Supreme Court Dillon Judgment: Policy Implications

1. What assessment he has made of the potential implications for his Department’s policies of the Supreme Court judgment in the Dillon case [2026] UKSC 15.

2. What assessment he has made of the potential implications for his Department’s policies of the Supreme Court judgment in the Dillon case [2026] UKSC 15.

7. What assessment he has made of the potential implications for his Department’s policies of the Supreme Court judgment in the Dillon case [2026] UKSC 15.

Before answering, I pay tribute to Sir Desmond Rea who died recently. He played an important role in the peace process in Northern Ireland, particularly through the transformation of policing as the first chair of the Northern Ireland Policing Board. I am sure the whole House will join me in sending condolences to his family.

I welcome the clarity provided by the Supreme Court in the Dillon case, which has confirmed that the Independent Commission for Reconciliation and Information Recovery is capable of delivering human rights-compliant investigations and reaffirms the Government’s position on the interpretation and application of article 2 of the Windsor framework.

Terrorists were responsible for the vast majority of deaths during the troubles. Many of those murders remain unsolved, and the last Tory Government’s Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 sought to offer immunity to the perpetrators. Does the Secretary of State agree that that is wrong in principle, and can he provide an update on when he plans to move the approval motion for the remedial order to repeal it in the other place?

I agree with my hon. Friend that seeking to give immunity to terrorists who committed the most terrible crimes, including the killing of police officers, soldiers and many members of the public, was profoundly wrong. It is also wrong in principle. On the remedial order, now that we have the Dillon judgment we will be bringing it forward as soon as parliamentary time allows.

The Supreme Court found wholly in the Government’s favour. Does the Secretary of State agree that the Government now have a responsibility to put in place legislation that delivers justice for victims and survivors of the troubles, who are both civilians and veterans, and that upholds the special duty of care to veterans?

I do indeed agree with my hon. Friend—that is exactly what the troubles Bill will do. It is essential to build confidence across all communities, which the legacy Act failed to do, to put in place protections for our veterans and to enable all families who are seeking answers to request information through a reformed legacy commission.

As the proud son of a Northern Ireland veteran myself, I wish to put on the record my eternal gratitude to the brave men and women of our armed forces who served our nation in Operation Banner. With that in mind, can the Secretary of State reiterate to the House how many veterans have been convicted for offences committed during the troubles and how that compares with the number of paramilitaries who have been successfully prosecuted?

I ask my hon. Friend to pass on my thanks and, I am sure, the thanks of the whole House for his father’s service. He and all those who served deserve our eternal gratitude. As my hon. Friend knows, the number of service personnel convicted of troubles-related offences was very small—only one in the last 28 years—whereas between 25,000 and 35,000 paramilitaries were sent to prison during the troubles. Of the current 10 live cases, eight relate to paramilitaries accused of killing or attempting to kill soldiers and police officers—paramilitaries whom the last Government wanted to give immunity to.

Does the Secretary of State agree that the Supreme Court judgment in the Dillon case reinforces vital legal protections for our security forces, creating a more secure environment? Will he join me in thanking the courageous men and women of our army and police who fought and defeated terrorism with integrity?

I will certainly join the hon. Member in expressing those thanks to all those who served with such distinction in Northern Ireland during the troubles to keep people safe. The Dillon judgment has provided extremely important clarity about the correct interpretation of the Windsor framework, as I said a moment ago. It also reinforces the case that the Government make: that we need to put protections for veterans, which were not contained in the last legacy Act, on the statute book.

I welcome the rebuff in the Dillon judgment for the article 2 expansionist demands of the Northern Ireland Human Rights Commission and of the Equality Commission for Northern Ireland. Does the Secretary of State accept that rights in Northern Ireland must evolve according to United Kingdom law, not European Union law? Thus, on the gender issue, does he accept that the ruling of the Supreme Court on the supremacy of biological sex must prevail?

That is indeed what the Supreme Court found in that particular important case. The Equality Act 2010 applies in only limited ways in Northern Ireland, as the hon. and learned Member knows. I agree with him on his first point. The Government took the appeal because they felt that the interpretation of the Windsor framework, particularly article 2, by the Northern Ireland courts was too broad. The Supreme Court has agreed with the Government and said that it is a much more narrow interpretation, relating to the troubles, not the expansive interpretation that we have previously seen.

I call the shadow spokesperson.

May I echo the Secretary of State’s comments in relation to the sad passing of Sir Desmond Rea?

In response to the Dillon judgment, a Northern Ireland spokesperson said on 7 May:

“We welcome the clarity provided today by the Supreme Court, which has confirmed that the ICRIR is fully equipped to deliver human rights-compliant investigations”.

Does the Secretary of State therefore accept that the courts have determined that the ICRIR as presently constituted is sufficiently independent to conduct its investigations? If so, why is there any need to make these cumbersome changes in his proposed Bill?

As I have said from the Dispatch Box many times before, the courts had previously found that the ICRIR was independent. The Supreme Court has dealt with the two particular issues identified by the Court of Appeal in Northern Ireland. I have already indicated to the House that the Government propose to make amendments to the disclosure provisions, which I think are right and proper compared with those that were contained in the legacy Act. It remains the case that the last legacy Act did not command confidence on the part of all—[Interruption.] It is no good hon. Members on the Conservative Front Bench shaking their heads; it did not command confidence on the part of all communities in Northern Ireland, and that is why the changes are necessary.

The Secretary of State will know that the howls of outrage from the article 2 expansionists have been proven to be wrong, yet those same howls of outrage have been repeated ad nauseum by the Irish Government. They continue with their state case against this country and they continue to assert that there is an incompatibility with the ICRIR. In doing so, they refuse to respond to the requests of victims; they have not responded once to the ICRIR’s requests for information from the Guards; and, as the Secretary of State heard with the victim in our presence just last week, the much-fêted Garda unit does not even answer the phone. Will he now challenge the Irish Republican Government to withdraw their case and to recognise compatibility with article 2?

As I have said to the right hon. Gentleman a number of times before, the Government’s view, which is reinforced by the Dillon judgment, is that the legislation that we are bringing forward, combined with the judgment, means that there is no basis for the inter-state case; but it is a matter for the Irish Government to take a decision about what they do about that. The other argument for the legislation that we are putting forward is that it will enable precisely the co-operation that the right hon. Gentleman is seeking and that will be so important to many families in Northern Ireland, including the families of service and police personnel who were killed and injured during the troubles. There may well be information that the Irish Government can now provide, and that is another strong argument for the legislation.