Northern Ireland: Legacy of the Troubles

Viscount Hailsham Excerpts

Wednesday 5th September 2018 Lords Chamber

[Viscount Hailsham (Con)]

My Lords, in the two minutes available to me, I can only summarise my conclusions rather than set out the detail of my reasons. I do not want to see members of the security services prosecuted or, indeed, sued in respect of any killing or wounding which they were involved in during the Troubles and prior to the Good Friday agreement. I do not think that it is possible politically or in law to make a distinction between the security services and former terrorists or, indeed, within those classes, and I therefore conclude that there should be a statutory bar on all Trouble-related killings or woundings committed prior to the Good Friday agreement. That should be statutory, not administrative, and could take the form of a statute of limitations, an Act of oblivion or a statutory amnesty and it should apply to both criminal and civil proceedings. I entirely agree with the noble Lord, Lord Dannatt, when he says that it is likely that members of the security forces would be targeted for legal proceedings to a disproportionate extent. I would find that deeply offensive.

I also find it unconscionable—indeed, an abuse of process—that members of the security forces could be prosecuted or sued, while former terrorists now either hold or have held prominent positions in the political life of Northern Ireland and have participated in the Administration of that Province. It is for those reasons that if a Bill is brought forward, I shall certainly vote for a statutory bar of the kind I have identified and, if necessary, I will trigger such a vote.