Northern Ireland Troubles (Legacy and Reconciliation) Bill

Debate between Bob Stewart and Peter Kyle

Committee stage
Wednesday 29th June 2022 Commons Chamber

[Peter Kyle]

I am grateful for the hon. Gentleman’s intervention, as always. We recognise that service personnel were victims too, including the 722 service personnel killed by terrorist actions during the troubles. I put on the record yet again that we cannot forget the service they provided. They must have justice. Many of them and their families remain without the justice they deserve.

[Bob Stewart (Beckenham) (Con)]

Victims also include service personnel who have been repeatedly pulled up before the courts. We have not made that clear so far in the debate, but I want to do so now. There are many servicemen—and some servicewomen, perhaps—who are still suffering. They are victims too, because things have not been cleared up for them. I hope this Bill will sort that out.

[Peter Kyle]

These were issues that dominated the debate on Second Reading. I know there are people here with lived experience, including the right hon. Gentleman himself, an honourable and gallant Member of this place, and that there are speeches to follow from both sides of the Committee that will encompass that. Believe me, among Members on the Opposition Benches our respect for the service of those he mentions is enduring.

--- Later in debate ---

[Peter Kyle]

I am always grateful for the hon. Member’s considered and sincere interventions. He will sense my frustration that it has come to this moment in time. In effect, he is asking me to play the role of Government party managers, Front Benchers and Ministers, who should have been considering the issues and discussing and debating them with Front Benchers, Back Benchers and the party way in advance of today. I have been designing solutions to the problem based on the work of the hon. Member’s Committee and involving victims, and it has not been done in secret. I might add that it has involved doing the hard work of going through previous legislation to see how the exact same issue has been overcome in other circumstances. We have several more hours of consideration on the Bill, so I think that we have plenty of time to come to an agreement, but it needs to be rooted in amendment 115.

[Bob Stewart]

Will the hon. Member give way?

[Peter Kyle]

I will ventilate my argument and then of course give way so that the right hon. Member does not encourage me to say something that I am already about to say—I fear that might be the case.

On Second Reading, I raised the warnings from experts that the Bill would allow immunity to be granted to rapists and other sexual offenders. During the debate, Ministers insisted that that was not the case. Since then, we have had months of Select Committee evidence hearings where multiple witnesses confirmed that the Bill would allow immunity to be granted to perpetrators of sexual offences committed as part of the troubles.

Daniel Holder from the Committee on the Administration of Justice and the model Bill team clearly stated:

“Our interpretation of the Bill as it stands is that it does not exclude sexual offences. They are included in the potential amnesty/ immunities scheme, which, as you will know, is pretty much unheard of in international practice—torture as well. We are aware of the argument that has been made by another Member of Parliament that they are not Troubles-related offences and therefore they would not be included, but that, in itself, is problematic, to deny that sexual violence was part of the Troubles, as it very clearly was.”

I heard that—I was watching—and Ministers and officials would have been watching as well. That needed to be considered before the Bill got to this place.

Other witnesses from the Northern Ireland Human Rights Commission and the Victims’ Commissioner echoed that exact view. I do not believe for a second that the Minister fails to take this issue incredibly seriously—I know that he does—and I am certain that he wants those who committed acts of sexual violence during the troubles brought to justice as much as I do.

I want to explain for colleagues’ benefit exactly what our amendment 115 would do. It is simple and straightforward. It reads:

“Clause 18, page 17, line 7, at end insert—

‘(12A) But certain offences of sexual violence listed in Schedule (Exempt offences) must not be treated as within the scope of immunity from prosecution.’”

The schedule of offences is based entirely on the Overseas Operations (Service Personnel and Veterans) Act 2021. As many Members will know, that Act went through exactly the same kind of debate that we are having now, with the Government refusing to include the amendment and then suddenly, at the last moment, realising there was a problem and tabling the amendment that they wanted themselves.