Northern Ireland Troubles: Legacy and Reconciliation

Mark Francois Excerpts

Wednesday 21st January 2026 Commons Chamber

[Hilary Benn]

The right hon. Gentleman may disagree, but that is the view of the Government, and that is why we withdrew the appeal in relation to that element of the judgments to which he just referred.

We should remember that civil cases have been brought by family members of victims who were murdered during the troubles against the paramilitaries who were responsible. In 2009, four individuals were found by a civil court to be responsible for the Omagh bombing. There has also been a civil case looking into the Hyde Park bombing, where John Downey was found to be an active participant in the killing of four soldiers, and—this was referred to a moment ago—a civil case against Gerry Adams is due to take place in London this year. Therefore, to vote against this remedial order would be to prevent any more such cases from being brought against paramilitaries in future.

[Mr Mark Francois (Rayleigh and Wickford) (Con)]

As the Secretary of State well knows, the Blair Government handed out hundreds of so-called letters of comfort to alleged IRA paramilitaries following their release from prison. John Downey, the alleged Hyde Park bomber, produced such a letter during his trial at the Old Bailey, whereupon the trial was immediately abandoned. Our Northern Ireland veterans have no such letters of comfort. Does the Secretary of State agree that that letter of comfort let John Downey off on that particular occasion?

[Hilary Benn]

As I am sure the right hon. Gentleman is well aware, in that case Mr Downey was issued with a letter of comfort wrongly. The letter said, “We’re not seeking you for anything,” when clearly the state was seeking him for something because he had been charged with the Hyde Park bombing. As I recall, the judge said, “Well, I’m afraid this is an abuse of process,” and stopped the case. However, the letter that Mr Downey received did not give him immunity, because he is currently—this is a matter of public record—awaiting trial, charged with the murder of two soldiers in, I think, 1972. That proves what many have said, including former Prime Ministers, the chief constable and judges, which is that the letters of comfort—the on-the-run letters—never did, and do not now, grant anybody immunity.

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[Hilary Benn]

No.

[Mr Francois]

He is on the Committee.

[Hilary Benn]

Well, how could I resist?

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[Alex Burghart]

I am delighted to have the support, on a matter of pure legal substance, of my right hon. Friend—

[Mr Francois]

And learned!

[Alex Burghart]

Yes, my right hon. and very learned Friend.

The truth is that, if one looks back at the debates on the Human Rights Act, one can see that the purpose of section 10 is to make sure that the Government cannot use a remedial order—an incredibly powerful tool, a statutory instrument that can strike down primary legislation—unless the case is fully decided. In this case, it clearly is not; it is open. That is why the Government are acting ultra vires.

Let me return briefly to the remarks made by my right hon. Friend the Member for New Forest West (Sir Desmond Swayne), who represents the best part of the New Forest.

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[Mr Kohler]

We have a greater percentage, I think the hon. Gentleman will find—[Interruption.] I did say that.

[Mr Francois]

So where are they all?

[Mr Kohler]

Listen to what I said.