Northern Ireland: Legacy of the Past
Debate between Tonia Antoniazzi and Julian Lewis
Tonia Antoniazzi (Gower) (Lab)
I am grateful to the Backbench Business Committee for granting me the opportunity to make this statement, following the publication on Monday of our report, “The Government’s new approach to addressing the legacy of the past in Northern Ireland”.
Getting the approach right is key to protecting more than 20 years of fragile peace in Northern Ireland, which is a truly remarkable achievement. However, the past still casts a shadow over the present for many people, particularly those who have lost loved ones or who were injured or suffered significant trauma during the conflict. Unresolved cases of killing, torture and serious injury can poison relations in the present. Our report is a unanimous cross-party document. It is the culmination of a year’s work, and I am grateful to our Committee specialist, Dr Joe Ryan-Hume, and our specialist adviser, Dr Eamonn O’Kane, for their diligent and sensitive contribution to that work.
In December last year, my Committee launched an inquiry into the Government’s then emerging plans. We received almost 80 pieces of written evidence, and held eight evidence sessions with representatives of victims and survivors, veterans, retired police officers and human rights groups. We also heard twice from the Secretary of State. Importantly, too, we visited Northern Ireland to hear at first hand from people directly affected by the troubles. As a cross-party group, we recognise the significance of raising these concerns with a unified voice, and I am deeply appreciative of my colleagues’ collaborative spirit in shaping a report built on consensus. This was considered, constructive and consensual work, done at pace, so that we could produce a report before the Northern Ireland Troubles Bill returns to the Floor of the House for its Committee stage. It is our hope that the detail in the report can frame the parameters of the debate, in this House and beyond, on a host of issues.
I will start with the commission. We found that the current main legacy investigation body, the Independent Commission for Reconciliation and Information Recovery, has been unable to garner the trust and authority necessary across the communities to carry out its work effectively. It was clear that its roots in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 hampered it from the beginning, and that fundamental reform was inevitable. There remain, however, several outstanding issues.
On investigations, the Government must address the lack of a specific requirement for the investigations process to be ECHR-compliant, and the de facto exclusion of most troubles-related sexual crimes from the commission’s remit. On case referrals, the Government’s plans to widen the range of people and organisations who can refer a case to the new legacy commission seem sensible, but changes could still be made to the definition of “close family member” to make it more inclusive and reflective of the reality of modern family life. The centralising of appointment powers, so that they are held by the Secretary of State, was also raised as an issue. Greater transparency and clear guidance on appointment processes are needed to bolster confidence.
The Government’s proposal for reform of the commission’s governance and oversight may answer many of the concerns that we heard, but several remain. For example, concerns have been raised about the proposed victims and survivors advisory group—about who its members will be and how they will be appointed, and about the potential duplication of the role performed by the victims forum in Northern Ireland.
I turn to resources. All the reform, good will and political impetus in the world will not lead to truth and justice if there is not enough money, either for investigatory or information-disclosing bodies. The ICRIR has pointed out the increase in demand on its services—something that we hope will only continue under the new commission. If the commission is to receive relevant information in a timely manner, the resourcing of the Police Service of Northern Ireland and other organisations that will face new demands for their records will also need to be considered.
Let me turn to the proposals for inquests. The Government’s plans for an enhanced inquisitorial mechanism through the legacy commission are seen by some as an improvement on the system produced by the 2023 Act. However, concerns persist, including about why judges presiding are to be appointed by Ministers, rather than through the Northern Ireland Judicial Appointments Commission.
I turn to veterans. As I said at the outset, we took evidence from veterans’ representatives during our inquiry. The Northern Ireland Veterans Commissioner, who we heard from twice, told us most recently that the Government had been listening to veterans’ concerns “to an extent”, but added that what was proposed was not really protections for veterans, so much as safeguards for all witnesses. Indeed, the Commissioner for Victims and Survivors described the measures to us at the same hearing as
“welfare…that you would want to afford to anyone involved in the process of engaging with the Legacy Commission.”
We concluded that by packaging proposals as protections, rather than safeguards available to all, the Government risk undermining trust in the process among the very groups —veterans and others—in whom they hope to instil confidence. We also said that the reopening of previously defective investigations should take place only where necessary for the purposes of European convention on human rights compatibility, or owing to new evidence.
Information disclosure has been, and remains, one of the most significant issues with legacy policy. The Northern Ireland Troubles Bill assigns the Government a new role in balancing information disclosure with national security—something that Ministers did not undertake under previous legacy measures before the 2023 Act, or with Operation Kenova—hence concerns persist about trust, appeal rights and how the provision will operate in practice.
The Government plan to move information retrieval matters to the new Independent Commission on Information Retrieval. Again, Ministers will need to strike a balance, this time between safeguarding the information provided to the commission, so that individuals have the confidence to engage with it, and verifying that information, so that the public have confidence in the commission’s reports. We also hear that there is a lack of detail on the body’s relationship with the Legacy Commission and the extent to which an information firewall will exist between them.
With regard to the ICIR and in other areas, the Government of Ireland will also have to play a part. There must be more detail on the Irish Government’s timeline for introducing similar structures to those being provided here, and also more information on the proposed legacy unit in the Garda. To be clear, throughout our inquiry we consistently heard about the lack of commitment to address legacy in Ireland. We were also told by the Northern Ireland Human Rights Commission that there has been a lack of compliance in the Republic of Ireland and a lack of commitment to beginning and completing article 2 investigations.
I and some of my Committee colleagues met Irish Government officials on Monday as part of a visit to Dublin. We were encouraged by the dedication and determination of those involved to establish legacy mechanisms. At this juncture, we urge Dublin to move at pace to show its commitment and mutual good faith, and to maximise confidence and the likelihood of successful outcomes.
On Monday we also met TDs and Senators from across the political spectrum. We agreed that the framework, the Bill and our report represent an opportunity to take forward legacy policy. Among the many issues we discussed, we reflected on what it might mean if people from one community heard those in another community say “sorry”. Reconciliation is difficult and cannot be forced on anyone. My Committee colleagues and I plan to explore it in more detail next year, but it is clear right now—not least from the brave testimony of victims and survivors during our inquiry—that reconciliation stands a chance of succeeding only if accompanied by people’s admissions, and acknowledgment, of the truth.
In conclusion, legacy is not only about addressing the past; it is about laying the foundations for a better future. It has been a privilege to lead this vital inquiry, and I am deeply humbled by the courage of those who I have had the honour to meet. Our Committee’s report gives the Government the opportunity to pause and reflect on a process that is vital to the future of Northern Ireland. If they do so, they will help ensure that we all seize this chance to put the people who matter most—those who lived through the troubles and still experience its effect today—at the heart of this new approach. We owe it to them to get this right.
Sir Julian Lewis (New Forest East) (Con)
I agree entirely with the Chairman of the Committee that reconciliation depends upon uncovering the truth. Does her Committee’s report go into the incompatibility of that aim with the reinstatement of trials that the previous legacy Act would have prevented, given that when people face the prospect of being put on trial, they are less likely, rather than more likely, to say what actually happened?
Tonia Antoniazzi
With regard to veterans going on trial, we did take evidence and heard those concerns, and it is reflected in our report. I would happily have a conversation with the right hon. Member to pursue that further. His expertise in this field is welcomed by all members of the Committee from across the House, so I thank him.