Legacy Discussions

As I set out on 4 December, the Government have now begun the process of repealing and replacing the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 through a proposed remedial order, and we will bring forward primary legislation, including to reform the Independent Commission for Reconciliation and Information Recovery. In preparing for that, I will continue to talk to all interested parties.

Nobel laureate Seamus Heaney described Sean Brown as a man of “goodwill and integrity” who represented something better than we have grown used to. We meet the day before his family are forced back to court, and in the week of the anniversary of the Kingsmill massacre; the sole survivor, brave Alan Black, is waiting for a long-overdue ombudsman report. Those two incidents were among the most nakedly sectarian in a squalid conflict, but decades on, those in and out of uniform who created victims—rather than the victims themselves, who have lived with the consequences for decades—are still driving the process. Will the Secretary of State commit to ensuring that his forthcoming proposals, which I know he is working on intensively, remove the NIO veto under the guise of national security? Will he commit to root-and-branch reform of ICRIR and to exposing collusive behaviour, and will he hold to the standards agreed by all parties in both Governments at Stormont House?

I have met both the Brown family and Alan Black, the sole survivor of the Kingsmill massacre. The trauma they have been through is hard for anyone else to appreciate. We all look forward to the publication of the ombudsman’s report on the Kingsmill massacre. I want to see a full investigation into the murder of Sean Brown, but there is an appeal on wider matters and I cannot comment further. I am committed to fundamental reform of the independent commission.

My first full-time job in the early 2000s was setting up and running a peacemaking programme for young people in Northern Ireland, so I am pleased that the Independent Commission for Reconciliation and Information Recovery was salvaged from the remains of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023. However, I am concerned that in the discussions around legacy the goal of cross-community reconciliation is being treated as secondary to information recovery for individuals, important as that is. How will my right hon. Friend ensure that ICRIR works with key stakeholders to foster cross-community reconciliation in Northern Ireland?

My hon. Friend raises a really important point. Enabling families who have suffered for so long and who have not found answers to what happened is a fundamental part of facilitating the process of reconciliation in Northern Ireland. The truth is that we have to work on both aspects.

The Secretary of State knows that I agree with many aspects of the repeal of the legacy Act, but the Policy Exchange report this week, as the newspapers have reported this morning, raises significant concerns about the repeal of sections 46 and 47. May I urge him to return to the previous cross-party position that we have to block compensation payments to terrorists such as Gerry Adams?

I have indeed seen that report. The problem is that the approach set out in the legacy Act has been found, in that respect and many others, to be unlawful. Of course we will continue, as the previous Government did, to see whether we can find a lawful way of dealing with the issue that the right hon. Gentleman has identified. That work will continue.

Does the Secretary of State agree that the job of the commission in helping people to deal with the past is made much more difficult when we have reprehensible incidents such as Sinn Féin First Minister Michelle O’Neill attending and speaking at a commemoration of three IRA terrorists who died when the bomb they were transporting through County Londonderry in 1971 exploded prematurely, killing them rather than the innocent people they intended to murder, and when we now have the possibility that the former Sinn Féin leader and terrorist Gerry Adams may be about to receive compensation?

As I said a moment ago, the process of reconciliation and coming to terms with the past is a difficult and itself a troubled process. Lots of people have been on a journey and we need to continue to see that journey followed. People will express their views about the stance that different people have taken, but since the hon. Gentleman has mentioned the First Minister, I welcome the fact that, for the first time, she attended the Remembrance Sunday commemorations.

I call the shadow Secretary of State.

I would like to return to the question that has just been raised by the former Secretary of State for Northern Ireland, my right hon. Friend the Member for Skipton and Ripon (Sir Julian Smith). When the previous Government passed their legislation, the Labour party was in favour of the amendments made in another place that ruled out compensation to people such as Gerry Adams and others similarly detained in the 1970s. Why have the Government now changed their position?

The courts have found those clauses to be unlawful. The last Government passed legislation to enable terrorists to get immunity. The last Government passed legislation to deny people in Northern Ireland the right to bring civil claims, including against terrorists. The Conservative party has never apologised for doing both of those things. It is about time that it did.

Let us return to the matter of Gerry Adams. I am sorry to say that I must correct the Secretary of State. The High Court found that those provisions of the legacy Act were unlawful, but it is well within the Secretary of State’s power to appeal that judgment. He has dropped that appeal. I do not wish to teach the Secretary of State to suck constitutional eggs, but he will know full well that it is also within the sovereign power of this Parliament to give legal basis to the Carltona doctrine, which has been in place since the 1940s. Or would he rather pay compensation to Gerry Adams and people like him?

Nobody wants to see that. The Supreme Court judgment that ruled that the interim custody orders following internment were not lawfully put in place, in which the Carltona principle was much discussed, was in 2020. The last Government did nothing about that for three years, until they belatedly accepted an amendment in the House of Lords that has now been found to be unlawful. It is a complex and difficult question—the last Government found it difficult—but we will continue to follow the same path to see whether it is possible to discover a legal means of dealing with the problem that the hon. Gentleman has identified.