Oral Answers to Questions

Lindsay Hoyle Excerpts

Wednesday 3rd June 2026 Commons Chamber

[Hilary Benn]

That is indeed what the Supreme Court found in that particular important case. The Equality Act 2010 applies in only limited ways in Northern Ireland, as the hon. and learned Member knows. I agree with him on his first point. The Government took the appeal because they felt that the interpretation of the Windsor framework, particularly article 2, by the Northern Ireland courts was too broad. The Supreme Court has agreed with the Government and said that it is a much more narrow interpretation, relating to the troubles, not the expansive interpretation that we have previously seen.

[Mr Speaker]

I call the shadow spokesperson.

[Charlie Dewhirst (Bridlington and The Wolds) (Con)]

May I echo the Secretary of State’s comments in relation to the sad passing of Sir Desmond Rea?

In response to the Dillon judgment, a Northern Ireland spokesperson said on 7 May:

“We welcome the clarity provided today by the Supreme Court, which has confirmed that the ICRIR is fully equipped to deliver human rights-compliant investigations”.

Does the Secretary of State therefore accept that the courts have determined that the ICRIR as presently constituted is sufficiently independent to conduct its investigations? If so, why is there any need to make these cumbersome changes in his proposed Bill?

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[Hilary Benn]

We are looking at amendments to improve the process for families, to further safeguard our Operation Banner veterans and to ensure oversight of how the protections work. We will make it clear that there is no equivalence, and never was, between the actions of terrorists and the conduct of our armed forces and the police in trying to protect life. We will ensure that coroners and the commission take proper account of the circumstances in which our armed forces were operating. All those things will be consistent with the joint framework and with the Government’s human rights obligations, and I would hope that the Opposition would welcome them all.

[Mr Speaker]

I call the Chair of the Northern Ireland Affairs Committee.

[Tonia Antoniazzi (Gower) (Lab)]

During our Committee’s inquiry on legacy, we heard serious concerns from victims and survivors about the Government’s approach to information disclosure. In the Dillon case, the Supreme Court showed a significant degree of deference to Government on national security grounds. What reassurances can the Secretary of State give to families and survivors that national security will not be invoked to withhold information simply because it is uncomfortable for the state, rather than because its disclosure would present a genuine risk to the public?

[Hilary Benn]

As my hon. Friend the Chair of the Select Committee knows only too well, responsibility for national security ultimately rests with Ministers, and the Dillon and the Thompson judgments confirmed that. As I have already indicated, I have proposed changes to the disclosure provisions in the Bill, including requiring the Secretary of State to conduct a balancing exercise when considering each case and also to give reasons. The Supreme Court made it clear that the Secretary of State does not have a veto, because any decision can be subject to judicial review.

[Mr Speaker]

I call the shadow Secretary of State.

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

The Secretary of State will have seen reports in the Belfast Telegraph that prior to 1985, a large part of the gelignite used in IRA bombs was routinely stolen from a single factory in County Meath in the Republic. The supply amounted to many tonnes of explosives, and it took the lives of many hundreds of people. At the time, British intelligence repeatedly raised concerns with Dublin. Nothing was done, despite the factory’s allegedly being in receipt of Irish state subsidy. Following those revelations, will the Secretary of State commit to writing to the Taoiseach to ask him to hold an urgent public inquiry into the Enfield explosives factory?

--- Later in debate ---

[Hilary Benn]

Since the hon. Gentleman has raised the matter directly with me, I undertake to him—and to the House—to raise it with the Irish authorities, because they will have seen the exchange that he and I have just had.

[Mr Speaker]

I call the Liberal Democrat spokesperson.

[Mr Paul Kohler (Wimbledon) (LD)]

The May review of the Independent Commission for Reconciliation and Information Recovery describes a “toxic”, “divided” and “disrespectful” senior culture, along with structural weaknesses in the governing legislation. It also raises concerns that the Government’s forthcoming troubles Bill will make matters worse. However, in his response to the review, the Secretary of State appeared to suggest that it was simply up to the ICRIR to sort this out, although the ICRIR is sponsored by his Department, the review was commissioned by his Department, and his Department is now legislating to rebadge this failing body as the legacy commission.

Will the Secretary of State tell the House whether he accepts that he is ultimately responsible for Peter May’s 19 recommendations being followed? Will he also give us an update on whether the Northern Ireland Office plan is still on schedule, and explain how the troubles Bill is to be amended to remedy the structural shortcomings exposed in the review?