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 have already made it clear to the House that as long as I am in this post I have no intention of appointing those who have engaged in paramilitary activity to any of the posts contained in the Bill. On the protections, we all have a responsibility to explain and point out that they are in the draft legislation in clauses 30, 31, 36, 91, 84, 54, 56, 69 and 8. They are real, tangible protections, and they respond directly to the concerns that veterans have raised with the Government. We have introduced them because of our determination to ensure that veterans are treated properly.”
“As the hon. Gentleman will be well aware, there is a long-standing tradition that the Government do not reveal the legal advice they receive. All Governments receive legal advice, but we do not share it, because that is part of the business of government. I have already made reference to the Irish Government’s announcement in respect of legislation to enable witnesses to give evidence to the Omagh bombing inquiry, which I welcome.”
“There is the clearest distinction between the two groups of people that the hon. Member refers to, and I have made that clear from the Dispatch Box on a number of occasions. There is absolutely no equivalence between those who sought to protect the public and those who committed the most appalling terrorist atrocities. I have respectfully to disagree with the hon. Member, because if she is arguing that prosecutions have been vexatious, she is saying that our independent prosecutors are working on a basis that is outwith their task, which is, in all cases, to look at the evidence and to ask whether there is a reasonable prospect of conviction and whether it is in the public interest to prosecute. If we undermine the independence of independent prosecutors—the separation between the Government and the court system—we are sunk as a nation.”
“As I have said to the House before, I will, of course, look carefully at all the amendments tabled when we come to debate the Bill in Committee and on Report. The test for prosecutions, as I indicated in answer to the previous question, is the same now, and will be the same in future, as it has been for the last 30, 50 or 70 years—those who have greater legal experience can tell the House how long that has been the case. It will not change, because it depends on the evidence. We are setting out in the Bill that to reinvestigate things the commission has to be of the view that it is essential to do so. That word “essential” is a very high bar.”
“I have the greatest respect for the hon. Gentleman. I think that he, I and, I hope, the whole House share the desire to enable answers for all those families who are living with the pain of not knowing what happened to their loved ones. The Kenova report has made an important contribution to seeking to uncover the truth. In drafting the legislation, we have drawn on a number of the lessons of Kenova, including that of the victims and survivors advisory panel, because many people said that that was one of the great things about the way Kenova went about its job. It is in the draft Bill that the House will consider again shortly.”
“Member for Belfast East (Gavin Robinson).”
“We now have that, but that was not the case in the 1970s and the 1980s.”
“The behaviour reported on, including collusion by individual members of the security forces, is shocking. The Government will respond to the full Denton report when it is published, bearing in mind that related legal proceedings are ongoing in this case and in the case of Stakeknife. The Government responded to a number of the other recommendations in the interim Kenova report in August. That is available in the Library and is also addressed in the written ministerial statement.”
“The use of agents is nowadays subject to strict regulation, overseen by the Investigatory Powers Commissioner and the Investigatory Powers Tribunal. On Operation Kenova’s request to the Government to name Stakeknife, I told Sir Iain Livingstone in August: “Due to ongoing litigation relevant to the Neither Confirm Nor Deny [NCND] policy, namely the Thompson Supreme Court appeal, a substantive and final response to your request will be provided after judgment has issued in that case.” The Government’s first duty is to protect national security, and identifying agents risks jeopardising that. Today’s report also makes public the high-level findings of Operation Denton, which looked at killings carried out by the Ulster Volunteer Force Glenanne gang.”
“Operation Kenova has set a standard for future legacy investigations, and we have drawn on a number of those lessons in drafting the Northern Ireland Troubles Bill. I wish to express my heartfelt condolences to all the families who lost loved ones in the appalling circumstances described in this sobering report. Operation Kenova was asked to establish whether there was evidence of criminal offences by the alleged agent known as Stakeknife or their alleged handlers. The behaviour described of the alleged agent and their role in the Provisional IRA is deeply disturbing, and it should not have happened. In recent decades, there have been significant reforms to agent handling practice, including through legislation.”
“I am grateful to the right hon. Gentleman for his question. I inform the House that I will lay a written ministerial statement on this matter later today. Operation Kenova has published its final report, which covers the activities of the alleged agent Stakeknife, as well as other investigations referred to it by the Police Service of Northern Ireland. Let me begin by commending the Kenova team, led by Sir Iain Livingstone and Jon Boutcher, for the exemplary way in which they carried out their work, built trust with families, put victims first and provided many answers about what happened to their loved ones. Operation Turma, which was part of Operation Kenova, resulted in the prosecution of an individual now extradited from Ireland and awaiting trial for the murder of three Royal Ulster Constabulary officers in 1982.”
“I hope all Members will welcome that, because the more information we can get about what happened, the more families will be able to find out exactly what happened to their loved ones.”
“Gentleman’s final point about us all wishing to learn from the past—and I think that in order to learn from the past, one has to try to tell the truth about it—I simply draw his attention to the framework agreement reached between the UK Government and the Irish Government in September. I draw his attention to the steps that have been taken by the Irish Government to co-operate with the Omagh inquiry, which he and I have debated many times before, as well as the commitment that the Irish Government have given to the fullest possible co-operation with a reformed legacy commission. The Government’s troubles Bill is seeking to put that reformed commission in place, with the consent and will of the House.”
“I also note what the report has to say about not finding any evidence of high-level collusion between the security forces and loyalist paramilitaries, in particular the UVF in respect of the work of the Glenanne gang, as they have been called. However, I do notice what it says about individual collusion. I used the word “shocking” deliberately, because it is shocking to learn now that—as Operation Kenova reports—serving police officers and serving members of the armed forces were colluding with those who were murdering a very large number of people. Over 120 people were murdered by that gang. On the right hon.”
“I am grateful to the right hon. Gentleman for those points. I join him in recognising the huge contribution that was made by the intelligence services, the Army, the RUC and other security forces during the troubles to try to keep people safe and defeat those who were trying to destroy society through their terrorism. We all recognise that. The responsibility for the murder of around 1,700 people, often in the most brutal circumstances—in some cases killing people, burying them, and then for a long time providing no information as to where the remains of people’s loved ones could be found—rests with the Provisional IRA. I echo the comments that were made in the interim report and the final report about what they did.”
“That will remain the case for the reformed legacy commission, because the commission has the ability to deal with closed material; the coronial system does not, as the House is aware. Precisely as my hon. Friend has said, it is vital for the confidence of families that they know the bodies that are charged with investigating what happened in the past—the people who are trying to find out what happened to their loved ones—are able to see all the relevant material.”
“I am very grateful to my hon. Friend, the Chair of the Select Committee, for what she has just said. She refers to the unfortunate episode in which MI5 discovered further files relating to the work of Operation Kenova that it had not previously been able to identify. The authors of the Kenova report say that they have no reason to believe that those files were withheld; MI5 was not able to find them, and the head of MI5 set up a process to review exactly what had occurred. Under the current legacy Act, the Independent Commission for Reconciliation and Information Recovery, which will become the legacy commission under our legislation, has the ability to request and see all information.”
“The Tánaiste has said to me that the legislation to allow witness testimony to be given to the Omagh bombing inquiry will be in place by March, and we look forward to seeing, in due course, the outline of the Irish Government’s legislation that will implement the rest of the commitments when it comes to co-operation with the new legacy commission that we are seeking to establish by means of the legislation currently before the House. I am always happy to return to the House to provide further information and to answer further questions, but we are waiting for the Thompson judgment, which is absolutely about the “neither confirm nor deny” policy. That is why, when I wrote to Sir Iain Livingstone on, I think, 13 August, I said to him what I quoted in my original answer to the question from the right hon.”
“I am grateful to the hon. Gentleman for his comments, and for the spirit and the tone in which he delivers them in relation to this extremely serious matter. I do indeed acknowledge—as I think I have already indicated—what he said about the nature of the collusion that has been discovered, and what it was and what it was not, for instance in respect of the Dublin and Monaghan bombings. Those are very, very important findings. It is for the Irish Government to determine what information they reveal, but they have given commitments to me, to the UK Government and, indeed, to all of us about the co-operation that they will provide.”
“What I think is particularly important about the report published today is its confirmation of a point made by Jon Boutcher when he published the interim report: he said that in the absence of information about what happened, people form a view about what they think happened, and as a result what is finally produced—there is an example of this in relation to the final Operation Kenova report—may turn out to be not quite what everybody thought it was, and that is the argument for trying to be as open as possible about what happened. However, I wanted to make clear in coming to the House today that what has been revealed is, as I have said, disturbing and deeply shocking and should not have happened, and it is really important that we learn the lessons.”
“I should say to my hon. Friend that I have not made such an assessment, but Operation Kenova itself had something to say in relation to the activities of the alleged agent Stakeknife. Its view was that the balance—I hate to use the term “balance sheet”—of lives lost and lives saved was not quite as it had been described by others.”
“Friend the Member for Gower (Tonia Antoniazzi), in respect of the information that was subsequently discovered, but, of course, the use of agents— covert human intelligence sources—is nowadays subject to regulation under the Regulation of Investigatory Powers Act 2000 and the Covert Human Intelligence Sources (Criminal Conduct) Act 2021. Both those pieces of legislation show the determination of the House to learn from what has gone wrong in the past.”
“The ultimate responsibility of Governments is to protect national security, and the moment that the “neither confirm nor deny” policy starts to be eroded—although in a small number of cases it has been set aside for particular reasons—that undermines the confidence of those who are serving the state today to keep us safe. They may start to ask themselves, “Will the Government still uphold that lifelong commitment not to reveal anything about what I have done?” The “neither confirm nor deny” policy is a really important protection for those who do very dangerous things in order to try to protect all of us. As for the hon. Gentleman’s question about MI5, I responded to the Chair of the Select Committee, my hon.”
“Our legislation contains a number of very specific safeguards, which are in the Bill because of our commitment to the veterans who served with such bravery in the most difficult circumstances. However, I have indicated to the House that, as the Bill progresses, I am open to a continuing conversation with Members in all parts of the House, and with the Royal British Legion and the other organisations representing veterans, so that we get this right. The “neither confirm nor deny” policy is important for our national security.”
“It is important that the commission—and I know it is working hard to do this at the moment—is able to win the confidence of families, so that when people say to them, “I can tell you this, and I cannot tell you that, and I have not been able to find out the following”, the families will feel confident that they have done their darnedest to discover what really went on.”
“I strongly agree with my hon. Friend. In one sense, the great contribution that Operation Kenova has made to doing precisely that has been the way in which it has dealt with the families, keeping in touch with them, telling them what it was and was not able to discover. We have adopted the idea of a victims and survivors advisory group, because all the people I spoke to said that it had worked very well during Operation Kenova. We have included it in the Bill that the House is currently considering, because learning the lessons means not just reflecting on the horror that this report reveals, but learning from the way in which Operation Kenova went about dealing with families.”
“The Intelligence and Security Committee may well wish to look at the Operation Kenova report and ask questions. The right hon. Gentleman put an important hypothetical point about the difficulty of balancing the considerations, but there is no doubt that the contributions that agents make are very important to protecting our national security and, as several Members have indicated to the House, were very, very important in the fight against those who were trying to destroy society in Northern Ireland and who were responsible for killing so many people during the course of the troubles.”
“We are doing that in a number of respects, including through the advisory committee to represent victims and survivors, the fact that there will be a new oversight board, and the changes the Bill is making to the provisions relating to disclosure. My hon. Friend made such a powerful point when she said that the lack of answers creates a void. It is a void that the families have had to live with for many, many years, which is why the whole House has an obligation to do everything we can to create a system that all families can have confidence in, so that it can look into all cases.”
“On the hon. and learned Gentleman’s latter point, that is indeed what the Kenova report says. That is one of many reasons why it is so important. I am not going to comment on the alleged agent with the name Stakeknife, for the reasons that I gave in answering the urgent question at the beginning. The Thompson judgment that we are currently awaiting is really important in respect of “neither confirm nor deny”. I have already indicated to the House that I join all right hon. and hon. Members in paying tribute to the work of the intelligence services and the security forces in trying to keep people safe in the face of murder and mayhem caused by many people—not only the republican movement, but the loyalist gangs who also killed a lot of people—during the troubles.”
“Independence is indeed extremely important to building a sense of confidence on the part of families that their cases will be properly looked into. I note my hon. Friend’s point about the appointment of judicial panel members for the commission, particularly in respect of the inquisitorial proceedings. I suspect that we may return to that when the Bill is in Committee.”
“She shakes her head, but she is saying— [ Interruption. ] Well, the past and what happened or did not happen in Ireland is a matter for the Irish state to deal with, but I hope the hon. Member would welcome the commitments that have been given to co-operate to the fullest possible extent with the new Legacy Commission, which is not the case in relation to the current commission established by the legacy Act, for reasons of which she and the whole House will be well aware. Whatever happened in the past, the most important thing is that we enable families who are still waiting for answers to get access to all the information that is available now. That is what the Irish Government are committed to.”
“I do agree with the hon. Member. From the contact that I have had with the security services since I took up this post, I know that the commitment, dedication, passion, ingenuity and determination to protect people today is quite something to behold. Some judgments are complex—there is no doubt about that—but it is also important that we learn from the past and what did not go right. Anyone who looks at the final Kenova report and sees what it reveals about what went on in some cases will recognise the importance of learning from the past. That is why the legislation that Governments have passed since has been so important: that legislation recognised the complexity, but reached the conclusion that we have to have a legal framework that governs it, with independent oversight.”
“I have said to the House a number of times before that we are not going to be able to deal with legacy by a series of public inquiry after public inquiry. We need to establish the commission on the basis that it can do the job for everyone.”
“I say to the hon. Gentleman that we have the commission, established by the last Government in the legacy Act, which has the capacity to investigate all cases that are referred to it. When I came into office, I took the decision that we would retain but reform the commission, as opposed to abolishing it and starting again, as I was urged to do by some people in Northern Ireland. I think it was the right decision to take, not least because 100 investigations are currently taking place. However, we have to ensure that it is established and reformed in a way that gives all families confidence, and I would say that we are trying to achieve one mechanism to deal with finding answers to those questions.”
“Gentleman that what we need to focus on now, because clearly there are things in the past that cannot be undone, is to learn from what we have learned—today’s report about what went on in all sorts of respects is an extremely important contribution to that—but also to make sure, as I have said a number of times, that families get the answers they are still waiting for. Kenova did a lot to do that for the families with whom it worked, but lots of other families still do not know. That is why we must have a commission that works for everyone.”
“I say to the right hon. Gentleman that I certainly intend to hold the Irish Government to account for the commitments they gave in the framework that I announced jointly with the Tánaiste in September. Of course, there was always an alternative to what went on—always—and Northern Ireland eventually got there through the Good Friday agreement and the peace that has been revealed and sustained since 1998. It is for each individual to decide how they deal with that. I say to the right hon.”
“I think it is very important that we take a balanced view, and that we acknowledge successes, bravery and determination—we saw that in abundance during the troubles—but where things happened that should not have happened, we need to acknowledge them, because how can we make progress now and in the future if we do not learn the lessons of the past?”
“I, like I am sure all Members of the House, long for the day when the bodies of Columba McVeigh, Robert Nairac, Seamus Maguire and Joe Lynskey are finally recovered, so all of the disappeared can rest where they should rest, with the knowledge of their families, so they can have some peace.”
“I think this is the final question, so I will just share with the House that, about three and a half or four weeks ago, I went to Bragan bog with the two brothers and the sister of Columba McVeigh. He was 19 years of age when he was murdered by the Provisional IRA, and information suggests that his remains lie in that bog. It is a desolate place, and the search for his body has been going on for a very long time. The Independent Commission for the Location of Victims’ Remains has done such an important job in helping to bring back the remains of people who were murdered in such circumstances, so they could be laid to rest with their families present.”
“I simply say to the hon. Gentleman, who raises a very important point, that we as a House are clear that there was always—always—an alternative to violence: it was not justified; it was never justified. When we look at the number of people on all sides who were killed in the troubles, we know the grief, the pain and the suffering that was caused. However, we also need to recognise that there was a process that led to the ceasefires and political power sharing, which has resulted in peace and stability in Northern Ireland ever since the signing of the Good Friday agreement. That is the most important thing we should hold on to while, as I have said, learning the lessons from the past and providing answers to the families who remain to find them.”
“However, that does not mean that the family mentioned by the hon. Member for Strangford cannot still seek to get answers. That is what the commission is for: that is work it is undertaking currently and that it will do in the future, under the new arrangements that I hope the House will agree to put in place. We should leave no stone unturned in trying to give families what they have been looking for for such a long time, and I wish that for the family he mentioned.”
“The hon. Member for Strangford (Jim Shannon) always makes his contribution on matters such as finding answers for the families with real force and compassion. As he will be aware, Operation Kenova submitted a number of files to the Public Prosecution Service for Northern Ireland. In only one case has a prosecution been taken forward, and I referred to that in my reply to the right hon. Member for Belfast East. In other cases, the PPS decided there was not a basis for a prosecution. That is of course frustrating, but the independence of our prosecutorial system is an absolutely essential safeguard for all of us. It has to make a judgment that the two tests, of whether there is a reasonable prospect of a conviction and whether it is in the public interest to prosecute, are met.”
“I have met a range of businesses and representative bodies, including the Federation of Small Businesses and the Northern Ireland Business Brexit Working Group, to discuss supply chains and how the Government could improve guidance and support on the Windsor framework. I will continue to take that feedback into account as we respond to recommendations made by Lord Murphy in his report.”
“I join the hon. Gentleman in drawing attention to the wonderful zero emission buses being produced at Wrightbus, which I have had the pleasure of visiting two or three times. They are brilliant, one sees them on the streets in the rest of the United Kingdom and there is a very good reason to buy UK-made buses from Northern Ireland so that we can see more people travelling on them. That is an option that is open to local authorities.”
“I continue to give careful consideration to what Lord Murphy has said, along with what has been said by the independent monitoring panel and the FSB and other recommendations. There is a lot of similarity in the points that have been made about steps the Government could take to provide better, easier-to-access guidance for businesses to enable them to move goods from Great Britain to Northern Ireland. We will set that all out when we formally respond to Lord Murphy’s review, which we must do early next year.”
“There are now 15,000 businesses that have registered under the UK internal market scheme, and 97% of lorries moving from GB to Northern Ireland do not face any in-person checks at all. The goods are flowing and moving. It is, in the end, for businesses to decide to whom they sell and from where they purchase, but the Northern Ireland economy is doing extremely well, which shows that the problems—and there are some—are not affecting its overall strength.”
“The 2023 legacy Act was rejected by all the major Northern Ireland political parties, as well as by our domestic courts, by victims and survivors and by many veterans, who saw it as an affront to the rule of law that they sought to protect. The Government took a significant step in fulfilling our commitment to repeal and replace the Act by introducing the Northern Ireland Troubles Bill, which received its Second Reading yesterday.”
“Those protections have been drawn up following extensive consultation with veterans organisations, and I gave the House a commitment yesterday evening that I will continue to talk to veterans, the Royal British Legion, the veterans commissions and others to make sure that we get them right.”
“The whole House will once again want to express its sympathy to all the families affected by that terrible bombing. The Government and predecessor Governments have raised this issue with the Libyan authorities. Engaging with them is a difficult process, and there are complications to do with the way in which their assets are held. The Foreign, Commonwealth and Development Office is the lead on this matter, and I will make sure that the appropriate Minister hears the request that my hon. Friend has made.”
“Those protections, including against repeated investigations, are clearly set out in the Bill that the House gave a Second Reading to yesterday. I hope that, as people come to understand that they are there and how they work, they will offer the reassurance that the hon. Gentleman is looking for.”