Northern Ireland Troubles Bill

Paul Foster Excerpts

2nd reading
Tuesday 18th November 2025 Commons Chamber

[Mr Paul Foster (South Ribble) (Lab)]

The peace process in Northern Ireland was hard-won, and tough compromises had to be accepted by all parties. The Good Friday agreement was never going to have the wholesale support of all, but it brought about an end to the horrendous violence. However, it did not include a mechanism for dealing with unresolved killings during the troubles—either by terrorists or by the security forces—and nor did it provide an amnesty for crimes that had not yet been prosecuted.

Let us also not forget that, according to data from the House of Commons Library, around 3,520 people lost their lives during the troubles. They included 1,441 British service personnel, 722 of whom died at the hands of paramilitaries. Three hundred RUC officers were killed, and 301 individual deaths were the responsibility of the British military. Of those, 121 were republican terrorists, 101 were loyalist terrorists, and the remainder were all civilians. We therefore have a duty to ensure that all legacy issues arising from the troubles are dealt with compassionately, diligently and legally.

The previous Government’s legacy Act has been found to be unlawful by both the High Court in Belfast and the Court of Appeal. The High Court found several provisions of that Act to be incompatible with the European convention on human rights, and it was therefore deemed unlawful. It also found that it was incompatible with article 2 of the Windsor framework and should therefore be disapplied. The Court of Appeal upheld this decision, and also found additional aspects of the legacy Act to be incompatible with the ECHR.

There are many separate elements of the Northern Ireland Troubles Bill, but I will keep my contribution to two specific areas: immunity from prosecution for historical crimes, and the concerns of my fellow veterans moving forward under the new legislation. As a veteran, I have never sought or agreed that, as a British serviceman, I should ever be permitted immunity from prosecution for my actions during service. We work within the law of armed conflict, the Geneva convention and the laws of the United Kingdom when serving here, to name but three. We are trained to undertake operations within strict legal protocols, whatever the provocation we are experiencing or the hostile environment we are in.

There has been much opposition to the immunity offered within the legacy Act. The three veterans commissioners in July said:

“This is not a call for immunity from the law, but for fairness under it”.

Ben Wallace, the former Defence Secretary, said that the British Army is “not above the law.” Brigadier John Donnelly, who served in Northern Ireland and is now chair of the Centre for Military Justice, said only last week:

“You cannot have a system of law that applies to some groups and not to others. It is vital that soldiers operating in support of the civil powers are held fully accountable to the laws they are required to enforce. That is the difference between the soldier and the terrorist.”

We must also understand that it is not just British service personnel who were granted immunity from prosecution under the previous legislation; it was also terrorists who murdered civilians and British servicemen and servicewomen. More than 200 investigations into deaths of Operation Banner soldiers were shut down upon the enactment of the legacy Act, against the wishes of those soldiers’ families.

Immunity from prosecution is dangerous, because it invalidates the justice system, sacrifices victims’ rights, weakens deterrence, violates international law and undermines long-term peace and trust in our institutions. I will never agree that immunity is the appropriate solution. It sets an awful precedent. If it were to be implemented by foreign Governments currently in military conflicts, we would be rightly appalled.

[Tom Tugendhat (Tonbridge) (Con)]

Does the hon. Member have any views on the South African truth and reconciliation commission that did exactly that?

[Mr Foster]

I have plenty of views on that, but it does not change my view on immunity. I believe immunity is wrong, particularly for soldiers.

Moving on, I understand the concerns of my fellow veterans that any investigations into historical deaths have previously disproportionately focused on the actions of the armed forces and former police officers, rather than the paramilitaries. The Government have recognised that and introduced a number of key protections for anyone asked to provide information. Those include protection from repeated investigations, a right to stay at home, a right to anonymity, protection from cold calling, protection in old age and the right to be heard.

[Sammy Wilson]

Will the hon. Gentleman give way?

[Mr Foster]

I am almost done.

Another important issue is that we must and will protect our veterans from vexatious and unwarranted investigations. The creation of a reformed Legacy Commission must not only provide for accountability, but provide the protection of the innocent. Legacy cases have dominated the inquest system in Northern Ireland, where coroner legislation dates back to 1959 and desperately requires modernisation. The 1959 legislation was never created to deal with the numerous and complex types of legal issues the system now faces. Coronial law in Northern Ireland is a devolved matter, but a modernised inquest system could dictate new rules of procedure, change evidential standards, affect disclosure processes and reshape how article 2 is applied, thus providing multiple additional layers—

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. I call the Liberal Democrat spokesperson.

Northern Ireland Veterans: Prosecution

Paul Foster Excerpts

Monday 14th July 2025 Westminster Hall

[Mr Paul Foster (South Ribble) (Lab)]

Thank you, Mr Mundell, for allowing me to contribute to today’s petition debate; it is a pleasure to serve under your chairmanship. I will not take any interventions, and I will be as short as I can to allow as many Members as possible to speak.

I start by reminding everyone once again that I am a proud retired Royal Engineer. Although I did not serve in Op Banner, many colleagues and friends did. The Op Banner veterans did their duty in exceptionally challenging circumstances, and I commend them all—each and every one of them. I would also point out to colleagues that, despite not serving in Op Banner, I was in Quebec barracks in Osnabrück in Germany when it was attacked by the IRA in June 1996. I get it, I really do.

What is of the utmost importance is that we deal in facts, and facts alone. Fact one: the previous Conservative Government pushed through the legacy Act in 2023. The Act created one route for dealing with the past, through the creation of the Independent Commission for Reconciliation and Information Recovery. It received almost unanimous condemnation from victims groups and the political parties in Northern Ireland, for differing reasons, as has been said.

Fact two: the previous Conservative Government publicly stated at the time, despite numerous challenges, that the Act would be fully compliant with the European convention on human rights, the Windsor framework and the Good Friday agreement, and they knew that that most certainly was not the case. In February ’24, the Northern Ireland High Court found that the Act was in fact incompatible with the European convention on human rights, specifically articles 2, 3 and 6, and it was therefore deemed unlawful. It also found that it was incompatible with article 2 of the Windsor framework, and that it should therefore be disapplied. If the previous Government knew that this was the case, they should never have proceeded in pushing the legacy Act through Parliament. It was a deliberate and wholly irresponsible course of action.

[Stuart Anderson]

Will the hon. Member give way?

[Mr Foster]

No, I am making progress.

Fact three: in January 2024, the Irish Government launched an inter-state application against the United Kingdom before the European Court of Human Rights, on the basis of the legacy Act violating articles 2, 3, 6, 13 and 14 of the convention. This case against the United Kingdom Government is still live.

These are indisputable facts. If an Act of Parliament is found to be unlawful, the Government must act. However, the repealing of the legacy Act is not a simple exercise—we all understand that—and any changes introduced must offer the protections that our veterans, victims and impacted families all deserve. My deep concern is that, with any new legislation, we must ensure a wholly comprehensive approach to dealing with the past in Northern Ireland that recognises the unique position our Op Banner veterans find themselves in. They deserve our continued and unwavering support.

I am also profoundly concerned at the continued politicisation of our veterans, and at the misinformation being continually spouted by Conservative Members of Parliament, who should know better. This is an issue that Members of all political persuasions should be working on together, not using to seek political gain with inaccurate and misleading statements.

The unlawful legacy Act made false and undeliverable promises to our veterans about immunity, and—I say again—it has been repeatedly ruled unlawful. It generated false expectations, legal uncertainty, and delays for victims, survivors and veterans alike. It was opposed by many, including armed forces families who lost relatives serving in Northern Ireland. It gives immunity to terrorists who murdered British soldiers. The Secretary of State for Northern Ireland, the Defence Secretary and the Minister for Veterans are working tirelessly to put in place protections for our veterans, and to ensure that legacy mechanisms are fair, lawful and proportionate.

The Minister for Veterans has met hundreds of veterans and veteran organisations since taking office, including the Royal British Legion and representatives from all major military associations with Northern Ireland service experience, listening to their concerns and incorporating their feedback into the new approach. These are not new arguments, and we have had alternative solutions before, which have just not worked.

This is a hugely complex and emotive issue. All Members of Parliament should be working as one to bring about a lawful solution, supporting Ministers and veterans alike, not spreading a fake narrative. Our veterans will continue to receive the full support of this Government, and any new legislation must be carefully considered. I give my word that it will be.

[Several hon. Members rose—]

Oral Answers to Questions

Paul Foster Excerpts

Wednesday 21st May 2025 Commons Chamber

[Hilary Benn]

The Government are currently considering the report of the Joint Committee on Human Rights and the representations made to it.

[Mr Paul Foster (South Ribble) (Lab)]

I am a veteran, as many Members know, and lots of my colleagues served in Northern Ireland. I was based in a barracks in Germany that was attacked by terrorists, so I get it, but the last Government’s legacy Act offered a path to immunity for those who committed the most appalling terrorist crimes. Does the Secretary of State agree that it is no surprise that the legislation was so widely opposed and has been found to be unlawful?

[Hilary Benn]

I thank my hon. Friend for his service in our armed forces, alongside all those who served. He is absolutely right about the flawed piece of legislation that this Government inherited, and we are working hard to put that right.

--- Later in debate ---

[The Prime Minister]

Sentencing is a matter for our courts, and I celebrate the fact that we have independent courts in this country. I am strongly in favour of free speech. We have had free speech in this country for a very long time, and we protect it fiercely. But I am equally against incitement to violence against other people, and I will always support the action taken by our police and courts to keep our streets and people safe.

[Mr Paul Foster (South Ribble) (Lab)]

I recently visited St Catherine’s hospice in Lostock Hall, which serves wonderfully my constituents in South Ribble, those of Ribble Valley and some of your constituents in Chorley, Mr Speaker. I discovered that the hospice has to pay an excessive £350,000 a year for medication, which can only be sourced from the private sector, not the NHS. After some investigating, I found that there is a postcode lottery for integrated care boards. Some ICBs are fully funded and supply all medication, some subsidise it and some do not supply it at all. Evidence shows that there is a disparity between hospices in the more deprived areas not being funded and those in the more affluent areas being funded. Will the Prime Minister please speak with the Health Secretary as a matter of urgency and get free medication supplied by all ICBs to all hospices across the country?

[The Prime Minister]

We have put record amounts into the NHS in the Budget, and we are beginning to see the results of that. I accept the point that my hon. Friend makes, and we will look again to ensure that the money is properly used in the most efficient way.