Northern Ireland Troubles

Julian Lewis Excerpts

Tuesday 14th October 2025 Commons Chamber

[Hilary Benn]

I am very happy to give my hon. Friend that assurance. The legislation was passed; it was never commenced. It was struck down by the courts, and the remedial order will remove it from the statute book, because we do not agree with giving immunity to terrorists. We do not agree with the principle of immunity because we believe, as I hope the whole House believes, in the rule of law.

[Sir Julian Lewis (New Forest East) (Con)]

I am surprised that no one has mentioned the letters of comfort that were given to the IRA and the question of whether or not they still hold water, but let me go back to what the Secretary of State said about the possibility of IRA bosses like Gerry Adams claiming compensation on technical grounds that the “wrong” Minister signed their internment papers. As I understand it from what the Secretary of State said earlier, the remedial order that he is laying before Parliament will open up the possibility of such people suing the Government for compensation, which the new legacy legislation that he is bringing in will nevertheless then rule out. He referred to a possible gap between the new legislation coming into force and the remedial order opening the gap. It has been suggested to me that the Government are briefing the press that the remedial order will not actually be voted on until the new legacy Bill has gone through Parliament. Is that his policy, and if not, what is his policy?

[Hilary Benn]

The aim of the remedial order is to remove from the statute book provisions in the previous legislation that have been found to be incompatible with our obligations. I would just say that the letters of comfort did not offer immunity. That has been quite clear from Lady Justice Hallett’s review and what the Chief Constable and others have said.

I want to reassure the right hon. Gentleman on the interim custody orders. The Supreme Court judgment was in 2020. The last Government did not know what to do about that: it was not a judgment that the Government expected, and they did not know how to deal with the question of potential compensation. In the end, two Members of the other House introduced what are now sections 46 and 47. They were voted on, but they were subsequently found to be ineffective in achieving the objective, when the court said that they were incompatible.

What I have just told the House is that the new draft remedial order will not remove them from the statute book. Sections 46 and 47 will remain in place until such time as the new legislation I am introducing takes effect. It is a flimsy defence, because it has already been found by the courts to be ineffective, but it will remain in place. It shows that I have listened to the representations that were made about sections 46 and 47, and it is placed in the remedial order. I am now going to deal with the problem by legislation in the way that I set out.