New Troubles bill reforming ICRIR and introducing ‘strong safeguards’ for British Army veterans tabled

Derry Journal

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00:00With permission, Madam Deputy Speaker, I would like to make a statement on the legacy of

00:05the Troubles, which still hangs heavily over the lives of so many people in Northern Ireland

00:10and indeed across the United Kingdom.

00:13The Good Friday Agreement, that extraordinary act of political courage, brought peace.

00:19But although its architects knew that legacy would have to be dealt with, they were not

00:23able to do so.

00:26This is, therefore, the unfinished business of that agreement, and why so many—too many—victims

00:33and survivors are still waiting for answers about what exactly happened to those they loved

00:39so much.

00:41The previous Government's Legacy Act failed to win support in Northern Ireland, failed

00:47to comply with our international human rights obligations, and was undeliverable.

00:55Whatever its intentions, it was no basis for trying to move forward.

01:02That is why, Madam Deputy Speaker, the Government is today introducing new primary legislation

01:07and laying a draft remedial order under the Human Rights Act, as we seek to fulfil our King's

01:13Speech commitment to repeal and replace the Legacy Act.

01:17Madam Deputy Speaker, this legislation will give effect to the framework that I announced

01:22with the Irish Government on 19 September, which reflects the principles of the Stormont House

01:28Agreement and contains sovereign commitments by both the UK and Irish Governments.

01:35The new Troubles Bill will reform the Independent Commission, to be renamed the Legacy Commission, with

01:43statutory oversight to provide accountability and confidence, and learning from Operation Canova,

01:49a statutory victims and survivors advisory group.

01:54Significantly strengthen the governance of the Commission, with two co-directors of investigations,

02:00statutory conflict of interest duties, and appointments made only following independent advice.

02:07Enhance the investigative powers of the Commission and put in place a fairer disclosure regime,

02:15ensuring that the Commission has the powers it needs to find answers for families, and can

02:20make public the maximum possible information consistent with the State's responsibility to protect

02:28life and national security.

02:31The Bill will also fulfil the commitment we have made to restore the small number of troubles-related

02:36inquests which were stopped in their tracks by the Legacy Act, and refer the other inquests

02:42that had not yet commenced to the Solicitor-General to independently consider whether in each case they

02:49are most appropriately dealt with by the Reformed Legacy Commission or via the Coronial System.

02:57We will enable the Reformed Commission to hold new proceedings in cases that transfer to

03:02it from the Coronial System.

03:05Consistent with the provisions in the Enquiries Act, this will provide for public hearings, the

03:09consideration of sensitive information in closed hearings and effective next-of-kin participation,

03:16including through legal representation.

03:20We will also address in the Bill, rather than in the remedial order, the UK Supreme Court

03:27ruling in the Adams Interim Custody Orders case regarding the application of the Carltona

03:35principle.

03:37We must put beyond doubt Parliament's intention by clarifying that the relevant legislation allowed

03:44such orders to be made by junior ministers as well as by the Secretary of State.

03:51Madam Deputy Speaker, we owe a huge debt of gratitude to the 250,000 Northern Ireland veterans who

03:56served with honour and distinction to keep people safe and who worked with the police and other

04:02emergency services in the most difficult circumstances imaginable.

04:09Their service and their sacrifice will never be forgotten.

04:14That is why, having worked closely with the Defence Secretary and the Armed Forces Minister, the

04:20Government is introducing strong safeguards for veterans that respond directly to the concerns

04:28that have been expressed to us.

04:30These safeguards will also apply to other people, such as former police officers.

04:35They will mean that no witness will need to travel to Northern Ireland to engage with legacy

04:42mechanisms.

04:43They will have a right to do so remotely because coroners and judges in the Commission will

04:49be legally required to allow this and support for veterans will be available to assist them

04:56in doing so.

04:58The Commission will be under a duty not to duplicate the work of previous investigations unless there

05:04are compelling reasons that make it essential to do so.

05:09The welfare of veterans will be given proper consideration as part of any assessment as to whether they

05:15are required to give evidence.

05:17This will include the right for veterans to seek anonymity when doing so.

05:22And our protections will not be limited to legislation.

05:26Any contact with veterans will be facilitated through the Ministry of Defence, protecting veterans

05:31from cold calling, and veterans will not be required to rehearse the historical context surrounding

05:39incidents where such information can be obtained from other sources, including the Ministry of

05:45Defence.

05:46These measures will provide what the three UK veterans commissioners have called for—not immunity

05:54from the law, but fairness under it.

05:59Madam Deputy Speaker, the remedial order, which I am also laying today, will remove the previous

06:06Government's much criticised immunity scheme, which offered false promises, was never introduced,

06:13and would have enabled those who committed the most appalling terrorist crimes to be granted

06:22immunity from prosecution.

06:25The principal reason why the Act was so strongly opposed in Northern Ireland.

06:35It will lift also the current prohibition on troubles-related civil proceedings.

06:41Madam Deputy Speaker, I am grateful to the Tornister, Simon Harris, and his team for their open

06:47and constructive approach in reaching the framework agreement, which recognises that helping families

06:54affected by the troubles is a shared responsibility.

06:58That is why the Joint Framework contains specific and unprecedented commitments by the Irish Government

07:05to facilitate the fullest possible cooperation of the Irish authorities with a reformed legacy

07:12commission.

07:13Establish a dedicated unit within Angada Shikona to deal with troubles-related cases, including

07:20investigating all outstanding cases in Ireland.

07:25And make a financial contribution of €25 million to help fund legacy mechanisms.

07:31This is, of course, in addition to the £250 million already committed by the UK Government.

07:37And where required, legislation will be introduced by the Irish Government to implement these commitments.

07:44We are also establishing with the Irish Government an independent commission on information retrieval,

07:52initially on a pilot basis, to provide families with an additional means of getting information.

07:59Madam Deputy Speaker, since my appointment last year, I have had many discussions with political

08:05parties, victims and survivors organisations, human rights groups, veterans and others affected

08:11by the troubles.

08:13Given the views held by so many people, often diametrically opposed, it was always going to

08:20be impossible to set out a plan that gives everybody everything that they want.

08:28There will be elements of our approach that some people will welcome and others will not.

08:35I also recognise, because of what has gone before, there is a great lack of trust in all of us

08:43in this House on the part of victims and survivors.

08:48That is, unfortunately, the reality.

08:51But it is not – and it never has been – an argument for not trying to find a way forward.

08:56And I hope that those who want to see a fair and effective approach to legacy, which can

09:01command greater support in Northern Ireland, will recognise that these measures represent

09:07fundamental reform and will, therefore, be given a chance to succeed.

09:14Time waits for no-one, least of all for the many families who lost loved ones.

09:22And they, ultimately, will be the judge of whether these new arrangements can give them the answers

09:28that they have sought for so long.

09:31And I hope that we will, together, be able to grasp this opportunity and so help the people

09:37of Northern Ireland to look to a future freer of the burden of the past.

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