Supreme Court Dillon Judgment

Ben Obese-Jecty Excerpts

Thursday 14th May 2026 Commons Chamber

[Hilary Benn]

I have the greatest respect for the hon. Gentleman, but I do not accept his characterisation or that it is right to accuse the courts of weaponising anything. The courts looked at the case before them and reached a judgment, but the Supreme Court is the highest court in the land and, in the Government’s view, its interpretation of article 2 of the Windsor framework was right: the courts did not have the power to disapply the immunity provisions. That is separate from whether immunity continues to be incompatible—as it does—with the European convention. Secondly, I cannot think of any case where Government Departments are not following the law as it is and as we now understand it to be as a result of a very clear finding by the Supreme Court. That is why I have welcomed that finding on behalf of the Government.

[Ben Obese-Jecty (Huntingdon) (Con)]

The Secretary of State says that soldiers who complied with a lawful order have nothing to fear. I did not serve in Northern Ireland but I did serve in Iraq and Afghanistan. I know that if I were hauled before the courts to recount my actions from 20-odd years ago to acquit myself, I would be extremely worried about the pressure that would place on me and on my colleagues.

The Secretary of State mentions that there will be changes to the Bill. For those veterans who were not privy to those conversations, will he outline some of the actions that he is prepared to take to address the parts of the Bill that he is not content with, so that they can have a better understanding of how this might change going forward? Members of this House would like to understand what those amendments are likely to be.

[Hilary Benn]

I quite understand why the hon. Gentleman makes that point, and I thank him for his service on behalf of our country. It is right and proper that it is the House of Commons that sees the detail of the amendments first, and I give the House that commitment.

In addition to what is in the troubles Bill—the hon. Gentleman will see what it says—I have indicated that we are looking at the question of equivalence. The argument has been made strongly to the Government by veterans and others, and I accept it. As I have said at this Dispatch Box on a number of occasions, of course there was no equivalence between those who served the state to protect the people of Northern Ireland and those who were seeking to kill.

We are also looking at how the protections can be overseen to ensure that they work in the way that the Government intended, and at the extent to which both coroners and the commission take into account the circumstances under which those who served were operating at the time, including around things such as orders, instructions and so on. Understanding the context in which split-second decisions were made by those who served is very important to ensuring that there is justice for all.