Northern Ireland Troubles: Legacy and Reconciliation
No, I do not acknowledge that. I have met victims, and people whose families were heavily affected by terrorism, who supported our legislation.
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No, I do not acknowledge that. I have met victims, and people whose families were heavily affected by terrorism, who supported our legislation.
My right hon. Friend has very succinctly summarised the central argument behind the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023: drawing a line does not mean covering up the past; drawing a line was an opportunity to open the past in a way that the adversarial system was never going to allow. Incidentally, I do not believe that the adversarial system will bring justice for very many people. We must remember that the peace process concluded in 1998, which is 28 years ago, and the troubles, by most reckonings, are deemed to have started in 1966, which is 60 years ago. We have recently seen the case of soldier F, in which one of the longest public inquiries in British legal history presented the most forensic evidence that could be imagined, but the court was unable to reach a conclusion. This means that the chances of any prosecution reaching a conclusion are very limited. That does not matter, because for many veterans it is the process that is the punishment. We saw that in October last year, when a former SAS veteran, who was accused of having behaved wrongly in 1991, was dragged through the courts. Eventually, the judge in Belfast said the case was “ludicrous” and should never have come anywhere near him, but that individual had been pursued for four years. There are many such cases. If the process is the punishment, the fear of the process is a punishment for so many people.
Again, I agree with my right hon. Friend. In some quarters, there is an industry that I fear is allowing victims to believe that their chances of success are far greater than they are in practice. That is not pleasant, so we have to ask ourselves why the Government dropped their appeal.
I entirely agree with my hon. Friend, who has great experience of these matters. The truth is that, for some people, this is the continuation of the troubles by other means. It is time to draw a line. If the Government did not withdraw their appeal because of conditional immunity, which they supported in the past, and if they did not refuse to appeal because of views in Northern Ireland on their own legislation, it must be for another reason. I do not know what that reason is, and I suspect that we will never know, but I wonder whether it is connected with the desire of this Government to have a close relationship with the Irish Government as part of the European reset.
That is exactly one of the reasons why the next Conservative Government will leave the European convention on human rights.
I believe that we almost got a scintilla of insight into how my right hon. Friend feels about the latest Joint Committee on Human Rights report. I am grateful to him for pre-empting some of what I am about to say. I do worry that there is a bigger game going on in Government. My hon. Friend the Member for Spelthorne (Lincoln Jopp) said that veterans are being used as pawns in lawfare, but I wonder whether the case against veterans is a pawn in a bigger game that the Government are playing with the European Union. The Secretary of State says he has no choice, but of course His Majesty’s Government do have a choice. They have options. The first option the Government had was to appeal, but they did not. The second option they have is to wait. On 15 October last year, the Northern Ireland Veterans Movement, represented pro bono by Lord Wolfson KC, was heard by the Court, and allowed to give oral and written evidence, which the Court is now considering. It is perfectly in scope for the UK Supreme Court to find that elements of the legacy Act are not actually incompatible with the European convention on human rights. However, if the Secretary of State’s remedial order has gone through both Houses by that time, we will be presented with legal chaos, because the Government will have used an order that they had no authority to use in order to remove primary legislation that should still be in place. The Government can avoid this: all they need do is wait and see what the Supreme Court says. In fairness, the Secretary of State thinks he knows what the Supreme Court will say. In reality, I am not sure that he does—but he has that option.
Once again, my hon. Friend is quite right, because if the remedial order goes through both Houses and the Supreme Court has not opined, from the next day civil cases will reopen and military veterans will be involved in such actions.
I am delighted to have the support, on a matter of pure legal substance, of my right hon. Friend—
Yes, my right hon. and very learned Friend. The truth is that, if one looks back at the debates on the Human Rights Act, one can see that the purpose of section 10 is to make sure that the Government cannot use a remedial order—an incredibly powerful tool, a statutory instrument that can strike down primary legislation—unless the case is fully decided. In this case, it clearly is not; it is open. That is why the Government are acting ultra vires. Let me return briefly to the remarks made by my right hon. Friend the Member for New Forest West (Sir Desmond Swayne), who represents the best part of the New Forest.
I meant to say, “the joint first best part of the New Forest”. The Secretary of State has invoked the Joint Committee on Human Rights, but it is my understanding that when it wrote its report, it was unaware that the Northern Ireland Veterans Movement was being heard in the Supreme Court, and I rather think that that may have had a profound effect on what it wrote.
I am not doubting that the Committee examined all the evidence available to it; I am disputing what evidence it had available to it. We are faced with a situation in which the Government do not really have a legal basis or a moral basis for what they are doing, and there are real-life consequences to their decisions.
I suspect very strongly that the hon. Gentleman is right. I suspect that this is bound up in the agreement that the Secretary of State made with the Irish Government. He can correct that later if he wishes to. There were some things in that agreement that I welcomed at the time and which I welcome again now. If it leads to the Irish Government opening their books and being clear about collusion between the Garda and the Provisional IRA, I would welcome that. What I cannot welcome, thought, is the fact that there was an opportunity in that agreement to ask the Republic of Ireland to open its own inquiry into the Omagh bombing. At the time, it was recommended to the British Government that we should have our own full inquiry, but it was deemed to be pretty much a necessity for a similar inquiry to be conducted on the other side of the border, so that there was the opportunity to compel witnesses to give evidence under oath about what was known and about what, if any, collusion took place. I am very sorry that that opportunity was missed.
I would have been very open to that idea, but I believe that the previous Administration did not feel that there was the opportunity to proceed in that way. If we are thinking about the future, I think what the hon. Lady proposes is a perfectly sensible idea.
rose—
If my right hon. Friend will allow me, I will respond to the hon. Member for Strangford (Jim Shannon) briefly and then allow my right hon. Friend to supplement my answer. The hon. Member for Strangford has very deep personal and professional experience of this matter. Of course, he is right that, just as the inquiry into the truth has been one-sided within the United Kingdom, it has also I think, for large periods, been unequal without it as well.
Indeed. Those are all things that we would all love to get to the bottom of. As I draw my remarks to a close, I say to Labour Back Benchers who are considering how they might vote, not just this evening but also when we get to the Bill proper, that this does not have to be done in this way.
I am happy to give way to the Chair of the Northern Ireland Affairs Committee.
I take everything the hon. Lady’s Committee does incredibly seriously. There is a good deal of experience on it and she always has interesting witnesses. I was very interested in the remarks made at her Committee the other day by experts in the Police Service of Northern Ireland. I hope to have the opportunity to talk to her about that, as well as to the people who were giving evidence. I am afraid, though, that none of that takes away from the fact that there is a choice before this House. We do not have to go down the route of erasing the line we have attempted to draw under the troubles. I say to Labour Members that there is not just a moral risk; there is also a political risk for anyone who has doubts. Simply put, the Prime Minister has, over the course of the past few months, U-turned 12 or 13 times—which is it? [Interruption.] Oh, 14 times—I lose track. There is every possibility that, just as there was a U-turn 24 hours ago on social media for young people—because of representations that were made, I believe, by 60 Labour Back Benchers—so there is the opportunity to stop the Government in their tracks on this incredibly serious issue.
I am very pleased that my hon. Friend had the opportunity to put on the record. Sadly, there are not many Labour Back Benchers here to hear the debate. I wish there were, because, as I say, there is an alternative. I do believe that if Labour Back Benchers were to mount significant pressure in private, the Government would think again. If they did, they would create the opportunity, once again, for many of our brave veterans from Operation Banner to be able to sleep peacefully at night. As I draw my remarks to a close, I remind all hon. Members to be mindful of the past and the future. The Conservatives sought to draw a line. This Government are erasing that line and in so doing dredging up the past in a way that will allow the troubles to be fought again and again in the courtroom. This continuation of the conflict by other means—by legal means—ultimately undermines and reduces the opportunity we have for reconciliation. It also undeniably comes at an operational cost. We know that because those who know most about military operations tell us it is so. General Sir Nick Parker and General Sir Peter Wall—both of whom have served our country at the very highest levels—write today in the Telegraph: “Those currently serving, particularly in operations where judgement is exercised under extreme pressure, are watching closely. If lawful decisions taken in good faith can be re-examined endlessly decades later, confidence in command, willingness to serve and trust in political backing inevitably suffer. Enemies and allies notice this as well.” Let us remember the generals’ words.
The right hon. Gentleman is generous in giving way. Does he accept that conditional immunity, which is all that was in the legacy Act, is the very foundation of all the legislation passed after 1998? For the Labour party now to pretend that it is in some way morally abhorrent is utterly inconsistent.
The House needs the full facts regarding aid entering Gaza and why the Government are not more engaged with the Civil-Military Co-ordination Centre. What steps is the Foreign Secretary taking to support the disarming of Hamas and secure the immediate release of the remaining hostage? Following White House announcements on the board of peace, including the involvement of Tony Blair, can she confirm what UK input there has been and whether any UK Ministers will be involved, and give a clear assurance that the UK would reject President Putin being on the board, given his illegal invasion of Ukraine and alliance with Iran?
The Foreign Secretary will have heard President Zelensky’s warnings last week about the supply of air defence missiles—we must heed them. Will the Government make more weapons available, scale up production immediately or broker new military aid packages with our allies to ensure a constant supply of missiles?
rose—
It is not as if the President of the United States has not expressed disapproval; he says it is an “act of great stupidity” to do this deal. Does my right hon. Friend think that it is ironic that the Secretary of State for Defence made the first statement to the House on the subject last May, but with less than 12 hours to go until what could have been the final stage of the Bill, the President has absolutely trashed the deal?
Does the Minister believe that the approval of this Chinese mega-embassy makes the British people safer?
I rise briefly because I agree with both the tenor of the debate and the tone in which colleagues across the House have quite rightly highlighted the sheer horror of the Holocaust, the importance of remembering its sheer scale and the challenges particularly, as the hon. Member for Chelmsford (Marie Goldman) highlighted, in the context of rising antisemitism, and as the hon. Member for Eastbourne (Josh Babarinde) mentioned, in having fewer survivors with lived experience here to share their stories. I want to address two points raised by the Father of the House, my right hon. Friend the Member for Gainsborough (Sir Edward Leigh). First, he raised a point that I surmise was on security, and I say to him that I simply do not know where the best site would be from a security perspective. It may be that somewhere between Parliament, which is obviously heavily secured, and MI5 would be an appropriate location for a site that will always carry security risks. It may be that other sites are better, and I defer to those with far more expertise than me. I note that the current Father of the House—like the previous Father of the House— has spoken about his concerns with the design of the memorial, which I think reflects the fact that he is a former Chair of the Public Accounts Committee, but I always have a slight concern. We obviously all agree on the principle, because it is important, and as the Member for Chelmsford said, after 11 years there is a need to make progress. I am not calling for delay—I certainly am not—because this is important, and we need to get on with it and to deliver it. However, it is fair to say that when the House is agreed on an issue, there is a danger that that issue is not sufficiently scrutinised. As I have said, the current Father of the House, like the previous Father of the House, has raised concerns. He speaks as a former Chair of the PAC; I currently chair the Finance Committee. The Finance Committee is not responsible for restoration and renewal—the House will come on to debate that—but I have already seen very serious concerns emerging around the challenges of the programme. You, Madam Deputy Speaker, have huge experience of the programme. Indeed, the programme has been repeatedly delayed and seen significant cost overruns. The design before us includes a significant proportion of construction underground in a very constrained site. I think the Minister opened the debate extremely well and I agreed with much of what she said, but it seemed to me that she is giving the trustees quite a lot of discretion, so I simply want to say how important it is, on this programme, that there is very real transparency about some of the challenges that I fear will emerge with the design, the construction, the risk of cost overruns, the constraints and the compromises. Can I bring that alive with one example? This site was constrained, and Parliament, as is its right, chose to vote to remove that constraint. On the R and R programme, I am told that the children’s education centre has to move because of an identical constraint. I suspect that the interaction of this programme with the R and R programme will come before the House in due course and raise some challenges. Indeed, the House has not even decided about such matters as what will happen to the education centre under the R and R programme. The importance of remembering the unbelievable horror of the Holocaust cannot be overstated—
If the hon. Member will let me, I would like to finish. When all in the House agree on something, the question is whether the designs have been sufficiently scrutinised. Therefore, my plea to the Minister is to make a commitment to transparency and to communicating the pressures, which I foresee will emerge, in a very timely way.
The Minister makes an important point. The key thing about the negotiations is that they were predicated on the United States’ concern about the continuing operation of the base in the context of concerns around international law. The position set out by the President of the United States last night is that he is not concerned about this—in fact, he is concerned about the deal the other way around. Moreover, I do not think that any of us would think that there is a concern around international law vis-à-vis the President of the United States. We are talking about two material changes. Surely in the face of these material changes, now is the time to pause and reconsider the implementation of the treaty. The circumstances have changed.
I am sure the entire House endorses what the Foreign Secretary has just said. In a week when the Government are sadly letting down Hongkongers in London, Chagossians in exile and Northern Ireland veterans in retirement, can we absolutely rely upon continued support for Ukraine’s gallant resistance to atrocious Russian imperialism?
Last week, as the Secretary of State will recall, some of us were loudly heckled for suggesting that X was beginning to give way on Grok. Now we know that that was true, so events are moving fast. Can the Secretary of State at least assure us that she will immediately—during the consultation and anything that follows on from it—instruct the civil servants who would have to prepare for a practical ban to get on with the task provisionally, so that no time is wasted?
I do not think I am breaking the Official Secrets Act if I gently point out that when I used to chair the Intelligence and Security Committee, I repeatedly deprecated the use of the word “mitigation”, because it covers such a wide range of sins, but leaving aside security considerations just this once, does the Minister accept, as he should, that this is a colossal propaganda win for totalitarian, communist China? Is there any argument that was used in favour of China getting this embassy that would not have carried exactly the same weight if totalitarian, imperialist Russia had wanted to buy this building? Would the Government have stopped Russia from doing it, and if they would have done, on what grounds?
A propaganda win.
I declare a sort of interest, in that many members of my family were murdered in the Holocaust. I understand the meaning of the term “Holocaust” to be the Nazis’ mass extermination of the Jews during their period in power, both in their own country and in the countries they occupied. I have not followed the progress of the Bill as closely as I should have done, but I get the impression that there is some move away from keeping it specific to that terrible crime, towards widening it to cover massacres in general and other terrible racial crimes. I think the intention behind the Bill and the museum was that it should be about the extermination of the Jews by the Nazis and their associates. Can the Minister confirm that that is still the situation?
rose—
The Minister seems to be putting an awful lot of faith in the good intent and reliability of the Mauritian Government. They are a close ally of China, which, he might remember, gave us cast-iron guarantees about the future of the Hongkongers once the lease on Hong Kong was given up. I gently remind him that the 2024 Labour manifesto, entitled “Change”, stated: “Defending our security also means protecting the British Overseas Territories and Crown Dependencies, including the Falklands and Gibraltar. Labour will always defend their sovereignty and right to self-determination.” Can he look the Chagossians in the Gallery in the eye and tell them that that is what the Government are now doing?
It is in your manifesto.
Has my right hon. Friend noticed that the Minister, who is, shall we say, a flexible friend in the cause of the Government’s policies, has been relying on the fact that, in the past, other Members of Donald Trump’s Government in America have been saying supportive things about the Bill? Would she like to cast a wager with the Minister, as I would, that 24 hours after Donald Trump changed his tune, the Government will change their tune in exactly the same direction?
I remind Members that they need to bob to catch my eye— although I can see they already know that.
For the benefit of the large number of visitors in the Public Gallery, I say that we now move to the wind-up speeches. I call the Liberal Democrat spokesperson.
Thank you for winding up. This has been a really important debate and I am so pleased that everyone was able to contribute. I hope that, had I spoken in the debate and not chaired it, I would have spoken with the same passion and insight that everyone has shown. Question put and agreed to. Resolved, That this House has considered the role of the NHS in preventing domestic homicides and domestic abuse-related deaths.