Northern Ireland Troubles: Operation Kenova

Lindsay Hoyle Excerpts

Tuesday 9th December 2025 Commons Chamber

[Mr Speaker]

Before we come to the urgent question on Operation Kenova, I remind the House that there is an ongoing waiver to allow limited reference to any active legal proceedings relating to the historical troubles-related deaths. Any references to such cases should be limited to the context and to the events that led to the cases, but not to the detail of the cases themselves or the names of those involved in them. Members should always take special care to avoid saying anything that might interfere with the course of justice.

May I say that I thought this would be done not as a written ministerial statement but as a statement to the House? When all the news channels are carrying such a major subject, I really think this House should have had that benefit. That is why I granted the UQ.

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[Hilary Benn]

I am grateful to the right hon. Gentleman for those points. I join him in recognising the huge contribution that was made by the intelligence services, the Army, the RUC and other security forces during the troubles to try to keep people safe and defeat those who were trying to destroy society through their terrorism. We all recognise that. The responsibility for the murder of around 1,700 people, often in the most brutal circumstances—in some cases killing people, burying them, and then for a long time providing no information as to where the remains of people’s loved ones could be found—rests with the Provisional IRA. I echo the comments that were made in the interim report and the final report about what they did.

I also note what the report has to say about not finding any evidence of high-level collusion between the security forces and loyalist paramilitaries, in particular the UVF in respect of the work of the Glenanne gang, as they have been called. However, I do notice what it says about individual collusion. I used the word “shocking” deliberately, because it is shocking to learn now that—as Operation Kenova reports—serving police officers and serving members of the armed forces were colluding with those who were murdering a very large number of people. Over 120 people were murdered by that gang.

On the right hon. Gentleman’s final point about us all wishing to learn from the past—and I think that in order to learn from the past, one has to try to tell the truth about it—I simply draw his attention to the framework agreement reached between the UK Government and the Irish Government in September. I draw his attention to the steps that have been taken by the Irish Government to co-operate with the Omagh inquiry, which he and I have debated many times before, as well as the commitment that the Irish Government have given to the fullest possible co-operation with a reformed legacy commission. The Government’s troubles Bill is seeking to put that reformed commission in place, with the consent and will of the House. I hope all Members will welcome that, because the more information we can get about what happened, the more families will be able to find out exactly what happened to their loved ones.

[Mr Speaker]

I call the Chair of the Select Committee.

[Tonia Antoniazzi (Gower) (Lab)]

As my Committee’s report on legacy last week outlined, information disclosure has been, and remains, one of the biggest challenges with legacy investigations. The Kenova report outlines the failure of MI5 to disclose all relevant material pertaining to Stakeknife in a timely manner. The chief constable of the Police Service of Northern Ireland said today that he remains concerned that

“there continues to be an unhelpful, unnecessary and protectionist approach to the disclosure of official records.”

Given those comments and the significant concerns outlined in our report on the Government’s new approach to disclosure, how can families have confidence in the new process?

[Hilary Benn]

I am very grateful to my hon. Friend, the Chair of the Select Committee, for what she has just said. She refers to the unfortunate episode in which MI5 discovered further files relating to the work of Operation Kenova that it had not previously been able to identify. The authors of the Kenova report say that they have no reason to believe that those files were withheld; MI5 was not able to find them, and the head of MI5 set up a process to review exactly what had occurred.

Under the current legacy Act, the Independent Commission for Reconciliation and Information Recovery, which will become the legacy commission under our legislation, has the ability to request and see all information. That will remain the case for the reformed legacy commission, because the commission has the ability to deal with closed material; the coronial system does not, as the House is aware. Precisely as my hon. Friend has said, it is vital for the confidence of families that they know the bodies that are charged with investigating what happened in the past—the people who are trying to find out what happened to their loved ones—are able to see all the relevant material.

[Mr Speaker]

I call the shadow Secretary of State.

[Alex Burghart (Brentwood and Ongar) (Con)]

Thank you for granting this urgent question, Mr Speaker. I congratulate the right hon. Member for Belfast East (Gavin Robinson) on asking it, and on his excellent contribution.

This is a very significant and highly detailed report, which I know hon. Members will want to take some time to digest, but on behalf of the Conservative party, I thank all those who have contributed to it. I also want to remember all those who suffered during that very difficult time. The last Conservative Government apologised for collusion following the de Silva review of the murder of Patrick Finucane, and while it is sobering to read further accounts of collusion between a small number of agents of the British state and paramilitaries, it is important to set this alongside a number of findings in the Kenova report.

First, as the Secretary of State mentioned, there is an understanding that legislation has changed dramatically since the time in question, under both the last Labour Government and the last Conservative Government. Secondly, it is important to highlight that although the review found that there were a small number of rogue actors, it did not find “any evidence” that collusion occurred

“at a political or strategic level”,

and there was

“no evidence which indicates that the RUC at an organisational level was involved or complicit with the activities of extremists or terrorists.”

It is very important that those findings are not lost.

Thirdly, as the right hon. Member for Belfast East said, the review found that there was no specific intelligence that, if acted upon, could have prevented the 1974 Dublin and Monaghan bombings, and it did not manage to find any evidence indicating that British security forces colluded with the UVF in those attacks—again, these are historic findings.

I would be very interested to hear from the Secretary of State whether he would be prepared to come back at a later date and tell us more about the Government’s future position on “neither confirm nor deny”. I understand that there is a case going on at the moment, but I believe that once that is done, it will be important for the Government to be clear with the House about how they see that policy going forward.

As has already been mentioned, there have been a number of detailed and necessary reviews of collusion between agents of the British state and paramilitaries, but as yet there have been no such reviews on the Irish side. Will the Secretary of State tell us whether the Irish Government have told him by when they intend to present their own legislation?

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[Mr Speaker]

I call the Liberal Democrat spokesperson.

[Mr Paul Kohler (Wimbledon) (LD)]

I thank the right hon. Member for Belfast East (Gavin Robinson) for his question, and I thank the Secretary of State for his answer. I have three questions. First, do the Government accept the Operation Kenova report’s findings of “serious organisational failure” on the part of MI5, and if so, what concrete steps will they take to address those failures? Secondly, is the Secretary of State satisfied that his proposed legacy legislation contains adequate safeguards to ensure that honourable former service personnel who served lawfully and with integrity and followed orders in good faith do not fear persecution on the basis of the unlawful actions of either rogue individuals or the state? Thirdly, does the Secretary of State agree that the “neither confirm nor deny” policy must be exercised in a proportionate and necessary manner, and should not be used to protect agents who commit gross serious crime or to hide any serious misdeeds of the state?

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[Hilary Benn]

I simply say to the hon. Gentleman, who raises a very important point, that we as a House are clear that there was always—always—an alternative to violence: it was not justified; it was never justified. When we look at the number of people on all sides who were killed in the troubles, we know the grief, the pain and the suffering that was caused. However, we also need to recognise that there was a process that led to the ceasefires and political power sharing, which has resulted in peace and stability in Northern Ireland ever since the signing of the Good Friday agreement. That is the most important thing we should hold on to while, as I have said, learning the lessons from the past and providing answers to the families who remain to find them.

I think this is the final question, so I will just share with the House that, about three and a half or four weeks ago, I went to Bragan bog with the two brothers and the sister of Columba McVeigh. He was 19 years of age when he was murdered by the Provisional IRA, and information suggests that his remains lie in that bog. It is a desolate place, and the search for his body has been going on for a very long time. The Independent Commission for the Location of Victims’ Remains has done such an important job in helping to bring back the remains of people who were murdered in such circumstances, so they could be laid to rest with their families present. I, like I am sure all Members of the House, long for the day when the bodies of Columba McVeigh, Robert Nairac, Seamus Maguire and Joe Lynskey are finally recovered, so all of the disappeared can rest where they should rest, with the knowledge of their families, so they can have some peace.

[Mr Speaker]

Final question—Jim Shannon.

[Jim Shannon (Strangford) (DUP)]

Mine is always the final, final question, Mr Speaker. I thank the Secretary of State very much for his answers. I also thank all of the security forces, the Army and the RUC for all they did to save lives. I think this House, the nation and Northern Ireland owe them a great debt for all they have done, and we should put that on the record.

When thinking of Kenova, my mind goes back to 1984 and the case of Jimmy Young, who lived in Portaferry in my constituency of Strangford. His case was part of the file sent to the Public Prosecution Service for Northern Ireland that included a report on Stakeknife’s involvement, but no prosecution was ever initiated. What steps will be taken to ensure that the family members who are still alive and mourning Jimmy’s killing have access to as much information as legally possible and get some form of justice for his murder? I always ask for justice, and I am asking for justice for Jimmy Young and this family.

[Hilary Benn]

The hon. Gentleman—

[Mr Speaker]

Order. The hon. Member for Tewkesbury (Cameron Thomas) should please not walk in front of the hon. Member for Strangford (Jim Shannon) when the Secretary of State is answering his question.

[Cameron Thomas (Tewkesbury) (LD)]

I apologise, Mr Speaker.