Northern Ireland Troubles: Legacy and Reconciliation

Paul Kohler Excerpts

Wednesday 21st January 2026 Commons Chamber

[Mr Paul Kohler (Wimbledon) (LD)]

I have listened carefully to those who have spoken before me, and while there are clear differences across the House, I hope there is a shared recognition of the gravity of the issues we are debating and the responsibility that rests on Parliament to approach them with care.

I will begin, as I have done previously in debates on this matter, by recognising the deep and enduring scars left by the troubles. For victims, survivors, veterans, families and communities across Northern Ireland and beyond, the issues we are considering reflect lived experience and demand seriousness and humility, not grandstanding. That does not preclude our making clear that the Conservatives’ legacy Act was a failure—in fact, it requires it. It failed victims, it failed survivors and it failed veterans. That is not just the opinion of the Liberal Democrats; it is the view of every major party in Northern Ireland, as well as victims’ organisations, the vast majority of veterans I have met and, ultimately, the courts.

The Northern Ireland Court of Appeal was clear in 2024 that core provisions of the Act were incompatible with the European convention on human rights. Parliament cannot simply shrug its shoulders at that judgment, and there is no more apposite time than now to confirm that we are a country governed by the rule of law, not by wishful thinking or culture war rhetoric.

For that reason, the Liberal Democrats welcome the remedial order, and I remind the House that there is a greater percentage of veterans in my parliamentary party than in any other party in this House. Our gallant cohort would agree to nothing that will let down our veterans and believes that the remedial order is necessary because it removes the most egregious provisions of the Act, including immunity that extended to terrorists and bars on civil actions. Those measures were corrosive to trust and created an abhorrent moral equivalence between those who served the state and those who sought to destroy it. The remedial order must consequently be seen as a prerequisite to any credible legacy process, not as a concession to apologists and terrorists.

That is why it is difficult to understand those who argue that the House should vote against the remedial order. To do so would be to defend legislation that the courts have ruled to be unlawful and to prolong uncertainty for victims and veterans alike. It would leave us knowingly in breach of our international obligations and would further undermine confidence in the institutions tasked with dealing with the past. It is simply wrong, both in principle and in practice. To those who argue that the remedial order should be delayed until the judgment in the Dillon case is handed down, I would simply say that I concur with the Secretary of State. Put simply, notwithstanding paragraph 710 of the Court of Appeal judgment, the declaration of incompatibility will remain whether or not the Government win their appeal on article 2 of the Windsor framework.

Although the Secretary of State will doubtless welcome our support, I do not wish to lull him into a false sense of security. We welcome the remedial order, but that does not mean that we are declaring the job done. Serious deficiencies in the forthcoming Northern Ireland Troubles Bill remain, and they must be addressed if any new framework is to command confidence across communities. That is why my party has tabled constructive amendments and new clauses—not to wreck the legislation, but to save it.

In particular, we remain deeply concerned about protections for veterans. Veterans are not asking for immunity; they tell me repeatedly that they do not want immunity. They are asking for fairness, proportionality and an end to the fear that the process of investigation becomes an instrument of persecution.

[Lincoln Jopp]

I fear that the Liberal Democrat spokesman may have misspoken earlier in his remarks. I will quote from the Joint Committee on Human Rights report on the first draft:

“A declaration of incompatibility has no legal effect and does not affect the ongoing validity of the incompatible legislation. It is merely a tool by which the courts can draw attention to an incompatibility; it is then for the Government and Parliament to decide what action, if any, to take.”

[Mr Kohler]

Yes, in other words, it is for our Government to stand up for our international obligations. Hon. Members should look about them; look at what is happening at the moment with Greenland. This is the time when we should stand up for our international obligations. It is a time for us to believe in the rule of law. There is a declaration of incompatibility and our Government should absolutely stand up for our international obligations.

[David Davis]

The point that my hon. and gallant Friend the Member for Spelthorne (Lincoln Jopp) made relates directly back to the Human Rights Act, which is the law in this country.

[Mr Kohler]

The Government have a choice to make: whether to stand up for our international obligations. That is the right thing to do. At this time, of all times, surely we should stand up for our international obligations.

Our amendments to the Northern Ireland Troubles Bill seek to put clear statutory definitions in place to strengthen safeguards against disproportionate legal action, to provide a presumption of remote participation, to protect anonymity and to establish independent oversight of how those safeguards operate in practice. Our approach is about recognising service, context and the cumulative impact of decades of investigation, not about shielding wrongdoing.

The Liberal Democrats also recognise that reconciliation cannot be achieved by legal mechanisms alone.

[Stuart Anderson (South Shropshire) (Con)]

I have seen a pattern forming. I hope the hon. Member did not misquote when he said that the Liberal Democrats have more veterans in their parliamentary party than anyone else, when they have eight and we have 17. I see that only one of theirs is here today, whereas many of ours are here.

[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.

[Stuart Anderson]

May I follow up on that point?

[Mr Kohler]

We need more gravity in the House than this. The grandstanding, the jocularity, the jokes—this is not the way to approach such a serious situation.

[Several hon. Members rose—]

[Mr Kohler]

No, I will not give way.

[Dr Murrison]

On a serious point—

[Mr Kohler]

No. Now it is just grandstanding, and I will not give in to more of that.

[Madam Deputy Speaker (Judith Cummins)]

Order. Please sit down, Mr Kohler. The temperature needs to be lowered to allow the hon. Gentleman to deliver his remarks.

[Mr Kohler]

If we are serious about moving towards a shared and stable future for Northern Ireland, legacy processes must be connected to a broader reconciliation strategy. That is why we propose a statutory duty on the Secretary of State to publish such a strategy, developed in consultation with victims, institutions and Parliament. Addressing the past and building the future must go hand in hand.

Finally, a word about the European convention on human rights. The remedial order arises precisely because ECHR compliance matters. The Good Friday agreement is built on it and, as such, peace in Northern Ireland depends on it. Those who casually call for withdrawal are playing fast and loose with our history, our rights, our futures and our very Union. We will support this remedial order, oppose those who would block it for self-serving reasons and continue to work constructively with Members from across the House to fashion an appropriate legacy process.