Northern Ireland Troubles

With permission, Madam Deputy Speaker, I would like to make a statement on the legacy of the troubles, which still hangs heavily over the lives of so many people in Northern Ireland and across the United Kingdom.

The Good Friday agreement—that extraordinary act of political courage—brought peace. Although its architects knew that legacy would have to be dealt with, they were not able to do so. This is therefore the unfinished business of that agreement, and it is why so many—too many—victims and survivors are still waiting for answers about what exactly happened to those whom they loved so much.

The previous Government’s Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 failed to win support in Northern Ireland, failed to comply with our international human rights obligations and was undeliverable. Whatever its intentions, it was no basis for trying to move forward. That is why the Government are today introducing new primary legislation and laying a draft remedial order under the Human Rights Act as we seek to fulfil our King’s Speech commitment to repeal and replace the legacy Act. This legislation will give effect to the framework that I announced with the Irish Government on 19 September, which reflects the principles of the Stormont House agreement and contains sovereign commitments by both the UK and Irish Governments.

The new troubles Bill will reform the independent commission, to be renamed the legacy commission, giving it statutory oversight to provide accountability and confidence, and—learning from Operation Kenova—a statutory victims and survivors advisory group. It will significantly strengthen the governance of the commission, with two co-directors of investigations, statutory conflict of interest duties, and appointments made only following independent advice. It will enhance the investigative powers of the commission and put in place a fairer disclosure regime, ensuring that the commission has the powers that it needs to find answers for families and can make public the maximum possible information, consistent with the state’s responsibility to protect life and national security.

The Bill will fulfil the commitment that we have made to restore the small number of troubles-related inquests that were stopped in their tracks by the legacy Act, and refer the other inquests that had not yet commenced to the Solicitor General for independent consideration of whether, in each case, they are dealt with most appropriately by the reformed legacy commission or via the coronial system. It will enable the reformed commission to hold new proceedings in cases that are transferred to it from the coronial system. Consistent with the provisions in the Inquiries Act 2005, that will provide for public hearings, the consideration of sensitive information in closed hearings, and effective next-of-kin participation, including participation through legal representation.

We will also address in the Bill, rather than in the remedial order, the UK Supreme Court ruling in the Adams interim custody order case regarding the application of the Carltona principle. We must put beyond doubt Parliament’s intention by clarifying the fact that the relevant legislation allowed such orders to be made by junior Ministers as well as by the Secretary of State.

We owe a huge debt of gratitude to the 250,000 Northern Ireland veterans who served with honour and distinction to keep people safe, and who worked with the police and other emergency services in the most difficult circumstances imaginable. Their service and their sacrifice will never be forgotten. That is why, having worked closely with the Defence Secretary and the Armed Forces Minister, the Government are introducing strong safeguards for veterans that respond directly to the concerns that have been expressed to us. Those safeguards will also apply to other people, such as former police officers. They will mean that no witnesses will need to travel to Northern Ireland to engage with legacy mechanisms. They will have a right to do so remotely, because coroners and judges in the commission will be legally required to allow it, and support for veterans will be available to assist them in that regard. The commission will be under a duty not to duplicate aspects of any previous investigations unless there are compelling reasons that make it essential. The welfare of veterans will be given proper consideration as part of any assessment of whether they are required to give evidence, and that will include the right of veterans to seek anonymity when doing so.

Our protections will not be limited to legislation. Any contact with veterans will be facilitated through the Ministry of Defence, protecting veterans from cold calling, and veterans will not be required to rehearse the historical context surrounding incidents when such information can be obtained from other sources, including the Ministry of Defence. These measures will provide what the three UK veterans’ commissioners have called for: not immunity from the law, but fairness under it.

The remedial order, which I am also laying today, will remove the last Government’s much-criticised immunity scheme, which offered false promises, was never introduced, and would have enabled those who had committed the most appalling terrorist crimes to be granted immunity from prosecution—the principal reason why the Act was so strongly opposed in Northern Ireland—and it will lift the current prohibition on troubles-related civil proceedings.

I am grateful to the Tánaiste, Simon Harris, and his team for their open and constructive approach in reaching the framework agreement, which recognises that helping families affected by the troubles is a shared responsibility. That is why the joint framework contains specific and unprecedented commitments by the Irish Government to facilitate the fullest possible co-operation of the Irish authorities with a reformed legacy commission, to establish a dedicated unit within An Garda Síochána to deal with troubles-related cases, which will include investigating all outstanding cases in Ireland, and to make a financial contribution of €25 million to help fund legacy mechanisms. That is, of course, in addition to the £250 million already committed by the UK Government. Where required, legislation will be introduced by the Irish Government to implement those commitments. We are also establishing with the Irish Government an independent commission on information retrieval—initially on a pilot basis—to give families an additional means of obtaining information.

Since my appointment last year, I have had many discussions with political parties, victims and survivors organisations, human rights groups, veterans and others affected by the troubles. Given the views held by so many people—often diametrically opposed—it was always going to be impossible to set out a plan that gives everyone everything that they want. There will be elements of our approach that some people will welcome and others will not. I also recognise that, because of what has gone before, there is a great lack of trust in all of us in the House on the part of victims and survivors. That is, unfortunately, the reality; but it is not, and it never has been, an argument for not trying to find a way forward. I hope that those who want to see a fair and effective approach to legacy that can command greater support in Northern Ireland will recognise that these measures represent fundamental reform, and that they will therefore be given a chance to succeed.

Time waits for no one, least of all for the many families who lost loved ones, and they, ultimately, will be the judge of whether these new arrangements can give them the answers that they have sought for so long. I hope that we will together be able to grasp this opportunity, and so help the people of Northern Ireland to look to a future freer of the burden of the past. I commend this statement to the House.

I call the shadow Secretary of State.

I thank the Secretary of State for advance sight of his statement.

The last Government legislated to draw a line under troubles-era litigation. That litigation was inevitably weighted against those who sought to protect our country from terrorism. It was inevitably weighted against those who keep records, and whose servicemen are easy to locate and contact. Even today, vexatious claims are being made. Only last week a judicial review of a 1991 case was rightly thrown out by the High Court in Belfast. The judge described the challenge as “utterly divorced from…reality”, but not before the former special forces soldier at the centre of it had had to endure four years of investigation. Mindful of cases such as this, the last Government sought to draw a line. Through their actions today this Government are erasing that line, and as they do so, many former servicemen will again feel, with profound unease, that the lawyers are coming. I hope the House will spare a thought for them this afternoon.

I know we will have a lot of time to debate the legislation that the Government are laying, but there are a number of specific questions that I would like to ask the Secretary of State. First, on the resumption of inquests, will he tell the House how many inquests will be restored and how many will be referred to the Solicitor General? Can he specifically tell the House whether that list will include the 1987 Loughgall case?

Secondly, civil cases are to reopen. It is thought that at the time of prohibition, many hundreds of such cases—affecting perhaps thousands of people—were before the Belfast courts. What is the Northern Ireland Office’s calculation of the number of civil cases that are now likely to proceed? I ask that because there are clear financial consequences to reopening legacy in this way. The Secretary of State referred to the £250 million already committed—indeed, it was committed by the last Government to deal with the legacy as we framed it—but it is now clear that the new legacy commission is to have a much bigger remit than the Independent Commission for Reconciliation and Information Recovery. If so, will its budget be increased? If not, how will it be expected to function?

I am grateful to the hon. Gentleman for his response. He says that the last Government sought to draw a line, but it did not work. In the act of seeking to do that—this is the one question that the now Opposition have never been able to answer—they decided that they would give terrorists immunity from prosecution. [Hon. Members: “No, they didn’t!”] Yes, that is what the last Government did, and I have never heard a justification. [Hon. Members: “No, they didn’t!”] Yes, they did, and it did not work. It did not have support in Northern Ireland. How can Northern Ireland proceed to deal with the legacy of the troubles, when the legislation that the last Government passed had no support in Northern Ireland?

To answer the hon. Gentleman’s specific questions, nine inquests will be restored and the remaining 24 will go into the sifting process. Those nine inquests will include Loughgall, because the Conservative Attorney General ordered a new inquest into Loughgall 10 years ago—a point never referred to by the Opposition. It was one of the cases that had begun, and it therefore falls within the group that will be restored. The rest will be considered by the Solicitor General in the sifting process. The number of civil cases will depend on those who choose to bring them or resume them.

On the PSNI, I say to the hon. Gentleman that prior to 1 May last year, the force had over 1,000 cases on its books, and that is no longer the case. The legacy commission, which the UK Government are funding, is now responsible for looking at all cases referred to it. That cost is borne by the UK Government and not by the Department of Justice in Northern Ireland. To the extent that cases are no longer inquests but will go to the commission, the cost will be borne by the UK Government and not by the Department of Justice in Northern Ireland.

On the issue of interim custody orders, as I indicated to the House a moment ago, the legislation will make it clear that the signing of those orders by junior Ministers was always lawful, but we have also decided, in placing a draft remedial order before the House today, that sections 46 and 47 of the legacy Act will now remain in place until the provisions of the Bill take effect. That will deal with the point that some people have made about avoiding a gap, but we all have to recognise that sections 46 and 47 proved to be an ineffective way of dealing with this issue—the hon. Gentleman smiles, but he knows that that is the case.

I call the Chair of the Northern Ireland Affairs Committee.

I am pleased to see from the joint framework that the Government have listened to some of the key concerns voiced by stakeholders during my Committee’s inquiry into legacy. Those stakeholders will no doubt want to study the detail of the proposals that my right hon. Friend is publishing today. To that end, what consultation have the Government had with victims and survivors groups since the joint framework was announced, and in what ways has this informed the legislation laid today?

The legislation is about to be published, but in the 14 months since I took up this post, I have had many conversations with families, victims, and the other organisations and groups that I listed in my statement. The Bill that the House will see is the result of that process of discussion, listening, drafting and attempting to respond—not in a way that will please everyone—to the mess that this Government were left by the last Government, who passed a piece of legislation that did not work, did not have support and was found by the courts not to be compatible with our obligations in a number of respects. The question now for all those groups, having seen the framework agreement that we have reached with the Irish Government, is: do they feel that the legislation gives effect to that, and will it enable Northern Ireland to move forward in dealing with these really intractable problems?

I call the Liberal Democrat spokesperson.

I thank the Secretary of State for advance sight of his statement. As this is my first statement as the Liberal Democrat spokesperson for Northern Ireland, I want to begin by recognising the deep scars left by the troubles on families and communities across the island of Ireland and these islands. The pain, loss and legacy of that conflict remain deeply felt to this day.

Although the Liberal Democrats welcome the recent agreement between the British and Irish Governments, the true test of this deal will lie in the detail of the legislation that follows. The Government’s stated intention—to promote an honest attempt at reconciliation and to draw a line under decades of division—is one that every Member of this House can understand. Victims’ families deserve truth, justice and closure. Equally, our veterans deserve and must be afforded fairness and protection from injustice. As the Secretary of State has said, the legacy Act, introduced by the Conservatives, failed to gain the support of any of the parties in Stormont, victims groups or the Irish Government. This lack of consensus speaks volumes but is not loud enough, it seems, for His Majesty’s official Opposition.

I look forward to examining the contents of the new Bill in detail and to tabling constructive amendments. My party will engage fully with the Government, as lasting reconciliation depends on transparency, fairness and independent oversight. That means an effective information retrieval body with statutory disclosure powers, meaningful participation for victims, and safeguards to uphold both justice and compassion for veterans and victims alike.

I have three questions for the Secretary of State. First, how will this Bill ensure that reconciliation is not imposed from above, but built from the ground up? Secondly, based on the many meetings my party has had with veterans and their representatives, what specific safeguards will the Government include to ensure fairness, proportionality and proper protections for those who serve with integrity? Lastly, how will this Government ensure that prosecution under the law, or the possibility of it, can never be used to harm, oppress or discredit those who fought for our country, regardless of the final verdict?

I welcome the hon. Gentleman to his new role, and I genuinely look forward to working with him on these and other matters, given his interest in Northern Ireland, which is shared right across the House.

Let me turn to his three specific questions. First, no legislation can enable people to feel reconciled in some way to what happened. In the end, reconciliation has to come from within. The title “reconciliation” will not be in the new name of the legacy commission, because it is a consequence of a process that we are trying to put in place, if families can find answers. I urge the House to concentrate on that, because that is what this is all about—trying to enable families to find answers. Secondly, I did draw attention to the safeguards in my statement, and when the Bill is published later, the hon. Gentleman will be able to see how they are given legal expression.

Lastly, on the hon. Gentleman’s point about prosecution, I would simply say that people have made one or two comments in these discussions about politically motivated prosecutions or vexatious prosecutions. I think it is very important that the House upholds the integrity and independence of the prosecutorial authorities. A fundamental bedrock of our legal system is that independent prosecutors make such decisions, and to suggest that they are in any way politically motivated is in my view profoundly mistaken.

I pay tribute to the Secretary of State, the Defence Secretary and the Minister for the Armed Forces for working so hard to achieve this new phase of the peace settlement in Northern Ireland. As we celebrate peace starting in the middle east, this statement is a reminder of how long it takes to build peace and how important justice is for peace. Does the Secretary of State agree with me that by shutting down investigations, including into the deaths of more than 200 Operation Banner soldiers, without an adequate alternative, the unlawful legacy Act failed so many families and victims of the troubles, and the mess had to be undone?

I thank my hon. Friend for her question, but above all for her great service in the Northern Ireland Office. It was a real pleasure to work with her, and she did so much during her time in the Department.

I do agree with my hon. Friend, because those service families want to find answers. Some time ago, I met the family of Tony Harrison, who served and was murdered in Belfast. His mother and his brother told me how outraged they were by the legacy Act, because it proposed that those who had killed her son could get immunity from prosecution. It is so important that we put that misguided approach on one side, so that all families—service families and others—can find answers.

It is worth remembering that most victims are not in a group, are not in the media and are not taking action; they just want to know what happened to their loved ones. As we debate the forthcoming legislation, I hope we can all collectively remember that, because investigations are key to delivering for those families.

I want to ask the Secretary of State two specific questions. First, there is some concern that there will be protection for combatants who may have been involved in rapes and other sexual activity. Could he look at that as the Bill proceeds to make sure that victims are able to talk and have protections, as those ex-combatants have? Secondly, what thought has he given to a change of Government in the south should Sinn Féin take power, and to the delivery of the Irish contribution and commitments in such a scenario?

I am grateful, as ever, to the right hon. Gentleman for his wise words, and I once again pay tribute to the distinguished role he played in trying to move forward some of these and many other Northern Ireland questions during his time as Secretary of State.

On the latter point, it is not for me to speculate on what is going to happen as a result of the decisions of the Irish electorate. The current coalition Government have given a commitment, and this partnership was two Governments coming together, each making sovereign commitments and promising to carry them out in their own jurisdictions. I think it is a hugely significant moment, because we have to go back 11 years to the last such time, when the last Government were able to reach agreement with the Irish Government in the form of the Stormont House agreement.

On the first question, when the right hon. Gentleman sees the Bill, he will see that we are making changes to allow some other matters to be investigated, because I am conscious of the point he has raised.

I welcome the statement and the progress made by both this Government and the Government of the Republic of Ireland. As my hon. Friend the Member for Gower (Tonia Antoniazzi) said, we on the Northern Ireland Affairs Committee have heard of the heartbreak of many of those who lost loved ones over the course of the troubles, and regardless of the background of those loved ones, they deserve answers.

The response we have consistently received is that Operation Kenova is an example of good practice—that many of those in the island of Ireland are too close to this matter, and bringing in suitably qualified individuals from other parts of the UK should be considered as part of any process. Can I ask the Secretary of State if that has been considered in the new Bill?

I would make two points. First, as I have alluded to, we have drawn on the experience of Operation Kenova, in that the Bill will create a statutory victims and survivors advisory group to ensure that, in the way it goes about its work, the commission takes account of victims and survivors, and that will include a representative of those who served the state during the troubles.

On the second point, we are putting together much tougher statutory provisions in place relating to conflicts of interest. That is why there will be two directors of investigation—one will have experience of investigating cases in Northern Ireland, the other will not—which will address the concerns some families have about who will be looking into their case. We should not forget that, despite the nearly 100 cases that the commission is currently investigating, which I welcome, far too many families in Northern Ireland have said that they will not be going anywhere near the commission. Part of the purpose of what we are seeking to do is to build confidence on the part of more families in Northern Ireland to go to the commission and get answers.

First, I welcome the Minister to his place and to the Department, and I welcome the new shadow spokesperson for the Liberal Democrats. I personally thank the hon. Member for Putney (Fleur Anderson) for the role she played in her time in the Northern Ireland Office.

That the announcement with the Irish Government was made during a House of Commons recess, one could consider as cynical; that we stand here today during a statement on legislation that has yet to be introduced, and therefore we have no detail on, as disgraceful; and the suggestion that the Irish Government have committed to legislate at all as entirely fanciful—they have not. But the detail we do have is that the Secretary of State wishes for the Solicitor General to be the person to carry out the sifting process on whether cases should go to inquest through the coronial system or to the legacy commission.

In Northern Ireland, we have an Advocate General. The Advocate General is England and Wales’s Attorney General. I am clear in my mind that Richard Hermer would be wholly inappropriate to have his hands anywhere near cases touching on the legacy of the past, given how he has conflicted himself. Will the Secretary of State indicate: has the Attorney General of this country recused himself from this process? Has he, as Secretary of State, decided to exclude the Attorney General from this process? Is he legislating in a way that will exclude every Attorney General from this process, or is it just Richard Hermer?