Northern Ireland (Executive Formation etc) Act 2019 Section 6 Debate

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Department: Department for Levelling Up, Housing & Communities
Monday 30th September 2019

(4 years, 7 months ago)

Commons Chamber
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Nick Hurd Portrait Mr Hurd
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I understand the point that the right hon. Gentleman is making. I can assure him that, as we work towards the regulations and consult on their detail, the guiding principle—fundamental to the Government, and which we believe is the basis of consensus on which to proceed—is that we see this as a pension that is not designed for terrorists or those injured at their own hand. We will have to work through the detail of how it works and the burden of proof in those situations, but I am clear—as I am sure he is, because I have heard him speak passionately on this subject before—that I do not believe there is consensus in this place to move forward without that guiding principle. I do not think that this Parliament, under any Government, would seriously propose making payments to terrorists or those injured by their own actions. That principle needs to guide us as we get into the detail.

We are clear that what we are considering is a payment in recognition of the suffering of those severely injured through no fault of their own. The victims’ pension is the right thing to do, and I genuinely congratulate those, such as the WAVE Trauma Centre, who have made the case with such tenacity and resilience over the years. Like many Ministers and shadow Ministers before me—Conservative and Labour—I have listened to and been deeply moved by the stories of those whose lives have been profoundly affected by the terrorist atrocities of the troubles. When we read the stories of people such as Paul Gallagher, Jennifer McNern or Peter Heathwood, it is frankly impossible not to be moved by their courage and resilience. The reality is that there has been widespread criticism of compensation schemes in the past. Many of those who would benefit from the payments feel that they were not treated well or supported in the right way, and it is surely time that we do more to support those individuals.

Jim Shannon Portrait Jim Shannon (Strangford) (DUP)
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On 10 December 1971, Daniel McCormick, a part-time soldier in the Ulster Defence Regiment, was murdered. His wife and three children got compensation of £3,500. Will the Minister give a commitment that that matter will be sorted for that family?

Nick Hurd Portrait Mr Hurd
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I can give the hon. Gentleman a commitment that the Government absolutely accept the case for victims’ pensions and payments and recognise, as I just said, that we need to do more to support individuals and families affected in that way. We are determined, as I hope I will persuade him, to move forward, not just through the sense of moral obligation that we feel, but because this Parliament now obliges us to, as a result of legislation passed in the summer.

Jim Shannon Portrait Jim Shannon
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I thank the Minister for what he said, but what I am trying to get to is that £3,500 was paltry compensation for a wife and three children. What we need for that family, going back as far as December ’71, is compensation that equates to what would be given today to people who are innocent victims. This was a Roman Catholic part-time soldier who had resigned from the UDR and was murdered because he served his country.

Nick Hurd Portrait Mr Hurd
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We are talking about innocent victims and a victims’ payment scheme which is not about restitution or compensation; it is about recognition and acknowledgment and doing more to improve the dignity and quality of life of those who are eligible. As I have acknowledged, there have been criticisms in the past about the effectiveness, fairness and efficiency of compensation processes, and it is, in part, in acceptance of that that the Government, with cross-party support, are extremely committed to moving forward on this matter.

As the House would expect me to point out, this is a devolved matter. It will, of course, always be our strong preference that the establishment of a payment scheme to acknowledge the harm done to victims of the troubles in Northern Ireland be led by Northern Ireland political parties within an established Executive. That is the first priority for us. The Secretary of State has left the Chamber, but I commend him for his active support of that process and hear the observations of the elected representatives of the DUP on that point. One thousand days on, we recognise that, not least due to the advancing years of many of those who could benefit from a victims’ pensions scheme, we must draw this matter to an acceptable resolution without delay.

The previous Secretary of State, my right hon. Friend the Member for Staffordshire Moorlands (Karen Bradley), who was in her place but has left, asked the Northern Ireland Commissioner for Victims and Survivors to provide comprehensive advice on how a scheme of payments to those seriously injured in the troubles could be progressed, so that the issue was not indefinitely stalled in the absence of an Executive. That advice has been received. The UK Government are now committed, under the Northern Ireland (Executive Formation etc) Act 2019, if there is no Executive in place by 21 October—I have heard some pessimism on that front—to bringing forward regulations before the end of January, to ensure that a victims’ payment scheme can come into force in Northern Ireland by the end of May next year.

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Nick Hurd Portrait Mr Hurd
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It is more than a technical point; it is a point of fairness. Both of those lines of inquiry reflect the fact that what was discussed through the Stormont House agreement, as I understand it, was relatively narrow in scope. We are discussing widening the scope and thinking through the consequences of doing so. I would not even be entertaining this conversation if our minds were not open to doing that, but it reinforces the need to think through the consequences, including the financial consequences, and the ability to defend any proposals.

Jim Shannon Portrait Jim Shannon
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My hon. Friend the Member for Belfast South (Emma Little Pengelly) referred to people from Scotland, Wales and England who served in the Army. The same question applies to those from the Republic of Ireland who served in the British Army, of whom there is quite a number—sometimes, how many is underestimated. Will the same levels of compensation and pension apply to them, too?

Nick Hurd Portrait Mr Hurd
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The word “compensation” has come up several times. I think I should clarify that we are not talking about a compensation scheme. The victims payment scheme was originally crafted and designed to acknowledge the damage, harm and suffering that have occurred, and hopefully through those payments to make a difference to the dignity and quality of people’s lives. The hon. Gentleman presses me on the scope of a proposal that is wider than the one considered as part of the Stormont House agreement. We have to think it through and determine the degree to which we can hold a consensus.

To bring this to a close—I sense your approval, Madam Deputy Speaker—I wholly concur with the hon. Member for Belfast South on taking a victim-centred approach. I have been shocked by the way in which victims of the troubles have been left to feel neglected and disrespected. I feel strongly that we need to move forward on this agenda. One of the clear messages from the debate was the support for the guiding principle that we should constitute this scheme only as payments for those injured through no fault of her own. The hon. Lady pressed me for a commitment, and she is right: we can act, because this Parliament has rightly obliged us to so, and we will act, not just because the law requires us to do so if the Assembly is not up and running by 21 October, but because it is so clearly the right thing to do.

Question put and agreed to.

Resolved,

That this House takes note of and approves the Report pursuant to Section 3(13) of the Northern Ireland (Executive Formation etc) Act 2019—Victims’ Payments, which was laid before this House on Wednesday 4 September.