Privilege

Jim Shannon Excerpts

Monday 14th July 2025 Commons Chamber

[Simon Hoare (North Dorset) (Con)]

I beg to move,

That

(1) the transcript of unreported oral evidence taken from Mr Baxter by the Northern Ireland Affairs Committee in private session on 11 November 2009 be referred to the Committee of Privileges;

(2) the Committee consider the petition from the Secretary to the Omagh Bombing inquiry in relation to that evidence and take any advice it considers necessary;

(3) the Committee’s powers, including the power to report and publish evidence if it considers it appropriate to do so, shall apply in respect of that evidence;

(4) the Committee report to the House on the actions it has taken and any other matters it considers relevant by 30 October 2025; and

(5) if the Committee considers the evidence should remain unreported, the Committee’s report should include a recommendation on the desirability or otherwise of the release of the evidence to the Omagh Bombing Inquiry.

I thank you, Madam Deputy Speaker, for allowing this debate today. I raise the matter as a former Chair of the Northern Ireland Affairs Committee, a current member of that Committee and the current Chair of the Public Administration and Constitutional Affairs Committee, which by dint of shadowing the Cabinet Office overlooks the Inquiries Act 2005. I have worked closely with the current Chair of the Northern Ireland Affairs Committee, the hon. Member for Gower (Tonia Antoniazzi), on the motion. We simply hope to take the procedural step needed to enable the important work of the Omagh bombing inquiry to be effective, while in tandem respecting the rights of the House.

On Wednesday last week, my hon. Friend for Gower—for she is a friend in respect of this work, as well as in many other respects—presented a petition from the secretary to the inquiry asking for access to unpublished Committee evidence. We must not forget what lies behind this motion, so let me quote from the 2008 report of the Northern Ireland Affairs Committee into the Omagh bombing:

“On Saturday 15 August 1998, a 500 lb car bomb exploded in Market Street, Omagh, County Tyrone, killing 29 people and two unborn children. The bombing caused more death than any other single atrocity committed during, or since, the Troubles in Northern Ireland. More than 250 people were treated in hospital and hundreds more were also injured. The Real IRA claimed responsibility for the attack three days later. No one has been convicted of causing the bombing.”

Like colleagues across the House, I think it is important that we remember and honour those innocent people who were killed and injured that day. Questions still remain and the inquiry seeks to answer them—let us hope that it does so.

[Jim Shannon (Strangford) (DUP)]

I was born in Omagh a long, long time ago—70 years ago, to be precise. I do not remember very much about it, but Omagh has always been dear to my heart. I remember well the event as it took place, the people that day and the tears we all shed for the people of Omagh, and we seek justice. Families have suffered for too long and I support their quest for justice. Does the hon. Member agree that justice should be at the forefront of the minds of all right hon. and hon. Members during this process?

[Simon Hoare]

I agree wholeheartedly with the hon. Gentleman. If this place is not a champion of justice and its pursuit as a high court of Parliament, what is it?

Northern Ireland Veterans: Prosecution

Jim Shannon Excerpts

Monday 14th July 2025 Westminster Hall

[David Mundell (in the Chair)]

I remind Members that they should bob if they wish to be called in the debate.

[Jim Shannon (Strangford) (DUP)]

On a point of order, Mr Mundell. Before the debate, I spoke to you, the Speaker’s Office and the shadow Minister. Many of us here would love to participate in the other debate in the main Chamber, but we cannot because we cannot be in two debates at one time—some people have tried that; I have tried in the past, and it does not work. If possible, we would like for MPs from Northern Ireland to be able to make at least an intervention, and maybe ask a question in the other debate. I seek some guidance from you, Mr Mundell—I hate to put you on the spot, and I apologise for doing so—because there are not just MPs from Northern Ireland here, but others who served, who probably wish to do the same.

[David Mundell (in the Chair)]

Thank you for that point of order, and for highlighting the conflict between this debate and the matter to be considered in the House later. I have considerable discretion in who is called and when they are called, and I will seek to exercise that in the most effective way possible.

--- Later in debate ---

[Jim Shannon (Strangford) (DUP)]

It is a pleasure to serve under your chairship, Ms Lewell. I commend the hon. Member for Berwickshire, Roxburgh and Selkirk (John Lamont) for setting the scene on behalf of the Petitions Committee.

We have all spoken about this subject repeatedly, but let me be very clear that I will not tire of speaking up for our veterans about these entirely vexatious prosecutions. I declare an interest as somebody who served in the Ulster Defence Regiment for three years as a part-time soldier in an anti-terrorism role, and served for 11 and a half years as a member of the Royal Artillery—that was obviously a cold war role. The fact was that to be a soldier in Northern Ireland, whether in the Ulster Defence Regiment or any other regiment, was to be under threat.

I want to take up the comment of the hon. Member for Berwickshire, Roxburgh and Selkirk about the yellow card. As 18, 19 or 20-year-olds, we read out our yellow card every night before we left. Not one of the soldiers I served alongside, or any I knew, ever disregarded that yellow card. The role that a soldier had to play was quite clear.

We all know why these cases exist. To say that they are seeking justice does not paint the whole picture. The cases are pressed by republicans in an attempt to whitewash the history into a Hollywood version that paints them as freedom fighters oppressed by an evil regime. Well, they were not. The blood of those who were murdered at chip shops, burned alive with a napalm-like substance when out for a meal in a restaurant or mowed down with machine guns when attending their church—the blood of these innocent victims cries out against all attempts to change that appearance from pure evil to justifiable. These atrocities and crimes can never, ever be justified. There is no Hollywood lens that could make the Omagh bombing—there will be a debate about that in the main Chamber shortly—seem like it was in pursuit of a noble cause. It was not, and it never could have been.

The reason why these soldiers were stationed in Northern Ireland was to deal with the very real and lethal threat from paramilitaries of all beliefs—loyalist and republican alike. It was under that threat that the soldiers operated. I was just saying this to one of the girls in the office last week. In March 1971, three off-duty Scottish soldiers were lured from a bar by an IRA operative and murdered along the road on the way to a party. They were not on duty; they were off duty, but the IRA saw them as targets.

When our British Army personnel were on duty, they were checking cars at road checkpoints to find razors hidden in car seats with the express purpose of injuring them. They were ambushed on the roads, shot at and killed or maimed. The circumstances in which they operated were not those of war as it had been known—it was guerrilla warfare, and these men were on constant high alert. Indeed, their mental health continues to pay the price today for that high state of alert.

The reason why I highlight that is twofold. First, the high state of alert in a situation that is highly charged and in which men know that their life is on the line at any second means that a split-second decision that they took 40 or 50 years ago may be difficult for them to remember and justify now. To expect these men to come to court to give an account on the detail of cases is simply untenable, especially as they were previously investigated and told that there was no case to answer, so you can understand, Ms Lewell, why we ask the question, “Why do it again?” Secondly, there is the harm from men trying to put themselves back in these positions. In terms of their mental stability, it is incredibly difficult and, indeed, can be damaging. To ask them to go back there is simply traumatising those who did nothing but follow an order.

Were we to be discussing cases in which soldiers or personnel went off on their own cognisance and carried out an attack, by all means hold them accountable and let them mount their defence, but that is not what we are questioning here. Today, we are asking 80-year-old men how they carried out the order 50 years ago, what they saw when they carried it out and why they did that. This is simply not fair or just.

The Army reviewed decisions taken at the time and brought people to justice for miscarriages of justice. The Government cannot come into a civil court 50 years later and retraumatise these men for doing what their officers required of them when there is no case to answer. That is why I believe these vexatious claims must stop. There can be no true justice from them when these men were acting under orders, and we cannot send this message to serving personnel today.

[Sammy Wilson (East Antrim) (DUP)]

Will my hon. Friend take an intervention?

[Jim Shannon]

A pithy one, Sammy, if you know what pithy is.

[Sammy Wilson]

Will my hon. Friend accept that people being dragged to court, sometimes for the second or third time, is not about justice or accountability, but about harassment and an attempt to find ways of rewriting history, and that is why this is so wrong?

[Jim Shannon]

Yes, that was pithy—well done. My right hon. Friend is absolutely right: it is the rewriting of history and an injustice done to soldiers who served. There are many in this room who served; indeed, the Minister for Veterans and People is an honourable and gallant Member.

I will conclude with these words, because I am conscious that others want to speak and I am certainly not going to take any more than my five minutes. These men served in circumstances that I can well remember, because I served alongside them. Many in this Chamber may not be able to imagine what that all meant. They laid it on the line to protect us, and we have, I believe, a duty to protect them from the reimaging that Sinn Féin-IRA seek to carry out to justify their evil events. We can never believe that this was a fight for freedom. This was a fight against a faceless, brutal, murderous enemy that haunts service personnel to this day.

Oral Answers to Questions

Jim Shannon Excerpts

Wednesday 2nd July 2025 Commons Chamber

[Hilary Benn]

The spending review gives the Northern Ireland Executive more funds to disperse as they see fit. It comes alongside the publication of the industrial strategy, the funds that the Government are making available and the £30 million that will come to Northern Ireland through UK Research and Innovation. There is funding available and there is great wealth, talent and potential in Northern Ireland to make the best use of it.

[Jim Shannon (Strangford) (DUP)]

What assessment has the Minister made of the impact of Barnett funding on health in Northern Ireland, given that the Northern Ireland Department of Health’s financial bid falls below requested and required levels each year? It is important that we have funding for health, so will the Secretary of State outline what that will be?

[Hilary Benn]

The Government make funding available to the Northern Ireland Executive through the block grant. As the hon. Gentleman will know, it is for the Northern Ireland Executive to decide how they distribute the money between all the needs in Northern Ireland, including health, where of course there are significant pressures. The public services transformation funding that the last Government made available is now beginning to be used to reform some of the ways in which the health service works.

Oral Answers to Questions

Jim Shannon Excerpts

Wednesday 21st May 2025 Commons Chamber

[Fleur Anderson]

I absolutely agree with my hon. Friend about tackling attitudes. I have met and I am supporting many groups, and I will highlight two that I have visited. The excellent Foyle Family Justice Centre in Derry/Londonderry supports victims, and the St Joseph’s Boys’ school in Creggan is doing fantastic work, with the support of White Ribbon NI, through the shaping mindsets programme, which tackles toxic masculinity head-on in the school.

[Jim Shannon (Strangford) (DUP)]

I thank the Minister of State for all she does on her visits to encourage people across Northern Ireland, especially women, ladies and young girls. What we really need in Northern Ireland is legislative change, longer sentences and more people convicted. What discussions has she had with the Minister responsible for police and justice in Northern Ireland to ensure that, legislatively, we are moving fast to try to stop violence against women and ladies in Northern Ireland?

[Fleur Anderson]

I thank the hon. Member for raising this issue, and he is absolutely right that what we do needs to be rooted in what happens on the ground. I met the executive unit working with the police to tackle perpetrators, and they are seeing evidence of that. The legislation for our jurisdictions can be joined up—that is absolutely right—but what has come across to me on many visits is the need to tackle what happens online. The Online Safety Act 2023 is now being enacted through Ofcom, which undertook a consultation in Belfast recently on its draft guidance. It proposes practical steps for online safety, and steps to tackle misogyny, pile-ons, domestic abuse and other harms. He is absolutely right about what we can do, through our efforts on the ground, if we all work together.

Windsor Framework: Parcel Delivery

Jim Shannon Excerpts

Wednesday 30th April 2025 Westminster Hall

[Jim Allister (North Antrim) (TUV)]

I beg to move,

That this House has considered the impact of the Windsor Framework on parcel deliveries across the Irish Sea.

It is a pleasure to serve under your chairmanship, Ms Lewell. Tomorrow, 1 May, the noose of the Irish sea border will tighten even further in respect of business in Northern Ireland. We already have the red lane Irish sea border, subject to the full complement of EU requirements, through which all raw materials for our businesses have to pass. We also have what was called the green lane, which has been renamed but otherwise little about it has changed, for the passage of other goods; we have a business-to-consumer border for parcels; and now—in some ways the most threatening because of the scale of the businesses that will be affected—we have the business-to-business parcel border. Of course, that is a border partitioning the supposed United Kingdom and its supposed internal market.

The essence of an internal market is that goods move unfettered and unchecked between and within all parts of it. We now have something else, courtesy of the absurd protocol—or, as we now call it, the Windsor framework. In view of the fact that that decreed that we in Northern Ireland are subject to the EU’s customs code, which in turn decrees that Great Britain is a third or foreign country, we now have the absurdity of various dimensions of border for the passage of goods from GB to Northern Ireland.

For 200 years, the Northern Ireland economy has been intensely integrated with the GB economy, particularly in manufacturing. It was always the northern part of Ireland that had the big manufacturing sectors. Therefore, the integration, in particular with regard to the supply of raw materials, has been pivotal and GB has been the primary source of all that.

Now, parcels will be subject to rigorous EU requirements, including the requirement for a commodity code—

[Jim Shannon (Strangford) (DUP)]

Will the hon. and learned Gentleman give way?

[Jim Allister]

In a moment. Information must be provided about the country of origin each item, the value of each item and the total value of all the items in the parcel, and any goods that are at risk of passing into the EU’s single market across the border. One of the weaknesses of the protocol is the presumption that everything is at risk of passing, and therefore any raw material—if it is going into manufacturing, who knows where it will end up?—has to go through all that rigour.

That is a preposterous imposition, not just in bureaucracy, but in cost and making Northern Ireland non-competitive. It means that a business manufacturing something in Northern Ireland that it wants to sell back on the GB market or wherever is subject to restraints, which will increase costs, making it less and less competitive. That is one of the greatest iniquities of the sea border and of the business-to-business parcels border.

We have had the protocol in place for four years. Is there any evidence that business parcels are imposing any harm on the EU single market? Have the Government, the EU or anyone else carried out an audit of the alleged harm that business parcels passing from GB to Northern Ireland could do? For four years, they have been flowing unfettered because of the grace periods, so where is the harm caused to the single market that must now be protected from?

[Jim Allister]

Of course, the natural, inevitable consequence of that is that GB suppliers will simply say, “It’s not worth the candle. We’re not going to make the effort. Why should we put ourselves through all these hoops in order to supply to Northern Ireland? It’s not a huge market in the first place. We’ll simply stop supplying.” That has already happened. I constantly receive complaints from consumers, but increasingly I am getting them from businesses that say, “We know that our suppliers will simply stop supplying.” That is going to be another hammer blow to our economy.

[Jim Shannon]

I congratulate the hon. and learned Member for bringing forward the debate. He is right to underline the issues and the concerns of both his constituents and mine. The internal market movement information obligation, which begins tomorrow, means that importers must be members of the internal market scheme as authorised parties, as my right hon. Friend the Member for East Antrim (Sammy Wilson) referred to. My constituents tell me that they are most concerned and confused, and that they do not quite understand the system. Does the hon. and learned Gentleman agree that it is totally unrealistic for the Government to expect small businesses and individuals—my constituents in Strangford—to understand the obligations and abide by them due to ridiculous EU interference? The Government have an easier way of sorting this out: they must take steps to legally remove the obligation from their citizens in Northern Ireland. Do that and the problems are solved.

[Jim Allister]

Indeed. This is a real issue. In my constituency of North Antrim, I have many satellite small engineering firms. Many of them are subcontractors to Wrightbus, for example. They get their raw materials from GB. To get a simple parcel of bolts, nuts, washers or whatever, because they are manufacturers, they will now have to go through the processes of the red lane business-to-business border. That is in circumstances in which there is no evidence—if there were, we would have heard of it—that the EU’s vast single market is being the least bit impacted by business-to-business parcels. The people who will now be affected are those businesses —the people who employ my constituents.

The other consequence of the machinations of this border is that when GB suppliers stop supplying, firms will have to get their raw materials from somewhere, and some of them will have to come from the Republic of Ireland. Of course, that is the overall, underlying intent of the Windsor framework: to reorientate the economy of Northern Ireland away from its GB roots and connections, and to force an increase in all-Ireland trade. Here we are, arriving at a situation where we have a perfectly unfettered, all-Ireland single market, but in the nation of which we are a part, the United Kingdom, our single market is fettered and partitioned. That was the intent of the protocol. The protocol was always about making Northern Ireland the price of Brexit, and so it is turning out to be.

EU Tariffs: United States and Northern Ireland Economy

Jim Shannon Excerpts

Tuesday 8th April 2025 Commons Chamber

[Hilary Benn]

As I think I have said to the hon. and learned Gentleman before, I would not have started from here myself in relation to the cause that led eventually to the negotiation of the Windsor framework, which was a huge improvement on the Northern Ireland protocol. We do not control the decisions that the United States Administration have taken. What we have to do is make sure that we stand with businesses, including in Northern Ireland, to provide them with support, and a mechanism that allows them to reclaim the tariff is the most practical step we can take. It is already in place because of the Windsor framework.

[Jim Shannon (Strangford) (DUP)]

The Secretary of State has outlined the case, but I am afraid he has not given any answers, and that is disappointing. The promise was made to Northern Ireland MPs that we would not be disadvantaged by any EU retentions. That is clearly not to be the case, and Government need to address that directly. Will the Secretary of State set out when discussions to extricate Northern Ireland from EU rules will begin and when we can expect to see our interests looked after, as was promised by both the Prime Minister and the Secretary of State? I was here last week when we got those promises, but today, unfortunately, we do not.

[Hilary Benn]

The situation that Northern Ireland businesses may find themselves in if there are EU retaliatory tariffs is a product of the Windsor framework, which gives benefits to businesses in Northern Ireland as well as requiring the payment of the tariffs that can be claimed back. The single most important reason for sticking with the implementation of the Windsor framework is that we want to negotiate closer economic relationships with the European Union, including a sanitary and phytosanitary and a veterinary agreement.

Members from Northern Ireland have on many occasions raised the consequences of the current arrangement. Things could be a lot easier if we get that agreement, but as I have pointed out to the House many times before, if we do not honour the last agreement that the United Kingdom as a country signed under the last Government with the European Union, how exactly do we expect to get a new agreement—in particular an SPS and veterinary agreement, which would help many businesses in the movement of goods across the Irish sea?

Clonoe Inquest

Jim Shannon Excerpts

Wednesday 2nd April 2025 Commons Chamber

[David Davis (Goole and Pocklington) (Con)]

May I start by thanking the Secretary of State? The public will not necessarily know that it is very unusual for the Secretary of State to respond to an Adjournment debate, and his presence here demonstrates how important this is and how seriously he takes the task. It also brings back fond memories for me, but that is another matter.

I hope that every Member of Parliament elected to this House believes that upholding justice should be our first priority as a Parliament. The right to life is the first among the rights we should uphold. That justice, and that right, should be even handed, and there should be no exception for agents of the state. I believe that, and accordingly I was a fierce critic of the state in, for example, the unlawful killing of Jean Charles de Menezes, the torture of Binyam Mohamed, and the failure to protect and provide justice for the six Catholics who were murdered at Loughinisland in 1994. There is no general exception when the state gets it wrong. Justice must, by definition, be fair and practical, and I am afraid the findings of the Northern Ireland coroner on the Clonoe incident were neither.

To understand the significance of this inquest ruling, we must consider the context. Operation Banner was the British Army’s longest deployment, spanning from 1969 to 2007. More than 300,000 soldiers served sequentially in Northern Ireland, and despite immense challenges, the British Army performed admirably. They were not beyond reproach—Bloody Sunday is a striking example, I fear—but the massive majority of our soldiers acted with professionalism and restraint in the face of danger.

The troubles led to 3,500 deaths and 50,000 injuries. More than 90% of them were caused or brought about by paramilitaries. The British Army’s rules of engagement were clear—governed by the yellow card, which soldiers carry at all times. Soldiers were required to issue a challenge before using force, unless doing so would put them or others in immediate danger. The intent was clear: to protect innocent lives, while allowing the use of lethal force when it was necessary and reasonable. Some 1,400 members of the security forces died in those troubles. They killed approximately 300 terrorists. Those figures, and that ratio reveal the discipline and restraint of our soldiers and our policemen acting under yellow card rules. They also reflect the personal risk to the soldiers and policemen of observing those rules.

Unsurprisingly, the IRA members never carried a yellow card. They targeted civilians and committed murder without warning. Their methods ranged from torture, followed by a bullet in the back of the head, through to the mass murder of innocent civilians in atrocities such as the Omagh, Claudy and Ballykelly bombings and the utterly cold-blooded Kingsmill executions. Incidentally, the IRA was responsible for more Catholic deaths during the troubles than any other group.

The IRA members were terrorists, but we should not forget that they were also criminals specialising in organised crime. They made £5 million or £6 million a year from protection rackets, smuggling, extortion, drugs, tax fraud, state benefit fraud, fraudulent front companies, illegal gambling, theft and other crimes throughout the island of Ireland. If colleagues want evidence of that criminality, in 1990 I carried out an investigation of those activities, which was written up on 6 November of that year in the Financial Times. The point is that the IRA was both a criminal gang and a terrorist organisation. Now it is trying to rewrite history.

[Jim Shannon (Strangford) (DUP)]

First, I commend the right hon. Gentleman on securing this debate. He has been a stalwart supporter of the armed forces on every occasion in the time that I have been in this House. He has been a supporter of what is right and of justice, and he sets a standard for us all to follow. I commend him for that, and I thank him. I also thank him for working alongside my party leader, my right hon. Friend the Member for Belfast East (Gavin Robinson), and the shadow Secretary of State, the hon. Member for Brentwood and Ongar (Alex Burghart) on these issues and for moving things forward with this Adjournment debate.

Does the right hon. Gentleman agree that the message sent through this coroner’s report is a massive overstepping of power? It will have security implications for every branch of policing and the armed forces in the United Kingdom of Great Britain and Northern Ireland, and it must be struck down as not only ultra vires but factually incorrect. Those who carried out the attack on the Royal Ulster Constabulary station did so with the intent to take life, and they were rightly assessed as doing that and dealt with in an appropriate manner. This republican rewriting of the truth must end now in this Chamber.

[David Davis]

The hon. Member is exactly right, and he prefaces what I intend to say. He repeats the point that his party leader made in the urgent question, when he said that the judgment was ultra vires. I believe the right hon. Gentleman was right in that, although I leave that to the lawyers.

To answer the rest of the question from the hon. Member for Strangford (Jim Shannon), we have to return to the actual facts of the Clonoe incident. The self-styled East Tyrone brigade was one of the most active Provisional IRA units. In the late 1980s and early 1990s, it undertook a surge of activity, pursuing a Maoist-style murder strategy. I think it was called Lynagh’s strategy at the time.

In August 1988, eight soldiers were killed by a Provisional IRA bomb at Ballygawley. On 7 March 1989, two Protestants were shot dead at a garage in Coagh. A former member of the Ulster Defence Regiment, Derek Ferguson, was murdered in 1991, also at Coagh. An attack against Glenanne barracks on 31 May 1991 left three soldiers dead. It is also thought that some of their members were involved in the Derryard attack in 1989, notably using a heavy machine gun, probably the DShK we will see later in this story, to kill two British soldiers.

In February 1992, the RUC special branch found out that the IRA was planning a number of attacks on 15 and 16 February. It had information that an IRA team, armed with a 12.7 mm Soviet DShK heavy machine gun and three Kalashnikov rifles, would attack the Coalisland police station. The intelligence indicated that the attack would be mounted from the Clonoe chapel car park, so the SAS commander’s plan was to arrest the terrorists as they formed up at the car park, preventing the attack on the police station altogether and seizing the heavy machine gun.

The commander did not know how many terrorists, vehicles or weapons would be involved, but it was thought that as many as 20 IRA members could be involved. The troop sergeant assessed the rather straggly hedge line adjacent to the car park to be the only suitable position where partial concealment was possible, but it notably did not provide cover from gunfire. The SAS team carried the standard Heckler & Koch G3K rifle and one soldier had a general purpose machine gun. Perhaps more notably in this context, some had shotguns loaded with alternate rounds designed to smash windscreens and deliver tear gas to immobilise the drivers and stop the vehicles. The soldiers also carried caltrops to wreck the tyres of vehicles attempting to escape. The armour-piercing rounds that the judge referred to could penetrate body armour, but their primary purpose in this context was to penetrate the engine blocks of the vehicles and stop them.

The equipment was all designed to stop escape and allow arrest—that is the key point. The plan was to close in on the IRA operatives and to arrest them as they assembled and mounted the heavy machine gun on to the vehicle in the chapel car park. At 7.40 pm on that dark February night, 12 members of the SAS were in position on the boundary of the Clonoe chapel car park, behind the hedgerow. The soldiers observed the movements of five cars in and out of the car park. They were assumed to be reconnaissance vehicles scouting out the car park for the lorry to which the DShK was to be attached.

However, the intelligence briefing was wrong—an error that ended up creating chaos and extreme danger. Instead, at around 22:40 hours, the lorry-mounted DShK was used to attack the Coalisland police station. Sixty rounds were fired at close range from the DShK and from the Kalashnikovs. As the hon. Member for Strangford (Jim Shannon) said, the attackers’ intent was clear: to kill police officers. They were all would-be murderers; of that, there can be no doubt. The gunfire could clearly be heard and the tracer bullets were observed by the SAS patrol in the car park at Clonoe.

After a minute or two, the soldiers heard another burst of gunfire. The soldiers, of course, did not know that that was simply bravado. For all they and their commander knew, hiding behind their hedge, the murder gang were engaging other soldiers or other policemen. Within a minute, the lorry appeared out of the darkness, driven at breakneck speed, lurching around corners and with its engine screaming in too low a gear. As it drove into the car park, the IRA truck’s headlights illuminated the SAS position behind the hedgerow. At that point, the soldiers did not know whether they had been spotted. The soldiers then stood up, advanced on the occupants of the lorry and three other vehicles in the car park with the lorry, and opened fire. Four IRA members were shot dead, four were wounded, one of whom was arrested at the scene and, notably, given first aid by the soldiers, and others fled in cars.

Now we come forward to February 2025, when Mr Justice Michael Humphreys ruled that the use of lethal force by the SAS in this incident was unlawful. The ruling is demonstrably wrong and ignores the plain facts of the case. The SAS soldiers operated under the control of the police force, and the operation was carried out with police officers in close proximity. They faced heavily armed terrorists who had just carried out an attack on a police station—lethally, for all they knew. They did not know how many terrorists there were, but they assumed that there could be up to 20. They did not know how many vehicles there were or how many weapons were in the other cars. That creates a number of problems for issuing a challenge, which is the first option under the yellow card system. While it may be reasonable to stand up and issue a challenge to either one terrorist or a small number of terrorists who could be seen and covered while they respond, the circumstance is completely different when there is an unknown number of antagonists in an unknown number of cars with an unknown number of weapons.

The probability of one of 20, let us say, deciding to fire on the soldiers is much higher, particularly when that individual may be out of sight of the patrol. That is doubly so when one remembers that this band of killers had just attempted to murder many policemen and had returned in a high state of excitement, pumped up with adrenalin and firing their weapons in the air. Secondly, the fact that the SAS commander did not know where they all were meant that his issuing a challenge could expose his entire troop to a lethal crossfire. Remember: this was happening on a dark February night at about 10.45 pm. Issuing a challenge under those circumstances could have amounted to collective suicide. Circumstances such as that are precisely why the yellow card rules allow a soldier to fire without challenge when the danger is too great.

I find it hard to imagine a more clearcut case that allows firing without challenge, but in his ruling the judge ignored several significant facts and appears to have been naive in his view of others. His selection of facts appears to be extremely partial. For example, the judge made much of the SAS’s use of armour-piercing bullets, but he made no mention of the fact that the anti-aircraft gun the IRA was using fired armour-piercing incendiary rounds five times the size of any rifle bullets, or the fact that they could be fired at a rate of 600 to 1,200 rounds a minute. Those bullets can pierce concrete walls or shoot down aircraft at a mile range. The machine gun had just been deployed and could have eliminated the entire SAS patrol in a matter of seconds. It was a terrible weapon, and capturing it before it could be used to kill more people was an important part of the SAS tasking.

The judge accepted assertions that the IRA weapons all had their safety catches engaged. Frankly, if that were true, there was no way at all for the SAS commander or the troops to know that at the beginning of the fight. In fact, how likely was that? Let us take the DShK, which the forensic examiner said had its working parts forward, with no round in the chamber. The gun was mounted on a lorry that had just been driven back at breakneck speed from Coalisland in a few minutes. During the few minutes of that journey back, getting the gun into the state described would have required nine actions, some of which require two hands, while hanging on to the side of a lurching truck. I am afraid it all sounds just a bit improbable. The forensics specialist did not actually arrive until two hours and 45 minutes after the action, at a scene contaminated by firemen, police, soldiers and other staff—indeed, she complained about that very contamination.

Against the forensic specialist’s views, we must take the observations of soldiers on the ground and other evidence. Four soldiers reported seeing flashes from the back of the lorry, which they interpreted as muzzle flashes. We are not talking about inexperienced soldiers: they would know what they were looking at. Two soldiers heard rounds striking the ground to their right, near the hedgerow where the SAS was hiding. The forensic examiner documented bullet strike marks on the hedgerow. One soldier received a bullet wound to the face that knocked him to the ground. Without any forensic evidence, it was attributed to a ricochet, which implausibly would have required the round to go through a 180° change of direction.

Soldier G heard the exchange of gunfire and saw a soldier go down, which

“confirmed my belief that the terrorists were shooting at us”.

There was also an interview taken by the Garda, in the Republic of Ireland, of one of the IRA drivers, who said he could not understand why his colleagues had opened fire. He had been in a position in which he was able to judge where the fire was coming from and obviously believed that it was from his own side. He refused to sign the interview notes, presumably when he considered the consequences for him back home of giving away such critical data.

All of this was countered by the claim that no bullet casings were found on the ground in the car park, but a number were found in the lorry, and one of the cars present appeared to have had a general-purpose machine gun and an AKM on board. If those weapons were fired from inside a car, there would of course have been no casings on the ground in the car park. Instead, GPMG live ammunition and disintegrating links were found in that car, as well as an AKM casing from a rifle other than those recovered, implying that a fourth AKM had been fired from the car. The car had all its seats other than the driver’s laid flat, which was standard practice for the IRA when using a hatchback as a weapons platform. The car escaped and was then set on fire, and the fire services were kept away from it while it burned out—another standard IRA tactic to destroy forensic evidence. I am afraid that this ruling exposes the double standards that have plagued the legacy of the troubles.

Oral Answers to Questions

Jim Shannon Excerpts

Wednesday 2nd April 2025 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

Can the Secretary of State further outline what representations he has made to Cabinet colleagues to ensure that the UK industrial strategy pays more than lip service to the position of Northern Ireland’s manufacturing industry, as seen in aerospace, shipbuilding and defence, which has a global reputation for being top-class? How will he advocate for our own Government to invest in those sectors even further and even better?

[Hilary Benn]

I have already pointed out examples of that investment. To Harland and Wolff, I would add the order that is going to Thales to make more missiles for Ukraine, which will create an additional 200 jobs. As the answers that I have given demonstrate, Northern Ireland has enormous strengths, and the task of the strategy, and for all of us, is to build on them.

Horticulture Trade between Great Britain and Northern Ireland

Jim Shannon Excerpts

Tuesday 25th March 2025 Westminster Hall

[Mr Gregory Campbell (East Londonderry) (DUP)]

I beg to move,

That this House has considered horticulture trade between Great Britain and Northern Ireland.

It is a pleasure to serve under your chairmanship, Mr Dowd. May I say at the outset that I am glad to see the Minister in her place? On a separate issue, I thank her publicly for her endeavours with a constituency query of mine a week ago, on which she went above and beyond the call of duty. Both I and my constituent are extremely grateful to her for doing so.

The horticultural sector encompasses mostly small and medium-sized enterprises, and it supports over 700,000 jobs across the United Kingdom. Unfortunately, the original protocol agreement presented substantial difficulties for horticultural businesses based in GB in supplying Northern Ireland. It has to be said, and I am more than happy to say so, that in the time since then there have been some improvements, but unfortunately those improvements do not get us where we need to be. They simply get us a few steps along what seems as if it will be an exceptionally long road, and we have to try to make it much shorter than it looks like being at the moment.

The problems with which we were originally faced emanated from what I call the fantasy of the so-called hard border—the whole concept of a hard border on the island of Ireland—which just was not going to come about, but was used by the EU, and we ended up with the protocol as a result.

[Jim Shannon (Strangford) (DUP)]

I commend my hon. Friend. He says there have been some advances or steps forward, but all they are really doing is just picking at the scab, so the scab is still there. Does he not agree that, after the Government have been saying for months that the kinks are being worked out, consumers in Northern Ireland are still finding it impossible to procure seeds for plants that simply pose no risk to the EU, which is absolutely frustrating? With the greatest respect, the Government must negotiate, on our constituents’ behalf, with those who refuse a common-sense approach. If only we all had common sense, it would be a big day, would it not?

[Mr Campbell]

I thank my hon. Friend for his intervention, and yes, indeed. We have come a small number of steps, but there is an exceptionally long road to reach the finishing line.

--- Later in debate ---

[Mr Campbell]

I do indeed agree with the hon. Member. A year ago, I said:

“Whilst prohibitions have been lifted for 12 types of plants, engagement continues between the UK and EU on a further 9 species, there needs to be further progress.”

The horticultural working group was set up to identify and resolve issues such as this, but it needs to move on these outstanding problems so that a simpler system is in place to enable people of all backgrounds to purchase goods within their own country. For example, large full-scale advertisements in daily broadsheet newspapers for various seeds and plants say at the bottom that they are available throughout most of the United Kingdom—but not all. At the bottom of the adverts in small print there is the wording, “We are also unable to ship seeds or plants to EU countries and Northern Ireland.” That is as a result of the issues that emanated from the protocol.

A local nursery in my constituency works closely with Magilligan prison to reduce reoffending, and with inmates who are coming to the end of their term and are trying to work their way back into society. The local nursery project wrote to me recently to say:

“The project has established a ‘UK and Ireland Sourced and Grown’ accredited native tree nursery within Magilligan Prison, working with inmates to supply native trees to the public, private and voluntary sector. In recent weeks”—

they said almost six months ago, and I checked with them last week and this still pertains now—

“the tree nursery has run into difficulties sourcing saplings from UK suppliers...At present DAERA advise that it is impossible to bring from the UK to Northern Ireland, species on this following list”.

The letter itemises the list, and then goes on to say:

“The current situation threatens the sustainability of the tree nursery within HMP Magilligan with impacts on the future supply of trees from the tree nursery and the associated employment of staff assisting with delivery of the tree nursery (the funding of these roles with Causeway Coast and Glens Heritage Trust relies on income generated), and the rehabilitation of inmates engaged with delivery of tree nursery activities. I wished to bring this situation to your attention, in the hope that in your discussions with the UK Government you can raise the bizarre situation in relation to the bringing of plant saplings from UK suppliers to supply a UK and Irish Sourced and Grown Accredited Tree Nursery in Northern Ireland.”

That letter is from a local nursery that is telling me and others that there is a huge problem, where it is being told that it cannot bring in some saplings, and the outcome of not being able to do that threatens employment and the good work that the nursery and the prison are doing to try and rehabilitate prisoners coming to the end of their sentences.

The Consumer Council in Northern Ireland did research a few months ago looking at the experiences of retailers that do not deliver to Northern Ireland, focusing on online marketplaces. It did a survey of over 1,000 Northern Ireland customers, and 76% of those surveyed stated that they had experienced online marketplaces that do not deliver to Northern Ireland. The second most common product category was garden plants, seeds and horticulture—38% of those surveyed said that they experienced the impossibility of getting plants and seeds delivered.

The ironic thing is this: as an MP from Northern Ireland I am in Westminster today; before the end of the week, I will go to an airport. En route to the airport, if I wanted, I could go to a garden centre and acquire the self-same seeds. I could pay for them at the garden place, put them in my pocket, board the plane and arrive in Belfast, and there would be no checks whatsoever. I can distribute, plant, sow or do whatever I want with those seeds in Northern Ireland, having taken them from the same nursery that will not supply customers in Northern Ireland online or by post. It is no wonder that my local nursery in Magilligan says that this is utterly bizarre, and it needs to be resolved.

The Consumer Council informed us of the situation, and it says that the problem is not getting any better and that improvement is needed. That is why I hope the Minister can respond on the horticultural working group and what progress it has made. It would appear that the progress is quite small, in so far as it has achieved anything.

The Horticultural Trades Association represents 1,200 businesses, the majority of which are small and medium-sized enterprises, and it made a representation to the Northern Ireland Affairs Committee. My good friend, my right hon. Friend the Member for Belfast East (Gavin Robinson), is present today, and he serves on that Committee. In its evidence, the HTA gave some information and highlighted the problems, including the continuing ban on up to 30 native plants and complete species, and it said that online sales from business to consumer were still not possible in Northern Ireland. The HTA indicated that the new Northern Ireland plant health label represents some marginal progress but still requires compliance with a range of rules, creating additional cost. The diversion of trade and re-orientation of production to the EU is a major problem.

[Jim Shannon (Strangford) (DUP)]

In my constituency, we lost a large number of trees as a result of the storm five or six weeks ago. Mount Stewart had 10,000 trees destroyed, and other people across Strangford and the Ards peninsula, as well as those further afield, had something similar; but garden centres in my constituency tell me they cannot access the trees for replenishment. Does my hon. Friend agree that there is now an even bigger onus on us to ensure that the trees are available?

[Mr Campbell]

My hon. Friend is absolutely right; that is just further evidence of the ongoing problems. I suppose the problem is that we have potential solutions in the making but they seem interminably long. The establishment of Intertrade UK offers us the prospect of further progress, but it needs to be given adequate support not only to identify the problems, some of which we have identified here today, but to try to provide the solutions. The EU must be persuaded of the miniscule impact. In the grand scheme of things, Northern Ireland is 3% of the population of the United Kingdom, so any thought that this will jeopardise or provide unforeseen problems to the EU internal market is ludicrous.

European Remembrance Day for Victims of Terrorism

Jim Shannon Excerpts

Tuesday 11th March 2025 Commons Chamber

[Jim Shannon (Strangford) (DUP)]

I commend my right hon. Friend for bringing forward this issue. His passion for victims is long-standing and admirable. Does he agree that we need to set in stone the truth about victims in Northern Ireland? For all the attention that is given to 10% of victims, the families of the 90% suffer in silence. Will this day ensure that true victims’ stories are told and remembered without any whitewashing whatsoever?

[Gavin Robinson]

I appreciate the intervention because there is a task on the part of the Government, with the legislation they are considering at the moment, on storytelling, reconciliation and the narrative that people wish to share. Their truth must be told and their truth known.

--- Later in debate ---

[Fleur Anderson]

I agree, and I am glad that WAVE and SEFF have been mentioned this evening. NHS services are also vital for specialist trauma counselling, such as the regional trauma network, which I visited with Minister Nesbitt.

On the legacy Act, acknowledging and addressing the suffering of victims of violence was an important aim of the Belfast/Good Friday agreement, but I agree that the task remains incomplete. The Government take their responsibility to victims and survivors of the troubles extremely seriously, which is why we have been working with victims, survivors and all interested parties to correct the mistakes of the last Government, and to put in place measures that will provide answers, accountability and acknowledgment for families who have waited too long already.

In December, the Secretary of State for Northern Ireland laid a draft remedial order to correct several of the human rights deficiencies of the legacy Act, including removing the bitterly opposed conditional immunity scheme, which would have granted immunity from prosecution for those who carried out the most appalling terrorist crimes. The Secretary of State will introduce primary legislation that will reform and strengthen the Independent Commission for Reconciliation and Information Recovery.

The right hon. Member for Belfast East referred to the Police Ombudsman for Northern Ireland. The Government was pleased that the ombudsman recently returned to work following an extended period of absence. It would not be appropriate for me to comment on the legal proceedings, but for families who are waiting to receive the ombudsman’s reports, I understand the concern and frustration with publication delays. Many families have already encountered too much delay in seeking information and accountability. I know that the ombudsman’s office is doing all that it can to publish reports.

[Jim Shannon]

Will the Minister give way?

[Fleur Anderson]

I am afraid I do not have time, because I want to respond to the issues that the right hon. Member for Belfast East raised.

The right hon. Member rightly highlighted that a number of troubles-related cases have a cross-border dimension, including the Kingsmill murders, which are an appalling example of the pain and suffering inflicted on civilians during the troubles. It is right to acknowledge that the implementation of truly holistic legacy mechanisms, which can provide families across the UK and Ireland with as much information as possible about the circumstances of their particular case, will require the co-operation of both the UK and Irish Governments to facilitate the disclosure of information held by authorities in both jurisdictions. This Government consider the Irish Government to be an essential partner in the process of seeking a way forward on legacy issues that is human rights compliant and can command public confidence across communities.

Turning to the Omagh bombing inquiry, last month’s commemorative hearings were a painful reminder of the impact of cowardly terrorist actions on communities and families. Victims do not need hearings, inquiries or commemorative days to know that; they live with it every day. The Secretary of State has received political assurances from the Irish Government on their full co-operation with the UK inquiry. That is important and should be welcomed. The Irish Government are currently working at pace to determine how to facilitate that in practice through a memorandum of understanding. The right hon. Gentleman’s comments in the Chamber today will not have gone unnoticed. The details of those arrangements are ultimately a matter for the inquiry, which rightly is independent of the Government, but I agree with him that they should provide for the greatest possible level of co-operation from Irish authorities. The Government look forward to seeing those details in due course. In the meantime, our focus remains on ensuring that the UK inquiry that has been established can successfully fulfil its terms of reference.

I close by remembering all those who have been killed by cowardly terrorist acts. I pay tribute to everyone who is carrying on—not getting over what happened, but getting on and working around the gap of the people they lost, or of their own life that they had before, despite the grief that can engulf them. They are getting up every day when it is not getting easier, remembering people who should be here and are not. They are not giving up on getting answers and justice for their relatives, families and friends. In the memory of all who have died, we will keep taking action against terrorism and for peace and justice. We will remember.

Question put and agreed to.