Northern Ireland Troubles Bill

Paul Kohler Excerpts

2nd reading
Tuesday 18th November 2025 Commons Chamber

[Mr Paul Kohler (Wimbledon) (LD)]

Although I have not held this spokesperson role for long, I have met veterans, victims and survivors, academics and Members from across this House and the other place. Those conversations have been humbling and instructive, reminding me of the horror that Northern Ireland endured and the courage of those who lived through and served during the troubles.

I begin by recognising the Secretary of State’s work in bringing forward this Bill. Dealing with the legacy of the past requires legislation and practical action that the public can trust. I want to make it clear that the Liberal Democrats welcome the intent to repeal and replace part 2, and certain aspects of part 3, of the Conservatives’ failed legacy Act. That legislation was a profound misjudgment. It commanded no confidence in Northern Ireland, was opposed by every major party and placed the UK in breach of its human rights obligations. Not only did the Tories provide conditional immunity for serious troubles-related crimes, but they offended victims and—the shadow Secretary of State seemed to forget this—alienated veterans by appearing to equate them with terrorists.

This Bill rightly removes those provisions, ends immunity and restores the principle that no one is beyond the law. Clause 1 confirms that the Independent Commission for Reconciliation and Information Recovery will continue under a new name—the Legacy Commission—with reformed governance and functions. That recognises the need to rebuild the process to have one that the people of Northern Ireland can trust.

We support the Government’s intention to reform the commission, but expectations are high and confidence is fragile. Any effective legacy process must also ensure that the narratives of the troubles remain accurate and that victims of terrorism are neither forgotten nor morally equated with perpetrators. At the same time, they were victims of lawful, and occasionally unlawful, acts by the state, whose right to truth is equally important. Only a system founded on transparency, independence and fairness can command confidence across all communities, which previous actions, such as the letters of comfort issued to paramilitaries in the past, did so much to undermine.

Clause 3 sets out the Legacy Commission’s structures and functions, including investigating deaths and serious harm, holding inquisitorial proceedings, producing a full record of deaths and securing public confidence—a requirement I strongly welcome. It also establishes an oversight board to provide strategic direction and scrutiny, but with a board drawn from within the organisation, the real test of its effectiveness will lie in the independence and integrity of those appointed to lead the commission in the first place.

Clauses 4 to 6 give the Secretary of State power to appoint commissioners, directors of investigation and judicial panel members. Even with the consultation requirements under clause 9, that concentration of powers risks undermining trust. Appointments through the Northern Ireland Judicial Appointments Commission or a similar independent mechanism would surely strengthen public confidence. My concern is heightened as the Secretary of State also appoints the victims and survivors advisory group under clause 8. When one person controls both the commission’s leadership and its advisory body, independence is difficult to discern.

Turning to the fundamental issue of veterans protections under the Bill, those amount to the following. Unsolicited contact would be limited to official channels, which is clearly important. There will be an end to repeat investigations, but the undefined caveat of “unless it is essential to do so” leaves the scope unclear. Veterans will have the ability to seek anonymity, although a provision to that effect already exists under the Criminal Evidence (Witness Anonymity) Act 2008. Veterans will have the right to give evidence remotely, but there will not be a default presumption to do so. Veterans’ welfare will have to be considered, which is at best vague, and veterans will be represented on the ministerial advisory group, which while welcome does not in itself offer protection.

Veterans are surely right in arguing that this is not enough. This has implications not just for them, but for our current service personnel and potential future recruits. As the nine four-star generals who wrote to The Times last week made clear, the provisions of the Bill have profound implications for both service morale and future recruitment.

[Mr Angus MacDonald (Inverness, Skye and West Ross-shire) (LD)]

My family has served in the Army for many generations, including myself in the troubles in Northern Ireland, and indeed my son is serving now. We have seen and deeply admired the Army’s core values of courage, discipline, respect, integrity, loyalty and selfless commitment. Would my hon. Friend accept that the retired generals and the many serving friends of my son make an extremely pertinent point when they say that the Bill will negatively impact retention and recruitment in the British Army, and at a time when we are desperate to bolster our armed forces?

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Before Mr Kohler resumes his speech, let me say that we must keep interventions short. Many Members wish to contribute.

[Mr Kohler]

I absolutely agree. The Bill will have profound implications for both service morale and future recruitment, particularly with respect to our special forces. That is why it must go further.

With more than 10% of the Lib Dem Benches made up of former members of the armed services, my parliamentary party is acutely aware of the risks that veterans talk about and the sacrifices they and their fallen comrades made. Our concern is fairness, not shielding wrongdoing.

Under this Bill, many veterans will remain exposed to uncertainty, possible retrospective judgment and scrutiny of sensitive personal data and service records. That concern is heightened by the stark disparity in record keeping. The actions of veterans were documented in detail, whereas the activities of those engaged in terrorism were not. That results in an imbalance in documentary evidence that must be acknowledged and addressed. It is noteworthy that while the state has protected itself through the Secretary of State’s discretion over the handling of sensitive information, the Bill gives veterans no such safeguards.

[Andrew Rosindell (Romford) (Con)]

The IRA’s campaign of terror against the British people was one of the darkest chapters in our history; the shields of Airey Neave, Ian Gow, Robert Bradford and Sir Anthony Berry demonstrate that. Does the hon. Gentleman agree that the armed servicemen represented here today defended us, and it is the job of this Parliament to ensure that they are now defended?

[Mr Kohler]

I absolutely agree. We must never equate our armed forces with the paramilitaries and terrorists on both the nationalist and Unionist sides.

Veterans deserve assurances that their service rights and data are treated fairly, securely and proportionately. That is why we call on the Government to come forward with binding statutory safeguards, including a clearer presumption against repeated investigations without objectively certified new and significant evidence; an expanded duty to consider operational context; strengthened welfare protections; and a presumption of remote participation.

It is important that the voices of not just veterans, but all victims and survivors are heard. Clause 8 does that by establishing a group to advise both the Legacy Commission and the Secretary of State. However, its members will be appointed by the Secretary of State, with its numbers limited to as few as three and no more than seven, which risks its voice being limited and its independence being compromised. By concentrating sweeping powers in the hands of the Secretary of State, the Bill risks creating an opaque system that offers little genuine parliamentary oversight or scrutiny.

As hon. Members are aware, there is already a Commission for Victims and Survivors, which has for almost two decades ensured that those most affected by the troubles are heard. There is a danger that the proposed victims and survivors ministerial advisory group, despite its separate function, might trespass into the existing forum’s domain, which, with its wide range of perspectives, including veterans from both Unionist and nationalist backgrounds and those who have served in the Crown forces, has the all-important cross-community legitimacy. Trust is so important.

Capturing that breadth and establishing that trust in the newly proposed and much smaller advisory group will be difficult. I therefore ask the Government to clarify how the new advisory group will interact with the existing forum. Will the Commissioner for Victims and Survivors have a formal role in the advisory group? Otherwise, how will the voices of veterans and former security personnel, who are both victims and key stakeholders, be heard?

[Gideon Amos (Taunton and Wellington) (LD)]

Does my hon. Friend agree that veterans who served in Northern Ireland and were then pursued by the IRA to Germany and attacked there deserve more reassurance than the words that duplication will not occur unless “the duplication is essential”?

[Mr Kohler]

I absolutely agree. We must go further and do more for veterans. The Bill does not go far enough at this stage.

My party has always opposed the legacy Act, but we are clear that its replacement must address the legitimate concerns of veterans. As one can see from the joint statement issued last night by the veterans commissioners of the devolved nations, that is not currently the case. They have expressed concerns, which are shared on the Lib Dem Benches, that the Bill does not provide sufficient safeguards for veterans, nor does it provide sufficient safeguards against lawfare, historical narrative revision or disparities between how ex-security personnel and others will be treated.

That is why my party has submitted a reasoned amendment, and will support the Conservative reasoned amendment, to deny Second Reading of the Bill until the fundamental issue of sufficient protection for veterans is addressed, along with enhanced parliamentary oversight, safeguarding of the independence of appointments, clarification on the role of the victims and survivors advisory group, and measures to ensure that no Government can use ministerial discretion to shut down the search for the truth. I realise that that will disappoint the Secretary of State, but I reiterate what I said at the beginning of my speech. My party commends him for all his hard work in seeking to move on from the Tories’ failed legacy Act. Its successor, however, must command genuine confidence across all communities while ensuring our veterans’ peace of mind. I pledge on behalf of my party to do all we can to help him to achieve that goal.