Northern Ireland Troubles Bill Debate
Full Debate: Read Full DebatePaul Kohler
Main Page: Paul Kohler (Liberal Democrat - Wimbledon)Department Debates - View all Paul Kohler's debates with the Northern Ireland Office
(2 days ago)
Commons ChamberI call the Liberal Democrat spokesperson.
Mr Paul Kohler (Wimbledon) (LD)
It has been more than a year since the Northern Ireland Troubles Bill was introduced to this House. In spite of the valiant efforts of the Secretary of State and his predecessor, the right hon. Member for Leeds South (Hilary Benn), to deal with the legacy left by the Conservatives, I fear that the Bill still does not achieve the admittedly difficult task of squaring the circle of enabling victims to find answers, while providing veterans with the protections that they need and deserve.
It is important to begin by recognising the impact that the protracted gestation of this Bill has had on those who fought bravely, in difficult and dangerous circumstances, to uphold the rule of law and save lives during Operation Banner. It has been more than a year of anxiety, uncertainty and anguish for former service members who feared being dragged back to Northern Ireland for further investigation. It has been more than a year in which veterans have found no solace in the vague, uncertain promises of improved protection through recognition of the reality of the circumstances in which they served.
The issues that we face are by no means all the fault of the current Government. If the Conservatives had enacted a legacy Act that was fit for purpose and delivered a suitable mechanism for historical inquiries, this Bill would not have been necessary. Sadly, the Tories opted for a barely conditional immunity principle that drew an abhorrent equivalence between those seeking to defend peace and uphold the rule of law, and the terrorists who sought to exploit sectarian division to murder, maim and intimidate.
The Tory legacy Act failed to uphold our obligations to international human rights law under the European convention on human rights, the very convention that was so important to our soldiers—challenging inadequate equipment, unjust LGBT exclusion, and investigating sexual assault, bulling and welfare failures. At the time, that was just collateral damage: a damning indictment of the Conservatives’ cavalier attitude to the rule of law and to our international obligations, but it has now become central to their ill-conceived plans to leave the ECHR, thereby fatally undermining the Good Friday agreement.
The hon. Gentleman says that he supports new clause 21. Will he explain how it is right for Mrs Jones, when asking for a review and before turning up at the legacy commission, to somehow have to prove to a Supreme Court judge that there is new and compelling evidence? Is that not another process—another piece of lawfare? Has he checked whether the Supreme Court thinks that is at all possible for a Supreme Court judge?
Mr Kohler
I thank the Secretary of State for his intervention. I much prefer our amendments 123 to 129. I absolutely agree. That is exactly why we need a Committee to discuss these issues. We need to talk together about these issues. At the moment, I prefer what the Tories have submitted to what the Secretary of State has submitted, but I most certainly prefer amendment 123. But we need a Committee upstairs to discuss these things.
Let me try again. Why does the hon. Gentleman think that a Supreme Court judge should be making the decision?
Mr Kohler
As I said, I prefer our solution: amendment 123. But the Tories’ solution is better than the Secretary of State’s, which is simply far too vague. I strongly support our amendment 123, as does the SAS Regimental Association.
My party will also support amendment 23, tabled by the right hon. Member for Belfast East (Gavin Robinson), to ensure that the Omagh bombing—the deadliest single attack of the troubles—is brought into the scope of the commission. I do not understand the Secretary of State’s reasons for not doing so. I am also proud to support amendment 4, tabled by the hon. Member for South Antrim (Robin Swann), that allows victims of sexual violence access to the legacy commission’s work. I sincerely hope that the Government will support that crucial amendment, to allow as many as possible to heal and move forward.
The events of the past month in Drumcree have highlighted that divisions still exist. Concerted efforts must be made to heal the old animosities and ensure that current and future generations are able to grow up in a society characterised by mutual respect and tolerance—
“A Northern Ireland where a unionist never has to apologise for being British. Where a nationalist never has to apologise for being Irish”,
as the right hon. Member for Belfast East so eloquently put it.
Despite the hundreds of Government amendments, I do not believe that the Bill delivers on its essential goals of protecting our veterans, promoting reconciliation and delivering answers to the families who have waited decades. General Parker and General Wall have concluded that no amount of “legal ingenuity” can fix the issues with the Bill. The only path forward is for the Secretary of State to show political leadership by withdrawing the Bill and entering into further dialogue with the various communities and stakeholders who must be satisfied to ensure that we achieve truth, justice and reconciliation across all the communities and stakeholders affected by the troubles.
Several hon. Members rose—