Legacy Issues: Northern Ireland

Lord Elliott of Ballinamallard Excerpts

Tuesday 13th December 2016 Westminster Hall

[Kris Hopkins]

I expect the police to always maintain a high standard when they go to arrest somebody, and I am sure that every Member here would as well.

I want to talk about proportionality. As has been pointed out, 90% of victims were as a consequence of terrorist interventions. The proposals that are out there, which the Secretary of State would like to consult people on, are around how we ensure that those accused, from both the state side and the republican side, are brought before the courts and examined in a proportionate way. The proposals are that each case would be examined chronologically. There will be a conclusion within a period of five years, to give people some closure and some idea of timescale.

[Tom Elliott (Fermanagh and South Tyrone) (UUP)]

From what the Minister said, I assume he accepts that there is not proportionality within the legacy investigation branch at the moment, given that for places like Enniskillen—the explosion in the poppy day bombing—there is not one police officer investigating that case.

[Kris Hopkins]

The next line that I was going to read states that the almost exclusive focus on the actions of the state is disproportionate and must be challenged and redressed if we are to deal with the past in a way that is fair and balanced and allows victims and survivors to see better outcomes than the current piecemeal approach. That is why the Government continue to believe that the Stormont House agreement institutions remain the best way forward in dealing with Northern Ireland’s past.

I believe that these proposals will make the situation better for victims and survivors, and will be the only chance we have of prosecuting terrorists who murdered soldiers and police officers along with other innocent victims. I believe that the historical investigations unit, a body proposed under the Stormont House agreement, has a number of important advantages over the current system. I reiterate that it will investigate deaths in a chronological order. The HIU will not focus on the deaths caused by soldiers, as the investigations systems in Northern Ireland do today. Instead, it will take each case in turn and will investigate the many hundreds of murders caused by terrorists, including the murders of soldiers. Honourable Friends, it is estimated that without reform of the current mechanisms, around 185 murders of soldiers, not to mention the many murders of RUC members, will not be investigated. There will be a statutory duty for the HIU to act in a balanced, proportionate, transparent, fair and equitable way. The HIU will be time-limited, as I said, with an objective to bring to an end all investigations into the past in five years.

I have outlined the reasons why the Secretary of State announced his intention to move forward into a public phase on legacy bodies, and why he and I have been engaging extensively with political parties and victims groups to find a way forward in these outstanding cases. I believe that this approach has the potential to build greater confidence in the new bodies and to resolve the remaining issues. It is clear that the status quo is not working well enough for victims and families, and it is time that progress is made. This should create a more proportionate approach in dealing with the past and ensure that the balance of investigations is rightly on the terrorists who caused so much pain and suffering, rather than disproportionately on the brave soldiers and police officers who sacrificed so much to protect us.

Question put and agreed to.