Northern Ireland Troubles: Legacy and Reconciliation

Debate between Fleur Anderson and Hilary Benn

Wednesday 17th December 2025 Commons Chamber

[Hilary Benn]

I have many meetings with Irish Ministers and discussions with the Tánaiste and the Taoiseach. My most recent meeting was with Helen McEntee, who has just taken over from Simon Harris at the Foreign Affairs Ministry. I very much welcome the fact that the Irish Government have announced that they are preparing to draft the legislation, as Simon Harris had committed to do while standing next to me, in time for the next hearings of the Omagh bombing inquiry. That is evidence that the Irish Government intend to fulfil the commitments they made in the joint framework.

[Fleur Anderson (Putney) (Lab)]

I commend the Secretary of State for the care that he is taking to work as fast possible for the victims, survivors and veterans families, who need to hear answers, while making sure that this is legally correct. I echo the comments about the South East Fermanagh Foundation quilts, which remind us of the need to get those answers for families. Can he confirm that he is as concerned as I am that the Opposition are just interested in making political points rather than really building peace, which is what we need to do together as Members of the House? Will he confirm that the remedial order removes what would have been immunity for terrorists?

[Hilary Benn]

I think that all Members of the House have a shared commitment to trying to ensure that the peace that Northern Ireland has enjoyed since the signing of the Good Friday agreement is maintained—I think all of us do. We have a difference of view in some respects about the right way of seeking to do that, and I am always willing to be challenged on the arguments that I put on behalf of the Government and to challenge the arguments that I hear from the Opposition Front Benches. In the end, we know that we have to deal with this, because the last bit of legislation, whatever its intentions, failed to achieve its purpose. It did not command support in Northern Ireland, and that is why we have to make progress.

Northern Ireland Troubles Bill

Debate between Fleur Anderson and Hilary Benn

2nd reading
Tuesday 18th November 2025 Commons Chamber

[Hilary Benn]

I do not agree with that assessment. There is nothing in this Bill that can be described as a direct threat to national security. I also note—[Interruption.] It would be good if the right hon. Gentleman would acknowledge this point. I note that those generals did not call for immunity. Maybe those on the Opposition Front Bench would like to reflect upon that.

[Fleur Anderson (Putney) (Lab)]

Will my right hon. Friend give way?

[Hilary Benn]

No; I am going to have to finish, because many people want to speak.

Part 5 makes provision for the inclusion of personal statements, allowing families to describe what the death meant to them. The commission will have the power to refer troubles-related criminality by police officers to the ombudsman for Northern Ireland. Part 6 puts in place the necessary provisions to set up, on a pilot basis, the Independent Commission on Information Retrieval, as originally proposed in the Stormont House agreement. This will be an international body established jointly with the Irish Government to give families an additional means of retrieving information. Any information disclosed by individuals to the ICIR will be inadmissible in criminal and civil proceedings. Part 6 also includes provisions to ensure that the work of the ICIR does not impede on criminal investigations.

The Government have long been committed to restoring the troubles-related inquests that were halted by the legacy Act, which is why, under part 7 of the Bill, the inquests that were in progress prior to 1 May 2024 but subsequently halted will resume. Inquests that had been directed by the Attorney General but were not in progress will be subject to an independent assessment by the Solicitor General as to whether they are most effectively progressed in the Legacy Commission or the coronial system, and the Solicitor General will have regard to three statutory criteria.

I turn to part 8 and to the point raised earlier about interim custody orders. In short, these provisions seek to address the interpretation made by the UK Supreme Court in R v. Adams, regarding the application of the Carltona principle, with which this Government—and indeed the previous Government—disagreed. That principle is vital for Government, and it is right that it should be protected, including by dealing with what are considered incorrect inroads into it. Clauses 89 and 90 put it beyond doubt that the Carltona principle applied in the context of interim custody orders, by stating that any order made by a Minister of State or Under-Secretary of State is to be treated as an order of the Secretary of State. I refer the House to a written ministerial statement that I have today laid in Parliament setting out in greater detail the Government’s position on that matter.

The Bill will leave in place part 4 of the 2023 Legacy Act, meaning that the important provisions relating to oral history, academic research and the memorialisation of the troubles remain intact. Those measures stem from the Stormont House agreement and have been widely supported in principle. Part 8 of the Bill will also require the commission to produce and publish a historical record.

Separately, part 8 also allows any conduct that does not meet the definition of serious or connected troubles-related offences in the Bill to be investigated by the relevant police force. As a result, potentially serious offences, including sexual offences, will always have a route to investigation should evidence come to light.

Part 9 deals with general matters in relation to the Bill such as various definitions and its commencement.

I will bring my remarks to a close. I am acutely conscious that, for many families in Northern Ireland, time is running out. With every year that passes, memories fade, witnesses are lost and crucial evidence grows weaker. That is why the Government have to fix the mess that we inherited. But what is this really about? It is about those who continue to live with the pain of what happened to them or to someone they loved. We know that the overwhelming majority of those who were killed died at the hands of paramilitaries, and, as the hon. Member for Lagan Valley (Sorcha Eastwood) so powerfully reminded us just over a month ago, the people who died were not in the wrong place at the wrong time; it was the terrorists who were in the wrong place doing the wrong thing.

We must be clear that terrorism is always wrong. Although we must recognise that the vast majority of those who served in Northern Ireland did so with distinction and bravery, in the words of apology offered in this House by the former Northern Ireland Secretary Brandon Lewis following the Ballymurphy inquest,

“it is clear that in some cases the security forces and the army made terrible errors too.”—[Official Report, 13 May 2021; Vol. 695, c. 277.]

I believe that this legislation represents our best and possibly final chance to fulfil the unrealised ambition of the Good Friday agreement. I accept that nobody will like everything contained in the Bill, as is inevitable given the differing views held by many. If fixing legacy was easy, we would not be discussing it 27 years later.

Let me read from a letter that the Commissioner for Victims and Survivors for Northern Ireland has sent me about our approach, which he says has been received

“with cautious optimism by victims and survivors.”

He goes on to say that we—he is talking about all of us—should

“get a move on rather than waste more precious time”,

and encourages all of us as parliamentarians

“to continue to show courage and determination to deliver for victims and survivors.”

It is no wonder that he refers to caution, because victims and survivors have been let down so many times before. That is why it is now our responsibility to take this forward.

I will continue to talk to victims and survivors, veterans and others, and colleagues in all parts of the House, during the passage of the Bill to consider where amendments might further improve it. Equally, I hope that all who seek a fair and effective way forward will recognise that the Bill represents a fundamental reform of current arrangements, and that it should be given a chance to succeed. I commend the Bill to the House.

Northern Ireland Troubles

Debate between Fleur Anderson and Hilary Benn

Tuesday 14th October 2025 Commons Chamber

[Hilary Benn]

I welcome the hon. Gentleman to his new role, and I genuinely look forward to working with him on these and other matters, given his interest in Northern Ireland, which is shared right across the House.

Let me turn to his three specific questions. First, no legislation can enable people to feel reconciled in some way to what happened. In the end, reconciliation has to come from within. The title “reconciliation” will not be in the new name of the legacy commission, because it is a consequence of a process that we are trying to put in place, if families can find answers. I urge the House to concentrate on that, because that is what this is all about—trying to enable families to find answers. Secondly, I did draw attention to the safeguards in my statement, and when the Bill is published later, the hon. Gentleman will be able to see how they are given legal expression.

Lastly, on the hon. Gentleman’s point about prosecution, I would simply say that people have made one or two comments in these discussions about politically motivated prosecutions or vexatious prosecutions. I think it is very important that the House upholds the integrity and independence of the prosecutorial authorities. A fundamental bedrock of our legal system is that independent prosecutors make such decisions, and to suggest that they are in any way politically motivated is in my view profoundly mistaken.

[Fleur Anderson (Putney) (Lab)]

I pay tribute to the Secretary of State, the Defence Secretary and the Minister for the Armed Forces for working so hard to achieve this new phase of the peace settlement in Northern Ireland. As we celebrate peace starting in the middle east, this statement is a reminder of how long it takes to build peace and how important justice is for peace. Does the Secretary of State agree with me that by shutting down investigations, including into the deaths of more than 200 Operation Banner soldiers, without an adequate alternative, the unlawful legacy Act failed so many families and victims of the troubles, and the mess had to be undone?

[Hilary Benn]

I thank my hon. Friend for her question, but above all for her great service in the Northern Ireland Office. It was a real pleasure to work with her, and she did so much during her time in the Department.

I do agree with my hon. Friend, because those service families want to find answers. Some time ago, I met the family of Tony Harrison, who served and was murdered in Belfast. His mother and his brother told me how outraged they were by the legacy Act, because it proposed that those who had killed her son could get immunity from prosecution. It is so important that we put that misguided approach on one side, so that all families—service families and others—can find answers.