Hilary Benn
MP for Leeds South · Labour · United Kingdom
“As the right hon. Gentleman knows, the Irish Government published on 8 June their legislative outline, entitled “The General Scheme of the Legacy of the Troubles Bill 2026”. That is intended to fulfil the commitment that the Irish Government gave in the joint framework to co-operate to the fullest extent possible with the commission.”
“Northern Ireland is a society, as the hon. Gentleman knows better than most, that has been undergoing profound change since the signing of the Good Friday agreement 28 years ago. As the famous lines go, we have a shared history, but not necessarily a shared memory.”
“The right hon. Gentleman raises a really important point, and I am grateful to him for his question. We all have a responsibility—political leaders have a responsibility to call out what was witnessed for what it is and not mince our words, and as I have already indicated, social media companies have a responsibility to ensure that such m…”
“I hope the hon. Lady will recognise that the common travel area, which is more than a century old, is of great benefit to the citizens of the United Kingdom and the Republic of Ireland. Many people in Northern Ireland live their lives across that border every single day.”
“I do agree with my hon. Friend. The attack on Mr Ogilvie was truly shocking, and there was no justification whatsoever for the racist thuggery we witnessed on the streets of Belfast in the days following.”
“That was, of course, an awful feature of what we saw. One of the things I learned in my discussions was that those from the far right had taken a list of houses in multiple occupation in Belfast—a list that, in the interests of openness, was properly available on the Belfast city council website; the council has now taken it down—and used…”
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“I will give the hon. Gentleman one example, which involves the representation of veterans on the statutory advisory group that will be established, drawing on the experience of Operation Kenova, allowing the voice of veterans to be heard. This will be covered by clause 8 of the legislation.”
“I meet many cadets who are very keen to join the armed forces, and we should pay tribute to all who are offering their services to the nation in defence of the realm. We should not talk down the importance of that recruitment effort. If anybody looks in the round at what we are putting forward, they will think it is reasonable. I have met many veterans who argue—as the Veterans Commissioners have said—that they are not looking for immunity under the law, which is what the legacy Act gave; they are looking for fairness under it, and that is what we will provide.”
“I am happy to give my hon. Friend that assurance. To take another example of the protections, it was put to us by veterans in our discussions that no veteran should have to return to Northern Ireland to engage with legacy processes, and we are legislating for that in the Bill.”
“I hope that the hon. Gentleman will not only offer congratulations but continue these discussions about legacy matters in that spirit. When I say I am prepared to listen, I mean it. I would just point out to him that the problem arose because of the Supreme Court judgment, as he is well aware, and that for just over two years, the last Government could not find a solution. The one that was put in place did not work because it was found to be incompatible. I have reflected on the point that was made in representations, and this decision will ensure that there is no gap, as it has been referred to. We have found a mechanism that we believe will achieve what sections 46 and 47 failed to do.”
“I indicated to the House some months ago that we were determined to find a means of dealing with the Supreme Court judgment in 2020 on the subject of the Carltona principle. That is what our proposed legislation will seek to remedy. We think it is a better formulation than sections 46 and 47, and I look forward to the hon. Gentleman’s support in passing it.”
“The Government are committed to safeguarding Northern Ireland’s place in the UK internal market and to implementing the Windsor framework in good faith. The internal market scheme enables traders to move goods from Great Britain into Northern Ireland tariff-free and, since May, with significantly reduced paperwork and checks.”
“I say to the hon. Gentleman and those who advocated that we should leave the European Union: this is the consequence of it. There was an open border and two different jurisdictions—how were we going to deal with trade in those circumstances? Secondly, the goods are flowing; the goods are moving. Look at the evidence: the Northern Ireland economy in the second quarter grew by 2%. That is not indicative of a problem.”
“It is certainly the Government’s intention that the ban will apply in Northern Ireland, because it is very important that young people all over the United Kingdom are protected in the way in which the Bill seeks.”
“I hope that those who want to see a fair and effective approach to legacy that can command greater support in Northern Ireland will recognise that these measures represent fundamental reform, and that they will therefore be given a chance to succeed. Time waits for no one, least of all for the many families who lost loved ones, and they, ultimately, will be the judge of whether these new arrangements can give them the answers that they have sought for so long. I hope that we will together be able to grasp this opportunity, and so help the people of Northern Ireland to look to a future freer of the burden of the past. I commend this statement to the House.”
“Since my appointment last year, I have had many discussions with political parties, victims and survivors organisations, human rights groups, veterans and others affected by the troubles. Given the views held by so many people—often diametrically opposed—it was always going to be impossible to set out a plan that gives everyone everything that they want. There will be elements of our approach that some people will welcome and others will not. I also recognise that, because of what has gone before, there is a great lack of trust in all of us in the House on the part of victims and survivors. That is, unfortunately, the reality; but it is not, and it never has been, an argument for not trying to find a way forward.”
“That is why the joint framework contains specific and unprecedented commitments by the Irish Government to facilitate the fullest possible co-operation of the Irish authorities with a reformed legacy commission, to establish a dedicated unit within An Garda Síochána to deal with troubles-related cases, which will include investigating all outstanding cases in Ireland, and to make a financial contribution of €25 million to help fund legacy mechanisms. That is, of course, in addition to the £250 million already committed by the UK Government. Where required, legislation will be introduced by the Irish Government to implement those commitments. We are also establishing with the Irish Government an independent commission on information retrieval—initially on a pilot basis—to give families an additional means of obtaining information.”
“The remedial order, which I am also laying today, will remove the last Government’s much-criticised immunity scheme, which offered false promises, was never introduced, and would have enabled those who had committed the most appalling terrorist crimes to be granted immunity from prosecution—the principal reason why the Act was so strongly opposed in Northern Ireland—and it will lift the current prohibition on troubles-related civil proceedings. I am grateful to the Tánaiste, Simon Harris, and his team for their open and constructive approach in reaching the framework agreement, which recognises that helping families affected by the troubles is a shared responsibility.”
“The welfare of veterans will be given proper consideration as part of any assessment of whether they are required to give evidence, and that will include the right of veterans to seek anonymity when doing so. Our protections will not be limited to legislation. Any contact with veterans will be facilitated through the Ministry of Defence, protecting veterans from cold calling, and veterans will not be required to rehearse the historical context surrounding incidents when such information can be obtained from other sources, including the Ministry of Defence. These measures will provide what the three UK veterans’ commissioners have called for: not immunity from the law, but fairness under it.”
“That is why, having worked closely with the Defence Secretary and the Armed Forces Minister, the Government are introducing strong safeguards for veterans that respond directly to the concerns that have been expressed to us. Those safeguards will also apply to other people, such as former police officers. They will mean that no witnesses will need to travel to Northern Ireland to engage with legacy mechanisms. They will have a right to do so remotely, because coroners and judges in the commission will be legally required to allow it, and support for veterans will be available to assist them in that regard. The commission will be under a duty not to duplicate aspects of any previous investigations unless there are compelling reasons that make it essential.”
“We will also address in the Bill, rather than in the remedial order, the UK Supreme Court ruling in the Adams interim custody order case regarding the application of the Carltona principle. We must put beyond doubt Parliament’s intention by clarifying the fact that the relevant legislation allowed such orders to be made by junior Ministers as well as by the Secretary of State. We owe a huge debt of gratitude to the 250,000 Northern Ireland veterans who served with honour and distinction to keep people safe, and who worked with the police and other emergency services in the most difficult circumstances imaginable. Their service and their sacrifice will never be forgotten.”
“The Bill will fulfil the commitment that we have made to restore the small number of troubles-related inquests that were stopped in their tracks by the legacy Act, and refer the other inquests that had not yet commenced to the Solicitor General for independent consideration of whether, in each case, they are dealt with most appropriately by the reformed legacy commission or via the coronial system. It will enable the reformed commission to hold new proceedings in cases that are transferred to it from the coronial system. Consistent with the provisions in the Inquiries Act 2005, that will provide for public hearings, the consideration of sensitive information in closed hearings, and effective next-of-kin participation, including participation through legal representation.”
“It will significantly strengthen the governance of the commission, with two co-directors of investigations, statutory conflict of interest duties, and appointments made only following independent advice. It will enhance the investigative powers of the commission and put in place a fairer disclosure regime, ensuring that the commission has the powers that it needs to find answers for families and can make public the maximum possible information, consistent with the state’s responsibility to protect life and national security.”
“Whatever its intentions, it was no basis for trying to move forward. That is why the Government are today introducing new primary legislation and laying a draft remedial order under the Human Rights Act as we seek to fulfil our King’s Speech commitment to repeal and replace the legacy Act. This legislation will give effect to the framework that I announced with the Irish Government on 19 September, which reflects the principles of the Stormont House agreement and contains sovereign commitments by both the UK and Irish Governments. The new troubles Bill will reform the independent commission, to be renamed the legacy commission, giving it statutory oversight to provide accountability and confidence, and—learning from Operation Kenova—a statutory victims and survivors advisory group.”
“With permission, Madam Deputy Speaker, I would like to make a statement on the legacy of the troubles, which still hangs heavily over the lives of so many people in Northern Ireland and across the United Kingdom. The Good Friday agreement—that extraordinary act of political courage—brought peace. Although its architects knew that legacy would have to be dealt with, they were not able to do so. This is therefore the unfinished business of that agreement, and it is why so many—too many—victims and survivors are still waiting for answers about what exactly happened to those whom they loved so much. The previous Government’s Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 failed to win support in Northern Ireland, failed to comply with our international human rights obligations and was undeliverable.”
“On the protections we have brought in for veterans, we have done so with the motivation of protecting veterans. On the involvement of the Republic of Ireland, I join the hon. Gentleman—a point of unity at the end—in welcoming the commitment of the Irish Government to this partnership. The history of Northern Ireland teaches us that a lot of progress is made when the two guarantors of the Good Friday agreement work together, and many people in Northern Ireland would like to get answers from the Garda and the Irish authorities. At the moment, the Irish Government are refusing to co-operate. Why? Because of the last Government’s legacy Act. I look forward to the Irish Government participating in the process in the months and years ahead.”
“To the extent that cases are no longer inquests but will go to the commission, the cost will be borne by the UK Government and not by the Department of Justice in Northern Ireland. On the issue of interim custody orders, as I indicated to the House a moment ago, the legislation will make it clear that the signing of those orders by junior Ministers was always lawful, but we have also decided, in placing a draft remedial order before the House today, that sections 46 and 47 of the legacy Act will now remain in place until the provisions of the Bill take effect. That will deal with the point that some people have made about avoiding a gap, but we all have to recognise that sections 46 and 47 proved to be an ineffective way of dealing with this issue—the hon. Gentleman smiles, but he knows that that is the case.”
“Those nine inquests will include Loughgall, because the Conservative Attorney General ordered a new inquest into Loughgall 10 years ago—a point never referred to by the Opposition. It was one of the cases that had begun, and it therefore falls within the group that will be restored. The rest will be considered by the Solicitor General in the sifting process. The number of civil cases will depend on those who choose to bring them or resume them. On the PSNI, I say to the hon. Gentleman that prior to 1 May last year, the force had over 1,000 cases on its books, and that is no longer the case. The legacy commission, which the UK Government are funding, is now responsible for looking at all cases referred to it. That cost is borne by the UK Government and not by the Department of Justice in Northern Ireland.”
“I am grateful to the hon. Gentleman for his response. He says that the last Government sought to draw a line, but it did not work. In the act of seeking to do that—this is the one question that the now Opposition have never been able to answer—they decided that they would give terrorists immunity from prosecution. [Hon. Members: “No, they didn’t!”] Yes, that is what the last Government did, and I have never heard a justification. [Hon. Members: “No, they didn’t!”] Yes, they did, and it did not work. It did not have support in Northern Ireland. How can Northern Ireland proceed to deal with the legacy of the troubles, when the legislation that the last Government passed had no support in Northern Ireland? To answer the hon. Gentleman’s specific questions, nine inquests will be restored and the remaining 24 will go into the sifting process.”
“The question now for all those groups, having seen the framework agreement that we have reached with the Irish Government, is: do they feel that the legislation gives effect to that, and will it enable Northern Ireland to move forward in dealing with these really intractable problems?”
“The legislation is about to be published, but in the 14 months since I took up this post, I have had many conversations with families, victims, and the other organisations and groups that I listed in my statement. The Bill that the House will see is the result of that process of discussion, listening, drafting and attempting to respond—not in a way that will please everyone—to the mess that this Government were left by the last Government, who passed a piece of legislation that did not work, did not have support and was found by the courts not to be compatible with our obligations in a number of respects.”
“Gentleman will be able to see how they are given legal expression. Lastly, on the hon. Gentleman’s point about prosecution, I would simply say that people have made one or two comments in these discussions about politically motivated prosecutions or vexatious prosecutions. I think it is very important that the House upholds the integrity and independence of the prosecutorial authorities. A fundamental bedrock of our legal system is that independent prosecutors make such decisions, and to suggest that they are in any way politically motivated is in my view profoundly mistaken.”
“I welcome the hon. Gentleman to his new role, and I genuinely look forward to working with him on these and other matters, given his interest in Northern Ireland, which is shared right across the House. Let me turn to his three specific questions. First, no legislation can enable people to feel reconciled in some way to what happened. In the end, reconciliation has to come from within. The title “reconciliation” will not be in the new name of the legacy commission, because it is a consequence of a process that we are trying to put in place, if families can find answers. I urge the House to concentrate on that, because that is what this is all about—trying to enable families to find answers. Secondly, I did draw attention to the safeguards in my statement, and when the Bill is published later, the hon.”
“I thank my hon. Friend for her question, but above all for her great service in the Northern Ireland Office. It was a real pleasure to work with her, and she did so much during her time in the Department. I do agree with my hon. Friend, because those service families want to find answers. Some time ago, I met the family of Tony Harrison, who served and was murdered in Belfast. His mother and his brother told me how outraged they were by the legacy Act, because it proposed that those who had killed her son could get immunity from prosecution. It is so important that we put that misguided approach on one side, so that all families—service families and others—can find answers.”
“On the first question, when the right hon. Gentleman sees the Bill, he will see that we are making changes to allow some other matters to be investigated, because I am conscious of the point he has raised.”
“I am grateful, as ever, to the right hon. Gentleman for his wise words, and I once again pay tribute to the distinguished role he played in trying to move forward some of these and many other Northern Ireland questions during his time as Secretary of State. On the latter point, it is not for me to speculate on what is going to happen as a result of the decisions of the Irish electorate. The current coalition Government have given a commitment, and this partnership was two Governments coming together, each making sovereign commitments and promising to carry them out in their own jurisdictions. I think it is a hugely significant moment, because we have to go back 11 years to the last such time, when the last Government were able to reach agreement with the Irish Government in the form of the Stormont House agreement.”
“We should not forget that, despite the nearly 100 cases that the commission is currently investigating, which I welcome, far too many families in Northern Ireland have said that they will not be going anywhere near the commission. Part of the purpose of what we are seeking to do is to build confidence on the part of more families in Northern Ireland to go to the commission and get answers.”
“I would make two points. First, as I have alluded to, we have drawn on the experience of Operation Kenova, in that the Bill will create a statutory victims and survivors advisory group to ensure that, in the way it goes about its work, the commission takes account of victims and survivors, and that will include a representative of those who served the state during the troubles. On the second point, we are putting together much tougher statutory provisions in place relating to conflicts of interest. That is why there will be two directors of investigation—one will have experience of investigating cases in Northern Ireland, the other will not—which will address the concerns some families have about who will be looking into their case.”
“The second will be speed—time waits for no one. The third will be the view of those who are involved in the cases, including families.”
“The framework was announced when it was because it is a joint framework between two Governments and that means there had to be a negotiation about when it came out, but I did undertake to Mr Speaker at the time that I would come to the House as quickly as possible to make a statement. I laid a written ministerial statement in the House yesterday, and I came today at the first available opportunity with Members here, bearing in mind the Whip we had yesterday, to subject what had agreed to scrutiny. I have every confidence in the Solicitor General, and I am sure she will do an excellent job in sifting these cases against three criteria, which will be laid out in statute. The first will be about the impact that sensitive information will have on the ability of inquests to actually complete the case.”
“I would say to the right hon. Gentleman that I am sorry to have heard what he has just said in relation to very substantial proposals contained in the framework document. I grant him that the Bill will be published shortly, and he will have a chance to read it. I have been accused of many things in my time in public life but being cynical is not one of them, so that is a first. The truth about the announcement of the framework— [ Interruption. ] Well, it may be the beginning of a number of such accusations, but I will leave that to others who want to take the debate in that particular direction.”
“Friend the Member for Birmingham Selly Oak (Al Carns), from the Ministry of Defence, who has played a really important and significant role in putting the protections in place. I note that Lieutenant General Sir Nick Pope, the chair of the Confederation of Service Charities, has said that the Confederation “welcomes the development of the safeguards that have been put in place to offer protection to those within the armed forces community who are affected by legacy issues.” I, too, welcome that recognition of what we have done.”
“I thank my hon. Friend for her question. She is such a strong advocate for the many veterans she represents. I encourage her to look at the legislation to see the nature of the legislative commitments to give effect to the veterans’ protections. There will be a couple that will not be in legislation because they are entirely in our own hands, agreeing a protocol with the commission to ensure that there is no cold calling. I would like to take this opportunity to welcome my new deputy, the Under-Secretary of State for Northern Ireland, my hon. Friend the Member for Wirral West (Matthew Patrick) to the House. It is very remiss of me not to have done so. This is the first chance we have had to sit together on the Front Bench. I pay tribute to the Minister for the Armed Forces, my hon.”
“Every single investigation is important to every single family, because each is about the death of a loved one. I am sure we will debate the specifics of the legislation at length in the House. The state has a duty, of course, to properly investigate cases where it has been involved in a death. The right hon. Gentleman is well aware of that. It is a duty that all of us should uphold.”
“I note the right hon. Gentleman’s point about the past, and I am not going to dissent from what he said, but this is an attempt to move beyond the past and the history and to move forward to something that is better. In the end, people will judge the commitments that this Government and the Irish Government have made, but the deal has been signed in good faith, and we are committed to doing what we promised to do. The commission was established by the previous Government, after all, and I took the decision not to abolish it, but to reform it. Many people criticised that—they wanted it scrapped completely and for us to start again, but I thought that would have been a mistake, because time waits for no one. We would have wasted all the money and stopped the investigations that are taking place, which are really important to the families.”
“My hon. Friend gives me the opportunity to pay tribute to my extraordinary officials, some of whom are present today. It has been the privilege of my life to work with them on this. I know that my hon. Friend will hold us to the highest standards, and I accept what she says in the spirit in which it is offered. As I indicated to the House earlier, I want there to be maximum provision of information to families, but we must also acknowledge that any and all Governments have responsibilities for the security of the state and to protect life, and this Government will uphold both.”
“The inter-state case is a matter for the Irish Government, but I am very clear of one thing, which is that the last legacy Act created circumstances in which the law that was not compatible with our international obligations, and that is the basis of the inter-state case. The legislation I am bringing before the House will fix that and deal with it, and in those circumstances the inter-state case will no longer have a basis.”
“I thank the hon. Gentleman for the role he played as Liberal Democrat spokesperson for Northern Ireland. The truth is that with the passage of time, the possibility of prosecution becomes increasingly remote. We all know that to be the case. Most of the families I have met—not all, but most—have said, “I know that no one is going to be held to account through the judicial process, but I just want to know what happened. That’s what I want.” It causes such pain and grief that that answer cannot be provided. It really is difficult. As far as the Irish Government are concerned, I believe that they will honour the promises they have made. This partnership with the Irish Government is a significant moment, because moving from non-co-operation to co-operation will open up the possibility for more information to come to families.”
“I am grateful to my hon. Friend for what he has said. I spoke yesterday to the victims’ commissioner in Northern Ireland. On 19 September when the framework was published, the Tánaiste and I met the victims and survivors forum in Northern Ireland and explained what the framework seeks to do. I made a commitment to the victims’ commissioner yesterday that I will come back to meet the victims and survivors forum once it has had a chance to look at the legislation to find out what it thinks.”
“I was standing next to the Tánaiste when he made it quite clear—to give an example—that he would ensure legislation was in place to deal with the commitment to enable witnesses to give evidence to the Omagh public inquiry before the hearings resume in March. That seems to be an important example of good faith.”
“I thank the hon. Gentleman for what he said. I hope he knows that I will do anything and everything I can to try to find a way forward, in partnership with as many Members of the House as possible. For a long period of time, this question has been subject to the bipartisanship which, in the main, has characterised relations between the parties in the House on matters to do with Northern Ireland. I recognise that there are disagreements in relation to one aspect of what we are putting forward; that does not mean that we cannot work together on the others. I take the hon. Gentleman’s point about the importance of seeing the legislation required in Ireland to give effect to the proposals.”
“It is to enable those who have information to pass it to the body, which can then pass it to the families, and that information will be a protected disclosure, which is not the same as immunity. That system has worked well through the independent commission for the location of victims’ remains in recovering quite a number of the remains of those who were abducted, tortured, murdered and buried by the IRA. I hope that it is a step forward in going back to what was agreed at Stormont House by the previous Government, the Irish Government and the political parties—well, not all of them—and will be welcomed on all sides.”
“On inquests, there are three statutory tests that the Solicitor General will have to apply. In answer to an earlier question, I indicated what they are. Family views will be one of the considerations, but if inquests cannot proceed because of sensitive information, would it not be more sensible to put it into the commission, which can deal with sensitive information, because it has provision for closed hearings? No doubt my hon. Friend will make the point about appointment processes when we come to discuss the Bill. However, on the agreement on the information-retrieval mechanism, I point out—this is also relevant to the point made by the Opposition—that that was negotiated by the previous Conservative Government and the Irish Government, and it formed part of the Stormont House agreement. What is the purpose of it?”
“We have to try to make this work, and I have already begun the process of talking to the hon. Member’s colleagues in the Northern Ireland Executive.”
“May I say to the hon. Member that I agree with every single word that she has expressed so powerfully and forcefully? I encourage those who have been chuntering from a sedentary position during the course of these exchanges to reflect on her point that there are many people who say they do not want immunity and they certainly object to it being given to those who committed the most appalling crimes. Voices in Northern Ireland really need to be listened to. The failure to do that, including under the last legacy Act, is why I made the point that there has been a terrible lack of trust in politicians over a long period of time. I will not make a party point, but there is a terrible lack of trust in politicians because there have been attempts before and they have not worked.”
“I agree with my hon. Friend, who makes the point extremely forcefully. It did not work and it was never deliverable. There never was immunity; it was a false promise made to veterans who were badly let down and badly served by the last Government. Whoever won the election last year would have had to deal with the mess that we have inherited, and that is what we seek to do.”