(3 years, 4 months ago)
Lords ChamberMy Lords, this part of the Bill provides for history and memorialisation. It is about creating as true and honest an account as possible—one which has integrity—of what happened during our tortured, troubled past.
This is hugely sensitive. I hear what the noble Baroness, Lady Hoey, has said. All I will add is that, given the fact that the eyes of the whole community will be on those who are attempting to deal with these matters, it is vital that there is equity and fairness for all.
I fully support Amendment 172 from the noble Lord, Lord Dodds, in particular. It is right that no memorialisation activities glorify the commission or preparation of Troubles-related offences. We see at regular intervals events from different sections of the community, not just the republican community, which glorify individuals who contributed to atrocities and occasions that caused immense pain to so many of us, but particularly to those whose loved ones died or were permanently maimed in the attack being celebrated. Such events cause great pain; they can reignite the terrors and agony of the post-traumatic stress disorder suffered by so many as a consequence of these events. There is no justification whatever for the glorification of terrorism.
I rise to support the amendments tabled in my name and the names of the noble Lord, Lord Dodds, and others, but also to give a broad welcome to this group in its entirety—notwithstanding some of the major concerns that have been expressed by ourselves and others from across the Chamber about the overall contents of the Bill. From that point of view, no amendments can make the Bill itself acceptable. Nevertheless, actions that we can take to deal with the issue of memorialisation have a level of importance.
Memorialisation can be a force potentially for good, but we also need to be aware that it can also be a major force for further problems and further evil. If done correctly, memorialisation can be beneficial in helping to remember innocent victims and, one hopes, helping towards a level of reconciliation. If we get the conditions right, that can be something of benefit to society and, potentially, to some families. But there is a real danger that memorialisation can be got wrong, which is the thrust of the amendments that we have proposed. It is about trying to provide a level of consistency.
As in previous groups of amendments, we are talking about the real danger of a glorification of terrorism, which must be prevented—certainly from anybody who seeks to benefit from this legislation. It is also the case that, if memorialisation is used as a back door to glorify or justify terrorism, it would be deeply damaging to society. It is not simply a question of rubbing salt in the wounds of the innocent victims and their families—although, if there were no other consideration, that would be a reason why Amendment 172 needed to be proposed and supported completely. But, as the noble Lord, Lord Dodds, indicated, it goes beyond simply dealing with the legacy of the past; it is about the implications for the future and the present day.
We have a generation growing up who did not experience the Troubles but who are clearly susceptible to the message that there was no alternative to violence in the past and that terrorism could be justified today and into the future. That is not simply an academic concern or one that might be moot. We have seen dissident organisations sucking in those young people to be directly involved in terrorism. That is the real danger for the future. Let us send out by this legislation, or at least through these amendments that we are putting forward, a very clear and unambiguous statement: there was always an alternative to violence. That is why, throughout the entire history of the Troubles, there was never a majority in either community for violence; it was opposed by the ordinary people throughout, and it was a minority on both the loyalist and republican sides who engaged in that terrorism and the wickedness and pain that it caused. It is critical that we send out the clear message that there was no justification for terrorism and that there was always a democratic alternative.
Allied to that, we cannot be ambiguous about those who went out to perpetrate the evil of terrorism, from whatever side they came, and those who were the innocent victims. Therefore, it is right that we draw this distinction, which is in line with some changes that the Government have made in other spheres. That is why Amendment 173 is also critical.
It is also the case—and why I welcome the amendments of the noble Lords, Lord Godson and Lord Bew, and the noble Baroness, Lady Hoey—that, overall, it is critical that memorialisation is approached with academic rigour and diversity, and a balanced approach that provides a fair and accurate summary of what happened. Again, if this is a one-sided process or one that in some way gives some level of light to those who would argue for violence in the past, it will do irreparable harm. Therefore, the academic approach that needs to be taken is critical.
I have a good deal of sympathy for the amendment of the noble Lord, Lord Godson, on an overall tone in regard to the Troubles. One thing that has struck me as a former Education Minister is that, unfortunately, at times, we see the ignorance of history. We see young people who simply do not know what happened. It is therefore important that we educate people in a neutral and fair way. There is no doubt that there are contested opinions and views as regards Northern Ireland but there cannot be contested facts. That is why we need to approach this with a level of academic rigour, and that is why I welcome the amendments.
Finally, there is an iterative process to be done, particularly with victims’ families, regarding memorialisation. It may well be that, as part of that process, there is the gathering of an oral history of the stories of the Troubles. It is important that people are able to do that through organisations with a good track record of fairness and balance, and organisations which we can trust. I declare an interest as a member of the Linen Hall Library, which for many years has taken a wide range of views and worked with all parties on reflecting the troubles in a fair and historic manner. It is a role that the library and others can play. We need to make sure that that is not one-sided or biased in any way, and in particular that we draw a clear-cut distinction between, on the one side, the vast majority of people in Northern Ireland who simply wanted to get on with their lives and the victims, and, on the other side, the perpetrators.
My Lords, I support all the amendments in this group, in particular those in the names of my friend the noble Lord, Lord Dodds, the noble Lord, Lord Godson, and the noble Baroness, Lady Hoey. This is an important issue. The last time we were in Committee on the Bill, the noble Lord, Lord Eames, was speaking about reconciliation, and we spent some time on that. Reconciliation will come only if there is an understanding that the things that happened in the past in Northern Ireland were wrong. To do that we need a factual history, because there has been a lot of rewriting of what has happened in Northern Ireland over the past 35 or 40 years.
Just this week, Gerry Adams was reported to have spoken in a podcast to Rory Stewart about the attempted murder of Baroness Margaret Thatcher back in 1984. When he was challenged by Rory Stewart about the violence, Gerry Adams said, “We never went to war, you came to me”. That is a skewed view of what happened in Northern Ireland in the 70s and 80s but a predictable source of rewriting of what went on at that time. But sometimes we have unpredictable sources of rewriting. It was distressing, not just for victims of terrorism but for many of us living in Northern Ireland, to hear the current Secretary of State, in an address to Queen’s University at the 25th anniversary event that the noble Baroness, Lady Hoey, mentioned, refer to Martin McGuinness, a self-confessed IRA commander, as a man of courage and leadership. That was astonishing, and many victims voiced their opinion and distress at those comments. Ann Travers, a victims’ advocate whose sister was murdered by the IRA on her way home from mass, said that those comments insulted innocent victims of republican terrorists. And so it continues, this rewriting of what actually happened in Northern Ireland.
Last year, we had the putative First Minister of Northern Ireland, Michelle O’Neill, telling us that there was no alternative to the violence that happened in Northern Ireland—no alternative to terrorism: that there was no alternative to the bomb in Enniskillen in 1987, when people went to remember the dead of the World Wars; that there was no alternative to the attempted murder of my friend the noble Lord, Lord Dodds, when he visited his son in hospital; that there was no alternative to placing a bomb on the bus that I was going to school on because the man driving the bus was a part-time member of the Ulster Defence Regiment. What about the alternative to lying in a hedge and waiting for police officers coming home from their day’s work, only to murder them as they stepped out of their cars?
(3 years, 6 months ago)
Lords ChamberMy Lords, these amendments relate to Clause 18 and immunity from prosecution. Those provisions are profoundly flawed, as was stated just two weeks ago by the Committee of Ministers of the Council of Europe, which condemned the immunity provisions.
This group of amendments is described as relating to glorification. They seek to ensure that a person seeking to avail themselves of the immunity provisions that we have discussed, as the noble Lord, Lord Dodds, said, is not engaged in activity which precludes reconciliation. For that reason, I support all the amendments from the noble Lord. We have seen a whole range of activity which undermines attempts at reconciliation on both sides of the community and activity referring to past atrocities and glorifying those involved. The noble Lord gave a very graphic example in South Down.
I think also of the murals, in particular one in north Belfast that I regard almost with terror; it depicts two hooded gunmen who say, “Prepared for peace, ready for war”. It is a declaration of war and has stayed there regardless of all the attempts at promoting reconciliation. Many of these murals have been painted over, but some very deliberately have not. The problem is that there is nothing to be glorified in shootings, bombings, torture or exile. We all know that what results from those is pain, trauma and terror that sometimes lasts a lifetime.
I have worked with people who were at some of those incidents, where gunmen arrived to shoot somebody in a workman’s hut, or something like that, and 20 or 30 years on they still live in terror of those who came, because they did not get shot dead and others did. So I do support those amendments.
I have put my name to Amendment 167 in the name of the noble Lord, Lord Murphy, because that seeks to prevent individuals who have been granted immunity from profiting from their conduct, in relation to the offence for which they might be granted immunity, through empowering the Secretary of State to make regulations to prohibit such activity.
I have put my name also to Amendment 177, in the name of the noble Lord, Lord Dodds, which creates a new offence of glorifying terrorism. I think it could be quite difficult to prosecute and it may need a little fine-tuning. Perhaps the noble and right reverend Lord, Lord Eames, has indicated how we should approach this, namely by accepting the purpose of the amendment and agreeing on that.
For the moment, the immunity provisions themselves have been roundly condemned, nationally and internationally; there is no merit in them. I hope that, ultimately, your Lordships will reject not only immunity provisions but the Bill also.
My Lords, in terms of this group of amendments, I think most of us would be of the view that we do not regard the Bill itself as being acceptable, so this is not an attempt to turn something that is unacceptable into being acceptable, but there is, at least, a duty on us to try to make what improvements we can.
We do not agree with concept of immunity, but it is undoubtedly the case that, if there is some provision for immunity, it has to be on the strictest conditions. Therefore, provisions that are contained within these amendments, which rule it out in circumstances where somebody is preventing reconciliation or glorifying terrorism, is a step in the right direction. There is deep hurt caused to victims of terrorism and their families whenever they see those who have been engaged with terrorism glorifying it. I think this is not the intention of the Bill, but there is a danger that, if the Bill were to go through unamended, it could inadvertently facilitate these “terror tours” or “terror talks”, and unfortunately almost act as encouragement, because those who have previously been involved in those activities will feel they have a level of carte blanche to do that. It is important we do not see a rewriting of history.
It is also the case that the glorification of terrorism per se is wrong. It does not matter whether it is a glorification of republican or loyalist terrorism, or terrorism from another part of the world; it is deeply wrong. As others have said, this is not simply about the past; it is about the future also, and it is deeply concerning that at times we are seeing the casualisation of the celebration of terrorism, and the embracing of it, particularly by a generation who never experienced it.
I will give two recent examples which are not hearsay; one of them is on social media. Shortly after the Omagh shooting, police moved in to make arrests and they arrested a young man who was not even born at the time of the Good Friday agreement. Somebody videoed that occasion, when some of the neighbours were coming out and applauding the person as they were being arrested. That is deeply worrying. On another occasion very recently, a friend of mine sent me a screenshot of a product that is available not on some niche website or from a paramilitary-linked group, but from a mainstream, UK-wide online shopping facility. It was a card you could buy for £3.50. It had a picture of someone in paramilitary uniform, wearing a balaclava and a beret, and had the phrase “Tiocfaidh Ár Lá” on it. Underneath it said, “Happy Mother’s Day”, which is quite chilling. And that is the problem. We are, unfortunately, reaching a point where there is a normalisation of the glorification of terrorism, so I believe that these are important steps to take and I hope that the Committee can unite around these amendments.
My Lords, I rise briefly to support the amendments in this group. As someone who, like others in this Chamber, has been the victim of terrorism, it really galls me to see people who for a number of years did not do this—I think the fact that they left a space between the end of the violence and now is quite deliberate—and are now encouraging and romanticising what happened during those dark days of what are euphemistically called the Troubles.
(3 years, 6 months ago)
Lords ChamberMy Lords, I support the amendment in my noble friend’s name. I welcome some of the remarks of the noble Lord, Lord Bew. It is good to know that we have achieved such success with this agreement that we are at least better than Vichy France. That seems to be setting a very high bar, which fortunately enough we have overcome. I also say that it is abundantly clear, and I shall deal with this, that a lot of the problem around this is the issue of spin.
Anybody who takes even a cursory examination of the seven tests that the DUP put down will see that they are not met. Issues around the Act of Union, around the consent principle and around the democratic deficit, and even around the diversion of trade, are not met. Anybody, for instance, who takes time, post-Windsor Framework, to meet the haulage industry and hear it tell not only of the problems but of the many millions of pounds it is spending in anticipation of additional diversion once the grace period ends will see that that is not the case.
Like my noble friend Lady Foster, I was recently appointed by my party leader to the Windsor Framework panel. I should say, for the avoidance of doubt, because there has been a little misconception, that our job is to listen to what people are saying and to consult a wide range of groups. We are doing that. The situation is ongoing but soon to come to a conclusion. It is not, as has sometimes been alleged, some form of Star Chamber panel, or indeed intended to produce a recommendation. That may disappoint some who hear that news. Others, by the end of my speech, may be mighty relieved that we have not been given that role; nevertheless, that is the role that we are performing.
I want to concentrate, as discussions are ongoing, on the plethora of obfuscation, contradictory documents and oversell that have been the hallmarks of the Government’s approach since the signing of the Windsor Framework. Noble Lords will note that I do not accuse the Government of being deceitful on the Windsor Framework. To accuse this Government of being deceitful would be utterly ridiculous. We know, over the last number of years, that this Government, particularly in the other place, have been a paragon of virtue; they have held aloft the bright light of truth and probity, so no one could make any accusation of deceitfulness towards this Government stick. So, I will concentrate on the other aspects.
On obfuscation, mention has been made already that on the day, I think, that the Windsor Framework was reached, in another place the Prime Minister on a number of occasions said that if there was clarification to be given, he would give it. Yet, as my noble friend Lord Dodds said, a number of us have put down question after question on, for example, the 1,700 pages, the 300 areas of law, or the 3% that is claimed, and we have got, in terms of answers, no real clarification. And it is not simply in a parliamentary fashion: again, if you talk to people in the haulage industry, who are probably the people at the sharpest end of this issue—they are the people who, whatever happens, will have to implement what is there—they will tell you they have myriad questions, as indeed the noble Lord, Lord Hain, did today, that remain unanswered. Yet we see this statutory instrument pushed through very quickly, before we know what the answer to those is.
On the issue of contradictory documents, anybody who takes the time to read the Command Paper and the proposed EU laws will see myriad differences across a range of areas. Gerald Kaufman referred to the infamous 1983 Labour manifesto as the longest suicide note in history. This Command Paper may be the longest press release ever written, and it does not seem to bear a great deal of similarity to the EU text. At the end of the day, I do not know exactly where the truth lies, but it is not helpful to have these contradictory messages.
We have been faced with a level of oversell. As the noble Baroness, Lady Foster, said, a much better judgment could be made if it was put before us warts and all, for example on the green lanes. I am sure that noble Lords have experienced green lanes when going through airports unchecked and untroubled. The Command Paper tells us that the level of paperwork required to transport goods through the green lane would be the equivalent, for example, of that required to transport goods between Southampton and the Isle of Wight. Yet we know that information will need to be given, albeit a reduced amount, and customs declaration forms put in place; as time moves on, between 5% and 10% of goods will have checks on them; lorries will need to be sealed and their movements monitored, so they cannot move about. If the Government were arguing that this was a lighter-touch version of what was proposed, it would have some credibility, but it is an oversell to pretend that this is frictionless trade.
We were told in a government social media message on the significant issue of transporting guide dogs, one of a series, that things were now an awful lot easier and how wonderful it is that dogs can move from Northern Ireland to Great Britain. It is, but to make that claim is to say that we should be very grateful for being permitted, within our own country, to move pets about. Not only do many of us find that a bit offensive but it is entirely counterproductive from the Government’s perspective, because it builds up resentment in the psyche of the people of Northern Ireland over something that so obviously should be done.
In selling this deal, the Prime Minister came to Lisburn and said that not only would there be a level of advantage to it but that Northern Ireland would become
“the world’s most exciting economic zone”.
One can draw two conclusions from that. Clearly, it was tying in Northern Ireland to follow the rules of the single market and have access to it while having access to the UK market—effectively, being in a unique position. Either he was overhyping that in a desperate attempt to oversell it, or he genuinely believes it. If it is the latter, why is he not advocating a similar position for the whole United Kingdom? Many noble Lords who might take a slightly different view of Brexit from me would say that the whole of the United Kingdom should be in the single market, or it should never have left the European Union in the first place. We need to know whether the Prime Minister supports that view, because that is the logic of what he said in Lisburn—assuming that he is not simply trying to oversell it.
This brings me to the Stormont brake. For its provisions to be operable, there are a large range of hurdles to be overcome that might challenge even Sally Gunnell or Kriss Akabusi. The Secretary of State told us that the Government would be bound to veto anything brought forward from Northern Ireland, but there is plenty of wriggle room within that. If the Government were saying of the Stormont brake, “This is an opportunity for Members of the Assembly to raise issues and concerns”, that could be acknowledged as correct. However, it is not a Stormont veto. The problem with what the Government have said on this is that it is yet another example of overselling.
We want to make progress. We need the Government to deliver something that properly deals with a range of issues: to ensure that the consent principle, as enshrined in the Belfast agreement, and the internal market of the United Kingdom are properly restored; to deliver arrangements with frictionless trade, as the Government promised of the Windsor Framework; to make sure that there are effective mechanisms to ensure that Northern Ireland does not diverge economically from the rest of the United Kingdom and that those opportunities are still there; and above all—this is crucial to unionists—to ensure that the Act of Union is properly restored. Those are reasonable demands. We are being treated a bit like some distant province in the Roman Empire. However, these are not things that the mighty Caesar needs to deliver; they lie largely within the competence of the Government.
I mentioned Lord Trimble in my maiden speech. One of my earliest meetings with him, as a student, was as part of a team working with him on a publication he was producing to analyse the governance of Northern Ireland. Its title was Ulster—The Internal Colony. More than 30 years later, Northern Ireland is still being treated as a colony. Let us see not just words but action and legislation from the Government to enable proper progress, because what we have at the moment is totally inadequate.
My Lords, it is probably time to move on to the concluding speeches, as we have heard from every DUP Peer present. This has been a thoughtful and comprehensive debate. Like the noble Lord, Lord Lilley, I have agreed with bits of many speeches—although, I suspect, slightly different bits from the noble Lord—and it has shown some of the strengths and weaknesses of how we debate in this Chamber.
These Benches welcome the Windsor Framework and will vote against the amendment to the Motion if there is a Division. As noble Lords have said, the framework is not perfect—far from it. To quote the noble Baroness, Lady Foster, we would not have wanted to start from here. However, it is a significant improvement on the original Boris Johnson deal. Perhaps most importantly, I sincerely hope the Windsor Framework marks the beginning of a normalisation of our working relations with Brussels, as the noble Lord, Lord Robathan, said—a return to negotiation and constructive dialogue rather than the threats and bad faith that have characterised the last three years during the Boris Johnson and Liz Truss era. In that respect, I agree with the short but powerful speech of the noble Lord, Lord Lexden.
It is also welcome that, as a result of the negotiations, progress has finally been made on veterinary, sanitary and phytosanitary measures, which we have been calling for consistently from these Benches. The vote last week in the House of Commons was overwhelming: 515 to 29. Although it was nominally about the Stormont brake, which we are debating today, in reality it was a vote on the wider Windsor deal. It is in that spirit that I will focus my remarks today.
(3 years, 7 months ago)
Lords ChamberMy Lords, I join others in supporting this Bill, but particularly in adding my prayers and thoughts—and I believe that everyone in this Chamber is of a like mind—for DCI John Caldwell and his family, in connection with the despicable attack which took place last week in Omagh. It was an attack in front of children. DCI John Caldwell was making a contribution to the community and was horrendously injured. We are glad at least that he has survived this attack, and I am sure that all in this House pray for his full recovery. I join the noble Baroness, Lady Ritchie, and others, in saying not only that this is this fundamentally wrong but that violence, terrorism and the threat of terrorism have always been fundamentally wrong.
It is important that we learn the lessons of this attack. This House has spent some time dwelling on how we should deal with crimes of the past. The events last week show that crimes of the past have a deep resonance in the present and for the future. Every time a signal is sent out that in some way crimes of the past are to be treated differently from what happens this week, it gives a level of tacit approval, or at least acceptance, of what happens in future. We have seen this all too pointedly with this attack. Obviously, the police must do their job in bringing those people to prosecution. However, it is deeply disturbing that some of the suspects who have been arrested were born since the ceasefire and the Belfast agreement. There is a new generation which sees the prospect of using violence as something that is acceptable. Again, the signal was sent when we saw footage on social media of one of the suspects being arrested, in which his neighbours were applauding him as the police came to arrest him. Therefore, with regard to glorifying terrorism and how crimes are treated, we have to realise that the decisions taken have implications, not just in how we look at the past but in how we look towards the future.
As has been indicated, there are two main parts to the Bill. Dealing first with organ retention and donation, I welcomed the Government’s amendment in the other House, coming as it does after a similar amendment was tabled by the three main constitutional parties from Northern Ireland that are represented in the House of Commons. As my noble friend Lord Dodds has indicated, at one stage there was an unfortunate attempt to use this issue as some form of leverage. I am glad that has been abandoned and that the Government have seen sense by bringing those amendments forward. As my party and others have said, the key issue is: what is the route by which this can be achieved in the quickest possible fashion? It was always the case that attachment to legislation such as this was the quickest and easiest way of bringing this about.
There has never been a consensus on the broader issue of how best to achieve the maximum amount of organ donation. At one stage a few years ago, clinicians disagreed on the best way forward. I have always wanted an organ donation system which worked best, and have always been supportive of the sort of legislation that Dáithí’s law has brought about. I believe that I am the only member of this House who, in the Assembly, voted in favour of Dáithí’s law, which was supported by all the parties of the Assembly. Like many within this House, I am sure, I have a long-standing commitment to organ donation. I am an organ donor, although as years pass by the desirability of my organs may reduce—and I may not be unique in this Chamber on that. Nevertheless, taking action which has the maximum amount of help for those waiting for transplants is something which is deeply responsible, and us supporting this piece of legislation means that this is a good day. It is a tribute to Dáithí and his family, and to the work that they and others have done to bring this about.
The other aspect of the Bill relates to the date of any future Assembly elections. I welcome this as a level of common sense. I have seen that some cynical commentators have said that the Government have put this on the long finger for a year because they may be concerned about the results of an election. I scorn such cynicism, and I know that that would never have entered the Government’s minds. If it had, perhaps they would be restoring the 19th-century practice of having Parliament run for seven years, with the prospect of putting off an election—but I do not want to put ideas into any Ministers’ heads.
Nevertheless, this is a sensible measure. At a previous debate, when we were effectively renewing this on a six-weekly basis, I remember that the noble Lord, Lord Murphy, highlighted with a certain level of scepticism that, while he was in favour of the short postponement, he questioned whether it was really likely to sort everything out in such a short timeframe. I believe that he was right: giving a certain level of space is appropriate. The Government did not simply get themselves in a position where they were effectively renewing the law every six weeks, but we also had the slightly farcical spectacle of the Government wanting to take us to the nth degree prior to Christmas and threatening that an Assembly election would be called at one minute past midnight, while the time passed by. I think that the Government have learned from that mistake. It is right that we give a little bit of space to ensure that we can hopefully see a restoration of government. I agree with the noble Lord, Lord Alderdice: as much as possible, I want to see the laws affecting Northern Ireland decided in Northern Ireland. That is one of the fundamental reasons that having 300 areas of law decided not in Northern Ireland or even at Westminster but by Brussels is fundamentally wrong. That is why we need to deal with the issues in front of us.
It is useful to give a certain amount of time to resolve things. However, that is useful only if that opportunity is taken by the Government and others to resolve the fundamental problems. Undoubtedly, the poison at the heart of our political system, which has been causing instability in Northern Ireland, is the Northern Ireland protocol. Probably in the next few hours, we will see what text has emerged from the deal by the Prime Minister and the European Union, and it would be wrong to prejudge that. But it is undoubtedly the case that any deal or any other way of resolving the protocol needs to deal with the key fundamentals. It needs to ensure that there is frictionless trade between Northern Ireland and other parts of the United Kingdom, and a restoration of the UK internal market; that democracy is restored; that our equal citizenship within the United Kingdom is restored; and, above all, that the Act of Union is restored.
To some, these concerns may seem esoteric. I appreciate that there will be some in this House for whom these are not matters of great conviction. But for any of us who feel our citizenship under threat, it is not surprising why we hold this so dear. The solutions which are required go to the very core of our existence, which is why we need to see resolution of those issues. It is how some would portray some of the concerns raised by unionists—and shared by all unionists, well beyond those on these Benches from the Democratic Unionist Party—but we are not seeking some fantastical solution or indeed perfection. In those basic demands, we seek a restoration of the basics: the basic rights of the people of Northern Ireland, and what is basically required to protect our future. These are not just for today but for five or 10 years’ time and into the future. In the hope that the Government grasp that problem and come forward with solutions that deal with all those problems is the hope that we can see a level of restoration, but that can be only when those fundamentals have been directly delivered. That is what we will judge this by. I believe that it is useful that we see the Bill passed today but, as others have indicated, it is only a means to an end rather than an end in and of itself.
(3 years, 7 months ago)
Lords ChamberI am of course aware of the case to which he refers. I do not think it would be appropriate for me, at the Dispatch Box, to comment directly on a case which is still live and ongoing. However, I do hear the comments of my noble friend very loud and clear and, as I said in response to the noble Baroness, Lady Foster, I will raise these issues when I next meet Ministers from the Irish Government.
My Lords, I join with voices from all sides of this House in welcoming this inquiry and pass my sympathy and thoughts to the families of this horrendous and heinous crime.
In response to a number of questions, the Minister has rightly indicated that the focus should remain: we must not be deflected from focusing on the perpetrators of this evil act. Will he agree also that, whatever direction the inquiry takes, it should not be exploited by some others to try to deflect that focus, either by turning the security forces into scapegoats or by trying to besmirch the bravery of their actions down the years in Northern Ireland?
I am grateful to my noble friend, who makes a very important point. Of course, the inquiry will be established and set about its work, which it will do thoroughly, and in due course a report will be published. My noble friend makes a hugely important point about the security forces. We all acknowledge that mistakes were made in the course of Operation Banner; I speak as somebody who helped to write David Cameron’s Statement in response to the Saville inquiry in June 2010. However, as I have always maintained, over the course of 30 years, over 250,000 people served in the security forces and the overwhelming majority did so with great bravery, distinction and restraint. I put on record again that, without the service and sacrifice of the Royal Ulster Constabulary George Cross and our Armed Forces, there would have been no peace process in Northern Ireland, and we owe them a huge debt of gratitude.
(3 years, 7 months ago)
Lords ChamberClearly, we do not want anybody in any part of the United Kingdom to feel like a second-class citizen. As I set out in my comments on the Northern Ireland Budget Bill on Tuesday, dealing with issues around governance and the democratic deficit, to which the noble Lord referred, are extremely important, and they will have to form part of a final negotiated agreement with the EU.
My Lords, we used to have a situation where there was a common citizenship across the United Kingdom and that every citizen of the United Kingdom was able to vote for representatives at either regional or national level who could set their laws. It is clear that the Supreme Court ruling yesterday has confirmed that that is no longer the case. As we rightly, as a nation, seek to propagate the values of democracy internationally, can the Minister tell us what message it sends to the outside world that we are tolerating a major democratic deficit in our own backyard?
As I just pointed out in response to his noble friend, the noble Lord, Lord McCrea, this is an issue we are seeking to resolve in the negotiations. I cannot really go into any detail at the Dispatch Box.
(3 years, 8 months ago)
Lords ChamberMy Lords, given the lateness of the hour, I will try to curtail my remarks. The Minister will be delighted to hear that I will try to ensure that he can finish proceedings on the Bill by midnight, or 12.30 am at the latest.
Much has been said about the amendment of the noble Lord, Lord Hain. Despite a certain amount of backpedalling by the noble Lord to try to appear even-handed, it seems to many of us a fairly thinly veiled, one-sided attack on the position of unionists. [Interruption.] I hear chuntering from a sedentary position; as I said, it was thinly veiled. The position, I suppose, stands in contrast to the silence over a three-year period with regard to Sinn Féin, and over a 40-year period regarding its allowances in the Palace of Westminster. If someone tried effectively to bribe noble Lords or threaten them with the removal of salary, I think all would have the integrity to say no to that. I say broadly on behalf of the unionist community that no unionist or other person of integrity will be bribed, blackmailed or browbeaten into reducing or giving up strongly and passionately held principles for the sake of a few pounds. There is a very clear message there. Frankly, the amendment is ill judged.
Drawing from the budget Bill itself, three lessons can be learned. First is the importance of political stability. If we have learned anything over the last 25 years and beyond, it is that political stability in Northern Ireland can work only when we have the buy-in of both communities. Frankly, that will not happen until we see the replacement of the Northern Ireland protocol. It is not simply a matter of tinkering around with the implementation of it but of dealing with the fundamental problems: the democratic deficit; the lack of accountability; and the fact that, from a divergence point of view, Northern Ireland would be tied into regulations which are not simply going to be a problem on day one but will get greater and greater as time moves on. That is not simply a constitutional threat; it will be economically damaging to Northern Ireland.
At the moment, Northern Ireland is effectively being treated as a colony of the European Union. I appreciate that there are many in this House who will take a much more optimistic and sympathetic view of the EU than many who would be sympathetic to my views. If, out of generosity, we take that at face value and believe that the EU is trying to operate in the best interests of Northern Ireland, a benign colony is still a colony. That is what we need to address with the protocol. It is disappointing that we are in this position because up to this point there have been missed opportunities and wasted time.
It is eight months since the First Reading of the Northern Ireland Protocol Bill. It is 19 months since the Government’s Command Paper on the subject. It is just over three years since the Government, in the restoration of Stormont under the NDNA, gave a commitment to restore Northern Ireland’s place fully within the United Kingdom and the UK internal market. We cannot afford a situation in which we have another facade, where we produce any form of deal, but one which does not solve the problems.
The second lesson to be learned in relation to the budget is that there is a dire need—not just in Northern Ireland; it is a wider lesson for the whole of the UK—for public sector reform. We have seen in Northern Ireland the proposals of the Bengoa report. Within education, I and my successor brought forward the independent review on education. It is important that we all have the political courage to reform public services. Sometimes that will be painful for us but the key goal is the best possible delivery for all our citizens. Against that, there is a caveat: public sector reform does not come instantaneously and quite often comes with a price tag upfront. It is not an instant solution but nevertheless we must grasp it.
The third lesson is that we need to see public services that are adequately and fairly funded. Against the backdrop of the cost of living crisis, public services are very much falling behind. Mention has been made on a number of occasions of how generously Northern Ireland is treated in its finances. The same point could be made about a range of regions. However, as I am sure that Scottish and Welsh colleagues will testify, the convergence that happens because of the Barnett squeeze means that the figure reduces each year. We have reached a tipping point in which the objective needs of Northern Ireland, and indeed of other regions, are greater than what is being provided in finance.
Nowhere is that more acute than in education. That is why recently all four main Churches in Northern Ireland and all the major educational sectoral bodies warned of the situation we were being put in and that the Education Authority is so concerned about where the budget will be for next year. It was quite foolhardy of the Government to seek £110 million of savings in a three-month period from the Education Authority.
The cost of living has hit education so hard because around 90% of funding for education goes on necessary wages. Whatever efficiency savings you make, you cannot have a classroom without a teacher in front of it. As pressure for wage inflation builds up across the UK, it increases the burden. Much of the rest of education funding is on statutory responsibilities and legal entitlements, such as special educational needs, school transport and free school meals. As such, the room for manoeuvre is very limited in education. To keep its head above water in recent years, education has had to rely on in-year monitoring rounds to plug the gap. With pressures applying more and more on other departments in Northern Ireland, that money is simply not available.
The Minister of State in the other House highlighted how generously education was funded and referred to the additional amount that Northern Ireland had compared to the rest of the UK. But let me give one statistic. We have a very young population in Northern Ireland, and the number of state school pupils per head is 26% higher than in the rest of the United Kingdom. That highlights the level of pressure there. I ask the Minister—and I ask for a written reply, given both the time and the level of detail—if he can directly outline from government figures the level of funding per pupil for each jurisdiction of the UK, the level of statementing for each jurisdiction and the level of SEN spend, which is a legal statutory requirement. Given the additional need, can he tell me the number and percentage of pupils on free school meals in different parts of the United Kingdom?
It is undoubtably the case that we are facing a very dangerous situation for education in Northern Ireland. Education is the driver of Northern Ireland’s future. It is key to the economy and to skills, but above all education is the one intervention in people’s lives that can make all the difference. It is a great game-changer for our children, and if we do not invest in our education we will be in a dire situation. I have outlined a range of interventions in this speech that will need to happen or else we will head into a terrible crisis—not simply for education but for the whole of public services within Northern Ireland.
(3 years, 8 months ago)
Lords ChamberI am grateful to noble Lords. When the noble Baroness, Lady Smith of Basildon, and my noble friend Lord Morrow were referring to the lack of members of my own party sitting behind me tonight, I could not help but reflect on the famous poster, with which noble Lords behind me at least will be very familiar, from the period of the third home rule Bill, with the caption:
“Deserted! Well—I can stand alone.”
Maybe, like Ulster in 1912, I have no choice.
I appreciate the sentiments behind these amendments. The noble Baroness, Lady Smith, referred to the fact that victims groups are not a homogenous group of people. People are looking for different things. She referred to her time as victims Minister. As I have said before, I have probably met more groups over many decades than any person, certainly any politician, who does not live in Northern Ireland.
Yesterday was the 51st anniversary of the events of Bloody Sunday. I vividly recall that, a few weeks after David Cameron responded to the Saville inquiry in June 2010, I went with the then Secretary of State to the City Hotel in Derry, where we met members of the Bloody Sunday families. It will not be any surprise that they did not all speak with one voice. Some of them thought that what had happened with Saville and David Cameron’s response was fantastic: “We can now move on and get on with the rest of our lives”. Others said to us, “It was fantastic, we really appreciate it, but now we want to see the next phase of this, which is prosecutions”. I have referred to the later time when it came to taking a decision on that. Another group—by far the smallest—said to us, “Well, the Saville inquiry did not finger Edward Heath, Brian Faulkner or the military top brass and so on, therefore it’s a whitewash and, 12 years and £200 million later, we need another inquiry”. So I was struck that, even on an issue such as that, where most people suggest that the Government got it right in June 2010, not everybody was satisfied and people wanted different outcomes.
(3 years, 8 months ago)
Lords ChamberMy Lords, this has been a powerful debate because, irrespective of their party-political affiliation, where they come from in Northern Ireland or whether they reside here in Britain, all noble Lords have a deep aversion to the proposition in this Bill to eradicate, in many ways, civil actions and to provide immunity. That is very much anathema to victims and survivors.
The Minister probably finds this Bill particularly challenging. In his previous positions over many years, he will have dealt directly with many victims and survivors in discussing the various iterations of how the Government, along with others, intend to deal with the legacy issues, because that is one of the outstanding matters of the Troubles era. However, having listened to the people from SEFF yesterday evening and to other victims over the past few weeks and months, many of whom I know personally, I know that they find that part of the Bill particularly difficult. They say that this Bill is irredeemable—a word that was used last week and has been used this week.
Looking at this group of amendments, I agree that Clause 18 should not stand part of the Bill. I also agree with Amendments 120 and 121, in the name of the noble Baroness, Lady Suttie, which probe the Government’s general definition of immunity from prosecution. Will the Minister say a few words about that? Clause 18 should definitely not stand part.
All these amendments deal with the immunity process, which, along with the denial of access to justice measures at the heart of the Bill, is very troubling for victims. What they want is the truth about what happened to their loved ones. The noble Lord, Lord Dodds, recounted the story of Pam Morrison. She told me last night about her three brothers and sister, who were heinously murdered in such a summary fashion. I know the Minister will be aware of the incidents in Loughinisland, where I have neighbours and indirect relations who were murdered, or executed, in a very summary fashion. These people were never involved in politics or anything like that. The way they were murdered impacts on the lives of their loved ones, because those people are no longer there; it is about the way that people decided to take them out of society.
I ask the Minister to talk to his colleagues in government, particularly the Secretary of State for Defence, who was in Belfast, as the noble Lord, Lord Hain, referred to, only a couple of weeks ago. He seemed to be very gung-ho about this legislation, with little cognisance of the needs of victims and survivors. The Bill provides for the granting of immunity from prosecution for gross violations of human rights on the basis of participation in the review process, through telling recollections. It does not specify whether those recollections have to be detailed or whether they can be scarce in their content. To many observers, including me, this legislation and this section on immunity are incompatible with the UK’s obligations under international human rights law, particularly the European Convention on Human Rights. This has already been referred to by the Northern Ireland Human Rights Commission, which has just written to our protocol committee about this issue.
There is no doubt that the threshold for this immunity set out in the Bill is low, with a requirement that information provided is true only to the best of the person’s knowledge or belief, and no requirement objectively to test that information against evidence. Can the Minister elaborate on this? To me, there is something inherently wrong in that. It shows a terrible fault line in this legislation and the need for the legislation not to be pursued.
Finally, the government amendments, including on penalties for lying, do not in any way attempt to make changes to this part of the Bill; I come back to the issue that there remain incredibly limited mechanisms for testing the veracity of accounts. The bottom line is that the government amendments would make no change to the immunity provisions. I ask the Minister to look at this matter, because the issue of immunity and the denial of access to civil action and inquests are causing grave concern to victims and survivors who thought they would be able to get truth recovery and justice—the very things they are looking for.
My Lords, in dealing with this group of amendments, as we have to, it is undoubtedly the case, as has been said on all sides of this Committee, that we cannot get away from the elephant in the room: no matter how good an amendment is put forward—I include the amendments I have added my name to—it cannot turn what is an unacceptable Bill into an acceptable Bill. I urge the Minister and his government colleagues to listen to the clarion voices from all sides of the Committee, from all sections of society within Northern Ireland and from all groups connected with victims that this is not the right way forward. At the heart of it is the completely unacceptable anathema of the immunity that the Bill proposes. I agree with the remarks of the noble Baroness, Lady O’Loan, and her call for Clause 18 not to stand part of the Bill.
However ultimately unamendable the Bill is in terms of its scope, we have no choice at this stage but to look at these amendments. It is a duty on all of us to make whatever improvements we can, however small, and at least try to take any step forward that we can, so I will touch on them briefly.
I welcome Amendments 120 and 121 in the names of the noble Baronesses, Lady Suttie and Lady Ritchie. Along with others, I met representatives of SEFF and have spoken to other victims’ groups as well. There is undoubtedly a deep sense of hurt and betrayal among victims. It is obviously not their biggest concern, but one of the concerns that adds to their hurt is a level of confusion and anxiety over the definitions of general and specific immunity. There is a lack of clarity around that. While this will not get to the heart of the issue, at the very least, can the Minister give us some clarity around that today? I would welcome these probing amendments if they can draw out that information.
I also welcome Amendments 112 and 124, brought forward by the noble Lord, Lord Hain, and others. To move from a position in which immunity is effectively compulsory to one which gives a much greater level of discretion to the commission is a sensible step forward. I think the scope of Amendment 124 has been accepted and government Amendments 139 and 140, dealing specifically with the issues around withholding information, move in a way that was not the case a while ago: at least there has been an acceptance that, if immunity is to be granted, it cannot simply be a one-off gift and that, where there are breaches, it can be revoked. That is an important principle as well.
We believe our Amendment 114 to be complementary with the provisions on the withholding of information or the giving of wrong information, because it gives a clear pathway for those prosecutions which the offence created in Amendment 139 can progress. The giving of false information or the withholding of information are of importance for two reasons. First, if we are to be stuck with this inequity of immunity, it should not be some form of tick-box exercise that anybody can qualify for no matter what information they give. Also, if there is anything to be gained from this at all in terms of truth—I very much share the views of the noble Viscount, Lord Brookeborough, that this whole process will be entirely counterproductive rather than helpful—one of the things that will aggravate victims is if the information provided is false, if they are given false hope and wrong information about the deaths of their loved ones.
Perhaps the noble Lord would like to ask the question of what information given to the commission by somebody seeking immunity will be made available to the victims. That is the point at which reconciliation breaks down—when the names of the other people involved will horrify most families, people who have never appeared on the radar.
That is an entirely fair and justified point. I look forward to the Minister responding directly to it.
Where revocation takes place, there is going to be a trigger mechanism that brings that about, as in the Government’s Amendment 125. I have a slight concern—this point has been raised by the noble Baroness, Lady O’Loan, and others in other amendments—about the length of time it takes for prosecution to take place and the amount of work required. That is why I think the wording of Amendment 126 in the name of the noble Baroness, Lady O’Loan, which is of a similar nature to the Government’s, is better. If false information has clearly been given, where immunity pertains and continues to pertain until we reach the final point at which there is a successful prosecution for that offence, we are giving a false and wrong position of immunity to perpetrators. I prefer the wording in Amendment 126.
I have one final point to touch on; again, I do not want to reiterate everything that has been said. Our Amendment 149, which would provide for the information on immunity to be made available to the court for a post-1998 serious offence to assist with sentencing, is important for a number of reasons. As somebody who worked as a lawyer in a previous life, as many in your Lordships’ House have, I know that when you are making a claim on behalf of a client, one of the critical elements in sentencing is looking at past behaviour and, in particular, the past criminal behaviour of that individual, to establish from the court’s point of view whether the conduct of that individual is simply a one-off or whether they have a long history of similar crimes. There is protection for the guilty party in that it does not come into play until the person is convicted and found guilty. That is along the lines of what we have put forward.
This effectively brings the situation for post-1998 offences and those who have been granted immunity into line with what happens under the normal law. That is important. As has been mentioned by the noble Lord, Lord Bew, there is already a history of corruption of justice through this process, which treats perpetrators of crimes from the Troubles in a special place compared to other criminals. That is wrong. It is morally wrong, and it should be legally wrong. It is also deeply offensive and hurtful to the victims. But it is not simply a question of the impact on the past and the present. It is about what message is sent out to the future. We are seeing already in Northern Ireland, and in other jurisdictions, an almost casual attitude among some towards the Troubles, in which trite phrases are trotted out such as, “There was no alternative to violence.” If we continue to perpetrate a belief that those who were involved in Troubles-related murders are in some form of special category—that they are not really criminals on the same basis as others who have committed heinous crimes—we send a signal to current and future generations that in some way this was acceptable, and therefore there is a greater risk of it being repeated in future. It would apply only where a post-1998 conviction has taken place, rather than within a trial, but it would be a small but significant step in the direction of normality for those who have committed that crime.
I commend the range of amendments that have been put forward, but—among many in this Chamber; effectively everyone who has spoken, I think—there is a consensus that this is not the way forward. The Government, beyond this set of amendments or any of today’s amendments, need to think again, pause and withdraw.
My Lords, apart from all else that has been said, this group of amendments takes the House to the substance of what is causing so much heartache, has united opposition and is destroying hopes of reconciliation back in Northern Ireland. The two words we have all used, “victims” and “survivors”, are very easy to use. When we really think about it, we are generalising in a way, which is doing immense harm to what those words mean. We are not speaking about some group that we cannot touch, hear or understand. We are talking about men and women who, perhaps two generations on in the same family, are feeling the repercussions of what we continue to call—and here is another word—the Troubles. We are talking about the need, somehow, to find a way—if this legislation is to have any use—to do something about the real faces behind “victims” and “survivors”.
I am sitting here listening to so much that has been said, and I am hearing other voices. I am hearing those countless voices I have ministered to over the years as a priest, a bishop and then an archbishop. I have listened to the service families, those who came out of their homes and, most importantly of all, those who, when off duty, came back into their homes in the very areas where they would be in danger. Can noble Lords imagine what that was like—the constancy of anxiety and thinking about the children? One child in particular, when I had performed the burial of her father who had been slaughtered by terrorism, tugged on my robes to draw my attention and looked up at me. As I looked down at this child—I can still see her—she said, “What have you done with Daddy?” That is the sort of human reaction we are talking about this evening. We are not talking about facts—“victims” and “survivors”. We are talking about ordinary, decent people caught up in a situation that I wonder whether we will all ever understand—its causes and consequences.
I have said publicly in this House, twice at least, that I feel so strongly for the position that the Minister is in and why he has tried to do so much to feel the tenor of what we are saying to him about this legislation. I plead with him to go beyond “victims” and “survivors” to the people who are actually asking this House and the other House to treat them as human beings. That is what they are, and they are at the centre of the need in relation to which this legislation is lacking.
(3 years, 8 months ago)
Lords ChamberMy Lords, I will speak very briefly on Amendment 33, and I commend the signatories to it. I ask the noble Lord, Lord Rogan, to convey our concerns and best wishes to Lady Empey. We wish her a speedy recovery.
I have a few brief remarks on the RUC, the RUC Reserve, the UDR and the Army. It is often forgotten that the RUC in particular stood between sanity and insanity, and more than 300 RUC members were murdered. It strikes me very often that their lives and the sacrifice they made are seen to be much less important than others, but I want to state in your Lordships’ House today that we appreciate and respect all that they did. As the noble Baroness, Lady Hoey, said, some people have used their lives to vilify what the RUC sought to do.
It was mentioned in an earlier debate that 60% of the murders committed in Northern Ireland were committed by republicans, 30% were committed by loyalists, and 10% were allegedly committed by the security forces. Of course, that is not correct; if you drill down into that 10%, you arrive at a figure of something like 2%. It seems to me that instances where the security forces were engaged are included in that 10%. On many occasions, they intercepted terrorists going about their business of murder and mayhem, but those instances are included in that 10%, so it is not accurate. I want to put that on the record here tonight. I have sought to do so on other occasions—
I thank my noble friend Lord Morrow for giving way. Would he agree with me that if we fail to put this on the face of the Bill and run the risk that former operatives of the RUC, the PSNI and the HET are barred from the ICRIR, we would be sending out a signal that, institutionally, we regard those organisations as being party to the conflict and that we would, in effect, be placing them on a parallel level and a par with the paramilitary organisations, given that the purpose of this is to investigate all crimes across the Troubles? That would send out a signal. If there is concern—which I think all of us share—about some who try to rewrite the past and justify what happened, this would send out completely the wrong signal. I suspect also that if there was a legal challenge in terms of a fair employment case, the provision would not survive that.
I thank my noble friend Lord Weir for making that very important and valid point. It would be absolutely disgraceful if, in any way, that happened. Former members of the RUC, and indeed some members of the PSNI, have also been on the receiving end of republican terrorism. I was delighted to hear earlier in the debate that someone, at long last—I must have missed this—has been apprehended for the murder of that young journalist in Londonderry, Lyra McKee. It is a known fact, or it is believed—I think the noble Baroness, Lady O’Loan, also made this point—that the bullet which took her life on that dreadful evening was meant for a police officer.
I sometimes think that noble Lords and others in this part of the United Kingdom do not fully comprehend and grasp what the security forces had to put up with over all those years. I say with some regret that there are a few of us, particularly on the unionist side of the community, who had very close friends—I have had them, in my family—who were blown up, but because they were members of the RUC, there was no other crime. That was the only crime. Thankfully, that particular friend survived, albeit with very serious injuries.
I ask your Lordships’ Committee not to shy away from talking about the RUC, which perhaps made the biggest sacrifice of over 300 of its serving officers. That must never be forgotten. Certainly, the law-abiding community, whether on the nationalist or unionist side, will never forget the sacrifice they made.