Asked by: Mark Francois (Conservative - Rayleigh and Wickford)
Question to the Northern Ireland Office:
To ask the Secretary of State for Northern Ireland, pursuant to the Answer of 10 July 2025 to Question 65212 on Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, whether his Department plans to lay the draft Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Remedial) Order before the Conference recess.
Answered by Hilary Benn - Secretary of State for Northern Ireland
I have laid a proposal for a draft remedial order in Parliament, representing the first step in fulfilling the Government’s commitment to repeal and replace the Legacy Act. The Order seeks to remedy a number of human rights deficiencies identified by the Courts, and the Government is currently considering the published recommendations of the Joint Committee on Human Rights regarding the draft Order. We will respond to this report in due course.
The Government has also committed to introducing primary legislation when parliamentary time allows, including to reform and strengthen the independent Commission established by the Act to ensure it is fully human rights compliant and can command public confidence.
Asked by: Mark Francois (Conservative - Rayleigh and Wickford)
Question to the Northern Ireland Office:
To ask the Secretary of State for Northern Ireland, whether his Department plans to bring forward legislative proposals to prevent former IRA members from claiming damages from the Government, in the context of the document entitled A proposal for a Remedial Order to amend the Northern Ireland Troubles (Legacy and Reconciliation Act) 2023, published on 4 December 2024.
Answered by Hilary Benn - Secretary of State for Northern Ireland
I refer to the answer given last week to the Honourable Member for Stockton North (UIN 63126). The main issue here is the application of the Carltona principle in the context of ICOs. The previous Government’s attempt to address this following the 2020 Supreme Court judgment in Adams has been found by the Northern Ireland courts to be unlawful and we need to find a better way of reaffirming this principle.
The Government will therefore legislate to address this issue in forthcoming primary legislation.
Asked by: Mark Francois (Conservative - Rayleigh and Wickford)
Question to the Northern Ireland Office:
To ask the Secretary of State for Northern Ireland, when he plans to lay the draft Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Remedial) Order.
Answered by Hilary Benn - Secretary of State for Northern Ireland
On 4 December 2024, the Government laid a proposal for a draft Remedial Order to amend the Northern Ireland Troubles (Legacy and Reconciliation) Act.
The Government has been carefully considering responses received including from the Joint Committee on Human Rights and other stakeholders and will respond to their report as quickly as possible.
Asked by: Mark Francois (Conservative - Rayleigh and Wickford)
Question to the Northern Ireland Office:
To ask the Secretary of State for Northern Ireland, pursuant to the Answer of 20 May 2025 to Question 52588 on Terrorism: Northern Ireland, what his Department's planned timeline is to complete its exploration of lawful measures to prevent (a) Gerry Adams and (b) others interned without trial in the 1970s receiving compensation following the proposed repeal of sections 46 and 47 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.
Answered by Hilary Benn - Secretary of State for Northern Ireland
The original Supreme Court ruling in this case was in 2020, and in February 2024 the High Court in Northern Ireland found the provisions in S.46 and 47 of the Legacy Act 2023, which concerned Interim Custody Orders, to be incompatible with the European Convention on Human Rights (ECHR), alongside other provisions such as those relating to immunity from prosecution.
In line with our commitment, the Government tabled a draft Remedial Order in December 2024 to repeal parts of the Act that were found to be incompatible by the Northern Ireland Courts. The Government will bring forward legislation to make further changes when Parliamentary time allows.
Asked by: Mark Francois (Conservative - Rayleigh and Wickford)
Question to the Northern Ireland Office:
To ask the Secretary of State for Northern Ireland, what steps his Department is taking to ensure that (a) Gerry Adams and (b) others interned without trial in the 1970s do not receive compensation following the proposed repeal of sections 46 and 47 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.
Answered by Hilary Benn - Secretary of State for Northern Ireland
This is an issue that the previous Government failed to adequately address following the 2020 Supreme Court judgment in Adams.
Its belated attempt to do so via an amendment to the Legacy Act has been found by the Northern Ireland courts to be unlawful.
The Government is carefully exploring how to lawfully address this complex issue alongside our clear commitment to implement legacy mechanisms that are fully compliant with human rights.
Asked by: Mark Francois (Conservative - Rayleigh and Wickford)
Question to the Northern Ireland Office:
To ask the Secretary of State for Northern Ireland, which (a) veterans groups and associations and (b) other stakeholder groups his Department consulted before deciding to not to continue the Supreme Court appeal on the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023; and what the nature of their input was.
Answered by Hilary Benn - Secretary of State for Northern Ireland
In the Dillon and Others case, the Northern Ireland High Court made a number of section 4 Human Rights Act declarations of incompatibility in respect of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023. The Government takes its human rights obligations extremely seriously and did not take forward an appeal.
The Government is appealing to the Supreme Court on two such declarations that were subsequently made by the Northern Ireland Court of Appeal.
In consulting over legacy legislation, the Northern Ireland Office regularly engage with a wide range of stakeholders, including veterans.
Asked by: Mark Francois (Conservative - Rayleigh and Wickford)
Question to the Northern Ireland Office:
To ask the Secretary of State for Northern Ireland, whether his Department has made an assessment of the value for money of the cost of public inquires on Troubles-related legacy issues in Northern Ireland in the context of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Remedial) Order.
Answered by Hilary Benn - Secretary of State for Northern Ireland
The Northern Ireland Office works closely with His Majesty's Treasury to ensure value for money for the tax payer on all of the policies it delivers, including public inquiries.
Asked by: Mark Francois (Conservative - Rayleigh and Wickford)
Question to the Northern Ireland Office:
To ask the Secretary of State for Northern Ireland, whether he has committed to restoring the Loughall inquest since his meeting with Loughall Truth on 24 March 2025.
Answered by Hilary Benn - Secretary of State for Northern Ireland
The Government is committed to repeal and replace the almost universally opposed - and in many respects, unlawful - Northern Ireland Troubles (Legacy & Reconciliation) Act 2023.
As part of this commitment, the Government has been consistently clear that we will propose measures to allow inquests previously halted by the Act to proceed, as set out in my written ministerial statements of 29 July 2024 and 7 October 2024, and in my oral statement of 4 December 2024.
The Government is continuing to engage with all interested parties in a spirit of openness as we seek to implement legacy mechanisms that are compliant with human rights, and can command confidence across communities.
Asked by: Mark Francois (Conservative - Rayleigh and Wickford)
Question to the Northern Ireland Office:
To ask the Secretary of State for Northern Ireland, whether he plans to review the decision not to continue the appeal against the Northern Ireland High Court’s declaration of incompatibility regarding sections 46 and 47 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.
Answered by Hilary Benn - Secretary of State for Northern Ireland
The High Court found sections 46 and 47 of the Legacy Act to be incompatible with the UK’s international human rights commitments. This Government takes such matters extremely seriously, and the provisions therefore need to be repealed. The Government is carefully exploring how to lawfully address this complex issue alongside our clear commitment to implement legacy mechanisms that are fully compliant with human rights.
Asked by: Mark Francois (Conservative - Rayleigh and Wickford)
Question to the Northern Ireland Office:
To ask the Secretary of State for Northern Ireland, what recent discussions he has had with the Chancellor of the Exchequer on the (a) financial and (b) legal liabilities of repealing the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.
Answered by Hilary Benn - Secretary of State for Northern Ireland
The Northern Ireland Troubles (Legacy & Reconciliation) Act 2023 (the Act) was almost universally opposed in Northern Ireland. A number of its key provisions, including those relating to the immunity scheme, have been found to be unlawful by the domestic courts. Ongoing litigation regarding the Act has incurred significant cost to the public purse and I regularly take advice on these matters.
Officials in the Northern Ireland Office and His Majesty’s Treasury are in regular contact about the Government’s commitment to repeal and replace the Act, as with any other process of policy development.