Northern Ireland Troubles Bill Debate
Full Debate: Read Full DebateJohn McDonnell
Main Page: John McDonnell (Labour - Hayes and Harlington)Department Debates - View all John McDonnell's debates with the Northern Ireland Office
(1 day, 13 hours ago)
Commons ChamberThe thing that seems to bind us all together is the search for the truth. I just hope that, through this process, we might be able to agree about how we can achieve that. One of my earliest Adjournment debates, way back in 1999, was on the murder of Patrick Finucane. Only weeks before that, I had been on a platform with Rosemary Nelson as part of the human rights campaign. Weeks after was murdered by a loyalist bomb under her car, so we are all desperate to find the truth, because hopefully that might bring some closure.
I desperately want this Bill to work, and I want to ask a number of questions about how I believe some of the issues should be addressed. The first is about ECHR compliance. Clause 26 deals with that. It basically says that a statement will be published giving guidance to which investigations will have to have regard about standards and how certain elements of the investigation have to comply with certain rules of behaviour. That narrows it towards the ECHR, but there is no express provision on that. I just do not understand why there is no express provision requiring Legacy Commission inquiries to meet ECHR standards.
Clause 11 is the same. It says that
“human rights should be respected”,
rather than complied with. Why is there a change in the wording of the joint framework, which was specifically about compliance, not respect?
Let us be clear: the national security veto gives the Secretary of State the ability to redact reports to families on security grounds, and as a result there is a fear about potential concealment. The measure refers to the relevant Secretary of State—the Home Secretary, the Secretary of State for Defence or the Secretary of State for Northern Ireland—but some of these people will be responsible for MI5 and military intelligence, which might be the subject of an investigation. There is a clear conflict of interest there. Why not assign security decisions to a judicial panel member rather than leaving them in the hands of a Secretary of State?
There are immense powers in the hands of the Secretary of State to appoint the chair, the commissioners, the director of investigations, the chief executive officer and the judicial panel. The Secretary of State has a duty to take advice from a relevant panel of persons—the names are to be subsequently published. It is not clear who those advisers will be, what their status will be or even what their experience will be. In addition, under the Stormont House agreement, the Justice Minister makes appointments on the basis of a binding recommendation from an appointments panel of statutory office holders. Why have we departed from that approach in this piece of legislation?
There has been reference to the internment clauses: clauses 89 and 90. I remind the House that a number of members of the Provisional IRA were interned, but it was not just suspected Provisionals who were imprisoned at that time. There were more general political opponents of Unionism, too. There were members of civil rights organisations and trade unionists. I believe that they deserve justice as much as anybody else.
I hope that, as we reach the next stage, there will be a cross-party element to the Bill’s improvement so that we can secure the confidence of all as we go forward. If we do not, it will remain a matter of rancour for the future, and I do not believe that we would be serving our constituents or anybody else properly in that respect.