(5 days, 7 hours ago)
Commons ChamberThe provisions that apply exclusively and only to service personnel are: first, the arrangements to prevent cold calling—a protocol will be agreed with the commission in relation to that—and secondly, not being required to rehearse the history when the Ministry of Defence would be perfectly capable of providing that information. The hon. and learned Gentleman, being a distinguished lawyer, will know that, in respect to other arrangements for witnesses, the law requires that they are available to all witnesses.
Many families have been struggling and campaigning for years for truth and justice, and they are now hopeful that we can get to the truth. We know that MI5 admitted only a few months ago that it had not given all of the files over to Operation Kenova. I am also aware that there are many Northern Ireland Office and MOD files that have not yet gone through the freedom of information process and are therefore not available to the National Archives. Will the Secretary of State commit today to ensuring that those files are available to the new legacy commission?
The legacy commission has the right to receive all information that it requires to do its job. We are proposing in the legislation to amend the arrangements for disclosure, to require the Secretary of State to conduct a balancing exercise, which was not in the previous Act, and to require the Secretary of State to give reasons, in line with standards that apply across the UK. In addition, any decision of the Secretary of State is open to be judicially reviewed. Those are important changes that I hope will give people in Northern Ireland greater confidence.
(6 days, 7 hours ago)
Commons ChamberI thank the hon. Gentleman for what he said. I hope he knows that I will do anything and everything I can to try to find a way forward, in partnership with as many Members of the House as possible. For a long period of time, this question has been subject to the bipartisanship which, in the main, has characterised relations between the parties in the House on matters to do with Northern Ireland. I recognise that there are disagreements in relation to one aspect of what we are putting forward; that does not mean that we cannot work together on the others.
I take the hon. Gentleman’s point about the importance of seeing the legislation required in Ireland to give effect to the proposals. I was standing next to the Tánaiste when he made it quite clear—to give an example—that he would ensure legislation was in place to deal with the commitment to enable witnesses to give evidence to the Omagh public inquiry before the hearings resume in March. That seems to be an important example of good faith.
I suppose that the Secretary of State will forgive some of us for being cautious before we are ready to believe that the Government, the state and any paramilitary organisation will give over the information that is required. In fact, right now there are families across the road in the Supreme Court in legal dispute with the Government because the Government are withholding information from them. We know that there is a pattern.
When it comes to inquests, will the Secretary of State look again at the sifting process? Will he give family views primacy when it comes to deciding which cases will have an inquest? Will he drop his proposal to give himself the power to appoint judges in that inquisitorial mechanism? The important principle of the independence of the judiciary needs to be held up.
On inquests, there are three statutory tests that the Solicitor General will have to apply. In answer to an earlier question, I indicated what they are. Family views will be one of the considerations, but if inquests cannot proceed because of sensitive information, would it not be more sensible to put it into the commission, which can deal with sensitive information, because it has provision for closed hearings?
No doubt my hon. Friend will make the point about appointment processes when we come to discuss the Bill. However, on the agreement on the information-retrieval mechanism, I point out—this is also relevant to the point made by the Opposition—that that was negotiated by the previous Conservative Government and the Irish Government, and it formed part of the Stormont House agreement. What is the purpose of it? It is to enable those who have information to pass it to the body, which can then pass it to the families, and that information will be a protected disclosure, which is not the same as immunity.
That system has worked well through the independent commission for the location of victims’ remains in recovering quite a number of the remains of those who were abducted, tortured, murdered and buried by the IRA. I hope that it is a step forward in going back to what was agreed at Stormont House by the previous Government, the Irish Government and the political parties—well, not all of them—and will be welcomed on all sides.
(4 months, 4 weeks ago)
Commons ChamberThe Supreme Court judgment was in 2020, and the last Government could not find a legal solution in almost three years. I am committed to finding one, and I promise that I will update the House when we have found it.
(6 months, 2 weeks ago)
Commons ChamberAs I pointed out in my previous answer, the Windsor framework, which was negotiated by the previous Government and was a huge improvement on the Northern Ireland protocol, is the only available means of managing the challenge of having two systems, with two different sets of rules, and an open border. Not all Members of the House may want to recognise that fact, but it is a fact, and we have to deal with it.
The Secretary State will be aware that over the past couple of decades investment from US companies in Northern Ireland has been important for economic growth and for cementing the peace process. As we all await the announcement from the President of the United States later today, will the Secretary of State give some thought to supporting businesses that could be detrimentally affected by any potential tariffs in Northern Ireland?
We are going to have to wait and see what the US Administration decide. As I have already indicated, the Government will take the steps that are necessary in the national interest, but we are seeking to negotiate an agreement, and that work is continuing, notwithstanding what is announced later today.
(7 months, 3 weeks ago)
Commons ChamberAs I understand it, there is a long-established arrangement under which people can move from one side of the border to the other to seek care, particularly in Donegal and Derry/Londonderry. Things would be slightly different in Scotland, for physical reasons, but once again, I am sure that all opportunities that can be taken to help people get the care they need would be welcomed.
The Secretary of State will be aware that it has been a year since the Executive was finally re-established. In that time, they have still been unable to agree a programme for Government. This morning, we learned that today’s meeting to agree it has been moved again. Does he agree that, for the sake of the people of Northern Ireland, it is time they got on with it?
As I indicated a moment ago, I look forward to the Executive adopting a programme for Government. I am aware of what happened earlier today; I am confident that another meeting will be arranged, and I look forward to seeing the programme adopted.
(1 year 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.
This information is provided by Parallel Parliament and does not comprise part of the offical record
The right hon. Member is very generous and kind to me, but I cannot claim credit for the Belfast city deal—it was unaffected by the announcement that the Treasury made—and the signing of the full financial deal for the Derry and Strabane city deal was scheduled anyway. After clarification, that deal is going ahead, but when I meet the chief executives shortly, I hope to learn more about the point she raised about the practical impact. It is important that we understand the impact; that will inform the representations that are made.
It seems to me that these questions would be better directed at the Treasury, because that is where the decision was made. I thank the Secretary of State for the work he did over the weekend after the 17th to secure the much-needed Derry city deal. He has said that there will be an update in the Budget about the other two deals that have been paused. Can he confirm whether that will be an update or a decision?
Although my hon. Friend encourages me to, I will not speak for the Chancellor. She will tell us what is in the Budget when she stands up on 30 October.
(1 year, 1 month ago)
Commons ChamberI am grateful to the Opposition spokesperson for his opening remarks, and I will respond directly to his very legitimate questions.
What is unique about this case—I apologise for the length of the opening statement but I thought it was really important to take the House through the history—is the commitment given on two previous occasions by the Government of our country that there would be a public inquiry. To come to his last question, it sets no precedent, but there were exceptional circumstances relating to this case that led me to take this decision.
I will of course, especially as the Finucane family have been waiting 35 years, seek to establish the inquiry as quickly as possible. We have to appoint a judge. The judge then has to be consulted by myself about the terms of reference. The time it takes will depend on how the inquiry unfolds. I am acutely conscious of cost—the hon. Gentleman’s point was extremely fair—which is why it seems to me that, given all the material and information that is already out there, what the inquiry can most usefully do is not seek to go over all of that, but interrogate the information, material and witnesses as necessary. As the Supreme Court made clear, that is what has been missing that led it to conclude that this was not article 2 compliant.
We have a commitment to repeal and replace the legacy Act, and we will begin that process shortly, finally laying to rest the conditional immunity. The hon. Gentleman will have heard what the Government have said about civil cases and inquests. On the independent commission, while I shadowed this role in Opposition and since taking up the office of Secretary of State, I have been very clear that while we want to return to the principles of the Stormont House agreement, there needs to be information recovery and there needs to be continuing investigation. It is true that the agreement envisaged two separate bodies, but those functions are combined in the ICRIR. As I have been very frank in saying, now that body has been established and all its staff appointed, I really do not see the point in abolishing it only to recreate something that looks very much like what we have today. It is a pragmatic decision that I have taken. I also made clear in my statement that I am committed to considering further steps to strengthen the ICRIR’s independence and its powers as necessary. I hope that provides the hon. Gentleman with the reassurance he was looking for.
On 17 January 1989, Conservative Minister Douglas Hogg claimed in Parliament that solicitors in Northern Ireland were
“unduly sympathetic to the cause of the IRA.”—[Official Report, Standing Committee B, 17 January 1989; c. 508.]
Seamus Mallon MP responded that he had
“no doubt that there are lawyers walking the streets or driving on the roads of the North of Ireland who have become targets for assassins’ bullets as a result of the statement that has been made tonight.”—[Official Report, Standing Committee B, 17 January 1989; c. 519.]
Three weeks later, lawyer Pat Finucane was shot 14 times and murdered in his own house in front of his wife and three children.
I commend Geraldine Finucane and the Finucane family, including of course the hon. Member for Belfast North (John Finucane), on their tireless campaigning to get to this point, and I thank the Secretary of State for finally doing the right thing on behalf of the British Government in announcing this inquiry. When does he envisage the inquiry beginning?
I thank the hon. Gentleman for his appreciative words. He alludes to a very, very unhappy history in this and many other cases. I do take the point made by the hon. Member for Brentwood and Ongar (Alex Burghart) about all the pain and suffering that all families have experienced, but in this particular case, I have decided that this inquiry is the right thing to do.