Northern Ireland Troubles Bill

Jim Allister Excerpts

2nd reading
Tuesday 18th November 2025 Commons Chamber

[Hilary Benn]

I shall come on to this point, but decisions about prosecutions are made by prosecutors independently—that is the absolute foundation of our independent legal system—based on the evidence. If one looks at the facts, in the 27 and a half years since the Good Friday agreement, one veteran has been convicted for a troubles-related offence; going back to the point made by the right hon. Member for New Forest East (Sir Julian Lewis), that veteran received a suspended sentence.

If asked to give evidence to an inquisitorial proceeding, any veteran will be entitled to seek anonymity, as is already the case for public inquiries and inquests. The commission and coroners will have to consider the health and wellbeing of elderly witnesses, and whether it would be appropriate for them to give evidence at all. A new statutory advisory group will provide an opportunity for victims and survivors of the troubles, including those from a service background, to be heard during the commission’s work. This group will, of course, not include anyone who has been involved in paramilitary activity.

[Jim Allister (North Antrim) (TUV)]

The Secretary of State says that the group will not include any former paramilitaries, but where in clause 8—or elsewhere—is there a prohibition on such participation? The clause is about victims and survivors, and those terms are undefined. Under our current iniquitous definition, a victim could be somebody who made themselves a victim by blowing themselves up with their own bomb. According to the clause, such a person could serve on the advisory panel.

[Hilary Benn]

I would ask the hon. and learned Gentleman to reflect on what I have just told the House: anyone who was previously involved in paramilitary activity will not be appointed to the victims and survivors group. I am giving the House that assurance as the Secretary of State.

These measures will be complemented by other commitments to ensure, for instance, that no veteran is cold-called. The Defence Secretary and I will continue to work with veterans, the Royal British Legion, the Veterans Commissioners and others to ensure that we get this right.

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[Colum Eastwood (Foyle) (SDLP)]

Fifty years ago this month, Columba McVeigh was taken away by the IRA. He was murdered and his body was disappeared. His family are still searching for his remains. Two years later, the same happened to Captain Robert Nairac. Before that, there was Jean McConville, who we know about—a widowed mother of 10, disappeared by the IRA. Eventually, many years later, her family were reunited with her remains.

The people who carried out those tragic murders—those despicable war crimes—would, if the Conservative party had its way, be free from any concern and from prosecution. Majella O’Hare was 12 years old when she was shot by a British soldier on her way to chapel in Armagh. The same goes for Majella. Patsy Gillespie was chained to a van by an IRA unit and made to drive the van with a bomb into an army base on the Buncrana Road in Derry. Patsy was killed along with five other soldiers, and the people who murdered them would be free from prosecution if it were up to the Members on the Opposition Benches.

I have to say that as I sat with the families of Bloody Sunday in a court last month and looked at their devastated faces after 53 years of searching for justice, I expected better from some of our leaders and politicians. I did not expect tweets with the Parachute Regiment insignia being put out by some senior Members of this House and I did not expect fulsome support for Soldier F from others. Let me just put this on the record, because it is important. It seems to me that lots of people who talk about Bloody Sunday never actually bothered to read the Saville inquiry—an inquiry that was, of course, set up by a British Government, led by a British judge and supported by subsequent British Prime Ministers.

Soldier F, by his own admission, killed five people on Bloody Sunday. He killed Michael Kelly and William McKinney. He shot James Wray in the back and while Wray was lying face down on the floor in Glenfada Park, Soldier G came over and finished him off, standing on top of him and shooting him in the back. Soldier F then shot Paddy Doherty, who was crying out that he did not want to die alone, so Bernard McGuigan crawled to him waving a white handkerchief. What did Soldier F do to Bernard McGuigan?

[Jim Allister]

Will the hon. Member give way?

[Colum Eastwood]

I am going to finish this. What did Soldier F do to Bernard McGuigan? He shot him in the head, killing him instantly. He then tried to kill an Italian journalist who was looking through a window in the Rossville flats. Soldier F shot six bullets into that window and by a miracle Fulvio Grimaldi survived. Soldier F then went on to pervert the course of justice by lying through his teeth, claiming that four of the people he shot, who were subsequently proven to be innocent civilians, were engaged in riotous behaviour. He went to Fort George army base, where the people who were arrested that day were being held. He assaulted several civilians, including a Catholic priest, Terence O’Keeffe. He then stood a 16-year-old boy, Denis McLaughlin, up against a gas blow heater until he fainted and collapsed. What did he do then? He kicked the young fella to his feet and asked him whether he wanted a drink. When the young man answered that he did, he spat in his mouth.

A few months later, on 7 September 1972, Soldier F went to the Shankill Road—we do not hear that from Unionist politicians, by the way—and admitted shooting a Protestant man called Robert Johnston. He lied again, saying that Robert was a gunman. He was not, and the coroner’s court made that absolutely clear. Robert Johnston was totally innocent as well. I have never once heard a Unionist politician, or anybody in this House, stand up for Robert Johnston and the other man killed on that day.

[Jim Allister]

Is the hon. Member saying to this House that the evidence of the person just described, Soldier G, who he has described as a liar and a perjurer, should have been used to convict Soldier F? Does the hon. Member not accept the verdict of our court? He appeals for justice. Our courts have given a verdict on Soldier F. Does he accept it?

[Colum Eastwood]

There was one reason that I and the Bloody Sunday families accepted the verdict. It was because the point was made absolutely clear: between 1970 and 1974, the British Government, the British Army, the Royal Military Police and the RUC were engaged in a cover-up of mass proportions, when any single member of the British Army who was arrested was questioned without legal representation and not under caution. That meant that any of those cases were doomed before we even got started.

What I am laying out in this House today—and the hon. and learned Member might not like it—is not whether or not there was a conviction in the court; I am laying out the truth, not as I see it but as Soldier F admitted it, and as was found by an international inquiry of truth that was set up by the Labour Government and accepted by them as well. It was also accepted by Prime Minister Cameron, who said that what happened on that day was “unjustified and unjustifiable.” Then, we see the British Government and the MOD paying at least £4.3 million to defend somebody whose actions they knew were unjustified and unjustifiable. That is the truth. Those are the facts. He got far more legal representation than anybody would under legal aid, and if anybody wants to check those figures out, they are available for all to see.

What has happened in this debate is that people seem unable to come to the simple fact that every single murder was wrong, whether it was committed by the IRA or by the British Government, and that not one single person should be free from prosecution. They should not be allowed impunity. As for those people who stand in this House and talk about how great the British Army was and how much they care about the British Army, if that is your position, why then are you accepting and supporting people who committed mass murder?

Northern Ireland Troubles Bill (Carry-over)

Jim Allister Excerpts

Carry-over motion
Monday 27th April 2026 Commons Chamber

[Hilary Benn]

That is self-evidently the case, because the protections that I just read out, which the Government have put in this legislation, would not exist. That is a powerful argument why the Bill should carry over.

[Jim Allister (North Antrim) (TUV)]

rose—

[Hilary Benn]

I hope the hon. and learned Gentleman will forgive me; many Members want to speak.

I will turn briefly to some of the arguments that will be made against carrying over the Bill, because I think it is important that we conduct this debate on a shared understanding of the facts.

First, on prosecutions, in the last 28 years just one soldier of the 250,000 who served in Operation Banner has been convicted of a troubles-related offence. During all that time there have continued to be inquests and cases investigated. The truth is that the chances of prosecutions are rapidly diminishing. Secondly, I remind the House that the basis on which any decision about a prosecution is made rests, as it always has done, with independent prosecutors. No one who has done their duty lawfully has anything to fear. Thirdly, on the claim that paramilitaries—in particular the IRA—were given amnesty by the on-the-run letters, they were not. At the moment, there are eight troubles cases in which suspected paramilitaries have been charged with murder or attempted murder, including of soldiers and members of the RUC.

Let us not forget that, when in government, the Conservative party wanted to give immunity to terrorists. That is what the legislation said. Members and colleagues will be aware that there are many unsolved killings of British service personnel, whose families deserve answers, including of those in a number of the most deadly IRA attacks, such as Guildford, Warrenpoint and the M62 coach bombing. The Opposition’s argument against the motion rests on their wish to return to immunity, which never existed and is wrong in principle.

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[Alex Burghart]

I am sad to say that I am not surprised by either of those things. I am not surprised that the Government are living on vague promises to table amendments—despite having had six months to do so. I am sorry to say that I am not surprised that certain Government Front-Bench Members have chosen to absent themselves while expecting Labour Back Benchers to turn up and go through the Lobby without them.

[Jim Allister]

The Member refers to the absence of publication of any amendments by the Secretary of State—promised, but not delivered. Might that be because this Secretary of State, who has embarrassingly shown himself to be wholly beholden to the Dublin Government, has not yet got their approval for those amendments? Might that be the truth of the matter?

[Alex Burghart]

I fear that the hon. and learned Gentleman is right. This morning, we saw that Sinn Féin have spoken out in opposition to the very idea of amendments, so we wonder how it will be possible for the Secretary of State to table amendments without the agreement of Dublin, without the agreement of Sinn Féin, and without the whole framework he has built collapsing beneath him.

The Bill promises victims the earth. It raises their hopes, but I am afraid that in practice it will offer nothing in the way of conclusion or finality. That is because although there will be court cases, inquests, trials, reviews and challenges, as the Secretary of State himself has said, the prospect of conviction now is vanishingly small. The number of answers that victims will get will be minimal. All the while, veterans will be hauled before the courts, investigated for years and subjected to all the pain and ignominy that that will bring. The process has become the punishment. That is why none of the amendments that the Government are speculating to the press about tabling will do anything to solve the problem before us.

The Opposition have long argued that a different approach is necessary: one that draws a line under the conflict, draws a line under the legal conflict that has subsequently followed and builds a new system that builds on the strengths of the peace process as it was defined in 1998. In 1998 it was understood that there could be immunity in return for information; it underpins the legislation brought forward to support the peace process. That is why we have legislation on the destruction of weapons; it enables forensic information to be destroyed. It is why we have legislation that enables people to come forward and reveal where bodies are buried without fear of prosecution; that is immunity. It is why we had letters of comfort and royal pardons of mercy. It was understood that immunity would be an essential part of the peace process, for everyone who was not a veteran.

Northern Ireland Troubles Bill (Carry-over Extension)

Jim Allister Excerpts

Carry-over motion
Tuesday 13th October 2026 Commons Chamber

[Chris Bryant]

I will, in just one second. That is for the precise reason that sometimes people popped over the border, did the killing and then returned. That is why it is very important that one of the things that my right hon. Friend the Member for Leeds South secured in the agreement with the Irish Government was their full co-operation in this process.

[Jim Allister (North Antrim) (TUV)]

rose—

[Gavin Robinson (Belfast East) (DUP)]

rose—

--- Later in debate ---

[Chris Bryant]

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.

[Jim Allister]

rose—

[Chris Bryant]

I will give way to the hon. and learned Gentleman, and then I ought to make progress.

[Jim Allister]

The Secretary of State lays great store by the southern authorities in the Republic of Ireland co-operating, but did we not have a classic example yesterday of the duplicity of the Dublin Government? In the Omagh inquiry, it emerged that they had sat for 28 years on an intelligence document that indicated that the night before the Omagh bomb, there was a phone call to the Irish army’s Finner Camp indicating that the bomb was coming, with the declaration “Omagh, Omagh, Omagh.” That was never passed to the RUC that night. It was sat upon until now, allowing the narrative to grow that it was the RUC that had been negligent, when it was quite clear that the southern authorities had held back information that could have avoided that horrendous bomb.

[Chris Bryant]

I too have read the reports that the hon. and learned Gentleman refers to, which of course are very disturbing. There is an ongoing inquiry, and it is not my job to do the work of that inquiry, but it is absolutely the job of the Irish Government to provide all the information the inquiry needs to do its work effectively.

The Irish Government have set out the framework for their own legislation, and we want to see that progress swiftly in parallel with ours. In previous debates, there was some question about whether we had to complete our legislation before the Irish Government were going to do their legislation. To give further assurance, we will require the Secretary of State to lay a written ministerial statement before the full commencement of the troubles Bill, outlining the progress made by the UK and Irish Governments. I have spoken directly to Minister McEntee, and she has now said repeatedly in public that the Irish Government will march in lockstep with us when it comes to legislation, with the aim of having both of our sets of legislation come into force on the same day.

The Bill’s Committee stage will be next week, and colleagues will want to consider all these matters in depth, but I want to end by urging everyone not to underestimate the importance of us enabling families to get the answers they require. We have already heard in this Chamber from our own Members the pain, grief and anguish—and sometimes the sense of revenge and anger—that comes with the fissures that opened up many, many years ago. I cannot tell Members how many times I have heard those same calls, often from people who lost members of the armed forces serving under Operation Banner, and often from people who served in the RUC. When the Good Friday agreement came about, I suppose there was a moment when everybody thought, “We’ve done our work now. Peace has come.” The last couple of weeks have shown that peace can sometimes be a very thin veneer, and sometimes the people who bore the biggest brunt of that peace—who had to sort of suck it up—were the families who had lost loved ones. Those families have never managed to get answers. I do not think we can ever really build a strong future for Northern Ireland unless we fully understand the past, and understanding the past means making sure that we get answers for people.

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[Gavin Robinson]

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.

[Gavin Robinson]

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.

--- Later in debate ---

[Jim Allister (North Antrim) (TUV)]

The right hon. Member for Goole and Pocklington (David Davis) put his finger on this matter. The genesis of this is important. The previous Secretary of State went to Dublin and entered a legacy framework agreement in September 2025—in good faith, I am sure, on his part—where the Dublin Government promised the fullest possible co-operation. Yet we saw exposed yesterday just how meaningless that is when it comes to the most serious and extensive terrorist attack there ever was, when they sat on the intelligence from the night before that there was a bomb heading to Omagh. “Omagh, Omagh, Omagh,” is what the message said, and it was ignored.

The Secretary of State referred to the fact that there are many cross-border dimensions to this. Yes, there are. The killers of hundreds of people crossed the border, took sanctuary south of the border and were supplied from the south of the border, and yet we are talking about a legacy arrangement where no answers will come from the Dublin Government. They were sent 52 questions by the Omagh inquiry. They answered two of them. That is the extent and scale of the good faith, and yet that Government are still suing the United Kingdom Government in the European Court of Human Rights—

[Madam Deputy Speaker]

Order.