Northern Ireland Troubles Bill Debate
Full Debate: Read Full DebateJim Shannon
Main Page: Jim Shannon (Democratic Unionist Party - Strangford)Department Debates - View all Jim Shannon's debates with the Northern Ireland Office
(2 days ago)
Commons ChamberI start by paying tribute to those who spoke yesterday on the first day of Committee. There were excellent contributions from both sides of the Committee and from all sides of the debate. A number of the issues discussed are not strictly within scope of the new clauses and amendments today, but I will return to them on Third Reading because they are essential to the broader discussion that we are having. I just wanted to say that there were some powerful speeches that resonated across the divides.
In that spirit, I want to begin with what the Opposition welcome. Government new clause 51 effectively ends the debate on the highly controversial on-the-run letters, the so-called letters of comfort. These were letters issued by the Government to republican suspects, primarily those affiliated to the IRA. They arose because, while the 1998 agreement’s early release scheme covered convicted paramilitary prisoners, it did not cover those who had never been charged, who had been charged but had escaped, or who had escaped after conviction.
Sinn Féin argued that this was anomalous and that resolving the status of such individuals, many of whom were seen as important to republican support for the peace process, was necessary. Where Sinn Féin identified concerned individuals, the Government then assessed whether they were wanted, and if they were not, a letter of reassurance was issued. It has long been argued that such letters did not offer immunity to prosecution. However, as the hon. Member for Upper Bann (Carla Lockhart) has pointed out, that was not so, because in 2014, John Downey, an IRA man accused of perpetrating the 1982 Hyde Park bombing, produced his letter at the Old Bailey and the trial collapsed. While it was said that Mr Downey’s letter had been issued in error, there is no doubt that that letter prevented him from being put on trial for that crime. Whatever confidence there was in the scheme then completely collapsed, and despite the considerable work of Lady Justice Hallett, doubts have lingered. The Government are right to put this issue beyond all doubt by amending the Bill.
Similarly, we welcome Government amendment 251, which obliges the Secretary of State to lay before Parliament a statement about the actions taken by His Majesty’s Government in the United Kingdom and the Government of Ireland in pursuance of the joint framework. This is a replacement to amendment 46, tabled in my name, which did much the same thing. The importance of this measure is that the Government will have to give an assessment of the progress that the Republic has made in laying its own legislation before ours can come into force.
I ask the Secretary of State to confirm from the Dispatch Box that this statement will explicitly cover, as I think is set out in the framework, the investigation by the Garda of all unresolved troubles-related incidents within its jurisdiction. It is important that any statement that he gives to the House when both pieces of legislation are complete covers that specific issue, which was an important element of the framework.
The hon. Gentleman is speaking about troubles-related crimes. On the question of those who have escaped across the border, I have had opportunity to mention Gerry McMonagle. He was taken to court for the murder of Hugh “Lexie” Cummings in 1982. The summons that was made for him was unfortunately not absolutely correct, and in the time it took to correct it at the Omagh court, that gentleman escaped across the border. He has risen to be a significant member of Sinn Féin. He has been the mayor of Donegal county council. The fact of the matter is that he murdered Lexie Cummings in 1982. Is it not time for that gentleman to be taken to court? Should this not be one of the cases on which the Republic of Ireland works with the Government here, to ensure that that man is jailed?
My hon. Friend raises an important case, and I am glad that he has had an opportunity to put it on record.
Yesterday, the Secretary of State said that the Irish Government had committed to working
“in lockstep with us so that our legislation and their legislation will come into force on the same day.”—[Official Report, 19 October 2026; Vol. 791, c. 798.]
I hope the Secretary of State will confirm that, this being the case, he will not commence this legislation until the Irish legislation is ready to be commenced.
I am happy to clarify my remarks for the hon. Gentleman. I am certainly not saying that at all. I am explaining why the inquisitorial process has suffered such a loss of confidence. It is because of the way in which certain inquests have been conducted and the way they have behaved. I am not talking at cross-purposes with the hon. Gentleman.
In the case of Clonoe, we are dealing with the fact that a van-load of men shot up a police station with a fully automatic machine gun and were confronted by the security forces. In the case of Loughgall, an IRA unit attacked a Royal Ulster Constabulary base and were shot. Those security forces, who kept our country safe in those moments, were asked to do extremely difficult things. They no longer trust the inquisitorial process, because they can see where it leads. It leads to lawfare—to years of court processes in which, even when the judges say, “This is a farce,” or, “This is ludicrous,” they are powerless to prevent the legal aid cavalcade from going on and on.
Amendment 113, which appears in my name, and the amendment tabled by my right hon. Friend the Member for Goole and Pocklington would essentially do the same thing that the hon. and gallant Member for Birmingham Selly Oak was seeking yesterday: they say, “Enough of the multi-track approach; let us put all the inquests into the legacy commission.” Let us dispense with the twin-track approach, which the hon. and gallant Member argued against yesterday. Of course, the twin-track approach is really a three-track approach, because inquiries are still being granted. As we argued at the time, the Government should have asked ICRIR to deal with, for example, the Finucane inquiry rather than set up a new public inquiry. Then, because of civil cases, we will have a four-track approach. For all the reasons mentioned here, I very much hope that the Government will at the very least accept that, where we are dealing with military action against known terrorists, the inquests ought to be dealt with by the legacy commission.
I am very mindful, as we often are in Northern Ireland, of the experiences we have with many people. I think of the murder of the four UDR men at Ballydugan. The person who did that was Colum Marks. When Colum Marks was later in the process of setting up a mortar bomb to attack the RUC in Downpatrick, he was shot. He deserved to have that capital punishment in Downpatrick. The family should never try to engineer an inquiry for someone who was quite clearly the head of the IRA in the area. When he died, the IRA campaign stopped. That tells you all about it. He is burning in hell today—couldn’t happen to a nicer person.