Replacing the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023
1/76. What steps he is taking to replace the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.
10. What steps he is taking to replace the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.
The Northern Ireland Troubles Bill will return to the House early this Session. In the meantime, I have been consulting widely on the legislation. I will bring forward amendments designed to improve the process for victims, to further safeguard veterans, and to differentiate between the roles played by security forces and paramilitary terrorists.
In the Secretary of State’s wide consultation, did he consult General Sir Nick Parker, who suggested that there should be no further criminal investigations, inquests, inquiries or prosecutions unless there is new and compelling evidence that was not available at the time of the event?
I have consulted and met a wide range of people. I have seen the amendment that has been tabled, which we will come to when the Bill is in Committee, but the hon. Gentleman will be aware that there is already provision in the Bill for protection from repeated investigations unless the commission regards them as essential. I recognise, however, the need to build upon what we have already in the Bill, and that will be visible when the amendments are published.
In the previous Session, the troubles Bill drew criticism from nine former four-star generals, regimental associations and veterans across the country. The Defence Secretary told this House earlier this week that he had “dealt with their concerns” and would make “significant amendments”, but every time we ask for detail, we are stonewalled. Will the Secretary of State for Northern Ireland lay out today exactly what protections he is proposing and guarantee that no veteran will be hounded through the courts?
We are looking at amendments to improve the process for families, to further safeguard our Operation Banner veterans and to ensure oversight of how the protections work. We will make it clear that there is no equivalence, and never was, between the actions of terrorists and the conduct of our armed forces and the police in trying to protect life. We will ensure that coroners and the commission take proper account of the circumstances in which our armed forces were operating. All those things will be consistent with the joint framework and with the Government’s human rights obligations, and I would hope that the Opposition would welcome them all.
I call the Chair of the Northern Ireland Affairs Committee.
During our Committee’s inquiry on legacy, we heard serious concerns from victims and survivors about the Government’s approach to information disclosure. In the Dillon case, the Supreme Court showed a significant degree of deference to Government on national security grounds. What reassurances can the Secretary of State give to families and survivors that national security will not be invoked to withhold information simply because it is uncomfortable for the state, rather than because its disclosure would present a genuine risk to the public?
As my hon. Friend the Chair of the Select Committee knows only too well, responsibility for national security ultimately rests with Ministers, and the Dillon and the Thompson judgments confirmed that. As I have already indicated, I have proposed changes to the disclosure provisions in the Bill, including requiring the Secretary of State to conduct a balancing exercise when considering each case and also to give reasons. The Supreme Court made it clear that the Secretary of State does not have a veto, because any decision can be subject to judicial review.
I call the shadow Secretary of State.
The Secretary of State will have seen reports in the Belfast Telegraph that prior to 1985, a large part of the gelignite used in IRA bombs was routinely stolen from a single factory in County Meath in the Republic. The supply amounted to many tonnes of explosives, and it took the lives of many hundreds of people. At the time, British intelligence repeatedly raised concerns with Dublin. Nothing was done, despite the factory’s allegedly being in receipt of Irish state subsidy. Following those revelations, will the Secretary of State commit to writing to the Taoiseach to ask him to hold an urgent public inquiry into the Enfield explosives factory?
I have indeed seen the reports to which the hon. Gentleman has referred. As I have explained, one purpose of the troubles Bill is to facilitate co-operation with the Irish authorities in relation to all these matters. We cannot undo the past, but what we can do is provide information for those whose lives were lost as a result of the use of those explosives, through full co-operation between the Irish authorities and the legacy commission. We require the Bill to make that happen.
With all due respect, the Secretary of State did not answer my question. This is an extraordinary missing piece of the puzzle in the story of the troubles—in the story of how the IRA obtained weapons that killed people in our country. The Secretary of State is perfectly within his rights to raise this with his opposite numbers, and to ask them to conduct a full public inquiry on behalf of the victims. Will he do so?
Since the hon. Gentleman has raised the matter directly with me, I undertake to him—and to the House—to raise it with the Irish authorities, because they will have seen the exchange that he and I have just had.
I call the Liberal Democrat spokesperson.
The May review of the Independent Commission for Reconciliation and Information Recovery describes a “toxic”, “divided” and “disrespectful” senior culture, along with structural weaknesses in the governing legislation. It also raises concerns that the Government’s forthcoming troubles Bill will make matters worse. However, in his response to the review, the Secretary of State appeared to suggest that it was simply up to the ICRIR to sort this out, although the ICRIR is sponsored by his Department, the review was commissioned by his Department, and his Department is now legislating to rebadge this failing body as the legacy commission. Will the Secretary of State tell the House whether he accepts that he is ultimately responsible for Peter May’s 19 recommendations being followed? Will he also give us an update on whether the Northern Ireland Office plan is still on schedule, and explain how the troubles Bill is to be amended to remedy the structural shortcomings exposed in the review?
The responsibility is held jointly with the independent commission established under the legislation put in place by the last Government. Some of the things that have been uncovered are evidence of why we need to reform the way in which the commission works, which is what the troubles Bill will seek to do. We have a joint plan on which we are working together. I have made my displeasure very clear to every single one of those who sit on the legacy commission board, because what was found is not acceptable. However, we must acknowledge that the report also said the commission had a great many committed staff, and nothing must get in the way of their carrying on with their work to find answers for families.