Northern Ireland Troubles Bill

Alex Ballinger Excerpts

Monday 19th October 2026 Commons Chamber

[Dr Murrison]

I do not expect the Secretary of State to comment on special forces, but I do suggest that he look at special forces specifically, which is what I was talking about earlier. If he wants to heap laurels on me, as a former Minister for defence people, since these things take a very long time, I am perfectly happy to take some of the credit. I am grateful to him for that, but I do not think that it was the intent of his remarks.

My question to him was about clause 4(2). He satisfied me in relation to the directors of investigations, but it is the commissioners about whom I am concerned. I think that, unwittingly, he may have conflated the two, and I should be grateful if he could clarify that for me at some point.

Government amendment 259 and new clause 34 concern, respectively, commissioners and members of the victims and survivors advisory group. There is a mandate that commissioners cannot have been convicted of an offence “anywhere in the world”. That needs a bit of further thought, because in some parts of our benighted world today, people are convicted by jurisdictions for which I do not think we would have a great deal of respect. When I was a Minister in the Foreign Office, I dealt with Nazanin Zaghari-Ratcliffe, who was convicted and imprisoned falsely—but convicted nevertheless—in such a jurisdiction. I feel that we may need to revise the wording, either here or in the other place, to be clear about the Government’s intent. Neither is there any mention of the rehabilitation of offenders. New clause 34 does at least place a limit of three months on a custodial sentence for members of the advisory group, but I think that this part of the Bill needs a bit of redrafting so that it makes more sense.

Government amendment 162 touches on the provision of information via a remote link, which is a positive, but it also provides a get-out for inquisitors in the form of an impracticability test. What I am not sure about, and what I seek clarification on, is what circumstances would make it “impracticable” for a person to provide information through live audio or video links.

Comments have been made about the part that the Irish Government play in all this through the framework agreement. There is a lingering suspicion that Dublin has had an undue influence on the Bill, and we have heard—particularly in relation to Omagh—why that should be. I entirely accept the Secretary of State’s assertion that the Irish Government have not been involved in the drafting of the Bill, and, indeed, had not seen the amendments before their publication, which is reassuring. However, it would be useful to know when the Secretary of State expects the Irish Government to implement, through their legislative channels, the reciprocal arrangements that are necessary to provide some chance of recovering information that may be sequestered in the Republic. As the hon. and gallant Member for Birmingham Selly Oak (Al Carns) has pointed out, that repository is likely to be vast. Up to this point it has been untapped, and until it is tapped, questions will be asked about the candour of Dublin in trying to provide answers to many of the problems about which we have heard today.

The hon. Member for Foyle (Colum Eastwood) was right to say that this is all about victims. It is also about veterans, many of whom I have the honour and privilege to represent. There must be a way through this that will satisfy both parties, even through the prism of so many years. There is a wall of misery associated with the troubles, and it is our job to do what we can to remedy that, difficult and imperfect though the process may be. I appreciate the Secretary of State’s endeavours—he approaches this matter in good faith, as did his predecessor —but I fear that what we have at the moment simply will not do.

[Alex Ballinger (Halesowen) (Lab)]

I thank the Secretary of State for the constructive way in which he has approached the Bill since he was appointed. He has built on the good work of his predecessor, my right hon. Friend the Member for Leeds South (Hilary Benn), who is no longer in the Chamber but who gave a powerful speech about why the Bill is so important for victims as well as others who are affected. I think that it should reassure veterans that the process of repeated investigations is coming to an end, and it should give survivors and the families of victims—many of whom are soldiers and police officers themselves—a stronger route to finding answers, and a route to justice for crimes committed during the troubles.

I want to speak about the new protections for veterans, and about why I think they address the real concerns of those who were worried about repeated investigations. I also intend to mention concerns that victims groups have raised with me about their privacy and the anonymity of the process.

Let me deal first with the additional protections for veterans. I know how difficult it was to serve in Northern Ireland. The hon. Member for South Shropshire (Stuart Anderson) spoke powerfully about the difficulties that those veterans faced. I did not serve there myself, but I worked alongside many soldiers and Marines who had, and some of them told me that it was more difficult to serve in Northern Ireland than in Afghanistan because of the complexities of the environment in which they were operating. We should accept that, and we should thank the veterans, including those who were in the Gallery earlier, for the service that they gave. I think it right for the new legacy commission to consider that.

I strongly welcome new clause 32, which requires the commission or any inquest to take into account the context in which soldiers are operating. It is now made explicit that training, experience and perceived threats, among other factors, must be considered by the commission in any inquests. I also welcome the statement in the new clause that the investigators

“must not regard lawful action taken in the course of duty as equivalent to action taken for terrorist purposes.”

Many people have made that point, and it is important for it to be in the legislation.

However, the biggest concern that I have heard about from veterans in Halesowen and veterans groups across the country, as well as many Members, is about repeated investigations. Under the existing legislation, soldiers have been worried about being asked to come back time and again to go over evidence that they have already given. Government amendment 192 directly addresses that by requiring the director of investigations to consider what information can be obtained from public authorities before unnecessarily duplicating work. That adds to the Bill’s existing protections against the duplication of previous investigative work.

When I discussed the veterans’ concern explicitly with senior members of ICRIR last week, they told me that many of these cases have been investigated in the past. There have been many inquests and other cases in which veterans have been accused of crimes, that more than enough evidence is already available in public bodies. They did not believe that the case of any veteran under investigation would be taken forward by the legacy commission under this new legislation, and I think that veterans should take reassurance from what has been said by the people who are involved in conducting these investigations.

At the same time, there have been improvements in evidence collection—for example, through DNA or technical evidence—since the 1970s and 1980s, when many of these crimes were committed. We know that ICRIR is examining the links between different types of evidence, looking at, for example, the campaign of bombings in England during the 1970s: the M62 bombing, which was mentioned by the hon. Member for Foyle (Colum Eastwood), and the Guildford pub bombings and others. The commission thinks that there are connections that may lead to further investigations that might give answers to some of the victims. We should bear in mind that many of those victims are family members of servicemen who were killed in England.

ICRIR felt that, on occasion, veterans who were witnesses to those crimes might be asked to give evidence to the commission to add value to the new evidence that is coming forward. I think veterans would appreciate that, because they would be giving evidence that might give answers to the family members of their colleagues who were killed by terrorists. That is something that the commission is doing correctly. Indeed, it is protecting veterans while at the same time getting answers for victims.

There are other welcome amendments and new clauses. Government amendment 162 allows witnesses to give remote evidence, meaning that they would not have to travel to Northern Ireland, while Government new clause 45 and Government amendment 240 ensure that veterans will not be approached by the commission directly, so there will be there are no cold calls. I know that that was a big concern.

Although there are many improvements to the protections for veterans, some veterans’ groups have said publicly in the last few days that they still do not feel that the Bill goes far enough in providing those protections. The protections give a lot of support against repeated investigations, but there needs to be a backstop to ensure that they are working properly. That is why I am really pleased that new clause 53 requires, within two years, an independent review of whether the protections will give veterans the safeguards that they need against repeated investigations.