Legacy of Northern Ireland’s Past — House of Commons, 2021-07-14
Topic: Law and Crime
Brandon Kenneth Lewis (Conservative, Centre-right): Thank you, Mr Speaker. My apologies to you and to the House. I accept the comments that you have made. I just say in my defence and in that of colleagues who have been working on this issue for the past 18 months or so that we have been having wide engagement on a range of issues that inform the statement that I am going to make. This is the first time anybody will hear or have seen this statement, apart from the advance copies that we gave to colleagues earlier as per the normal protocol, as it has always been done, not to the press. It has been important in the past few weeks and months, and will be important in the weeks ahead, to have that wide engagement with people around the issues that we are talking about, because of the complexity and sensitivity of the matter I would like to make a statement now about the way forward in addressing the legacy of Northern Ireland’s past The troubles saw a terrible, extensive period of violence that claimed the lives of some 3,500 people, left up to 40,000 people injured, and caused untold damage to all aspects of society in Northern Ireland. The Belfast/Good Friday agreement in 1998 sought to move Northern Ireland forward, setting a bold and visionary path that would guide all the people of Northern Ireland towards a shared, stable, peaceful and prosperous future It is wonderful to mark, in this centenary year, just how far Northern Ireland has come. While Northern Ireland is undoubtedly today a fantastic place in which to live, work and visit, the unresolved legacy of the troubles remains. It continues to impact and permeate society in Northern Ireland. The past is a constant shadow over those who directly experienced the horrors of those times, and also over those who did not but who now live with the trauma of previous generations It is clear that the current system for dealing with the legacy of the troubles is not working. It is now a difficult and painful truth that the focus on criminal investigations is increasingly unlikely to deliver successful criminal justice outcomes, but all the while it continues to divide communities and it fails to obtain answers for a majority of victims and families. That is borne out in the figure. The Police Service of Northern Ireland are currently considering almost 1,200 cases, which represents just a fraction of the 3,500 deaths and wider cases. These would take over 20 years to investigate. More than two thirds of troubles-related deaths occurred over 40 years ago, and it is increasingly difficult for the courts to provide families with the answers they are seeking. If we fail to act now to address, acknowledge and account for the legacy of the troubles properly, we will be condemning current and future generations to yet further division, preventing reconciliation at both the individual and societal level That is why I am today laying before the House, and publishing, a paper that proposes a series of measures to address the legacy of the past in Northern Ireland. These proposals are being considered as part of an ongoing and an important engagement process, which I announced alongside the Irish Government at the British-Irish Intergovernmental Conference last month. As set out in the framework, which we published at the same time, that engagement process is committed to involving not just the UK and Irish Governments and the Northern Ireland parties, but those directly affected by the troubles, and experts and Members and Committees of this House and the other place. The objective of this engagement is to deal with legacy issues in a way that supports information recovery and reconciliation, complies fully with international human rights obligations and responds to the needs of individual victims and survivors, as well as society as a whole This is a hugely difficult and complex issue, and many have strongly held and divergent views on how to move forward, but I hope we can all agree that this is an issue that is of the utmost importance to the people of Northern Ireland and beyond. It is critical that all involved continue to engage in a spirit of collaboration in order to deliver practical solutions on this most sensitive of issues. This Government reaffirm their commitment to intensive engagement in that spirit, and we are committed to introducing legislation by the end of the autumn The measures set out in the paper will include three key proposals. First, a new independent body, that will focus on the recovery and provision of information about troubles-related deaths and most serious injuries. That body will be focused on helping families to find out the truth of what has happened to their loved ones. When families do not want the past raked over again, they would be able to make that clear. For those families that want to get answers, the body will have the full powers to seek access to information and find out what happened Secondly, a package of measures will also include a major oral history initiative, consistent with what was included in the Stormont House agreement. That initiative would create opportunities for people from all backgrounds to share their experiences and perspectives related to the troubles and, crucially, to learn about those of others. Balance and sensitivity would be of central importance and a concerted effort would be made to engage with those whose voices may not have been heard previously Thirdly there will be a statute of limitations, to apply equally to all troubles-related incidents. We know that the prospect of the end of criminal prosecutions will be difficult for some to accept, and this is not a position that we take lightly, but we have come to the view that it is the best and only way to facilitate an effective information retrieval and provision process, and the best way to help Northern Ireland move further along the road to reconciliation. It is a painful recognition of the very reality of where we are As I say, these issues are complex and they are sensitive. That is why they remain unresolved, 23 years after the Belfast/Good Friday agreement. We also understand the importance of the Stormont House agreement, and remain committed to its key principles, which this paper will outline and cover. In particular, we acknowledge that any proposal that moves away from criminal justice outcomes would be a very significant step that will be extremely difficult for some families to accept. The Belfast/Good Friday agreement was a bold step—one to address the past—and there have been other bold steps, such as the decommissioning of weapons and the limiting of sentences, all those years ago, to two years. However, it is increasingly clear to us that the ongoing retributive criminal justice processes are far from helping, and are in fact impeding the successful delivery of information recovery, mediation and reconciliation that could provide a sense of restorative justice for many more families than is currently the case The Government are committed to doing all in their power to ensure that families from across the United Kingdom do not continue to be let down by a process that leads only to pain, suffering and disappointment for the vast majority. As part of that, we will deliver on our commitment to veterans who served in Northern Ireland. We will provide certainty for former members of the security forces, many of whom remained fearful of the prospect of being the subject of ongoing investigations that will hang over them for years to come, even though the vast majority acted in accordance with the law, and often at great personal risk We are also unequivocal in our commitment to delivering for victims and survivors. Time is crucial, and as it moves on we risk the very real possibility that we will lose any chance to get the vital information that families want and need. They have waited long enough and a focus on information would offer the best chance of giving more families some sense of justice through acknowledgment, accountability and restorative means. We need to progress our understanding of the complexity of the troubles and in doing so seek to reconcile society with the past as we go on to look forward together This Government are determined to address all aspects of Northern Ireland’s troubled past. We know from our recent history, particularly with the implementation of the Belfast/Good Friday agreement, that we can achieve more when we are bold and move forward together. I want us all to continue to engage on the shape and the detail of the proposals as we work to address this issue, which is of the utmost importance to the people of Northern Ireland and beyond Finally, I draw the attention of the House to a quote from Margaret Fairless Barber. I came across it when reading the report by Lord Eames and Denis Bradley into Northern Ireland’s past and I think it is worth repeating today in the House: "To look backwards for a while is to refresh the eye, to restore it, and to render it more fit for its prime function of looking forward." I commend this statement to the House.