Northern Ireland Troubles Bill

Desmond Swayne Excerpts

2nd reading
Tuesday 18th November 2025 Commons Chamber

[Sir Desmond Swayne (New Forest West) (Con)]

How confident is the Secretary of State that his provisions for preventing compensation for interim custody orders will withstand challenge in the courts, and would the Government’s case be undermined in any way by their decision not to challenge the original ruling in the High Court?

[Hilary Benn]

If the right hon. Gentleman will bear with me, I shall come to his question a bit later.

Crucially—this is something that the House has to recognise—the 2023 Act failed because it did not command any support in Northern Ireland among victims and survivors, or the political parties. That was no basis for progress or reconciliation. That point has to be acknowledged. One of the principal reasons for that lack of support was the Act’s attempt to offer immunity from prosecution, including to terrorists who had committed the most appalling murders. [Interruption.] The hon. Member for South Suffolk (James Cartlidge), who is intervening from a sedentary position, needs to go back and read the legislation that his Government passed. I have it here. Immunity was a false promise. It appeared to offer soldiers something that was completely undeliverable. The measures were never implemented, and were struck down by our courts. Families who had endured unimaginable suffering through paramilitary violence were simply not prepared to see those responsible given immunity.

--- Later in debate ---

[Sir Desmond Swayne]

Even if the Supreme Court had opined on the matter and judged it to be incompatible, that would not have changed the law. This House is not required to respond in any way to a declaration of incompatibility by a court. This House remains supreme.

[Alex Burghart]

As ever, my right hon. Friend is entirely correct. The courts have no power to strike down statute; they can advise this House to remove legislation.