Northern Ireland Protocol

Tom Tugendhat Excerpts

Wednesday 10th March 2021 Commons Chamber

[Brandon Lewis]

As the right hon. Gentleman will be aware, the article 16 implementation was effectively made by the EU just a few weeks ago, not by the UK Government; that is what has started and led to some of the issues and tensions we have seen in the communities of Northern Ireland. I am pleased that the EU has apologised for that, but we need to recognise that it has had a lasting impact. The measures that I announced last Wednesday are lawful and consistent with the progressive and good-faith implementation of the protocol. They are temporary operational easements, introduced where additional delivery time is needed. They do not change our legal obligations as set out in the protocol—under any of its articles—and we continue to discuss our protocol implementation with the Joint Committee.

These measures are of a kind that is well precedented in the context of trade practice internationally, and they are consistent with our intention to discharge the obligations under the protocol in good faith. As I have said before, the measures are in line with the kind of flexibilities that the Irish Government put in place, and neither the right hon. Gentleman nor any other Opposition Member has yet criticised or challenged the Irish Government for what they did. We think those are sensible measures; there are flexibilities that the Irish Government thought they needed in the same way that we do with these measures.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

I am sure that my right hon. Friend welcomes the interest that is being shown by friends and partners around the world in Northern Ireland as an essential part of the United Kingdom—friends who are so interested in our status and in the work that we are trying to do to make one area of our country prosper. I am sure that he welcomes the interest that President Biden has shown, as well as many in the Irish caucus of the United States. Today, Mr Coveney and Mr Šefčovič are meeting the Irish caucus in Washington. Will my right hon. Friend tell me who is there from Her Majesty’s Government, representing the people of Northern Ireland? Is perhaps the Under-Secretary of State for Foreign, Commonwealth and Development Affairs, my hon. Friend the Member for Aldridge-Brownhills (Wendy Morton), or one of the Northern Ireland Office Ministers going to be in that room, ensuring that the Irish voice that is represented by this House is also present?

[Brandon Lewis]

My hon. Friend, as always, makes an important point. I welcome our friends and partners around the world taking an interest in any part of the UK. Our friends in the US have always had a very clear interest in issues and matters around Northern Ireland, and have been huge supporters of the Good Friday/Belfast agreement for many years. In this role, I have had continuous engagement with colleagues in the Irish caucus who are meeting Vice-President Šefčovič and Simon Coveney today. I look forward to talking to them again in due course myself. I do not think that we are involved as a Government in that meeting today, but I hope that Vice-President Šefčovič will continue that kind of engagement, particularly with the people of Northern Ireland—in both the business community and civic society—building on the meeting that we had a few weeks ago, as he said he would, to really understand some of the issues affecting people and businesses in Northern Ireland, and therefore work with us in a positive way to remedy any issues. I welcome any interest from people around the world and their support for all strands of the Good Friday agreement.

Oral Answers to Questions

Tom Tugendhat Excerpts

Wednesday 2nd December 2020 Commons Chamber

[The Prime Minister]

The hon. Gentleman says it is shameful. We on the Government side of the House do not think retail is shameful. We want businesses to open up again, and that is the nature of the package that was voted for last night, which I think was quite right. It is a great, great shame that the right hon. and learned Member for Holborn and St Pancras (Keir Starmer) could not bring himself to support it.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

At this time of enormous pressure on our healthcare, I welcome the Government’s and the NHS’s continued commitment to the new combined medical facility in Edenbridge. Will the Prime Minister confirm to me that the sale of the existing Edenbridge and District War Memorial Hospital, which was built by public donation about a century ago, will now help to fund the new building? He is investing £20 million in the medicines and diagnostic manufacturing transformation fund to benefit Wales, Scotland, England and Northern Ireland, so will he join me in welcoming the skill of all those in the NHS and, indeed, the Health Secretary in making historical donations work for our communities today?

[The Prime Minister]

Yes, I can, and I congratulate my hon. Friend on his campaign. Any decision to allow for the sale of the hospital is, of course, a matter for the local clinical commissioning group, but I know that he fully supports the £12 million that we put in for the development of a new health and wellbeing centre for Edenbridge.

United Kingdom Internal Market Bill

Tom Tugendhat Excerpts

Monday 21st September 2020 Commons Chamber

[Jim Shannon]

It is a pleasure to speak on this issue. This is an intricate matter that is not helped by those with little or poor understanding of the Belfast agreement, or indeed of the truth of the troubles and our painful journey, using it as a political soundbite. Seeing Nancy Pelosi, the Speaker of the US House of Representatives, being led by a reporter to outline the consequences of this Bill for US-UK trade relations would have been laughable had it not highlighted the severe misunderstanding that many people are under.

This Bill is not designed to tear up the Belfast agreement; in fact, it is there to recognise that until the will of the people is to be Irish, we are to be considered British, and we are to remain so until a border poll is carried out. That border poll has not been carried out yet. The Belfast agreement underlines the notion of consent; for us to have an absolutely separate rule for state aid and other trade and transport damages the very principle of consent in the Belfast agreement. That is the reason that the Democratic Unionist party have tabled amendments on state aid—yet, for some, the message is not getting through just yet. Clauses 45 to 50 are very clear in their purpose.

The Ulster Farmers Union has also been very clear in relation to the levels of state aid in clause 43. The Republic of Ireland has a responsibility to its constituents to secure the best deals and the best advantages, but let us be clear: it is not our friend. It is at best a friendly rival, and at worst simply a rival with a voice to implement and effect change in Europe, against our voiceless efforts post Brexit. History has shown that when it comes to doing the right thing by refusing to allow criminals to take harbour over the border, it has no desire to help us as a nation. When I have listened to debates in the Dáil, I have never once come to the conclusion that it has our best interests at heart.

That is why my colleagues and I tabled our amendments to ensure that the fears of the Ulster Farmers Union and others are not realised. How, for example, do we allow fair trade for any of our dairy products when the mainland has state aid in place in the form of grants for dairy farmers? The answer is that we simply cannot. That is why we need to change state aid through these clauses tonight. Trade is at the core of our amendments.

Clause 41, which supports the delivery of the UK Government’s commitment to unfettered access for Northern Ireland goods moving from Northern Ireland to Great Britain, does so by precluding new checks, controls or administrative processes on qualifying goods as they move from Northern Ireland to GB. It similarly precludes the use of existing checks, controls or processes being used for the first time, or for a new purpose or to a new extent. That does not show the destruction of the Belfast agreement, but it is necessary for the stability of food supply and state aid. Without it, we will certainly see the destruction of our country.

As the EU sees it, the UK has committed to comply with applicable notification and standstill obligations. That means that the ceiling put on state aid by the EU still applies in Northern Ireland in relation to trade. We will be constrained under the Northern Ireland protocol to a certain level of support for agriculture, only a certain proportion of which can be spent, for instance, on coupled payments. With that in mind, I believe that Northern Ireland could be constrained by these very rules. That is why tonight we wish to support our amendments and the clauses that the Government have put forward. We urge Members to do the same.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

I am delighted to follow my hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) and my right hon. and learned Friend the Member for Kenilworth and Southam (Jeremy Wright), who I very much agreed with.

Today we are talking about the answer that Margaret Thatcher gave to Dean Acheson’s famous question, “What is Britain’s role in the world?” She was right: our national mission is upholding the rule of law. That lesson served her and our nation exceptionally well. It gave moral legitimacy to the courageous defence of British nationals in the Falkland Islands and strength to the treaty that she signed two years later with China to protect British nationals in Hong Kong. Trust in the treaties allowed Margaret Thatcher to start down the road of peace in our own nation and conclude the Anglo-Irish agreement with the then Taoiseach, Garret FitzGerald.

Oral Answers to Questions

Tom Tugendhat Excerpts

Wednesday 15th November 2017 Commons Chamber

The Prime Minister was asked—

[Tom Tugendhat (Tonbridge and Malling) (Con)]

Q1. If she will list her official engagements for Wednesday 15 November.

[The Prime Minister (Mrs Theresa May)]

I am sure that Members across the whole House will wish to join me in congratulating Her Majesty the Queen and Prince Philip on their upcoming platinum wedding anniversary this coming Monday. They have devoted their lives to the service of our country and I know that the whole House will wish to offer them our very best wishes on this special occasion.

This morning, I had meetings with ministerial colleagues and others. In addition to my duties in this House, I shall have further such meetings later today.

[Tom Tugendhat]

My right hon. Friend’s stewardship of the economy and her predecessor’s excellent work in making sure that this economy grows have seen confidence in our country grow despite the troubles and tribulations that have been set before us. Our deficit has now come down, and our debts are oversubscribed. Will she take this opportunity to invest in our economy even more than she is already, and perhaps take the chance to build more homes?

[The Prime Minister]

My hon. Friend makes a very important point about investing in infrastructure, particularly in housing. We are doing exactly that, which is why we have seen more than a quarter of a trillion pounds in infrastructure spending since 2010. We are putting in another £22 billion from central Government for economic infrastructure. We are seeing billions of pounds going on rail projects and the biggest road-building programme for a generation. That is this Government building a country fit for the future.

Northern Ireland (Ministerial Appointments and Regional Rates) Bill

Tom Tugendhat Excerpts

2nd reading: House of Commons
Monday 24th April 2017 Commons Chamber

[Mr Anderson]

As somebody who has been a passionate supporter of devolution for many years, I do not accept that criticism.

We have a situation that is at breaking point, and we need to find a way forward. Before I came to this House, I spent all my life in negotiating situations and conflict resolution as a trade union representative. It should be possible to resolve the situation, but that will not happen as long as people are saying that they are not prepared to move on this, that or the other. I am talking about people on both sides, as I shall set out later in my speech. Unless people are prepared to move, the reality is that this House will probably have to take back direct control in Northern Ireland, which would be in nobody’s interests. It would not be in the interests of devolution or of people governing themselves.

I want to move on to the legacy situation. Clearly one of the biggest issues facing all of us—this has been the case for many years—is how we deal with Northern Ireland’s tragic past. The truth is that we have all collectively failed the victims of the troubles, and their ongoing suffering is only compounded by our lack of action. Regardless of the background, or whether they served in uniform, we are depriving them and their families of the truth and the closure that many of them want. The truth, regardless of how hard it is, must be heard.

During my many visits to Northern Ireland, I have heard details of many cases from families who lost loved ones, but one in particular has stayed with me: the case of Samuel Devenney. When I met his family last year, I was informed by them of the details surrounding his death in 1969. I would like the House to bear in mind that date—it is almost 50 years ago. That family have never had access to all the relevant files, which are now held by the Metropolitan police. They were due to be released into the national archives but, yet again, they have been reclassified and are being retained by the police service until at least 2022. That cannot be anything other than a travesty.

I ask Members to think about 1969—it was a very different world. I was a 15-year-old boy starting work as a coalminer. England had won the world cup a few years earlier. We had not joined the Common Market—[Interruption.] I thought that would get a cheer. We were two years away from decimalisation—perhaps that will be the subject of the next campaign. The Beatles were still friends, Brian Jones was still in the Rolling Stones, and Jimi Hendrix, Janis Joplin and Jim Morrison were still alive and making great music—[Interruption.] Yes, Labour was indeed in office, and doing great things.

At that time, however, on 19 April 1969, Mr Devenney died at the hands of Royal Ulster Constabulary officers, who were never prosecuted due to a lack of evidence. Mr Devenney was seen as one of the first victims of the troubles and still today his family are pleading for justice. This is just one of the many cases in Northern Ireland. The lack of progress made by countless Governments—Labour and Conservative—shows a dereliction of duty from us here in Westminster. I am not making a special case for Mr Devenney, other than to point out how long his family have gone without closure. That is completely and utterly unacceptable.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

The hon. Gentleman is making a powerful speech about, it seems, every sin that has ever been committed by every person in Northern Ireland. As this Parliament comes to a close and there is a clear financial imperative for the Northern Ireland Government to be able to continue throughout our election period, when the Secretary of State and the UK Government will be somewhat constrained, and certainly during the Northern Ireland Assembly’s Dissolution, does the hon. Gentleman accept that it would be more helpful if he made a positive contribution about how he can assist the Secretary of State, who has made a statesmanlike speech about bringing people together, rather than a divisive one, which is more in keeping with the leadership of the hon. Gentleman’s party than his own spirit?

[Mr Anderson]

Perhaps my accent means that the hon. Gentleman is not getting what I am saying. I am talking about the realities on the ground. It is right and proper that this House hears what the obstacles are. The Secretary of State and I have talked about them ad infinitum over the past few months. We have tried to play our part in resolving them and to say to the people over there that although there are issues, they are not huge. This is not about people being let out of jail, as they were 20 years ago, on-the-runs or people being pardoned. They are relatively small issues, but they are genuine. If we cannot resolve the issues of equality and legacy, what are we here for?

The hon. Gentleman referred to the Northern Ireland Government, but I remind him that the Assembly is not even sitting. I am very clear that we will, without doubt, offer support. I have also had discussions with the head of the civil service and I am determined that it will be allowed to have the powers that it will need to carry on supporting public services in Northern Ireland. I am a huge supporter of that, which is one of the reasons why I am involved in this work.

Armed Forces: Historical Cases

Tom Tugendhat Excerpts

Thursday 23rd February 2017 Commons Chamber

[Sir Jeffrey M. Donaldson (Lagan Valley) (DUP)]

I beg to move,

That this House acknowledges the service and sacrifice of the armed forces and police during Operation Banner in Northern Ireland as well as in other theatres of conflict in Iraq, Kosovo and Afghanistan; welcomes the recent decision to close down the Iraq Historical Allegations Team; and calls on the Government to take steps to ensure that current and future processes for investigating and prosecuting legacy cases, whether in Northern Ireland or elsewhere, are balanced and fair.

On behalf of my right hon. and hon. Friends, I am delighted to move this motion in the name of the Democratic Unionist party. Let me say at the outset that our party holds veterans of our armed forces and those who have served in the police, not only in Northern Ireland but across the United Kingdom, in the highest esteem. We have always sought to use our parliamentary time to raise issues that are of concern to those people; I am glad to do so again today. I welcome the opportunity for this debate, and I thank all Members present, including the Ministers from the Northern Ireland Office and the Ministry of Defence.

Although policing and justice issues are now devolved to the Northern Ireland Executive, the legacy of our troubled past remains a matter for this Parliament and the UK Government to deal with. Our motion refers to other theatres of conflict, including Iraq, Kosovo and Afghanistan, and I pay tribute to all those who served in each of those operations, especially to those who died in the service of our country. I know that other right hon. and hon. Members will wish to refer to those people. I hope the House will forgive me if I concentrate mainly, and with good reason, on the situation in Northern Ireland.

I remind hon. Members that Operation Banner was the longest-running military operation in the history of the Army. During the period known as the troubles in Northern Ireland, there were more than 3,500 deaths, of which more than 2,000—some 60%—were murders carried out by republican paramilitary terrorists, mainly from the Provisional IRA, while more than 1,000—some 30%—were carried out by loyalist paramilitaries. British and Irish state forces were responsible for 10% of the deaths, almost all of which occurred as a result of entirely lawful actions, when soldiers and police officers acted to safeguard life and property and uphold the rule of law. In fact, a member of the security forces in Northern Ireland was three times more likely to be killed than a member of the IRA. If we contrast that with Iraq, for example, where terrorist insurgents were three times more likely to be killed than members of the armed forces, it sets the Northern Ireland situation in context.

Let me restate for the record that paramilitary terrorists were responsible for some 90% of the deaths in Northern Ireland—on both sides of the border, that is—whereas 10% of the deaths are attributable to state forces. Those deaths include more than 3,000 unsolved murders arising from our troubled past. What a terrible legacy that is—one of pain, loss and a deep sense of injustice on the part of the victims and their families.

Let me be clear that there can be no moral or legal equivalence between our police or armed forces and those who were members of illegal, criminal terrorist organisations. Let us contrast how the two have been treated. It is a well accepted principle that in a democracy no one should be above the law, yet—as will become clear from my remarks—there appears to be one rule for those who serve our country and another for those whose objective is to destroy it. Unfortunately, the legacy issues were not adequately addressed, never mind resolved, in the deeply flawed Belfast agreement of Good Friday 1998. Instead, in that agreement the Government of the day agreed to release early from prison those prisoners sentenced for offences linked to the troubles in Northern Ireland and who were members of a terrorist organisation on ceasefire and supporting the peace process.

In effect, the terrorists, who were found guilty of crimes including murder, were released from prison after serving only two years in jail. They included, for example, the notorious Shankill bomber, Sean Kelly, from the constituency of my right hon. Friend the Member for Belfast North (Mr Dodds). Kelly was sentenced to nine life terms in prison for the murder of nine innocent civilians on the Shankill Road. He served just seven years in jail—less than one year for each life he destroyed.

In addition, in September 2000, beyond the terms of the agreement, the then Secretary of State, now Lord Mandelson, announced that the Government would no longer seek the extradition of those Provisional IRA prisoners who had escaped from prison, including several who had escaped from the Maze prison in my constituency in 1983. They included convicted terrorists such as Dermot Finucane, brother of the late Pat Finucane and former head of the Provisional IRA southern command, and Kevin Barry Artt, who had been convicted of the murder of the deputy governor of Maze prison, Albert Miles, who was shot in front of his wife. What an appalling atrocity! They also included Liam Averill, convicted of the sectarian murder of two Protestants, who escaped from the Maze prison dressed as a woman in 1997. Their extradition was not sought by the Government of the day. In addition, perhaps up to 30 Provisional IRA terrorists have been granted the royal prerogative of mercy and allowed to go free.

In 2001, the then Labour Government sought to extend the concession further so that an amnesty would be introduced for all members of terrorist organisations on ceasefire. In a letter dated 4 May 2001, the then Secretary of State, Dr John Reid, wrote to the Prime Minister, Tony Blair:

“In the Hillsborough statement of 8 March we accepted publicly for the first time that it would be a natural development of the Early Release Scheme to discontinue the prosecution of pre-Good Friday Agreement offences allegedly committed by supporters of organisations now on ceasefire.”

In the same letter, Dr Reid made it clear that the legislation to provide for that amnesty

“should exclude members of the security forces from the amnesty arrangements, though we should not underestimate the difficulty of holding this line in Parliament in the face of an inevitable press campaign.”

You bet, Dr Reid! We opposed it vigorously and stopped it in its tracks. I am confident that this Government would never consider such a concession to those who have committed murder on the streets of Northern Ireland and Great Britain.

Note that an amnesty was offered—an amnesty was put on the table for terrorist organisations while members of our security forces were to be excluded, just as they were excluded and ignored in the agreement of 1998. Dr Reid was certainly right about the opposition that he would face to such a reprehensible scheme.

But things did not stop there. A secret deal was then done between the Northern Ireland Office and Sinn Féin, to the benefit of Provisional IRA terrorists who were still on the run—fugitives from justice. They were wanted for questioning about serious terrorism-related offences, including murder. Letters of comfort were issued by the Northern Ireland Office to each of those terrorists, sometimes delivered by the postman Gerry Kelly from North Belfast, informing them that there were no warrants in existence and that they were not wanted in Northern Ireland for arrest, questioning or charge by the police. The issuing of those letters by the Northern Ireland Office resulted in the disgraceful situation of an alleged IRA member, John Downey, being able to escape conviction in the courts in London for the murder of four soldiers in the Hyde Park bombings of 1982. I could go on, but it is important that we focus now on the sacrifice of the security forces—of those who served our country.

According to the Sutton Index of deaths during the troubles in Northern Ireland, 520 members of the regular Army, Royal Navy, Royal Air Force and reserves, and veterans, were murdered by terrorists during Operation Banner. In addition, 243 members of the Ulster Defence Regiment and Royal Irish Regiment, and veterans, were murdered by terrorists. Some 325 members of the Royal Ulster Constabulary and other constabularies, and retired police officers, were murdered by terrorists. Twenty-six prison officers and former prison officers were murdered by terrorists. That amounts to 1,100 men and women in the service of the Crown who were murdered by terrorists, and countless others seriously injured and left to bear the mental and physical scars of this reign of terror.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

I am grateful to the right hon. Gentleman for giving way; he is speaking powerfully about the victims of terror. One of the victims who is not counted is my uncle, who now sits in the other place. He was attacked brutally by IRA men while representing our country in Brussels. I understand why the right hon. Gentleman mentions the statistics, but they hide so many scars. Victims are hidden because they are not listed, yet they bear those scars today, even if they were unharmed physically.

[Sir Jeffrey M. Donaldson]

The hon. Gentleman is absolutely right. As I said, countless others were seriously injured and left to bear the mental and physical scars of this reign of terror.

It is evident that little effort has been made to bring to justice those responsible for the heinous crimes committed by the terrorist organisations responsible for 90% of the deaths during the Northern Ireland troubles. Yet enormous resources—hundreds of millions of pounds of taxpayers’ money and countless hours of valuable police time—have been devoted to hounding the security forces: to vigorously pursuing investigations against veterans of the armed forces and retired police officers.

The Chief Constable did establish the Historical Enquiries Team that sought to re-examine the unsolved murders in Northern Ireland, but it could review only the previous police investigations and lacked full police powers to renew the investigation of these killings. It was eventually wound up, and the Police Service of Northern Ireland established a new Legacy Investigation Branch as a temporary measure until wider agreement could be secured on the legacy issues.

Today, the PSNI Legacy Investigation Branch devotes a wholly disproportionate level of its resources to the investigation of killings linked to the security forces and hopelessly inadequate resources to the thousands of unsolved terrorist murders. Recently, two retired veterans of the Parachute Regiment, aged 67 and 65, were charged with murder in connection with the shooting of IRA commander Joe McCann in Belfast in 1972. That follows the decision to prosecute a 75-year-old veteran of the Life Guards who has been charged with the attempted murder of a man in County Tyrone in 1974.

While the families of thousands of innocent victims, including the police officers, soldiers and prison officers involved in more than a thousand murder cases, wait in vain for some action to be taken to investigate those crimes, the police are devoting resources to investigating the small number of killings linked to the state.

--- Later in debate ---

[Sir Jeffrey M. Donaldson]

I thank the hon. Gentleman for his support for the institutions proposed under the Stormont House agreement. At present, in fairness to the victims and families who have waited a long time, the proposal is that the historical investigations unit would pick up where the historical inquiries team left off in chronological order. It would be wrong to go back to the beginning and start again, leaving the people who have already waited many years having to wait even longer. Nevertheless, if there is new evidence or there are new evidence-gathering techniques with the potential to lead to a prosecution in the cases already reviewed by the HET, of course we believe that the HIU should examine them. We have no objection in principle to that happening. We believe that all innocent victims in Northern Ireland should have access to justice and be treated equitably and fairly.

It is important that the Government now proceed with the Stormont House agreement and get on with publishing the draft legislation to give innocent victims and others the opportunity to comment on the proposals, so that at last we can begin the process of implementing what has been agreed and the focus will no longer be solely on what the state did. That will shift the focus and address the issues already raised in the House about the attempt to rewrite history, because the IRA and the other terrorist organisations will be put under the spotlight. What they did will be examined and brought to the fore.

It is wrong that our retired veterans of the military and the police have to spend their latter days looking over their shoulders, still waiting for the knock at the door, while the terrorists who skulked in the shadows and destroyed countless lives on the streets are left without a care in the world about the prospect of being pursued for their crimes. That simply is not right. The terrorists must be pursued and held accountable for their crimes. We will therefore vigorously oppose any attempt to grant an amnesty to any terrorist organisation. The time has come for the Government finally to do something to protect the men and women who served our country. They were not provided for in the 1998 agreement, while the terrorists were. Special provision was made for the terrorists in 1998, in the form of the early release scheme, and other concessions have been made since, as I outlined earlier, but nothing has been done for those who served the Crown. That is wrong and needs to be addressed.

The Government must therefore give urgent consideration to introducing a statute of limitations for soldiers and police officers who face the prospect of prosecution in cases that—this is very important—have previously been the subject of full police investigations. Let me clear about that: we are talking about cases that were previously the subject of rigorous police investigations relating to killings and deaths that occurred before 1998. The Government need to look at this. It is wrong that our veterans are sitting at home wondering whether a third or fourth investigation will take place into their case simply because some hot, fast-thinking, “make a quick buck” human rights lawyer in Belfast thinks it is a good idea to reopen their case. That is what is going on.

We believe therefore that this matter has to be addressed. We can no longer ignore it. Certainly, we on these Benches have not been ignoring it. We believe not only that a statute of limitations should apply to Northern Ireland and Operation Banner but that consideration should be given to other military deployments, including in Iraq, Kosovo and Afghanistan. This is not an amnesty, as each case will have previously been the subject of a thorough investigation; rather it is an appropriate and necessary measure to protect the men and women of our armed forces from the kind of witch hunt years after their retirement that has left many feeling that their service to their country is neither respected nor valued.

[Tom Tugendhat]

I thank the right hon. Gentleman for his generosity in giving way. I hope that he will forgive me for mentioning that I published a paper with Policy Exchange, entitled “The Fog of Law”, in 2013 that addressed many of these issues, of which he is touching on the essence. We are talking here about human rights. What really do they mean? Surely, they are the rights of people to live in peace and dignity, not the rights of some to persecute those who have tried to protect others.

[Sir Jeffrey M. Donaldson]

I thank the hon. Gentleman for his valid intervention. He is absolutely right, and we appreciate the work he has done in this field and his commitment to his former comrades.

--- Later in debate ---

[James Brokenshire]

My hon. Friend makes that point about the upholding of the rule of law. I will come back to what we judge are the right next steps in terms of balance, proportionality, and giving effect to new arrangements to deal with the legacy issues embodied in the Stormont House agreement.

As my right hon. Friend the Prime Minister made clear in the House yesterday, it is appalling when people try to make a business out of trying to drag our brave troops through the courts. In that context, the motion welcomes the Government’s decision to wind up the Iraq Historic Allegations Team following the solicitors disciplinary tribunal hearing and the consequent decision to strike off Phil Shiner. This called into question the credibility of a large number of IHAT’s remaining case load, which will now revert to the Royal Navy police. To be clear, the Government have a legal obligation to ensure that criminal allegations against the armed forces are investigated, but we remain determined to ensure that our legal system is not abused, as it clearly was by Mr Shiner, falsely to impugn the reputation of our armed forces. We should all support the decisive action taken by my right hon. Friend the Defence Secretary in that case.

[Tom Tugendhat]

My right hon. Friend, who is himself a solicitor, is making an essential point about the rule of law as it must be practised by honourable members of the legal profession. He is highlighting the important role that the Solicitors Disciplinary Tribunal played in finding this man guilty of deception of the most abject kind. Will he comment on how the shadow Attorney General can possibly continue to defend that extraordinary individual and yet claim that she will represent Her Majesty’s Government should the Labour party ever be elected?

[James Brokenshire]

It is important to underline that the Solicitors Disciplinary Tribunal’s hearing resulted in a decision to strike off Phil Shiner, and the credibility of a large number of IHAT’s remaining case load has now been firmly called into question. It is important that we respect, recognise and uphold that determination by the Solicitors Disciplinary Tribunal.

--- Later in debate ---

[Sir Henry Bellingham]

I absolutely agree with the hon. Gentleman and I will come on to that in a moment.

The key point about the Hutchings case is that it was fully investigated at the time. It was looked at by every available authority and organisation, and closed down at the time. Reopening cases now is revisionism. It is an attempt to rewrite history. It is trying to look at what happened then through the lens of 2017, when we have a whole new emphasis on human rights and different standards. It is perverse, wrong and completely unacceptable.

[Tom Tugendhat]

My hon. Friend makes a very good point, which complements entirely the one made by the hon. Member for South Down (Ms Ritchie). She is absolutely right that we have to move on, but in moving on we have to allow those who have served to move on. In a case like this, where it is so obvious and so clear that justice has not only been done but been seen to be done multiple times, surely the moving on can be done actively.

[Sir Henry Bellingham]

Let us look at what happened to the IRA and the paramilitaries. Their sole aim was to murder, maim and kill, and to disrupt communities. They did not investigate their own crimes and murders. They celebrated the killings they took part in. They were not subject to the Geneva convention or any other rule of law—or the British law on torture.

What about Captain Robert Nairac, the military intelligence liaison officer, who was abducted in County Armagh in May 1977? He was brutally tortured and killed. He was posthumously awarded the George Cross. He is one of nine IRA victims whose body has never been recovered. What about Corporal David Howes and Corporal Derek Woods, who chanced on an IRA funeral in March 1988? They were dragged out of their car, tortured and murdered. One of the most extraordinary pictures from the troubles is that one of Father Alec Reid administering the last rites to those two corporals. What about the Free Scottish privates who were abducted from a pub in 1971? They were off duty and unarmed; they were abducted and tortured, and no one has ever been convicted.

Oral Answers to Questions

Tom Tugendhat Excerpts

Wednesday 2nd March 2016 Commons Chamber

[Mr Wallace]

I think I would rather have seen Adele last night, who is playing in Belfast, than Nigel Farage.

The United Kingdom Government believe that we are better off, stronger and safer if we stay in the EU. Of course we do not want barriers to further trade. We recognise the importance of trade across the border to the Republic of Ireland. I can say that my right hon. Friend the Secretary of State and I are absolutely united in making sure that Northern Ireland business prospers and does the best it can, because this Government’s long-term economic plan will ensure that exports and domestic trade flourish.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

2. What steps the Government are taking to tackle organised crime in Northern Ireland.

[The Secretary of State for Northern Ireland (Mrs Theresa Villiers)]

The UK Government are supporting the fight against organised crime through the police funding delivered through the Northern Ireland block grant, the £25 million to tackle paramilitarism due to be provided under the fresh start agreement, and the work of bodies such as the National Crime Agency and Her Majesty’s Revenue and Customs. The £160 million of additional security funding will support efforts on organised crime because of the involvement of terrorist groupings in that form of criminality.

[Tom Tugendhat]

In the fresh start agreement, the Executive committed to undertake a public awareness campaign to increase public understanding of the harm done to all communities by paramilitarism and organised crime. Given the impact that that has on businesses, will my right hon. Friend encourage the Executive to proceed quickly down that path?

[Mrs Villiers]

A theme that came out strongly from the fresh start talks was the need for a whole community approach to tackling the problems of paramilitarism in Northern Ireland in order not only to continue the excellent work of the police and their security partners, but to ensure that the public are well aware of the harm done by organised crime and are supported in their efforts to give the evidence necessary to bring individuals to justice and put them in prison, where they deserve to be.

Paramilitary Groups (Northern Ireland)

Tom Tugendhat Excerpts

Tuesday 20th October 2015 Commons Chamber

[Mrs Villiers]

I agree with all of that. We do need a whole community approach to resolving this problem, and we do need a whole enforcement approach. I pay tribute to the work of groups such as the Organised Crime Task Force, which co-ordinates all the organisations working on organised crime. I wholeheartedly agree with the hon. Gentleman that there is no tolerable level of criminality. Anyone responsible for criminal activity should be pursued by the police and brought to justice.

[Tom Tugendhat (Tonbridge and Malling) (Con)]

May I remind my right hon. Friend that this is not a Northern Ireland problem but a UK problem? The offence of paramilitary violence that has been the scourge of our lives for more than 50 years in these islands has affected some of our families directly, in all parts of the House. I urge her to maintain the pressure that she has so rightly placed on the criminal actions of a few, and to encourage the PSNI, which has been extremely courageous in its work these past years, to continue its work.

[Mrs Villiers]

I agree with my hon. Friend that this is a UK-wide issue. He is right to remind us all that victims and survivors of the troubles are not confined to the population of Northern Ireland; many of them live in Great Britain. Indeed, there are also people elsewhere in the world who share the pain of those who suffered directly at the hands of these terrorist organisations in their violent past.