Historical Institutional Abuse (Northern Ireland) Bill [HL]

Second Reading

Moved by

That the Bill be now read a second time.

My Lords, this month the people of Northern Ireland saw the political impasse breach 1,000 days—1,000 days without a functioning Executive, and 1,000 days without progress in education, health, infrastructure and many other areas of devolved competence.

The impact of this impasse has been acutely felt—perhaps most of all by the victims and survivors of historical institutional abuse in Northern Ireland. The Northern Ireland Executive established an independent inquiry into historical institutional abuse in Northern Ireland in 2012. The inquiry’s report was published the same month as the collapse of the Executive. As a consequence, the Northern Ireland Executive never considered the report and it was not laid before the Northern Ireland Assembly.

The victims have been left hanging for seven long years. This wait must now come to an end. That is why the Government committed in July to introduce legislation in Westminster by the end of this year, and why today we have made a fresh commitment to implementing the legislation and ensuring that victims and survivors receive an initial “acknowledgement payment” as soon as possible following the Bill’s passage.

I am grateful to the Minister for allowing me to intervene so early in his speech. I very much welcome this Bill and his urgency over it. Can he give the House any guidance as to how quickly this will get through? Many of us would support an accelerated programme, especially in view of the possible general election. It would be tragic for the victims of abuse if it were somehow to stall in a parliamentary logjam.

I welcome the noble Lord’s intervention so early in my speech, and I ask all those speaking today to speak in similar terms. With that assurance, I believe that I can move this forward very swiftly indeed. I believe that the usual channels will be consulted to that end, to ensure that we are not caught in the limbo of difficulty that might follow the announcement of a general election. I have no desire to see this carried over; I would much rather that it was done as quickly as possible.

I return now to the Bill. This legislation sets out the necessary legal framework to deliver two of the key recommendations from the historical institutional abuse report. The first is for a historical institutional abuse redress board to administer a publicly funded compensation scheme for victims in Northern Ireland. This will be a panel composed of a judicial member and two health and social care professionals. Appointments to the board will be made by the Lord Chief Justice and the Executive Office of the Northern Ireland Civil Service. The second is for the creation of a statutory commissioner for survivors of institutional childhood abuse for Northern Ireland, who will act as an advocate for victims and survivors and support them in applying to the redress board.

As noble Lords will know, providing redress for the victims and survivors of such abuse in Northern Ireland is a devolved matter. The Government are acting on behalf of the head of the Northern Ireland Civil Service and the Northern Ireland parties to enact the legislation here at Westminster. Crucially, the Bill has been drafted by the Northern Ireland Civil Service at the request of, and based on a consensus reached by, all of the main Northern Ireland parties. Sadly, Westminster is simply the only available vehicle for the delivery of the Bill at this time.

I have spoken to colleagues across the House and, in reference to the remarks of the noble Lord, Lord Hain, I believe that the message has been received loud and clear, both in this House and in the other place. If noble Lords can give the assurances that I seek, I will be in a strong position to ensure that we are able to make very rapid progress indeed on the Bill.

My Lords, there is complete support for the Bill right across the House. It is very welcome, but it is of course shocking that we are talking about generations of abuse and decades of waiting for the potential to resolve what has happened. The range of abuse shown in the report covers the entire gamut, and obviously the legacy of abuse for those who have survived, and those who sadly did not survive, is clearly long-lasting. Siblings have been split up, sometimes never to see each other again, or perhaps only meeting very much later in life. Parents and children have lost touch, and people have suffered psychological and physical trauma that has made them handicapped for life and, in many cases, deprived of the opportunity to fulfil their potential.

I welcome one or two specific matters in the Bill. In particular, I was pleased to note the explicit role of the commissioner, which is not just to publicise the scheme and advise, support and give help to people in applying for it. It is much more than money that we are talking about here, and the role of the commissioner in both providing general counselling services for those who have suffered, who maybe have not had them up to the point when they present themselves, and providing practical help with literacy, numeracy, education, employment, training and opportunity—particularly for those who are not so far advanced in life, as we are talking about the later years covered by the Act—to have some chance to make some positive development, in spite of the abuse that they have experienced, is welcome. I hope that the commissioner will be really active in involving people in that.

My other point is about the finance, the speed and the timing. I would be grateful if the Minister could clarify the position, both for me and for the benefit of those who may be taking advantage of the legislation. The specifics are that it will be financed out of the budget of the Northern Ireland Executive and Assembly, which are of course not functioning. It will require consent across the board, and it will have to compete with other services for funding. Many noble Lords have mentioned funding. The noble Lord, Lord Empey, for example, has highlighted how seriously underfunded things such as health and education are. One can see a problem here, unless some of this money is ring-fenced. It would be a travesty if, having got the mechanisms in place, the funding was not really there to deliver the scale. After all, we are talking about the possibility of somebody getting an award of up to £100,000 in addition to the extra services that they may require. That is not an insignificant sum of money, so I would be grateful if, in winding up, the Minister could share: first, some indication of what money will be put in in the beginning to get the process started; and secondly, anything positive he can say about how we can ensure it will be funded. The last thing we want is to be back here in a few years’ time complaining that we set up a wonderful scheme but people found it was slow and tedious, and they did not really get the resolution they had hoped for. Let us be clear: many people have died and many failed to get the support and recognition they needed in the time that they had.

My Lords, I welcome the Bill before your Lordships’ House and congratulate the Minister and officials on their efforts in preparing this legislation and moving forward quickly with this process. In these deeply fraught and uncertain times, when there are different views and opinions on a wide range of issues, I trust that there will be common ground and unanimity today in our efforts to deliver for victims of historical abuse. They have waited far too long.

I wish to take one moment to pay tribute to the work of the late Sir Anthony Hart, who chaired the inquiry which began this process. It investigated and revealed the depth and scale of the systemic abuse which was rife in our society. We must also acknowledge his expert team of officials, who worked efficiently and diligently during the Hart inquiry. The inquiry resulted in some key recommendations for redress, and that work was a vitally important step in the process of getting us to this point today.

For many victims of abuse, the Hart inquiry was the first time they had told their stories publicly. It must have been an incredibly challenging and difficult experience for them, and we should recognise that. After their bravery, many have been left without the much-needed assistance and support that they require. Sadly, a number of victims have since passed away without seeing any justice. It is therefore right and proper that their families should receive financial and mental health support, as families have suffered too.

Victims have shown great courage and bravery and extraordinary patience during their long campaign for redress. Lives have been destroyed, and some of their stories are harrowing. These victims have patiently continued to engage and interact respectfully with the Government and Members both here and in the other place. It is welcome that an interim advocate is in place. In reality, however, victims’ groups and families have done much of the work on their own for many years, without any additional funding or administrative support.

My Lords, the Minister will be aware that I have been a frequent critic of Northern Ireland legislation coming to this House under accelerated passage, given that, in some cases, we knew a year in advance that it needed to be done at a particular time. However, like other speakers, I believe that there is an opportunity here not only for the use of that process, but to ensure, as pointed out by the noble Lord, Lord Hain, who is not in his place, that this legislation does not get caught up in any possible wash-up or changed and therefore lost. Our minds must be focused on the victims and their families, who would be dealt a cruel card if, having come to this stage, it was all snatched away again at the very last minute. I hope that, using the usual channels, it will be possible for the Minister and his right honourable friend in the other place to ensure that this legislation is dealt with. I believe that that is the wish of the House and I am certain that it is the wish of all the political parties in Northern Ireland, and in this House.

Sadly, Sir Tony died earlier this year and has not seen the rollout of his recommendations. That is a shame but, to support the point just made by the noble Lord, Lord Browne, I have absolutely no doubt about the role of some of the institutions that were involved and the need for them to take some responsibility. They and their insurers should not be allowed simply to get away in the smoke with the taxpayer taking up all the liability. I believe that the Minister and the Secretary of State have got that message.

It is sad that Stormont is not in a position to deal with this, but there we are. Parliament now has a responsibility to fill the vacuum and ensure that this is done. There are very few occasions when there is unanimity at home in Northern Ireland. Indeed, by the look of things around here, there is very little opportunity for unanimity here as well. However, the fact remains that this is an opportunity for that to happen. Let us make it happen and do something for the victims. Let them feel that they have been heard at last, and that the system is for once working for them, not against them. I support the Second Reading of the Bill.

My Lords, I shall certainly not disturb the unanimity, but may I say that it is heartening to note that the Secretary of State is following our proceedings? We hope that this will give added impetus to a very important Bill. It is a scandal that it has taken so long. It is very sad that it is over two years since the Hart report was published, and that Sir Anthony is no longer able to see what we are seeking to achieve on his behalf.

The biggest scandal of all is that this matter, which affects a number of extremely vulnerable people in Northern Ireland, has not been debated in full in the Assembly because the Assembly has not sat in the period since the publication of the report that is the foundation of this Bill. I pay unreserved compliments to my noble friend Lord Duncan, who has been indefatigable. Earlier this afternoon, he welcomed my suggestion that it would be very good if the Prime Minister went to Stormont and summoned all the Members of the Assembly there. As he has styled himself Minister for the union, let him tell them how keenly he feels for the union, and how important it is that they cast aside their differences and come together as an Assembly, with an Executive, to exercise the power that this Parliament has conferred on them. It is extremely important that this should happen; it is disgraceful that it has taken so long.

When my noble friend introduced the Bill, he made a very powerful, short speech, in which he said that he wanted to feel that he had the support of your Lordships in all parts of the House. I think he now knows that he has that support. I hope he and the Secretary of State will ensure that the Bill receives Royal Assent and becomes an Act of Parliament before any election day. There is a will for this to be done. There is unanimity in this House and in Northern Ireland, and it is crucial that we act.

My Lords, like all other speakers, I am entirely supportive of this Bill, and believe that we need to get on with it.

I have some questions, which I hope that the Minister can answer at the end of the debate. All the evidence about child abuse, whether physical, sexual or emotional, is that it is much more prevalent than people imagine. Revelations about past cases often lead to more people coming forward. The new abuse redress board and commissioner will likely shine a light on the tips of many new icebergs. Exposing the whole edifice of historical institutional abuse is a process which will take years, not months. Collecting the evidence will be a long and complex task, requiring detailed research and investigation. Yet the Bill is rather vague on how the board and the commissioner will be funded in the long term. I entirely agree with the points made by my noble friend earlier, but what is the Government’s estimate of the funding required to ensure that the board and the commissioner can function properly? Can he confirm that they will be given resources equal to the task of meeting the needs of the victims?

Clause 23 enables the commissioner to appoint an advisory board of victims of historical abuse. This strikes me as essential, but it is equally critical that the advisory board is diverse and properly representative of the different groups of victims. The House should consider whether such a requirement should be hardwired into the Bill. Clause 21 sets out the process of appointment of the commissioner, which is left in the hands of the Northern Ireland Executive Office, which will also have to approve the annual budget. Can the Minister reflect on how we ensure that these two provisions do not undermine the independence of the commissioner in carrying out their work? We have to ensure that the commissioner is well resourced, well advised and able to operate without fear or favour.

My Lords, as has been made clear during the debate so far, this is hugely important legislation for a great many people in Northern Ireland, in particular those many young and vulnerable people who suffered at the hands of those who they should have been able to trust, whether in state-run or other institutions. I therefore have no hesitation at all in giving the Bill my fullest possible support. I know that it has cross-party backing from political parties across the community in Northern Ireland. My great regret, however, along with that of many other Members of this House, is that it has taken us so long to arrive at this moment. I will say a bit more about that shortly.

I commend the previous Northern Ireland Executive, under Peter Robinson and the late Martin McGuinness, for establishing the inquiry under Sir Anthony Hart in 2011-12. I echo my noble friend Lord Empey in paying tribute to Sir Anthony. I am by instinct not naturally drawn towards public inquiries but the Hart inquiry was widely regarded as a model of how a public inquiry should be run—in this case, efficiently, forensically and with great authority, along with compassion and deep sensitivity. Along with the former Secretary of State, Karen Bradley, I last met Sir Anthony at Hillsborough in May of this year to try to chart a way forward. At that meeting, one could not have been other than impressed by the sense of duty he had towards those who had suffered, his determination to do right by them and his frustration that, over two years after the publication of his report, the recommendations had still not been implemented. As my noble friend Lord Empey said, Sir Anthony sadly passed away in July. I hope that this legislation will be a worthy legacy of a kind and decent man.

Most of all, we should have nothing but admiration and support for the victims of historical institutional abuse in Northern Ireland, who have campaigned over the years with such determination, resilience and enormous courage. Their dignity, composure and bravery has been quite remarkable. That it has taken so long for this legislation to give redress to be introduced is unforgivable. As one who served in the Northern Ireland Office throughout this period, I am profoundly sorry for that. It is on those delays that I wish to very briefly comment.