Northern Ireland Troubles Bill

Debate between Fleur Anderson and Alex Burghart

2nd reading
Tuesday 18th November 2025 Commons Chamber

[Alex Burghart]

I thank my right hon. Friend for his intervention; I remember that he made a similar intervention in 2017, and again in 2023, on just that point, based on the work his Committee had done.

The Secretary of State has now introduced a draft remedial order to eliminate those parts of the Bill that are deemed to be incompatible. As he knows—I have written to him twice on this subject—the official Opposition do not believe that that remedial order is appropriate, and certainly not yet. That is because earlier this year the Northern Ireland Veterans Movement was granted permission to intervene in the case of Dillon before the Supreme Court, specifically on the issue of compatibility. On 15 October that intervention was heard, and if those arguments are accepted, the Supreme Court has the power to quash the declarations of incompatibility.

That means that the Secretary of State has no legal basis at this time for that remedial order. He has acted—or rather, if he pushes it to a vote, he will be acting—ultra vires, because under section 10 of the Human Rights Act the Government can only issue such an order unless and until all appeals in relation to the declarations of incompatibility have been “determined or abandoned”. In this case, they have not been, and the Government must not call a vote on the order unless and until they have been. I hope that the Minister will offer some clarity on the next steps during his closing remarks.

The Conservative party has been clear: the European convention on human rights should no longer be considered an obstacle to doing the right thing. It is not a holy text, and its jurisprudence is forcing Governments to do unholy things. Since legal advice of the highest order has now twice shown that the United Kingdom can leave the convention without breaking the 1998 agreement, this is what the next Conservative Government will do.

The current Government have previously said that they have to legislate because the legacy Act did not have cross-community consent, but where is that cross-community consent today? It does not exist. If there had been a cross-community solution on legacy, Stormont would have found it. I suspect that no solution is to be found, which means it is the responsibility of this House to protect those now abused by the system. The Bill will fail to do that. It will not help victims to find out the truth. It will not give comfort to our veterans. It will reopen old wounds and allow infection to come in.

[Fleur Anderson]

The hon. Gentleman has talked about doing the right thing, but is not doing the right thing getting justice for over 1,000 families, including 200 veteran families, who have waited too long for answers about their loved ones? Putting victims at the heart of this process would be doing the right thing—getting on with legislation that will deliver the justice needed, instead of the delays and dithering that the Conservatives’ legacy Act provided?

[Alex Burghart]

With all due respect to the hon. Lady, who I enjoyed working opposite, the last Government did not offer delay and dithering; we offered firm legislation. What she outlines, I am afraid, is an unrealistic view of the future. We have seen many cases come forward and very few convictions, and the people who suffer in that process are veterans. They are veterans like the gentleman I referred to a moment ago, from a case in 1991—four years of investigation, with a ludicrous case at the end. What is happening today is that victims are being promised something that will never be delivered, and veterans are being told that they do not matter.

Draft Justice and Security (Northern Ireland) Act 2007 (Extension of Duration of Non-jury Trial Provisions) Order 2025

Debate between Fleur Anderson and Alex Burghart

Monday 9th June 2025 General Committees

[Fleur Anderson]

I thank Members for those contributions, which I will go through one by one.

The independent expert is currently being recruited. The UK Government and the Government of Ireland have agreed to appoint that expert, who will operate within the existing Independent Reporting Commission framework and be asked to undertake a scoping exercise through a broad programme of engagement to consider whether there are barriers to paramilitary disbandment that may need to be addressed through a formal process.

The expert will test levels of public support for any process that might be established to deal with those issues, and produce a final report within 12 months of starting that sets out what they have heard through their engagement and their assessment of whether a formal process would be useful. It is very much about scoping: there is no prejudgment about whether there will be a formal process; they will just consider it. The work to appoint that person is ongoing.

[Alex Burghart]

By when does the Minister hope to see that independent expert appointed—by the summer, the autumn or the end of the year? Can she give us a sense of how long the process will take?

[Fleur Anderson]

The process is now up to talking with potential candidates. We want the expert to be in place as soon as possible. I will not give a precise date, but I thank the hon. Member for raising that.

In 2023, the Director of Public Prosecutions issued 20 certificates for non-jury trials and refused three, and, in 2024, issued 17 and refused five, in line with the four conditions. I can provide further information on what the reasons were.

Respondents to the consultation who opposed the extension of the provisions felt that Northern Ireland should move towards normalisation of the criminal justice system by relying on alternative non-jury trial provisions in the Criminal Justice Act 2003. Some stated that non-jury trials are now treated as normal, with insufficient consideration given to challenging established narratives, and noted that there is a lack of evidence of jury intimidation due to the long-term existence of non-jury trial powers.

Like all Members present, we want to move to jury trials for all. However, in a small number of circumstances, we have decided to continue non-jury trials. We agree with all of those who responded to the consultation to say that they want to move away from that as soon as possible. That is why we will be looking at this issue for the next two-year period, if that is agreed to today.

I agree that the threatening and intimidation of journalists is a very serious issue for our democracy and for justice, and is therefore pertinent to our discussion today. I commend the PSNI on the progress that it has made to address journalist safety in Northern Ireland directly, including the appointment of journalist safety officers. We should support those measures and everything done to support journalists and their safety.

On the points made by the hon. Member for South Antrim, there are four conditions for allowing a non-jury trial. They are broad and cover a broad range of circumstances. However, the additional test of the risk to the administration of justice must also be met before the Director of Public Prosecutions grants a non-jury trial certificate. Since the provisions have been in place, the Director of Public Prosecutions has shown that he applies that statutory test stringently. As I said, certificates were not granted in five cases in 2024. However, that issue is pertinent and should be part of the conversation for the next two years.

On the oversight of Northern Ireland’s non-jury trial system, in the course of the renewal debate in 2017, when Parliament agreed to extend the non-jury trial provisions, the then Parliamentary Under-Secretary of State, Chloe Smith, committed to keep the provisions under regular independent review by requesting that the independent reviewer of the Justice and Security (Northern Ireland) Act 2007 include non-jury trials in their annual report. Recommendations made since then by the independent reviewer have led to more efficient engagement between the PSNI and the PPS, a reduction in processing times and improvements to the administration of the process. Again, this is a good discussion to continue with.

The Northern Ireland justice system is lacking a sentencing council, as the hon. Member for South Antrim highlighted. The justice system is devolved, as he will know very well, and the establishment of the sentencing council is a decision for the Northern Ireland Minister of Justice. In March 2025, the devolved Minister of Justice welcomed the allocation of additional public service transformation funding, which I hope will be a part of the whole story of addressing the need to speed up the criminal justice system and make the other changes needed.

List of Ministers’ Interests and Ministerial Code

Debate between Fleur Anderson and Alex Burghart

Monday 24th April 2023 Commons Chamber

[Fleur Anderson (Putney) (Lab)]

I thank you, Madam Deputy Speaker, and Mr Speaker for granting this urgent question. Last week, the Prime Minister saw a third senior Minister resign in disgrace, jumping because he was not pushed. Can the Minister confirm that the former Deputy Prime Minister, the right hon. Member for Esher and Walton (Dominic Raab), did break the ministerial code? Did the Government know of or approve his statements blaming the victims, which appeared before the official findings of the report? Can the Minister say whether he agrees with the brave victims who came forward for that report, or with the former Deputy Prime Minister himself, that unacceptable bullying and misconduct took place? Does he think that the former Deputy Prime Minister should apologise to victims?

We also saw the list of ministerial interests miraculously appear just minutes before Prime Minister’s questions. Can the Minister say whether the Prime Minister declared his financial interest in Koru Kids as a Minister and as Chancellor before he became Prime Minister? Will the Minister meet his own commitment to more regular updates of the ministerial interests list and put it on the same basis as the Register of Members’ Financial Interests, which is published fortnightly while the House is sitting? The Ministers’ list seems to be annual. Will the Prime Minister finally introduce an independent adviser with the power to launch their own investigations? Have all the recommendations of the Boardman review been implemented? How many of the recommendations from the Committee on Standards in Public Life report have been implemented? A recent audit by Spotlight on Corruption revealed that, 18 months after both reviews were published, just 7% of the recommendations have been implemented.

While the Government have been preoccupied with yet more Tory psychodrama, working people are still battling the worst cost of living crisis for a generation. Labour is focused on cutting the cost of living, cutting crime and cutting waiting lists with our long-term plan to give Britain its future back. Has not this past week proved beyond doubt that it is time for a Government laser-focused on delivering for Britain, instead of one mired in misconduct?

[Alex Burghart]

I will take the hon. Lady’s questions in reverse. This Government are absolutely committed to tackling the cost of living crisis. It is because of that that the Prime Minister’s No. 1 preoccupation is ensuring that inflation comes down. Without inflation coming down, we cannot have growth, and without growth we cannot have more money for our public services. The Labour party would do very well to support us in that endeavour, otherwise we will fall into exactly the same trap that it fell into in the 1970s, where unions chase pay, pay chases inflation and the economy cannot grow for 10 years.

On the point that the hon. Lady made about the Prime Minister’s declarations, I draw her attention to the remarks made by the previous independent adviser Lord Geidt, who said that the Prime Minister had been “assiduous” in declaring all his relevant ministerial interests in all his roles. The Prime Minister personally asked Lord Geidt to look into that, and Lord Geidt was satisfied, as, it must be said, is Laurie Magnus likewise. On her remarks about the former Deputy Prime Minister, my right hon. Friend the Member for Esher and Walton (Dominic Raab), I draw her attention to the fact that in his letter to the Prime Minister last week, the Deputy Prime Minister said:

“I am genuinely sorry for any stress or offence that officials felt”.

Oral Answers to Questions

Debate between Fleur Anderson and Alex Burghart

Thursday 8th December 2022 Commons Chamber

[Fleur Anderson (Putney) (Lab)]

We have seen in eye-watering detail this week the price the taxpayer pays when the Government lose control of procurement during a crisis and panic: billions spent on unusable personal protective equipment written off; millions spent on storing that PPE; and millions pocketed by greedy shell companies that failed to deliver. The Government have a responsibility to uphold basic standards and, especially in an emergency, to restore normal controls as soon as possible, so can the Minister explain why the Procurement Bill hands Ministers more power over direct awards than ever before?

[Alex Burghart]

The Bill sets out a new paradigm for public services to procure in this country. It will move us away from “most economically advantageous” tender to “most advantageous” tender. That means we will be able to take account of things such as transparency, social responsibility and fairness in a way that was not possible under EU legislation.