that they may as well not even exist.

The last difference between the South African system and what the Government are proposing is the running of the inquest system. Clause 33, which is called “No criminal investigations except through ICRIR reviews”, states:

“On and after the day on which this section comes into force, no criminal investigation of any Troubles-related offence may be continued or begun.”

As my hon. Friend the Member for Rochdale and the hon. Member for North Dorset (Simon Hoare) pointed out, any future investigations will not be allowed to take place. That is a significant difference and, frankly, it is not a solution that builds trust or delivers for victims or survivors.

We have also heard from the Government and Government Members about the process being the punishment, but they failed to mention that the Bill removes any reference to investigation of crimes and that that has now been replaced with the word “review”. For victims and survivors, that is not good enough. We cannot keep retraumatising victims and survivors of the troubles.

In Belfast less than two weeks ago, I heard at first hand from numerous organisations, when discussing legacy, how frustrated they were that they had better working relationships with the former Secretary of State and architect of the New Decade, New Approach agreement, the right hon. Member for Skipton and Ripon, and the Chair of the Northern Ireland Affairs Committee, the hon. Member for North Dorset, than they do with the incumbent Secretary of State for Northern Ireland. That is not good enough. The manner in which the Government have behaved at every stage of the process in bringing the Bill before the House has been the antithesis of the values that underpin our system of governance.

The Bill will give the Secretary of State enormous powers, but there has been no prelegislative work and no scrutiny by the Northern Ireland Affairs Committee. The hon. Member for North Dorset has eloquently made the point that the Bill addresses such a contentious and emotive subject that it deserves more time for debate and consideration. The Opposition would support an extension of time to discuss the Bill.

We would also welcome a full consultation with the people of Northern Ireland. A consultation on the Northern Ireland (Stormont Agreement and Implementation Plan) Bill received 17,000 responses, with a clear message that there should be no amnesty for troubles-related abuses. Why are those voices now being ignored? Despite the clear support of the people of Northern Ireland for the Stormont House agreement, the UK Government released a written ministerial statement in March 2020 that signified a unilateral move away from it. That ran contrary to the Government’s commitments in the agreement and the expressed will of the Northern Irish people.

The Secretary of State says that he has consulted. Will he tell the House exactly whom he has consulted and what they have told him? There is such a lack of support for the Bill from organisations such as Amnesty International, which he refuses to meet, and from the Government of the Republic of Ireland and the Northern Ireland Human Rights Commission, so we need to know. Demands for meetings with, in some cases, less than 24 hours’ notice is not the way to show organisations respect.

The Secretary of State and the Minister of State will know from seeing the visitors in the Gallery that victims of the troubles have made the journey to London today because they are so upset and angry that their voices have not been heard. Is it not one of the Secretary of State’s principal roles to listen to victims and their families, sit down and take note, consult fully, undertake due diligence and, above all, pay them the respect that they deserve?

No matter how the Bill is dressed up, it equates to a blanket amnesty. It undermines fundamental human rights enshrined in the Belfast/Good Friday agreement and undermines the institutions established to uphold that monumental and historic agreement, which underpins peace in Northern Ireland. The Bill is solely a product of the UK Government. It does not arise from an agreement with the political parties of Northern Ireland or with the Government of Ireland; it does not have the democratic legitimacy that previous legislative change has had. Even though it purports to be about reconciliation in Northern Ireland, it does not have the support of the people of Northern Ireland.

The Labour party is an honest broker. Having listened to the victims’ groups, the organisations and the political parties that want justice and truth, we cannot support the Bill today. It delivers for no one and does not address the issues in Northern Ireland that need to be resolved.