(5 days, 8 hours ago)
Written CorrectionsThe Secretary of State will know that Micheál Martin will apologise today to the family of Brian Stack, who was murdered by the IRA in 1983. They apologise 43 years later and they apologise after a failed criminal justice investigation with 194 errors and omissions. They are right to do so. Austin Stack, the son of Brian, has also asked that Sinn Féin, and Mary Lou McDonald as its leader, apologise on behalf of her counterparts in the IRA. One of the things that has not been mentioned over the last two days is how much confidence there will be that those who took lives and hold deep and dark truths will share them with the loved ones of victims. Can the Secretary of State give any confidence on that?
(6 days, 8 hours ago)
Commons ChamberThe Secretary of State will know that Micheál Martin will apologise today to the family of Brian Stack, who was murdered by the IRA in 1983. They apologise 43 years later and they apologise after a failed criminal justice investigation with 194 errors and omissions. They are right to do so. Austin Stack, the son of Brian, has also asked that Sinn Féin, and Mary Lou McDonald as its leader, apologise on behalf of her counterparts in the IRA. One of the things that has not been mentioned over the last two days is how much confidence there will be that those who took lives and hold deep and dark truths will share them with the loved ones of victims. Can the Secretary of State give any confidence on that?
I heard the interview this morning on the radio, and I warmly welcome the fact that the Taoiseach will make that apology. It is entirely right and proper. This relates to some of the discussions that we had yesterday and the day before about how the Irish Government deal with the issues of the past. This was a prison guard from the United Kingdom who was killed in Dublin. I also heard the point that his son Austin made, when he said that the apology
“means an awful lot to us”.
It is incumbent on all of us to make fulsome, and not mealy-mouthed, apologies.
One of the fundamental principles of the debate yesterday and on Monday was that of upholding the rule of law, and the Secretary of State will know our questions about how the rule of law is upheld in Northern Ireland. I know that he buckled when individuals suggested that the Government had bent the knee to terror, yet some of the revelations from the court proceedings over the last two days give greater clarity to the thought process that lay behind the PSNI’s position. My question is this: given the situation that we are in, will the Secretary of State engage, not only to uphold the rule of law and ensure that criminal sanctions go beyond blocking a road, but to provide political accountability for those who breach their pledge of office?
The right hon. Gentleman makes a strong point about political accountability. The rule of law is something that we all pledge to uphold when we become Members of Parliament. That is also true of Members of the Legislative Assembly and, for that matter, members of the Executive. I also think that we need to have political accountability for the finances in Northern Ireland. It is really important that we make sure that at some point or other, the Northern Ireland Executive get round to settling a budget. We have set aside more than £1.5 billion for the next three years. I look forward to conversations with the right hon. Gentleman and others tomorrow, and I very much hope that we might be able to settle that. He is right that we need to have political and financial accountability, and if that means changing the Northern Ireland Act 1998 to achieve that, I am up for that.
(1 week ago)
Commons ChamberYes, to the first part. As I have just said, I have said this very robustly to Jim O’Callaghan and Helen McEntee on several occasions. They have kept their own counsel for the moment, but it seems to me inconceivable that, by the time the Bill gets to the House of Lords, there could be an argument for them maintaining the inter-state case, and I therefore hope that they will withdraw it. I am being as clear as I can with the hon. Gentleman. As he knows, he and I agree on many, many things, not least the fact that it is good to have power sharing in Northern Ireland and that I should not be running Northern Ireland.
I think it is important that the Secretary of State has reiterated the point that the commission will have the ability to take information from the Irish Government. However, without revisiting yesterday’s debates, does that not put into stark relief the fact that while information has been available for the last 28 years, it was revealed only last week? There will be many other instances of information that could beneficially have been considered and led to a change. Is the Secretary of State at all concerned that the history that we repeat time and again with the Irish Government, where they are not forthcoming with the full information and they withhold information, should be a cause for concern for this House and how we deal with the legacy of the past?
The right hon. Gentleman makes a decent point. The question then is simply how one addresses that and ensures that one gets the future co-operation that has been promised and committed to by the Irish Government. I am more hopeful than he is, I guess—he may say that is because he has more scars on his back than I have in this regard. I think that between the two of us, with his scepticism and my hope, we might be able to get to a good set of outcomes.
On the Omagh bombing, it is inevitable, I think, that we will end up having some of the same conversations today as we had yesterday, as Members understandably referred then to issues that we are voting on today. However, I would just say to the right hon. Member for South West Wiltshire that with my understanding of the terms of reference of the Omagh inquiry, we slightly disagree on this matter. I think it will be perfectly possible for the Omagh inquiry to come to some fairly firm conclusions. More importantly, however, as I said yesterday, it is really important that the fullest possible co-operation is shown, and, where the chief counsel has already said that they are not happy with that co-operation, it is incumbent on the Irish Government to step up to the plate.
Very good.
Having engaged extensively with different groups, I appreciate that there are concerns with the transparency of future prosecutorial decisions. I want to be absolutely clear: the Government do not accept any suggestion that our prosecution services bring forward vexatious prosecutions. This Government believe wholeheartedly in the approach of our prosecutorial services. It is clear that decisions on prosecutions taken by the prosecution service in Northern Ireland and in England and Wales are always taken independently, in the light of the individual facts and circumstances. However, there is a public interest in how such cases are considered, given both the context and the passage of time. Therefore, we will bring forward a number of critical new amendments.
If the hon. Gentleman will let me do these two proposals, I will come back to him.
Yesterday we debated the amendments that will improve transparency around the approach to prosecutions within the legacy commission. We are also introducing two significant amendments to the prosecution of troubles-related offences. First, in new clause 49, we will require the Public Prosecution Service for Northern Ireland and the Crown Prosecution Service in England and Wales to work together on joint guidance on applying the relevant code for prosecutors in respect of troubles-related offences in each jurisdiction. Although the vast majority of troubles-related offences occurred in Northern Ireland, such offences were committed across the UK and there is a shared interest and obligation in addressing the legacy of the past. The guidance will also be able to cover issues such as dealing with the complexity of historical evidence and the public-interest considerations in such cases. I have a “secondly” to come, but I feel the right hon. Member for Belfast East (Gavin Robinson) has been quite patient.
It is “finally” from me, in respect of interventions. The Secretary of State should be cautious when trying to push back against the notion that there are vexatious prosecutions. There are; there have been. We have seen prosecutions in Northern Ireland where the evidential test was not met the first time. It was revised and the evidential test was still not met, but it was suggested that the prosecution should proceed. At no stage during an abuse of process application or a no bail application, or at any other time during the case, did the evidence amount to anything close to meeting the prosecutorial test of likelihood of prosecution—we will leave aside that of public interest. The cases collapsed and the judge concluded that at the very start, the whole process was frail and the evidence did not amount to satisfying the test. Whenever we say—and we should not have fear to say this—that there are vexatious prosecutions, there are very good examples as to why that is said.
I hate to suggest that the right hon. Gentleman has misled the House, Ms Ghani, but I do not think that will be his final contribution today, so it is not really his “finally”.
The right hon. Gentleman makes a point that I have heard from a lot of people, and which I understand, about the very significant frustrations that have been felt, in particular by people in the veterans community. However, I think he meant to say that the prosecutorial decision is obviously about the likelihood of a successful prosecution, or in other words, a conviction. Sometimes the prosecuting authorities are wrong because a jury or a court decides that there is not a case to answer, and so on. I hear what he says, but I think he was only urging me to exercise caution in using the phrase, so I will do so.
I note that the right hon. Gentleman says thank you. Secondly—[Interruption.] I will do my “secondly”, if he does not mind, because otherwise the logic of my speech will fall apart. [Interruption.] Ms Ghani, you are not meant to look at me as if the logic of my speech has already fallen apart.
Secondly, to provide greater assurance, confidence and consistency in decisions to prosecute, we are introducing a requirement for the Attorney General, who is also the Advocate General for Northern Ireland, to provide consent for prosecutions of serious troubles-related offences. To be clear, when making such decisions the Attorney General must act quasi-judicially and independently of the Government. There is precedent for that approach. Some have questioned it, but it was recommended by the Joint Committee on Human Rights, and since most troubles-related deaths occurred in Northern Ireland but some were in Great Britain, that will provide a single and therefore consistent last determinant. Let me be clear: that in no way obviates the role of the Public Prosecution Service in Northern Ireland or the Crown Prosecution Service in England and Wales—in fact, we are strengthening their role—but I think it gives the right balance.
I trust that the Government amendments address the concerns raised by various Members in respect of the decisions to prosecute, including those of the hon. Member for Brentwood and Ongar, who tabled an amendment to insert additional steps in the investigative and prosecutorial processes. I am now coming to my final “finally”, so perhaps the hon. and learned Member for North Antrim would like to intervene.
I am grateful to the right hon. Gentleman for that reassurance.
All that being said, we should be clear-eyed about what the Irish legislation does and does not do, and why it is in no way equivalent to the legislation that this House is passing. The general scheme put forward by the Irish Government is a means by which the Irish state may co-operate with the legacy commission. It does not require it to do so, nor does it set up any body equivalent to the legacy commission in the Republic. In short, while it is a step in the right direction, it guarantees nothing and it does not create an equivalent action in the south.
Yesterday, we heard in powerful terms about the failure of the Republic to engage fully on Omagh. Sadly, in the rejection of the Democratic Unionist party’s amendment, we also heard something about this Government’s failure to engage on Omagh. This afternoon, my right hon. Friend the Member for Belfast East (Gavin Robinson) has raised the issue again. I draw the Committee’s attention to the fact that, in 2021, when Mr Justice Horner recommended an inquiry, he urged that an equivalent investigation take place in the Republic. He could see, having assessed all the evidence, that one was needed, yet here we are, five years on, and there is no equivalent investigation in the Republic at all; nor is there any sign that there will ever be one. It is a source of sadness for this Committee that the framework that was signed by the previous Administration did not have within it an undertaking from the Republic that there would be such an inquiry. That was a significant omission.
I am grateful to the shadow Secretary of State for making this point. The Committee should be aware that the Omagh families are this very day in court in Dublin, trying to secure the very same rights to an inquiry from the Irish Government’s perspective as the UK Government have offered them in the United Kingdom. Will he reflect on how wrong the Secretary of State was yesterday evening to reference, in part, a subsequent sentence from the terms of reference, when he knows that any information provided by the Irish Government was provided only to answer the question of whether the UK authorities could have stopped the atrocity, not what they could have stopped themselves?
That is precisely why, in 2021, Mr Justice Horner urged that there be a parallel inquiry in the Republic. The fact that no such parallel inquiry has happened, and that there is no sign that any such parallel inquiry will happen, speaks volumes.
Sadly, this brings us to a major point of contention: the issue of inquests. Yesterday, the hon. and gallant Member for Birmingham Selly Oak (Al Carns) spoke powerfully about the problems that exist with inquests, and I know that my right hon. Friend the Member for Goole and Pocklington (David Davis) will do likewise today. The essence of the problem is this: the inquisitorial process in Northern Ireland has suffered a massive loss of confidence. The reasons for that loss of confidence will be very well known to anyone who has followed the Coagh and Clonoe cases, and it is precisely why colleagues are so concerned about the Loughgall case, which is covered by amendment 51, tabled by my right hon. Friend the Member for Goole and Pocklington.
In Great Britain, inquests exist to establish the facts, and at the first suspicion of unlawful killing, they are required to stop and pass evidence to the DPP—I nearly said “the DUP”. In Northern Ireland, however, inquests have far too often sought to assign blame. That is why the hon. and learned Member for North Antrim (Jim Allister) tabled amendment 20.
Yesterday, we heard moving accounts from the hon. Members for Foyle (Colum Eastwood) and for Lagan Valley (Sorcha Eastwood) of children being killed, very possibly murdered—awful, heart-wrenching stories. To be clear, the most contested inquests do not deal with such cases. They deal with the shooting of terrorists by security forces.
I commend the hon. Member for Sunderland Central (Lewis Atkinson) on his speech. While I disagree with some of its substance, I agree with a lot of his sentiment, and his support for our veterans is welcome.
May I thank the Secretary of State for his telephone call at home to tell me that he was going to support my amendment 50? I should have realised—I have been here long enough—when I looked at the Order Paper for amendment 50 in the name of David Davis that it would have become Government amendment 50. I feel as if I have been nationalised. It is the only time that I will approve of a nationalisation. I thank him for that.
I commend the Secretary of State for the elegance and tone of his speaking over the past couple of days. This is the most formidable and difficult of Bills facing the House, as I think anybody would recognise, and he has navigated it with great charm. He has reinforced my view that he should have been in the Cabinet long ago, and I thank him.
Thank you for calling me, Ms Ghani. It is a huge privilege to follow the hon. and gallant Member for Birmingham Selly Oak (Al Carns). He has been steadfast and faithful not only to the principles that he upholds and expounds, but to the bonds with his comrades and the legislation’s consequences for them. He has acted in a selfless way, and I guess that is the mark of the man. There are many in politics who would not have taken the position that he did, so it is a pleasure to follow him, and I thank him for his contribution.
I feel I need to do this given his speech, but I must mention the hon. Member for Wimbledon (Mr Kohler). He started off almost apologetically this afternoon, and last week, after the carry-over motion, he took sanctuary in Londonderry with me and other members of the Northern Ireland Affairs Committee. He feared he had done something inexplicable: he had united the House against him. I did not agree with that assessment, but I believe he is approaching these issues with a level of diligence that we appreciate, and I thank him for that.
Yesterday, I spoke more broadly about the Bill and the amendments then before the Committee. Sometimes I lament that, on issues such as legacy, far too many people hear what they think is being said because of the person saying it, and they do not listen to the contributions being made. There are people in this debate who think, “Well, they would say that anyway, wouldn’t they—always standing up for the Brits,” or, “They would say that, wouldn’t they—always standing up for the Irish,” or, “They would acquiesce, wouldn’t they—always in the face of terror.” I do not think that does this debate any good. There are people I fundamentally disagree with—we are on different sides of the Chamber and we will be in different Lobbies this evening—but there are things they say and contributions they make in this debate that I agree with.
I do worry that, so often in this debate, there seems to be a tension between victims and innocent victims and soldiers, or should we say “state combatants”? Some would describe them as that, but I think it is disrespectful. We pit individuals against one another. Why does somebody like me talk about veterans and the need for veterans’ protection? It is because those individuals volunteered to stand up for the things that we value in this country.
I listened to the hon. Member for Sunderland Central (Lewis Atkinson), who is not in his place at the moment. He said that when the Army was deployed in Northern Ireland, it was not deployed for one side or another. That is not quite right. It was deployed on the one side that the vast majority of people in Northern Ireland were on: those who believe in the rule of law and in upholding the decency of democracy. It was deployed to stand up for our values. When I say “our values” I mean Protestant, Catholic, dissenter, none—those who believe in the values that hold our society together. The Army was deployed on the side against those who wanted to destroy our nation, destroy our livelihoods and take our lives.
That is why the Army was deployed and that is why we owe it to the veterans—as a Parliament, as a legislative Chamber—to provide protections. The right hon. Member for Leeds South (Hilary Benn), for whom I have huge regard though we clashed many times on these issues, will know that I asked him not to talk about protections for veterans if they did not amount to measures that protected those very same veterans. Talk of safeguards and talk of measures that may be brought forward which could provide some level of comfort, but let us not describe them as protections if they do not protect.
What we hear and see before us today, and throughout the course of these debates, are the following measures: fairness, dignity and respect. They are offered as a protection to veterans. There should be fairness, dignity and respect for anybody in these processes. Of course, they do not apply to veterans; they apply to everyone. On witness participation, witnesses should not be compelled to participate unless there is “new and compelling evidence”. It is offered as a protection for veterans, but it is something that applies in principle to everyone. I do not challenge that, but I do not pretend it is something it is not. On older veterans, this legislation and the amendments before us would guarantee that they are treated with respect and with care, and that an assessment is made if needed. That is their participation. It does not just apply to older veterans. It is presented, wrongly and mischievously, as a protection for veterans, but, rightly, it is an application of a principle that applies to all.
Then we have the provisions around the Attorney General and the consent required in Government new clause 50. Veterans asked for this. Veterans asked for the Attorney General, who also serves as the Advocate General for Northern Ireland, to be incorporated into this process. That it has been offered, satisfies the requests of veterans. They asked for it because they do not trust—I heard it earlier mentioned—the politics of Northern Ireland in prosecutions. Our prosecution service in Northern Ireland is independent of politics—it is independent of politics in Northern Ireland—but the consent required of the Attorney General is given because it has been requested by veterans, and veterans assume that it will add some level of protection. But it will not.
Whenever that has been challenged, and whenever the Secretary of State has been challenged about why he is doing it—challenged by victims, challenged by loved ones and challenged by others—he gives an answer that he gave again last night. It is in Hansard. He says:
“yes, completely. That was recommended by the Joint Committee on Human Rights. It is important to note that the Attorney General, who is also the Advocate General in Northern Ireland, would have only a quasi-judicial function, and would use precisely the same prosecutorial process as they would for any other prosecuting decision.”—[Official Report, 19 October 2026; Vol. 791, c. 867.]
What started as a request from veterans has been welcomed by some veterans’ groups who think it will add some level of protection or cover from the infected process they see in Northern Ireland, but it will not. We know very clearly: one, applies to everyone; two, quasi-judicial process; and three, just replicating exactly the same principles of the prosecutors who are making the decision in Northern Ireland in the first place. So the question is this: why do it at all? What benefit is there at all if they are replicating the same process which is approached independently, is quasi-judicial and applies legal application? What does it add to the process at all?
I said it this morning to a wider audience in Northern Ireland and I will say it again this evening: the problem with this proposition is that it started as a request. That request was acquiesced to and people were led to believe that it was a level of protection. When challenged by victims who say, “How can you be stepping in to protect? How can you provide a mechanism that is going to protect a certain cohort?” the answer is, “Well, actually, it doesn’t apply to them alone; it applies to everyone and actually, it is just exactly the same application of principle that you will see in Northern Ireland. It is quasi-judicial anyway and of course it could be judicially reviewed.”
The reason I raise these points is because I think it is fundamentally important that people speak accurately—accurately, Ms Ghani.
Is the right hon. Gentleman in favour of the Attorney General move, or not?
I am happy to sit down and take a further intervention. I asked this: what is the point if it replicates exactly the same process and applies exactly the same principle as adheres to Northern Ireland prosecutions? Why make it a provision in this legislation? Why bring forward the amendment? It was acquiescence to a request from veterans—that is where it started—and then it came from the Joint Committee on Human Rights. It has been presented as a protection for some, yet it applies to everyone equally and is a replication of a process that already exists. My question—it is not a question for me as to whether I support it—for the Secretary of State is why it has been introduced at all.
I have already explained it at some length, both yesterday and earlier today. I think the right hon. Gentleman was in his place when I said it. This is not to take anything away from the prosecuting authorities in Northern Ireland or in Great Britain. They are going to be co-operating on producing guidelines on how these decisions are to be arrived at, but there will be some instances that relate to troubles-related deaths in England. There will be some—relatively small compared to the number of Northern Ireland—and it makes sense that there is consistency across the whole United Kingdom. It is a process that has been used elsewhere and that is why we are advocating it. I ask again, does he support the amendment or not?
Every time the Secretary of State speaks, he confuses issues and muddies the waters. Does the process apply to every case, or just to those in England?
This is slightly odd now, but of course it applies to all cases. The right hon. Gentleman knows that. I ask again, does he support the measure or not? He has privately argued for it to me in the past.
First, I put forward the request from veterans’ organisations, as well the Minister knows. Secondly, if the Secretary of State is incapable of arguing, or unwilling to argue, for the added benefit of the proposition as presented today, that will be of interest to many listening in the House. Do not pretend that protections are being offered when they are not. Do not pretend that they do something different from what they are intended to do. For the Secretary of State to say what he has just said says an awful lot more about him than me.
There you go; it is pathetic, Ms Ghani. This Committee will consider the amendments, but I have no doubt, given the lack of scrutiny and interest in most of what was before us yesterday, that they will be agreed on the nod—and then time will tell.
The Secretary of State misses the point. All that information sharing, which is permitted and is in the gift of those authorities, is about answering the question before the inquiry: whether UK state authorities could have prevented the atrocity. That does not deal with the other side of the coin, which is whether the Irish authorities had information that could have prevented the atrocity. That can be dealt with in one of two ways: a parallel inquiry in the south—that is before the courts again today, because they refused to give it—or, at least, the fail-safe mechanism of the legacy commission being able to consider the case. The Secretary of State is right that this issue was for yesterday, but he raises it because he recognises the cross-border nature of the legacy commission’s ability to take information from the Irish Government.
We are relitigating a case that was decided yesterday, as I have said. The hon. and learned Member for North Antrim (Jim Allister) argued that our Bill was unbalanced because somehow or other we were deprioritising the situation in Omagh. There is actually a public inquiry into the Omagh bombing, and it would be inappropriate to put the matter into the legacy commission. It is important that we let the independent inquiry do its work, as with the inquiry into the killing of Pat Finucane and that into the killing of Robert Hamill, which recently published its findings after a very long period.
The right hon. Member for Belfast East also tabled amendment 32, which I think he intends to press to a vote in a few short moments, and I want to speak to that briefly. I think it falls at the first hurdle because, as he said in his speech, it would be inappropriate for us to have measures that apply only to one category of people. We do not believe that it is right that only veterans can benefit from protection from repeated investigation. We want a legacy framework which, while rightly focused on getting information for families, does so in a way that does not needlessly duplicate aspects of investigations that have already obtained valuable information. That does not serve anyone—not victims, not witnesses and not the legacy commission, which will want to ensure that its resources are used as efficiently as possible. The collection of protections that the Government have put forward were designed following consultation with veterans—that is true—and were not included in the legacy Act. All these measures have been introduced to protect and ensure the fair treatment of any veteran who is asked to engage with legacy mechanisms. For those reasons, I will be opposing his amendment 32.
Turning to amendment 51 by my beknighted friend the right hon. Member for Goole and Pocklington (David Davis), on which I think he also intends to have a separate Division, I understand the anxiety and concerns there are. This is one of the classic instances where there are multiple views on how we should proceed. As he will know, the Government have a long-standing commitment—it is something we committed to before the general election and as part of our manifesto—to restore those inquests that were in progress but were halted by the legacy Act, and we intend to deliver on that commitment. On one of the reasons for that, I can quote Andy Seaman, the brother of Private Tony Harrison, who was murdered by the IRA in 1991. He said:
“My brother’s case was shut down when the Legacy Act passed. The opposition”
—that is, the Conservative party—
“cannot pretend to care about the plight of victims’ families—including military victims—when their actions demonstrate the precise opposite”.
Respect for veterans and accountability are not opposing principles. They are both part of the same principle: the rule of law. We are not opening a new inquest into Loughgall; we are restoring the inquest that was under way as a result of being directed by the former Attorney General, the right hon. and learned Member for Kenilworth and Southam (Sir Jeremy Wright), to comply with our human rights obligations. He said in September 2015:
“Following careful consideration of a huge amount of material I have come to the decision that new inquests into the Loughgall deaths are justified.”
There are two other issues which I think Members intend for us to vote on. The first is new clause 7 in the name of the shadow Secretary of State. I understand the thrust of what he is trying to say, though, as he himself pointed out, recruitment into the armed forces is up now for the first time in about a decade. It is up 7% in general and the outflow is down by about 7%, all of which is good. I do not think anybody in the House wants to undermine the thrust of getting more people serving in the armed forces. I am absolutely certain that he would not expect us to be specific about the numbers in special forces. More importantly, his amendment is cobbled together in a rather bizarre way. The idea of setting up a new person to investigate recruitment and the legislation on recruitment, as he has put it in his amendment, is inappropriate, which is why we are not intending to support his amendment.
(1 week, 1 day ago)
Commons ChamberI think the point that the right hon. Member for South West Wiltshire (Dr Murrison) was making was just that he wanted to extend the date to accommodate the amendment that has been tabled, but I understand—[Interruption.] The hon. Lady is talking while I am talking, which makes it difficult for me to hear, but she has made her point.
Can I express my profound disappointment that, at the start of two days in Committee, the Secretary of State has already indicated that he wishes to resist one of the most inoffensive but constructive amendments, which has cross-party support across this Chamber, is not to one side’s benefit or another’s, and would assist the families of the Omagh victims in achieving the answers they deserve, most notably from the Irish Republic and the Irish Government? There is no point lamenting that two days are not enough if the Secretary of State has already made his mind up and has no interest in discussing the substance of any of the amendments before us this afternoon.
I think that is a slightly ungenerous interpretation. I am happy to listen to the debate, and will respond to it at the end of the day. I am trying to proceed as much as I can on a cross-party basis. I was asked about an amendment and I am simply expressing a view, which is that most legislators in this country have tended use the date of the Good Friday agreement as the cut-off date.
That is one part of what we might do, but it might be more convenient for everybody concerned if we simply said that certain clauses would not be commenced until such time as both parties had agreed. In addition, I have tabled an amendment, which is remarkably similar to one tabled by the Opposition spokesperson, the hon. Member for Brentwood and Ongar (Alex Burghart), in relation to issuing a written ministerial statement to clarify how consistent the Irish Government have been with their obligations. I hope that, between all those different elements, we will manage to land on working in lockstep.
I think that all hon. Members would expect me, while first of all congratulating the Irish Government when they have provided important material, and wanting to co-operate with them entirely and fully, to be robust in pushing them where we feel that that has sometimes fallen short. For instance, one issue that was raised with me last week was the evidence that has been given to the Omagh inquiry. Some questions have already been asked by the leading counsel, and I have put those to Jim O’Callaghan, who I expect will be responding to me. Then there is the issue of gelignite. I am also conscious that, only a few weeks ago, I stood in a field where people were digging to see whether they could find the body of a man who was murdered some 30 years ago. Some of the answers to those issues will also lie with the Irish Government, rather than in our paperwork.
I am grateful yet again, but I make the point that there is not one defined cut-off point for the troubles. Everyone in this House accepts that the Omagh atrocity was the largest atrocity of them all, and it happened outside the Secretary of State’s defined date for the troubles. If he does not like amendment 23, then he should look to amendment 24, which has the date 12 April 2010. Why was that picked? It is because this House legislated for the troubles-related pension entitlement going to that date. It is therefore just wrong to indicate to this Committee that there is one agreed date. Legislators have chosen a number of dates, and all we are asking is at least to include the largest atrocity of the troubles in its totality.
I am happy to listen to the speech that the right hon. Member will doubtlessly make—if he manages to catch your eye, Ms Ghani, though I am fairly confident he will—and I will respond towards the end.
Lillian Jones (Kilmarnock and Loudoun) (Lab)
I would like to place on the record my thanks to my right hon. Friend the Secretary of State for taking the time to meet me and a formidable local veteran from Ayrshire, Alan Middleton, who does fantastic work with the local Army Cadet Force under the West Lowland Battalion. My right hon. Friend has worked tirelessly and, most importantly, has listened to those of us who feel strongly about this legislation and to the veterans who have concerns, which deserve to be heard.
When the Bill was first introduced, many veterans feared that the new legacy framework would simply become another route to the repeated investigations that have caused so much anxiety, frustration and trauma over recent decades, so I welcome the fact that the Government have listened and that the amendments they have tabled significantly strengthen the Bill.
New clause 32, for instance, recognises the unique context in which members of the armed forces operated during the troubles. Amendments 192 and 195 help ensure that investigations are rigorous and evidence-led, with clear statutory duties on the director of investigations before cases progress further. Perhaps most importantly, new clause 45 protects veterans from unexpected or intrusive contact by investigators years or, in some cases, decades after their service has ended. It places safeguards in law, including the involvement of the Secretary of State, and helps to ensure that veterans are treated with the absolute dignity and respect they deserve.
Taken together, these changes have made the Bill more balanced and, as a result, have secured my support. Nobody is asking for immunity; nobody should be above the law, but equally, there should be no witch hunt against those who served our country honourably. Investigations should be driven by genuinely new evidence, not by the endless revisiting of matters that have already been examined time and again.
The conversations I have had with veterans in Ayrshire, including those who served during some of the most difficult periods of the troubles, have left me in no doubt about the anxiety that the repeated investigations, or even the prospect of such investigations, have caused for them even decades after their service has ended. What they seek is not special treatment, nor to be placed beyond the reach of the law; rather, they seek a process that is fair, proportionate and focused on genuinely new evidence.
Ultimately, this legislation must command confidence among victims and their families, the wider public, and those who served their country honourably. I believe that the changes made to the Bill will help us move closer to that objective. They strike the right balance between accountability and fairness. For those reasons, I will be supporting the Government’s approach, and I urge Members across the House to do so too.
I thank you, Ms Ghani, for calling me so early. It is a pleasure to follow the hon. Member for Kilmarnock and Loudoun (Lillian Jones), though I hope I might convince her not to follow the whole of the Government’s approach in respect of some of the amendments. I hope her ears are open, as well as her heart, to the arguments that we will make.
I indicated earlier in my interventions and, indeed, in the debate on the programme motion that the way in which we are considering these amendments today is far from optimal. In fact, we have had some good speeches and contributions already, and yet they did not touch on the amendments at all—that was subject to the Chair’s indulgence, of course—but were delivered in more general terms.
Amendment 52 was tabled by the hon. Member for North Down (Alex Easton), and signed by me, my colleagues and those around me. Similarly, amendments 21 and 22 were tabled by me and my colleagues in the Democratic Unionist party, and signed by those around us. Amendment 2 was tabled by the hon. Member for South Antrim (Robin Swann) on a similar thread, and amendment 1 was tabled by the hon. and learned Member for North Antrim (Jim Allister). There is a recurrent theme, yet whenever the Government table their own amendments to try to deal with the issues outlined in new clauses 33 and 34 they are totally deficient.
To be clear, I do not resist the idea that sexual violence was part of the troubles. Indeed, one problem with previous legacy legislation was that it made it impossible for such things to be investigated anywhere. We are making it possible for such matters to be investigated by the police. All police forces in the United Kingdom have suitable teams that are able to deal with the specifics of those kinds of incidents, and it would be inappropriate for the legacy commission to take on that piece of work without being able to set up a whole new team specifically to look at that. However, the legislation does allow police forces to take forward those crimes, and if there is clear evidence that that was related to a death as well, or to serious injury, it would be able to be investigated.
I disagree fundamentally with the Secretary of State. Let us put it like this: sexual violence was used to pursue the same aims by the same depraved people who were prepared to take life, and they did. Whenever we listen to Máiría Cahill, and her experience, we must remember that this was continual trauma inflicted by people who were exerting coercive control in her community, and who threatened her continually and repeatedly that she could not dishonour the virtuous— in their view—republican name. Yet she was repeatedly raped by the same people who were committing murder on our streets. On the notion that we can argue the toss and say, “Well she can go to the police”, is there no concept or understanding in this Committee that people like Máiría grew up in republican west Belfast or other places where going to the police is still an alien concept? This is being portrayed as the Human Rights Act and article 2-compliant mechanism that people can go to for truth and justice, but not if they happen to be a victim of one sort of crime—sexual crime—rather than the other sort of crime. That is shameful.
Máiría Cahill has been a doughty campaigner on this issue for many years. At the weekend, she responded to a former Member of this House, Michelle Gildernew, who represented the constituency of Fermanagh and South Tyrone. Máiría Cahill indicated that she had reported that sexual violence to that former Member of this House —a Sinn Féin MP—who did absolutely nothing about it
My hon. Friend is right. Máiría Cahill was defending me from outrageous suggestions directed towards me in a tweet by Michelle Gildernew, who had the temerity to do so knowing that Máiría Cahill had confided in her in the 1990s and she did nothing. I thank Máiría for her steadfastness and her courage over many years on the issues that she has raised.
New clause 21 is another attempt by the official Opposition, among many others on the amendment paper, to ensure that any process understands the context of operations, the environment in which people served, the rules of engagement, the pressure and the threats. How often do we hear people talk of Bloody Sunday and never mention the days that preceded it—I say that not as an excuse or a challenge for what happened—and the two police officers who were murdered? Those two police officers, patrolling that city on a cross-community basis, were murdered on the streets.
I often remember a gentleman who was in the end very senior in the Reserve Forces and Cadets Association for Northern Ireland saying to me, “Gavin, I remember one day being out the top of the Land Rover. I heard a clink, turned around and thought I was going to be shot because two of my friends had been killed the day before. I nearly shot until I realised it was an elderly lady putting out two milk bottles.” What he was trying to indicate to me was that as a young, 20-year-old man he was so perplexed, scared and petrified—knowing he had lost friends yesterday, wondering whether he would get home that afternoon and not knowing the answer—that when he heard that clink first thing in the morning, he thought he was next and he nearly shot an unarmed civilian. Thank God he did not, but he shared that story with me so that I could understand. So I support new clause 21 entirely when it talks about “contemporaneous Rules” and the environment in which people operated.
The Government have tried to meet us on equivalence in some ways in their new clause 31, which replicates amendment 56 tabled in the name of my hon. Friend the Member for Strangford (Jim Shannon) and amendment 10 tabled in the name of the hon. and learned Member for North Antrim. New clause 9 has been proposed by my hon. Friend the Member for Upper Bann (Carla Lockhart), who has put in efforts about “on the runs” and putting those beyond the pale. I understand that the Government have moved their position on that, but they could engage and support rather than always tabling their own new clauses.
New clause 5 deals with support for former members of the Royal Ulster Constabulary. I make no apologies for saying that support for the Royal Ulster Constabulary should be before this House. We talk all the time about veterans, and rightly so. My grandfather served in the Royal Ulster Constabulary, although not during the troubles. He served his community. Some 302 officers of the Royal Ulster Constabulary served their community and paid the ultimate sacrifice. It is was right that they were honoured with the George Cross, but it was wrong that they were so disgracefully dishonoured through the changes that were brought about in policing. Yet here we are, just weeks away from celebrating or acknowledging 25 years of renewed policing in Northern Ireland, with questions around support for the police.
I listened very carefully to the right hon. Member for Leeds South (Hilary Benn). I acknowledge that he has engaged with many victims, but while he was speaking I received a text message from a member of a victims’ group who had hoped for a visit from him when he was Secretary of State. He did not visit, although he sent a junior Minister. I remember visiting that same victim on the main street in Omagh. He served as a police officer on 15 August 1998. He showed me the shop where he was laying bodies that day—28 people lost their lives, as well as two unborn children. He then took me into the entry next door, where he had had to bring other bodies because there simply was not sufficient room in the front of the shop. He and his colleagues have been demonised for years, but this RUC man was weeping when he was sharing with me the pain he still had, although that was not his intention, and the pain he still harboured from those days. He has asked the Government to support him and his colleagues whenever they engage with the Omagh inquiry. He has lamented the fact that the Omagh inquiry is but a partial piece of the jigsaw.
The Omagh inquiry has only the terms of reference that allow it to answer the question, “What could the British state authorities have done to prevent Omagh?” What could we have done to prevent an act of terror? Omagh was blown up because dissident republicans from the Republic of Ireland sought vehicles in the Republic of Ireland, moved through the Republic of Ireland and came to Northern Ireland to destroy that market town. And so they did. But our inquiry will answer only what we could have done to prevent that. Time after time we have raised the issue about the legacy commission’s dates. Why are we, as a House of Commons, still prepared to pass legislation that says that the troubles ended in April 1998, when we know the Omagh attack occurred on 15 August 1998?
Whenever we raise these issues, it is, “Oh, you are just having a go at the Irish. The Irish have promised that they are going to give information,” but no, they have not. As the right hon. Member for Rayleigh and Wickford (Mr Francois) said earlier, this issue was raised at the Omagh inquiry last week in evidence given by John Ware, a “Panorama” journalist. He made reference to a call that was received by the Finner Irish army camp in Ballyshannon on 14 August 1998. Colleagues may remember me raising this last week, and the hon. and learned Member for North Antrim raised it as well. The reason John Ware made those comments was that he and core participants felt that the details he was about to outline in the inquiry were with them mistakenly, and that had he not read them out—and had the Irish Government realised they had let them slip—they would have been rescinded. That is why I got a call four weeks ago giving me the details on a similar basis, so that they could not be rescinded.
Jim Allister
Further to that, much was publicised and lauded about a memorandum of understanding with the Dublin Government on how they were going to co-operate in the Omagh inquiry, yet we find they were sitting on information and when 50-plus questions were sent to them, they answered two.
There is a recurring theme. We were told that the Irish Government would have a Garda legacy unit and that they would answer this mythical telephone, but they do not answer. They do not provide answers, they do not respond to emails and they still have an inter-state case against our Government—they expect much of us but give nothing in return.
On 14 August 1998, a telephone call was made to the Finner camp. According to an Irish army document—handwritten—the call came in at half-past 10, and a male caller,
“who sounded reasonable and did not appear to be drunk”,
said:
“Pay attention to the back roads around Kinlough”—
border control checkpoints 197 and 198—
“Inform the GS and NISF”—
Garda Síochána and Northern Ireland Security Forces—
“road leads to Enniskillen, Irvinestown and Clogher.”
Then he stopped and said:
“Forget Clogher, Omagh, Omagh, Omagh”.
Garda Síochána spoke to the barracks orderly sergeant and the barracks detachment staff, whose names are redacted, on 16 August, when they decided for themselves that it was not a warning—it was—with the most devastating consequences. Ten days later, there was another effort to try to retrofit the call. But why am I mentioning any of this? I am mentioning these things because there was Government knowledge, Garda Síochána knowledge and intelligence service knowledge of the call that came in on 14 August, yet Baroness O’Loan in the other place, who was the first Police Ombudsman for Northern Ireland, conducted an inquiry into Omagh. For two years, she investigated the Omagh bomb. Was she aware of those calls? No, she was not. The revelation last week was a revelation to her.
(1 week, 1 day ago)
Commons ChamberI promise not to detain the House for more than a few minutes, but I think it is important to put on record the Opposition’s unhappiness with how Committee stage is being handled. Although we of course welcome a Committee of the whole House, which allows hon. Members from Northern Irish parties to contribute, the amount of time set aside is wholly inadequate for the task. This is one of the most complex and controversial pieces of legislation that the House will debate during this Parliament. It is a 98-clause Bill to which over 300 amendments—including, I think, 144 Government amendments—have been tabled, and the amendment paper is now longer than the legislation itself.
The consequence of the scheduling is that this House will have very little time to spend on detailed scrutiny, or indeed on detailed discussion of the amendments tabled. Most concerningly, the programme motion makes it clear that we will have only about an hour for Report, and that hour will almost certainly be entirely ridden over by overrun.
I thank the shadow Secretary of State for making those points, and for highlighting the lack of opportunity for this House to properly and thoroughly scrutinise this legislation today or tomorrow. I lament the fact that this democratic Chamber will have much less of an opportunity to scrutinise the Bill than the House of Lords does. Once the shadow Secretary of State concludes his remarks, we do not need scores of Members to make the same point, because that would eat into our scrutiny time.
I entirely agree with the right hon. Member.
It looks as though we will get no Report stage at all. The idea that there is not time available to the House to debate this Bill properly is laughable. On Wednesday the House is confining itself to the Church Appointments (Repeal of Discriminatory Provision) Bill. On Thursday we have a general debate. This House will not get to vote on any of the Government’s 144 amendments directly, or on any of the Government’s 98 clauses individually.
The new Administration have done one good thing here, for which they should take credit: they have rolled the remedial order into this legislation. We strongly support that. It is something that those on the Conservative Benches have been calling for throughout the progress of the Bill, but we think that, as the right hon. Member for Belfast East (Gavin Robinson) said during the carry-over debate, it would have been far better for the Government to have adopted their own amendments and created a new Bill, and brought that to Second Reading. It would have presented a far more coherent picture of what the Government are now up to. The extremely messy way in which this legislation has evolved means that that would have presented the House with a clearer picture of what was going on, and there could have been greater time to consider the new Bill in its entirety.
As it is, and as the right hon. Member for Belfast East has pointed out, the main scrutiny will have to be done by the upper House. Although their lordships excel at such work, this practice is becoming far too common.
(2 weeks ago)
Commons ChamberI was just going to give way to the hon. Member for Strangford (Jim Shannon). I will then give way to other Members, if that is all right.
That is precisely the point I am making. The Irish Government need to step up to the plate and provide answers. Where they fail to do so, we will take issue with them assertively. The key difference that my right hon. Friend the Member for Leeds South made was ensuring that the Irish Government are introducing legislation that will require them to co-operate in this process and, in many cases, provide answers that are essential in relation to the kind of person that the hon. Member for Strangford refers to.
The Garda legacy unit has been much lauded, particularly by the Secretary of State’s predecessor, the right hon. Member for Leeds South (Hilary Benn). It formed part of the framework that was published last year, and it was meant to be operative from January. Is the Secretary of State aware that from that date until now, that unit has failed to provide any answers or any responses, answer the telephone or respond to emails with any information? Is he aware that there was a public perception that it was providing information until we challenged Helen McEntee as the Minister responsible? She then said that no information would be passed at all until the legal uncertainties were cleared—they have been cleared by Dillon in the Supreme Court—or this legislation passes, yet the Independent Commission for Reconciliation and Information continues to investigate cases. It continues to seek answers for families, and it is getting no responses whatsoever. Does the Secretary of State have an indication that the legacy unit will provide those answers, either following tonight or next Tuesday?
I am going to come on to some of the answers to precisely those questions in just a moment, but I have spoken to Helen McEntee myself repeatedly and made some of those points, as well as to Jim O’Callaghan in the Irish Government. It is very important that the Irish Government play their part; otherwise what is the point? The right hon. Gentleman makes very strong points. He has made them to me before, and I have made them to the Irish Government.
It is a pleasure to follow the former Minister. I enjoyed working with her in that role.
It is incumbent on me to make two initial points. The first is that we only have 30 minutes left in this 90-minute debate and this is the first substantive Northern Ireland contribution. Because of that, I will keep my remarks as brief—uncharacteristically brief—as I can.
Can I also uncharacteristically welcome the tone of the Secretary of State in introducing the carry-over motion? It should be no surprise to him that I lament that we are here debating it. I lament the fact that a Government who came in with such a majority on a promise of repeal and replace is doing neither. I resent the fact that it took 18 months before we received the Bill a year ago, and the advice of my colleagues and I six or eight months ago was that if they Government were going to amend their own legislation so substantively, it would have been better to withdraw it and reintroduce it with coherence and consistency, so that people could look at it and understand its implications properly.
What we have now is but one week. I said this morning and I say again that it is deeply unfortunate for innocent victims and veterans to have but a week to consider and comprehend the import of the amendments—scores of them, with 60 additional pages in the amendment paper—and understand the impact they will have on their rightful quest for truth and justice.
The Secretary of State will know if he has educated himself on these issues and the history of them that we did not support conditional immunity. We do not support those measures, and we are pleased to see some of the issues that he has opened today, and which he released to the media and to parliamentarians yesterday. I lament that during the passage of the legacy Act, although the former Secretary of State, Brandon Lewis, took on board many of the amendments tabled by me and my colleagues, he could not do so in this representative House of Commons, but had to leave it to the House of Lords. Here again, we have amendment after amendment where the Government have thankfully finally listened to some of the amendments tabled by me, by my colleagues in the Democratic Unionist party and by Ulster Unionist party, Traditional Unionist Voice, independent and Alliance Members. The Government have, however, tabled their own amendments.
I do not understand why the Labour Government resisted for so long committing to legislate to root out equivalence between those who upheld the law and those who set out to destroy law and order in Northern Ireland—between veterans and paramilitaries. I am glad that that will be put beyond doubt, because it was a statement of fact before and it should not have been resisted.
The right hon. Gentleman is right that the Secretary of State has tried to weave, with a certain degree of assiduity and dexterity, a silk purse out of a sow’s ear. We have ended up with something satin, and it may not be a purse at all, but what is certain is that we need more time to consider it. It would be preposterous to have such a short time to consider the Government amendments that have been tabled. I suggest that they were tabled in good faith, but good will needs to prevail. We need much more time to consider this matter than the very short time allocated next week.
I am grateful to the right hon. Gentleman—and I am pleased to see that there is a new Deputy Speaker in the Chair, so I do not have to hold myself to the commitments I made earlier. [Laughter.]
I say to the Secretary of State that I am pleased that the Labour Government have accepted that they will legislate on the matter of on-the-runs—again, it is a statement of fact, and I could never comprehend why the Labour Government were resisting such an amendment. So, too, will they legislate to ensure that paramilitaries and former paramilitaries—people who sullied themselves and tried to destroy our society—will not form part of any advisory board to the commission. That is right. I could not for the life of me understand why the Labour Government were resistant to that approach. I am grateful—[Interruption.]. No, it was always indicated that it would not happen in practice, but they would not legislate on the face of the Bill. I say “they”; I mean the Labour Government. I am glad that at least that concession has been given.
I am grateful that the Prime Minister is here, because I want to make a fundamental point, which draws on comments that were opened earlier. It is not often that I agree with the hon. and learned Member for North Antrim (Jim Allister), but I am pleased that he referred to what happened yesterday in the Omagh inquiry. It is beyond me—I hope it is beyond every sensible Member of this House—that the Government are still resisting the dates for the legacy commission. The legacy commission has to stop its work on a given date—the date the Belfast agreement was signed—yet the largest atrocity of the troubles occurred just three months later in Omagh. The Government are resistant to allowing the legacy commission to consider the case of Omagh.
Why is that important? It is important because the Omagh inquiry is set up, and its terms of reference allow the inquiry only to look at what the British state could have done to prevent the largest atrocity of the troubles, yet the Irish Government have questions to answer. Yesterday when John Ware, the former “Panorama” journalist, opened up his evidence in court, he referred to the Irish soldiers who received a bomb warning the day before—on 14 August—in Finner base, as has been mentioned. I have every word of that. Will the Secretary of State ask immediately for a copy of that document? He knows that it goes further; he knows that it says clearly that on 14 August they have to inform the guards and the Northern Ireland security forces and that they have to place people on border checkpoints 196 and 194. It was very clear and precise. Why was it opened up yesterday? Because the belief is that, in a 1,500-page bundle, the Irish did not know that they had given it, and they were worried that it was going to be taken back and not opened up.
If the Irish Government had information the night before, at Finner base, that the Omagh bomb was going to be placed in Omagh, as was opened yesterday in the inquiry, that needs to be explored. Yet it falls outside the terms of reference. All we ask in the amendments is that we legislate for ourselves to say that the legacy commission can at least consider the largest troubles-related incident that sits outside the dates of the troubles.
Jim Allister
Is the right hon. Gentleman’s point not strengthened by the fact that the Dublin Government, despite a recommendation from the Northern Ireland High Court, have refused to hold an inquiry into their role and knowledge of the Omagh bomb? Therefore, the fact that the legacy commission can never investigate it means that it will never be investigated anywhere.
It was Mr Justice Horner, as he was then, who declared in 2021 that there should be an inquiry on both sides of the border to deal with the jurisdictional issues. I say this to the Prime Minister: the legacy commission will have the ability to look at the issues, provided the dates are moved from 21 April 1998 to 31 August 1998. It is easily done, and it is so fundamentally important for those victims and families who suffered at Omagh and who require truth and justice. I make the plea, knowing that I am going beyond the bounds of a carry-over motion debate, that this is so fundamental that we cannot allow this point to pass and for the Government fail those families yet again. Yesterday’s revelation is as stark and as telling as it needs to be. The information shared yesterday falls outside the terms of reference, and yet the legacy commission should and could take on that work.
I intend to revisit this matter next week, but in the interim I implore the Secretary of State, with whom I have raised it on numerous occasions, and the Prime Minister, who I am grateful is here, to consider the import of what was shared yesterday in the inquiry and what was withheld from the Sir Peter Gibson review in the past, when it was emphatically said that the Irish had no warning when they did. The inquiry’s chairman is incapable of drawing conclusions from that because it falls outside his terms of reference. The legacy commission could do that work; it needs to be done.
Members will be aware that we are pressed for time. I will try to get as many people in as I can, so I immediately reduce the time limit to three minutes.
(2 weeks, 1 day ago)
Commons ChamberI am grateful to my hon. Friend for his comments. We were here only a few weeks ago having had the report on Robert Hamill, whose murder occurred against the background of the problems in Portadown back in the day. This issue is still very live and very raw for a large number of people in the community. I have to push back, though, and say that the Parades Commission decision has been upheld by the courts on repeated occasions. I did not revoke the decision, but, given the situation when the section 9 letter came to me from the police the other day, it was absolutely apparent that I had to deal with this matter.
My hon. Friend asks me to get the Irish Government to be engaged. I always want to work as co-operatively as I possibly can with the Irish Government, and I have spoken to them several times, but in the end, security in Northern Ireland is the responsibility of the UK Government. We need to ensure that community relations in Northern Ireland are enhanced.
The Secretary of State is right to indicate that the Parades Commission considered and approved the parade, but how sad is it that on Friday evening, and in his statement this evening, he did not conclude by saying that he is determined to uphold the rule of law, which would include the completion of a parade? He also did not say that he would welcome a fresh application to be considered on its own merits or, whether now or in the future, that he will ensure that no lawful application will succumb to threats of violence. In the past 28 years, the police—the Royal Ulster Constabulary and then the Police Service of Northern Ireland—have always maintained the position that they will police whatever the determination is. They cannot say that any more. For the past 28 years, no Secretary of State has ever used section 11 powers, even when there was actual violence, actual disorder and guns on the street. People in Northern Ireland know that this is about more than obstruction on a road. They know that it is a threat of violence from terrorists, and they know that this British Government have bent the knee to them.
We need to see the rule of law upheld, but we also need to see political accountability. The Secretary of State mentioned schedule 4 of the Northern Ireland Act. He knows that there is no consequence for breach of the pledge of office. Will he meet my colleagues and me to ensure that there is?
The right hon. Gentleman and I have had many discussions about this issue over the past fortnight, and I am grateful to him for the way in which he has conducted those conversations. I do, however, utterly reject the charge that I have in any way succumbed to mob rule. The truth is that things have actually passed remarkably peacefully—there has been no major disorder. Lots of people lobbied me or provided advice over the airwaves on how to deal with the situation, but I do not think anybody seriously proposed that the police should drag people off the street, and I say gently to the right hon. Gentleman that the rule of law is not just a single headline; it is equality before the law, transparent laws, the separation of powers, an independent judiciary and access to justice. All of those things are in remarkably fine fettle in Northern Ireland.
As I have said previously, there are some abnormalities about the way in which the Executive and power sharing work in Northern Ireland. I am very happy to sit down with the right hon. Gentleman and work through ways in which we can make them function better. As I have said to him before, that may require some reform of the institutions at Stormont.
(3 months, 2 weeks ago)
Commons ChamberThe Secretary of State will know that, given the legacy of our past, two Governments are involved. Was he concerned, as we were, that Sir Declan Morgan shared with the Northern Ireland Affairs Committee two weeks ago his concern that he will not have access to unredacted intelligence material from the Irish Government? There is nothing in the Government’s draft legislation or the amendments due to come before this House that would change that around. Is the Secretary of State further concerned that the chief operating officer of the Northern Ireland Office said that day that she would take that point back—to whom we do not know, because she is the chief operating officer—but today has written to the Northern Ireland Affairs Committee to confirm that nothing in the Secretary of State’s amendments or the Irish Government’s legislation would satisfy Sir Declan’s requirement for access to unredacted material from the Irish?
As the right hon. Gentleman knows, the Irish Government published on 8 June their legislative outline, entitled “The General Scheme of the Legacy of the Troubles Bill 2026”. That is intended to fulfil the commitment that the Irish Government gave in the joint framework to co-operate to the fullest extent possible with the commission. The right hon. Gentleman is referring to the position today in the light of the Dillon judgment, and I happen to agree with him. Now that the Dillon judgment has made it quite clear that the commission, even in its current form, is compliant with the European convention on human rights and capable of carrying out investigations, I hope that we will see co-operation in response to the requests that the Independent Commission for Reconciliation and Information Recovery is making of the Irish Government.
That is an answer to a question, but it is not really the answer to my question. I want to hear from our Secretary of State a full-throated recognition that there is a deficit, that Sir Declan needs access to the unredacted material, and that the Secretary of State will secure agreement from the Irish Government for such a change. Does the right hon. Gentleman not recognise that, as we stand here today in July, no remedial order was put before the Lords by the end of June? That deadline has passed. With no progress before the Irish assume the European presidency, which apparently was another deadline that needed to be met and has passed, and with no summit on 22 July, there is no chance that the Secretary of State’s troubles Bill will become law in 2026.
The right hon. Gentleman makes a powerful argument for why the troubles Bill should be passed, because it will enable precisely the information sharing with the Irish authorities that he and I want to see, and that all the people in Northern Ireland who are still waiting for answers would like to receive. That is one of the central arguments for proceeding with the Bill.
(4 months, 2 weeks ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
This information is provided by Parallel Parliament and does not comprise part of the offical record
That is very kind of you, Sir. Roger. I had not planned on such a courtesy being extended. I place on record my appreciation to the hon. Member for North Down (Alex Easton) for securing this debate. Important debate though it is, it would have had much more importance had the Boundary Commission not taken Garnerville out of my constituency and placed it in his. Indeed, had Garnerville remained in Belfast East, I would have been championing its restoration and renewal rather than the creation of PSNI Redburn in Kinnegar.
As Northern Ireland parliamentarians and Members of this Parliament, this is an important opportunity for us to consider the right way we should invest in policing. Hon. colleagues have mentioned the recent programme “Peelers” as a visual demonstration of the pressure that our police service is under and the frailty of the funding model that they face. Devolution of policing and justice in Northern Ireland is not the primary concern. The primary concern is a police service that the Minister of Justice, although accountable for it, strips of resource. She then puts that resource into those direct parts of her Department, including the prison service, legal aid, court service and the Northern Ireland judiciary.
No other part of our criminal justice system has faced the same cuts that the PSNI has. Why? Because the PSNI, rightly and politically, is non-departmental. It does not have the same accounting mechanism, and the Minister of Justice does not have the same responsibility for it. In fact, the PSNI is accountable to the Northern Ireland Policing Board and not the Minister of Justice. The PSNI has been failed. It has been failed by a Minister who has been ill-prepared to prioritise policing and has prioritised those aspects of her Department for which she is wholly accountable. That is wrong. That has been an injustice and a disservice to the brave members of the Police Service of Northern Ireland.
On Sunday, I gathered with hundreds of members of the Royal Ulster Constabulary George Cross Foundation at their 24th anniversary service in Armagh. They are proud, determined people—people who sacrifice. Widows were present, as were others who have sacrificed so much of their own lives to ensure peace and stability in Northern Ireland. As they kept the legacy of the Royal Ulster Constabulary going on Sunday in Armagh, and do so every day of the week, it is incumbent on us, if we are interested in securing a legacy, to ensure the future of the police service in Northern Ireland and the Police Service of Northern Ireland.
I thank you, Sir Roger, for giving me the opportunity to make that short contribution. I am full of acknowledgment and praise for the hon. Member for North Down for securing the debate.
Charlotte Cane (Ely and East Cambridgeshire) (LD)
It is a pleasure to serve under your chairship, Sir Roger. I congratulate the hon. Member for North Down (Alex Easton) on securing this important debate. Before I turn to the substance of the debate, I acknowledge the deeply troubling incident in north Belfast last night, in which a man was seriously injured in a knife attack on Kinnaird Avenue. My thoughts are with the victim and his family, the members of the public who attempted to stop the attack and the PSNI officers who responded. Those officers are precisely who this debate is about, and we should all be asking whether they have the support, resources and facilities that they deserve.
As we have heard, 25 years ago the Belfast agreement promised a new beginning for policing in Northern Ireland. Out of that promise came the Patten commission, which led to the establishment of the Police Service of Northern Ireland. It is worth noting, as many Members have, that policing in Northern Ireland is a devolved matter, with day-to-day funding allocated by Stormont’s Department of Justice. This Parliament does not set the PSNI’s budget, but the UK Government are not disinterested observers. Responsibility for national security rests with Westminster: additional security funding and paramilitary crime taskforce funding are channelled from here, and Treasury decisions—including the refusal to meet Stormont’s reserve claim for the £119 million cost of the 2023 data breach—carry direct consequences.
The police college at Garnerville sits at the centre of all this, training every officer who joins the PSNI, and it exports that expertise to forces in Great Britain and the Republic of Ireland, as well as internationally. Every PSNI officer carries a personal protection firearm, including when they are off-duty—something that applies nowhere else in UK policing, fortunately. The standing authority under Patten recommendation 65 has not been withdrawn because the threat has not gone away. The terrorism threat level was reduced from severe to substantial in March 2024, having been raised to severe following the attempted murder of Detective Chief Inspector John Caldwell in Omagh in February 2023. The PSNI recently told the Northern Ireland Affairs Committee that there is no operational difference between the two threat levels: the posture, vigilance and resource commitment remain the same. No other policing workforce in the United Kingdom has to weigh the personal security implications for them and their families when simply deciding whether to join the police force.
The latest student officer recruitment figures, released in February this year, underline the scale of the challenge. The 2026 recruitment campaign received more than 4,100 applications, but that was down from more than 4,800 last year. Of those, nearly 27% identified as Catholic, against almost 29% the year before. The current intake runs at 51 student officers per month through Garnerville, barely keeping pace with the number of police leaving at the other end. Each of those officers completes the 22-week programme at a site that Patten identified as inadequate back in 1999. The PSNI told the Northern Ireland Affairs Committee that the continuing terrorist threat, legacy perceptions and resource pressures are active barriers to recruitment from all communities. No training college can resolve those barriers alone, but a modern, accessible facility would at least stop them compounding.
It matters that Patten recommendation 131 remains undelivered. The Desertcreat project—a proposed shared police, fire and prison training facility in County Tyrone—was abandoned after costing more than £12 million without a building completed. As we have heard, the PSNI has since purchased the Kinnegar army base in Holywood, which it acquired from the Ministry of Defence for £4.9 million.
I apologise for interrupting the hon. Lady, because she is making a good speech with important information. She mentioned Patten recommendation 131 not being prioritised. People sometimes forget, but we should praise the fact that 1,000 members of the Catholic community in Northern Ireland wished to apply for 400 vacancies—that is a good and positive thing. However, paragraphs 15.1 and 15.2 of the Patten report, which call on political leaders, community leaders, priests, Ministers and all with positions of influence to encourage engagement with, support for and recruitment to the PSNI, have not been honoured. Does she acknowledge that, sadly, far too many people today, particularly in senior positions of public leadership, will not engage with the police, encourage their community to participate with the police, or see policing as the great career of public service that it truly is?
Charlotte Cane
I agree that it is vital that everyone supports the PSNI and encourages people from across Northern Ireland to engage with it positively. One would hope that a good, modern training centre would help to present it as a good organisation to join.
To develop the site at Kinnegar, investment is needed. Patten recommended a new college 26 years ago, and although the Government accepted that recommendation, the PSNI is still waiting for one. Behind the college’s infrastructure problems sits a deeper funding failure: in real terms, the PSNI has 40% fewer resources than at devolution in 2010. Officer numbers stand at approximately 6,250—the lowest since the service was established—against the Patten recommendation of 7,500, as we have heard. Since 2014, the PSNI has incurred £167 million in legacy costs, with a further £24 million anticipated this year, drawn from the same budget that funds the college and recruitment. The Northern Ireland Affairs Committee has recommended a dedicated, ringfenced funding stream for legacy obligations, separate from the operational policing budget that the Chief Constable has been asking for.
I have three questions for the Minister. The first is on counter-terrorism funding. ASF has been broadened to cover the same threat categories as the Home Office counter-terrorism grant, yet that grant reaches £1.2 billion in 2026-27 while ASF stands at £37.8 million. The Government may point to the Barnett formula, but Barnett allocates on population, not on threat. Even combined, Barnett and ASF do not account for a force in which every officer carries a firearm and 3,200 specialist security deployments took place in a single year. Will the Minister confirm whether ASF is allocated based on need or on population share? If it is the latter, do the Government accept that, even combined, Barnett and ASF fall short for a force with no equivalent anywhere else in the United Kingdom?
Secondly, on legacy, the Northern Ireland Troubles Bill will drive legacy costs higher still, and those costs continue to be met from the same budget that funds the college and recruitment. Do the Government accept the Northern Ireland Affairs Committee’s recommendation for a dedicated, ringfenced funding system to meet those costs separately?
Thirdly, on the college itself, Kinnegar has been purchased, but its development depends on investment funding that has not yet been committed. Will the Government make a specific capital commitment to deliver a new police college for a service with training requirements that have no parallel anywhere else in the United Kingdom?
Matthew Patrick
That is funding to the Department of Justice rather than directly to the PSNI but, as I stated, given the hours of police time saved, that investment will clearly have a benefit.
On the matter of funding for the PSNI, many Members rightly raised resources, and a few raised some specifics. The hon. Member for Strangford (Jim Shannon) raised the serious issue of rural crime, which I know that he, the Ulster Farmers Union, the PSNI and many other Members take very seriously. It is not the only factor at play; as he also mentioned, the land border brings with it complexity, and makes the relationship between the PSNI and the Garda Síochána very important. That positive relationship is crucial.
I have mentioned the record settlement and the fact that the Executive must make the decision to allocate their resources. Although the PSNI is devolved and operationally independent, as we would expect, the Government remain in close contact with it and the Department of Justice. Powerful points were made. I note that Northern Ireland continues to have the highest number of police officers per head of all nations in the United Kingdom.
The hon. Member for Strangford mentioned funding for legacy, which was also mentioned by the hon. Member for Ely and East Cambridgeshire (Charlotte Cane). The previous Government put £250 million into funding legacy institutions. In addition, as announced in the joint framework, the Irish Government will contribute €25 million to support legacy mechanisms.
I mentioned the record settlement given by this Government and the increase to the additional security funding. Of course there is a requirement on the PSNI, as there is on many other UK Government Departments and agencies, to disclose information. The PSNI is no longer dealing with the caseload it had before the establishment of the Independent Commission for Reconciliation and Information Recovery.
Let me add that the Chief Constable has raised the matter directly with the Government. The Government are engaging with him and the PSNI about the resource concerns in relation to disclosure.
The hon. and learned Member for North Antrim (Jim Allister), the hon. Member for Brentwood and Ongar (Alex Burghart) and others discussed the numbers and composition of our police; the hon. Member for Brentwood and Ongar may have rung the death knell for my career given his kind words, but I will try to address his concerns. As of 1 June this year, the PSNI has 6,341 full-time-equivalent officers. The Northern Ireland Executive’s programme for government recognises that PSNI officer numbers are low. The Executive’s commitment to grow police officer numbers to 7,500, in line with the 2020 “New Decade, New Approach” agreement, is very welcome.
A well-staffed, well-resourced and well-trained PSNI is vital to the success and stability of Northern Ireland. I am aware that the PSNI restarted recruitment in December last year; the Department of Justice got an additional £7 million in Executive funding to meet the full cost of year one of the PSNI’s workforce recovery plan. Apart from national security, policing in Northern Ireland is a devolved matter and police numbers are a matter for the Department of Justice and the Chief Constable.
I move on to parading, which was mentioned by a number of hon. Members. Determinations are rightly a matter for the independent Parades Commission, which acts independently of Government. My right hon. Friend the Secretary of State has no role in that process. Determinations are legally binding, and it is important that all involved in parades and protests adhere to the rule of law and abide by any determinations made by the commission.
As others have said today, we all have a responsibility to respect the rule of law and use temperate language to reduce tensions around sensitive parades and protests. The commission continues to have the full support of the Government in its challenging role in relation to parades in Northern Ireland.
I have listened carefully to what the Minister has to say. The NIO rarely ever exercises its powers when it comes to the Parades Commission—it can intervene, but it refuses to do so. The fundamental problem that arose on the weekend was that protesters could not adhere to the Parades Commission’s determination because somebody within the police decided, in their policing plan, to ensure that they blocked the very place where the commission said the protest should occur. That is the fundamental problem. If the Minister is to address this issue, as he is doing, he must give some consideration to the inability of lawful protesters to adhere to a lawful determination because of the actions of the PSNI.
Matthew Patrick
I hear the right hon. Gentleman’s comments. Securing locally agreed arrangements for managing parades in Northern Ireland is the best option for sustainable, long-term reform. The UK Government are committed to continuing to work with local parties and others to secure the restoration of those institutions. Until such time as alternative, locally agreed arrangements are forthcoming, the Parades Commission remains the only legally constituted body that can adjudicate contentious parades in Northern Ireland. Ensuring that communities in Northern Ireland can peacefully celebrate and demonstrate their culture in an environment of respect and tolerance is of the utmost importance.
I will draw my remarks to a conclusion.
(4 months, 2 weeks ago)
Commons ChamberUrgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.
Each Urgent Question requires a Government Minister to give a response on the debate topic.
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(Urgent Question): To ask the Secretary of State for Northern Ireland if he will make a statement on reports of a serious violent attack in north Belfast involving a foreign national, and the implications for public safety, immigration enforcement and community cohesion.
I am grateful to the right hon. Gentleman for his question. Shortly after 10.30 pm last night, a man in his 40s was subjected to a horrific, sustained knife attack on a street in north Belfast. He is in hospital in a serious condition, having suffered very severe injuries. I know the thoughts of the whole House will be with him and his loved ones at what must be a time of unimaginable distress. The response from the Police Service of Northern Ireland was immediate. A man in his 30s was arrested on suspicion of attempted murder. He remains in police custody, and the PSNI is continuing to investigate. It has declared this a critical incident.
Amid the horror of what happened, we also saw something extraordinary. When confronted with scenes of terrifying violence, members of the public did not walk on by. Instead, a number of them stepped forward and, at immense risk to their own safety, intervened to pull the assailant away and protect the victim until the police arrived. To those individuals, I would like to say this: you showed the very best of humanity, and you have the profound gratitude of this entire House.
This was a horrific and brutal attack, and the PSNI is seeking to provide support and reassurance to the local community. The Chief Constable, to whom I have spoken twice this morning, and his officers have our full, unwavering support as they pursue their inquiries. I would also like to repeat their appeal not to share or repost footage of the attack out of respect for the victim’s family.
I echo the words of the Prime Minister this morning that there is no place for such violence on our streets. All of us have a responsibility now to urge calm and let the police do their job.
Mr Speaker, may I first thank you for granting this urgent question? The attempted murder in Belfast last night was chilling. What has been seen by thousands already across the country cannot be unseen. It was medieval—the systematic mutilation and attempted slaughter of a citizen of Belfast on our streets. My prayers are with the victim. I praise the brave man who, with a hurl in his hand, intervened to save his neighbour’s life, and this House should praise him too.
What occurred last night will have profound implications for community cohesion in this country. This needs to be a time for honesty, openness and truth. Will the Secretary of State confirm that he and his Government recognise that uncontrolled immigration needs to end? Will he confirm that the Government need to reassure and protect our population, who for too long have had their concerns ignored?
Knowing that the Secretary of State, the Chief Constable and I share a concern that there could be violence, I express my wish and our collective desire for calm, but community cohesion lies on the precipice. Will the Secretary of State confirm that the actions last night in no way reflect or represent the values of our nation, and that the victim belongs in Belfast but the attacker does not? Having abused the privilege of our nation, the perpetrator—living in the UK under a five-year visa—needs to be convicted and deported on the first flight out with a one-way ticket.
First, the footage that many people have seen is, indeed, truly horrifying. On the right hon. Gentleman’s last point, as he will be well aware, any foreign national who abuses the hospitality of this country to commit crimes should be in no doubt of our determination to deport them. We need to allow the criminal justice process to take place. On his question about net migration, as he will know, it is now down 82% from the peak reached under the previous Government.
I would most particularly echo what the right hon. Gentleman said in appealing for calm, because we have seen previously in Belfast in August 2024 and in Ballymena in 2025 what happens after horrific incidents. When there is disorder on the streets, it is the communities that suffer; it is innocent people who suffer and whose lives can be put at risk. That is why all political leaders—all—have such a solemn responsibility to urge the calm that I have called for in my response to his question today.