Northern Ireland Troubles Bill Debate
Full Debate: Read Full DebateDavid Davis
Main Page: David Davis (Conservative - Goole and Pocklington)Department Debates - View all David Davis's debates with the Northern Ireland Office
(2 days ago)
Commons ChamberIt is good to see you in the Chair, Ms Ghani. Today, we will debate parts 1 to 5 of the Bill. I will speak to the amendments in my name and deal with some of those tabled by others that I shall be resisting, including those that amount to a motion that a clause should not stand part of the Bill.
First, I want to say how important it is that we achieve a balanced piece of legislation today and tomorrow. That is important because we need to get this right for the thousands of families who are still waiting for answers. It is important that the Bill is properly balanced so that anyone can seek answers, whatever their background and whoever the probable perpetrator. It is important, too, that it is balanced because all must be treated equally and all must have an equal chance of justice. That is the rule of law that we all adhere to in this country.
The package of amendments I have tabled seeks to achieve that balance. Some are, of course, technical, including Government amendment 143—the first amendment we are considering—which removes redundant words, but others are more substantive and in many cases respond directly to matters raised in previous debates or amendments tabled by other hon. Members. In the interests of time, I shall primarily deal with those more substantive matters under three main headings.
I have not even got to my headings yet, but, as the right hon. Member knows, I am fond of him.
Our exchanges on fondness will get the Secretary of State into trouble. He talks about balance; who has that balance or who governs that balance is important. Will he tell the Committee how many of the substantive amendments were either shown to or discussed with the Irish Government before they were brought to the Committee?
I have not shared a single amendment. I have talked about the broad thrust of some of the amendments with some members of the Irish Government, but I have not shown any of the amendments to anybody in the Irish Government. I think the first they ever saw of the amendments was when they were tabled in this House and appeared before everybody else. On occasion, as part of the consultation with various special forces groups and others, we have, of course, talked about some of the broad issues. I have wanted to consult as widely as I possibly can, and in some of those instances, we showed some draft amendments to, I think, the Special Forces Association and to some of the generals and others, but we certainly have not done that with any other Governments.
The first of my three headings is improving the process for victims and families, including through further changes to the commission. The second is ensuring we have the strongest possible safeguards in place for our former service personnel. The third is addressing concerns about repeat investigations and the importance of compelling new evidence.
First, we must ensure that the process for victims and families is open, accessible, efficient and effective. Much has been learned in recent years from Operation Kenova and other investigations. The legacy commission must be able to command the respect and confidence of all families. That is why the Bill strengthens the commission’s investigative powers, improves the disclosure regime, puts in place new conflict of interest duties, allows for public hearings in certain cases, and creates a new victims and survivors advisory group. It is why the Bill repeals the immunity scheme—which has been rejected across communities, and to which we shall return tomorrow—and it is why we must secure information sharing arrangements with the Irish authorities.
The term “vexatious claim” could in itself be argued to be vexatious. A phrase that I have used a couple of times is “rinse and repeat”. I will come to that a little later. I am keen to ensure that nobody is subjected to being brought back time and again to face the same kind of process.
Much as I am fond of the right hon. Gentleman, I need to give way to the hon. and learned Member for North Antrim first.
I will finish this point and then I will come to the right hon. Members for Goole and Pocklington (David Davis) and for New Forest East (Sir Julian Lewis).
Our new clause 32 also recognises, as the hon. and learned Member for North Antrim has just said, the operational context in which veterans served and the circumstances in which they needed to make decisions in deploying the use of force so as to prevent harm. This includes recognising the orders they were given, the intelligence briefings available to them, and the age, experience and training available to many of those soldiers.
The Secretary of State, with every good intention, talks about preventing “rinse and repeat”, yet the moment we introduce this situation into a coroner’s inquest, the opportunity for judicial review arises—multiple stages of judicial review. As we have already seen with inquests, “rinse and repeat” cannot be stopped, so a soldier may be going through three or four judicial processes, all of them painful, whatever the Government say.
I am conscious of judicial review, not least because my decision on Drumcree is presently being judiciously reviewed. [Interruption.] I meant to say judicially reviewed—whether it is judicious is a matter for the courts to decide, not me; I am not challenging their authority.
We have to be clear about what judicial review can and cannot do. It is about the decision of the state authority that is being investigated, not the decision of the individual. That is a really important distinction to make.