Northern Ireland Troubles Bill

Angus MacDonald Excerpts

2nd reading
Tuesday 18th November 2025 Commons Chamber

[Mr Paul Kohler (Wimbledon) (LD)]

Although I have not held this spokesperson role for long, I have met veterans, victims and survivors, academics and Members from across this House and the other place. Those conversations have been humbling and instructive, reminding me of the horror that Northern Ireland endured and the courage of those who lived through and served during the troubles.

I begin by recognising the Secretary of State’s work in bringing forward this Bill. Dealing with the legacy of the past requires legislation and practical action that the public can trust. I want to make it clear that the Liberal Democrats welcome the intent to repeal and replace part 2, and certain aspects of part 3, of the Conservatives’ failed legacy Act. That legislation was a profound misjudgment. It commanded no confidence in Northern Ireland, was opposed by every major party and placed the UK in breach of its human rights obligations. Not only did the Tories provide conditional immunity for serious troubles-related crimes, but they offended victims and—the shadow Secretary of State seemed to forget this—alienated veterans by appearing to equate them with terrorists.

This Bill rightly removes those provisions, ends immunity and restores the principle that no one is beyond the law. Clause 1 confirms that the Independent Commission for Reconciliation and Information Recovery will continue under a new name—the Legacy Commission—with reformed governance and functions. That recognises the need to rebuild the process to have one that the people of Northern Ireland can trust.

We support the Government’s intention to reform the commission, but expectations are high and confidence is fragile. Any effective legacy process must also ensure that the narratives of the troubles remain accurate and that victims of terrorism are neither forgotten nor morally equated with perpetrators. At the same time, they were victims of lawful, and occasionally unlawful, acts by the state, whose right to truth is equally important. Only a system founded on transparency, independence and fairness can command confidence across all communities, which previous actions, such as the letters of comfort issued to paramilitaries in the past, did so much to undermine.

Clause 3 sets out the Legacy Commission’s structures and functions, including investigating deaths and serious harm, holding inquisitorial proceedings, producing a full record of deaths and securing public confidence—a requirement I strongly welcome. It also establishes an oversight board to provide strategic direction and scrutiny, but with a board drawn from within the organisation, the real test of its effectiveness will lie in the independence and integrity of those appointed to lead the commission in the first place.

Clauses 4 to 6 give the Secretary of State power to appoint commissioners, directors of investigation and judicial panel members. Even with the consultation requirements under clause 9, that concentration of powers risks undermining trust. Appointments through the Northern Ireland Judicial Appointments Commission or a similar independent mechanism would surely strengthen public confidence. My concern is heightened as the Secretary of State also appoints the victims and survivors advisory group under clause 8. When one person controls both the commission’s leadership and its advisory body, independence is difficult to discern.

Turning to the fundamental issue of veterans protections under the Bill, those amount to the following. Unsolicited contact would be limited to official channels, which is clearly important. There will be an end to repeat investigations, but the undefined caveat of “unless it is essential to do so” leaves the scope unclear. Veterans will have the ability to seek anonymity, although a provision to that effect already exists under the Criminal Evidence (Witness Anonymity) Act 2008. Veterans will have the right to give evidence remotely, but there will not be a default presumption to do so. Veterans’ welfare will have to be considered, which is at best vague, and veterans will be represented on the ministerial advisory group, which while welcome does not in itself offer protection.

Veterans are surely right in arguing that this is not enough. This has implications not just for them, but for our current service personnel and potential future recruits. As the nine four-star generals who wrote to The Times last week made clear, the provisions of the Bill have profound implications for both service morale and future recruitment.

[Mr Angus MacDonald (Inverness, Skye and West Ross-shire) (LD)]

My family has served in the Army for many generations, including myself in the troubles in Northern Ireland, and indeed my son is serving now. We have seen and deeply admired the Army’s core values of courage, discipline, respect, integrity, loyalty and selfless commitment. Would my hon. Friend accept that the retired generals and the many serving friends of my son make an extremely pertinent point when they say that the Bill will negatively impact retention and recruitment in the British Army, and at a time when we are desperate to bolster our armed forces?

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Before Mr Kohler resumes his speech, let me say that we must keep interventions short. Many Members wish to contribute.