Northern Ireland Troubles: Legacy and Reconciliation

Judith Cummins Excerpts

Wednesday 17th December 2025 Commons Chamber

[Dr Al Pinkerton (Surrey Heath) (LD)]

The introduction of a remedial order is welcome and necessary, even if its timing is potentially vexed. The order promises to finally end the policy of conditional immunity that was integral to the 2023 legacy Act—a policy that may have had benign intentions, but that put us at odds with our international legal obligations and regrettably drew a moral equivalence between UK service personnel and terrorist paramilitaries. I note that the second report of the Joint Committee on Human Rights, published last week, recommended the order’s approval. However, I note also the Committee’s concern regarding the unusual sequencing and timing of the remedial order, in relation to the forthcoming primary legislation.

Given the overtly political processes that led to the 2023 Act, I suggest there is an additional responsibility on the Government to ensure that this process is handled properly and that the process, as much as the policy, is seen to be fair-handed. There is broad recognition of the need to repeal and replace the 2023 legacy Act, but we also need to acknowledge that the removal of conditional immunity has created real anxiety, particularly among veterans groups, who fear the risk of prosecution.

I particularly welcome the Secretary of State’s letter, circulated yesterday, at annexe A. If I may, I will ask the Secretary of State three things. First of all, to clarify—

[Madam Deputy Speaker]

Order. You had exactly one minute and you have gone over. My apologies—I call the Secretary of State.

[Hilary Benn]

I am grateful to the hon. Gentleman for what he says and for his support for what we are seeking to do in the remedial order. I acknowledge the responsibility that the Government have. These are quite unusual circumstances. The reason why we are debating this matter is because the Joint Committee on Human Rights has acknowledged the unusual circumstances and, despite having made other comments in its report, which we will all have read, has come to the conclusion that it gives its approval to the order and recommends that the House support it. I welcome what the Joint Committee on Human Rights has said.

I will point out one other thing. I acknowledge that the Government did take a bit of time between the report on 28 February and producing the revised draft remedial order on 14 October. That was because we listened to the representations that had been made, particularly by the Opposition, on the subject of interim custody orders in respect of sections 46 and 47, and in relation to the Supreme Court judgment in 2020. After reflecting on that, we found what we think is an alternative way of achieving the same objective, which is to be found in clauses 89 and 90 of the Northern Ireland Troubles Bill, which is currently before the House.

I simply point out that the previous Government tried for two and a half years to find a way of dealing with the Supreme Court judgment in the Adams case and were not able to do so, and eventually accepted the amendments moved in the other place, which became sections 46 and 47. It was acknowledging the arguments that had been made that led the Government to amend the remedial order, which we then put before the House on 14 October.