Andy McDonald
Main Page: Andy McDonald (Labour - Middlesbrough and Thornaby East)Department Debates - View all Andy McDonald's debates with the Northern Ireland Office
(2 days ago)
Commons ChamberThe Northern Ireland Troubles Bill, which finished its remaining stages in this House yesterday, will deliver a reformed independent legacy commission with stronger disclosure powers that will be critical for families and victims seeking answers and access to justice. It will also repeal the immunity scheme and lift the bar on civil claims, which the previous Government’s Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 wrongly introduced.
First, I would say that the legal profession is a noble profession and that—[Interruption.] I am not sure I have carried the Conservative Front Bench with that line. If we are to uphold the rule of law, we have to make sure that lawyers are protected in their ability to defend people in the criminal justice system. The idea that everyone is innocent until proven guilty is fundamental to our system. That is why I think it behoves all of us to be careful about our language.
The Bill we passed last night gives the Attorney General of England and Wales the power to override decisions on troubles-related prosecutions, yet the Secretary of State told the House yesterday:
“This is not to take anything away from the prosecuting authorities in Northern Ireland or in Great Britain.”—[Official Report, 20 October 2026; Vol. 791, c. 1018.]
But that is precisely what the Bill does. The Attorney General could effectively overrule a decision by Northern Ireland’s independent Public Prosecution Service. How can the Secretary of State reconcile that with the 2000 criminal justice review that flowed from the Good Friday agreement, which deliberately removed political interference from prosecution decisions?
Let me be absolutely clear: there will be no political interference in any of these decisions. We think that it is appropriate—as was recommended by the Joint Committee on Human Rights, made up of Members from both our two Houses—that the prosecuting authorities in Northern Ireland and in England and Wales both come to their conclusions. We will draw up guidelines on how to deal with troubles-related issues that may follow on from the legacy commission. But in the end, the final prosecutorial decision is a very simple non-political one: whether it is in the public interest and whether there is more than a 50% likelihood of getting a successful conviction. I am glad that yesterday evening the Committee of the whole House agreed that without a Division.