Statement
The following Statement was made in the House of Commons on Thursday 14 May.
“With permission, I will make a Statement on the recent Supreme Court judgment in the case of Dillon and others. It is a complex judgment, but I thought it right to come to the House at the first available opportunity to summarise its main findings.
The case was originally brought against the previous Government following the passage of the legacy Act—the Northern Ireland Troubles (Legacy and Reconciliation) Act —in 2023. The applicants, a group of families who lost loved ones during the Troubles, argued that various provisions of the legacy Act undermined rights protected by Article 2 of the Windsor Framework and by the Human Rights Act 1998, which gives effect to the European Convention on Human Rights.
In February 2024, the High Court of Northern Ireland found the conditional immunity scheme and other provisions of the legacy Act to be incompatible with our obligations under Articles 2 and 3 of the European Convention on Human Rights. Those findings were endorsed in September 2024 by the Northern Ireland Court of Appeal. It also made judgments that two additional matters with regard to investigations by the Independent Commission for Reconciliation and Information Recovery—namely, next-of-kin participation in investigations and the role of the Secretary of State in decisions about the disclosure of sensitive information—did not meet the standard required to be compatible with the ECHR.
This Government have been clear that we are opposed to aspects of the legacy Act, including immunity. That scheme, which would have offered immunity to terrorists, had no support in Northern Ireland or from victims and their families. It was wrong in principle and provided no effective protections for veterans, not least because the provisions were never commenced by the previous Government. That is why, when we came into government, we immediately withdrew the appeal on immunity. However, the Court of Appeal’s interpretation of Article 2 of the Windsor Framework and its findings on next-of-kin participation and disclosure had wider implications for the Government’s ability to legislate effectively across the UK and protect national security. It was for those reasons that the Government appealed against that judgment to the Supreme Court. I am pleased to report that last week the Supreme Court upheld our appeal, finding wholly in the Government’s favour.
Article 2 of the Windsor Framework ensures that there is no diminution of rights, safeguards or equality of opportunity in Northern Ireland as a result of the UK leaving the European Union. The Government are firmly committed to those human rights and equalities provisions but felt that Article 2 had been interpreted too broadly by the lower courts. The Supreme Court’s judgment has provided important clarity on this question and confirmed the Government’s long-standing position that the rights protected by Article 2 of the Windsor Framework are those concerned with ending the sectarian conflict in Northern Ireland. While reaffirming the Government’s position on this matter, the Supreme Court found that the relevant provisions of the legacy Act should not have been disapplied by Article 2 of the Windsor framework. The purpose of bringing the appeal was to obtain clarity on how Article 2 should be interpreted in the future, not to defend immunity.
On next-of-kin participation and disclosure of information, the Supreme Court found that the commission is currently capable of conducting investigations that are compliant with our obligations under the European Convention on Human Rights. The Supreme Court also concluded that the provision of legal aid for the cross-examination of witnesses is not always necessary for an investigation to be fully compliant with human rights. However, the Government recognise the importance of next-of-kin involvement in the reformed Legacy Commission’s inquisitorial proceedings, and we are providing for that in the Troubles Bill.
On disclosure, the Supreme Court was unequivocal, saying that
‘there must be a system restricting disclosure in circumstances where disclosure may or would risk prejudicing the national security interests of the United Kingdom’,
but it went on to say that
‘the Secretary of State does not have an unrestrained power to ‘veto’ the disclosure of information’
and that
‘any decision to do so is subject to challenge by way of judicial review’.
This Government are committed to ensuring the maximum possible disclosure of information while protecting life and national security, hence the changes I am bringing forward in the Troubles Bill to create a fairer disclosure regime with greater transparency in how decisions are made.
I turn to what this means for the question of immunity. Contrary to what has been claimed by some, the UK Supreme Court has not endorsed the immunity scheme—it remains incompatible with our human rights obligations. It is also important to dispel the suggestion that the Government do not have the power to make the remedial order. As I have previously made clear, the conditions for laying a remedial order under the Human Rights Act are:
‘An appeal brought within that time has been determined or abandoned’.
The Government’s appeal regarding the immunity scheme in the legacy Act had already been abandoned. The Supreme Court recognised that, and therefore that was not an issue before it, but it did state very clearly that no exceptions in case law exist to justify the granting of immunity for breaches of Articles 2 and 3 of the ECHR.
Finally, I want to make clear why, although we welcome the Supreme Court’s determination of certain aspects of the legacy Act, we cannot leave the statute book as it is. The central underpinning of the legacy Act, which was the immunity scheme, was wrong and has failed, so we need a new system. The Troubles Bill is essential for a number of reasons. First, while we know that the commission is capable of doing investigations, it has not delivered so far and it must be reformed. The Bill will implement various changes to address these matters, including reformed governance and enhanced investigatory functions.
Secondly, we need the Bill to avoid endless legal disputes in future; for example, the clauses on interim custody orders will put beyond doubt that the Carltona principle applied in the context of those orders. The Bill will also ensure that all Troubles-related cases can be investigated, one way or another.
Thirdly, there is the issue of Irish co-operation. Currently, no information is being shared by the Irish authorities with the commission; the Bill will enable that to happen for the first time, helping to find answers for the relatives of those who were murdered, including service personnel who served our country.
Fourthly, the Bill will enable information to be provided to families through the new Independent Commission for Reconciliation and Information Recovery. Fifthly, we need new and effective safeguards for our veterans and other former service personnel. Crucially, the legacy Act did not provide those protections, and we have developed them for veterans and others who served. As I have made clear, we will be bringing forward more provisions in Committee in response to veterans’ concerns. Simply returning to the legacy Act would leave veterans without immunity or any protections whatever.
I am grateful to the Supreme Court for its careful consideration of these matters, and I welcome its judgment. I hope that the combination of this ruling and legislative progress on the Troubles Bill will mean that all communities affected in Northern Ireland and the rest of the United Kingdom can have confidence that a reformed legacy commission will be able, where possible, to provide answers to those who have waited far too long to find out what happened to their loved ones. I commend this Statement to the House”.
My Lords, I am grateful to the Minister for making herself available today to take this Statement and answer questions on the important Supreme Court judgment; I appreciate that she has a very busy portfolio, so I am grateful.
Can the Minister tell the House what the urgency was that required the Secretary of State to make his Statement in the other place last Thursday when many of Northern Ireland’s MPs, along with members of the Northern Ireland Select Committee, were attending the Balmoral agricultural show? One can only speculate as to what would motivate the Government to make a Statement on a day when they would have known that a significant number of interested MPs would be unable to attend.
Turning to the judgment, the Opposition welcome that the court found in favour of the Government in respect of article 2 of the Windsor Framework. I remind the House that this relates to measures introduced by the previous Government, of which I was a member. The appeal in this area is a continuation of the one we lodged following the High Court judgment of February 2024. We were always very clear that the human rights protections in the Windsor Framework were intended to cover those specific to Northern Ireland, as set out in the rights, safeguards and equality of opportunity section of the Belfast agreement 1998. It was never our intention that article 2 of the framework should apply more broadly than that and enable the courts to disapply primary legislation where they believe it engages provisions of EU law that no longer apply in Northern Ireland.
However, as the Statement points out, the judgments in both the High Court and the Court of Appeal had implications for the effective implementation of government legislation on a UK-wide basis, not just in areas of national security as the Statement refers to but also, for example, in tackling illegal migration. We are naturally pleased, therefore, that the position we took has now been vindicated.
Turning to the issue of conditional immunity, I regret that the Statement continues the current Government’s wilful mischaracterisation of what is contained in the 2023 Act. There was never a general immunity—to which I would emphatically have never agreed—but a conditional scheme in relation to specific cases where an individual co-operates fully with the commission, with tough sanctions including revocation, fines and possible prosecution where somebody knowingly sought to mislead or hide the truth. The effects would have been to facilitate information recovery, helping to provide answers to victims and survivors while ensuring that individuals, including veterans, could speak freely without fear of further consequences.
Notwithstanding what it says about ECHR compatibility, which is more nuanced than the Statement implies, the court’s judgment is also clear that the immunity provisions in the 2023 Act do not breach article 2 of the Windsor Framework and therefore do not need to be disapplied. Can the Minister confirm this is the case and that, as the law currently stands, any veteran engaging fully with the commission could apply for conditional immunity and this could be granted? Does it not also follow that the decision by the Government to use the Human Rights Act to remove these provisions is a political choice, rather than a legal requirement, and one that will once again lead to the prospect of investigations and prosecutions? It is a political choice that will not be lost on so many of those who served to keep people safe and secure from terrorism during 30 years of Operation Banner.
The court also ruled that the current commission can carry out investigations to an article 2 and 3 standard and can operate independently of the Secretary of State—not least in part thanks to the amendments passed in your Lordships’ House. Does this not render the sweeping changes in the Government’s own Northern Ireland Troubles Bill, which had its Second Reading in the other place as far back as November and has not yet had its Committee stage, almost completely unnecessary? We all know that the reason for the delay has been an impasse between the Northern Ireland Office and the Ministry of Defence over additional protections for veterans after the ones announced last September were shown to be wholly inadequate, with all but one applying in equal measure to paramilitaries. Can the Minister tell the House whether these new protections have now been agreed and, if so, when they will be published? Have they been backed by the Dublin Government, who have been seen by many as driving this process, over which they have effectively given themselves a veto?
The commission that was established in 2024 has, from a standing start, so far received requests from 290 individuals from all parts of the community. It is conducting 123 live investigations, involving approximately 200 deaths, with its first reports expected imminently. Rather than burdening this House with yet more unnecessary legislation, the Government should get behind the commission and ensure that it has the tools to do its job. Instead, they have made the political choice to embark on a course that will once again leave veterans exposed, facilitate the republican rewrite of history and, regrettably, only delay the provision of answers for so many victims and survivors of the Troubles.
My Lords, I too thank the Minister for dealing with questions following last Thursday’s Statement from the Secretary of State for Northern Ireland. The judgment is undoubtedly a complex one, but we believe it firmly vindicates the many concerns that were raised during the passage of the previous Conservative Government’s Bill in your Lordships’ House, as well as elsewhere, about the immunity provisions contained in the 2023 Act.
From these Benches, we consistently opposed the unacceptable equivalence that the immunity provisions made between terrorists and those who had served the Crown in Northern Ireland. It was this position of equivalence that led to all political parties in Northern Ireland—we should not forget—victims and survivors’ groups, as well as many veterans in Northern Ireland, opposing it. Although those provisions never came into force and were not before the Supreme Court in this case, I know that the Minister is all too aware that there remain many concerns about both the remedial order and the Troubles Bill among veterans’ organisations. The Supreme Court’s ruling makes getting those protections right more urgent, not less.
The court confirmed that the ICRIR’s design is not fatally flawed in principle, but only by deferring key questions to be resolved case by case. That approach creates precisely the uncertainty that veterans fear most of all, particularly given the inherent evidential disadvantage they face. Dillon has not resolved these questions; it has simply postponed them. We believe that that makes it even more important that the protections built into the Troubles Bill are robust and clearly defined from the outset.
Last week, the Secretary of State for Northern Ireland said that protections for veterans
“will be published in advance of Committee”—[Official Report, Commons, 14/5/26; col. 146.]
in the House of Commons. Can the Minister confirm that these provisions to protect our veterans will also be shared with noble Lords, and that our views and concerns will also be taken into consideration? Can the Minister also confirm that these will be real and substantial protections that recognise that there is not, and never should be, equivalence between those who serve our country and those who have committed terrorist atrocities? The judgment clearly has consequences beyond this case alone. Can the Minister say what she believes the wider implications of the Supreme Court’s ruling on article 2 of the Windsor Framework will be for both Northern Ireland and the Government’s ability to legislate going forward?
Finally, does the Minister agree that, in all the heat and fury surrounding these issues, it is vital not to forget the families, victims and survivors, who simply want to know the truth of what happened to their loved ones and to have some prospect of justice? I had the privilege of visiting the Wave Trauma Centre in Belfast recently. Speaking to a small group of victims and survivors was deeply moving. They just want to have hope that, after all these years of waiting, they might have answers and some sense of closure. Does the Minister also agree that it is equally important that this process does not lose sight of the objective of long-term reconciliation, including measures to promote genuine cross-country understanding, such as measures to advance integrated education?
My Lords, I thank both the noble Lord, Lord Caine, and the noble Baroness, Lady Suttie, for their contributions. I will attempt to address their questions and concerns, considering both the time available to us and the complex nature of this judgment, which I am sure that both noble and noble and learned Lords will be taking time to digest. I will also reflect on Hansard and, if I have missed any of the specific questions raised, I will write.
I start with the final comment made by the noble Baroness, Lady Suttie, about the victims. The noble Lord, Lord Caine, advised me when I took on this role that, every time I speak at the Dispatch Box, I should check the anniversary dates. That should remind all of us of the actual consequences of what we are dealing with and why we are doing this work. On 17 May 1973, five British soldiers were killed by the Provisional IRA in Omagh. On 17 May 1974, the Dublin and Monaghan bombings by the UVF occurred, and 33 people were killed. On 15 May 1977, Captain Robert Nairac, known to Members of your Lordships’ House, was disappeared. On 19 May 1981, five British soldiers were killed at Bessbrook by the Provisional IRA. On 18 May 1984, three soldiers were murdered at Enniskillen and two soldiers were murdered at Camlough by the Provisional IRA. On 20 May 1985, four members of the RUC were murdered near Killeen by the IRA. This is within a week in the history of the Troubles.
However, there is always hope: on 22 May 1998, we had the referendum on the Belfast/Good Friday agreement, in which 71.2% of the residents of Northern Ireland voted for peace to take us forward. Everything we do has to be within the spirit of the Belfast/Good Friday agreement and of the Stormont House agreement to take us from where we were to where we are. There are Members on all sides of your Lordships’ House who lived and breathed the reality of the Troubles and, for every murder I have just referenced, dozens of people were hurt and still live with the consequences today. So, as we talk about these issues, people are still grieving every single day and do not have answers. I have been privileged in my role to meet many of the families, victims and veterans’ groups who served and are still dealing with the consequences.
I turn to some of the specific questions. I commend, as my right honourable friend the Secretary of State for Northern Ireland did, the families who brought the case against the legacy Act. They were utterly opposed to the Act and, most notably, to the provision it made for a conditional immunity scheme, which would have offered immunity to terrorists who perpetuated horrific acts of violence against our service personnel, as well as our service personnel—an immunity that has never been put into law. The action they took resulted in the conditional immunity scheme and several other provisions of the legacy Act being found by the High Court, and then again by the Court of Appeal, to be incompatible with our obligations under Articles 2 and 3 of the European Convention on Human Rights. This Government have and are opposed to the immunity scheme. It was wrong in principle and had no support in Northern Ireland, which is why we dropped the appeal on immunity.
On the specific points raised by the noble Lord, Lord Caine, although I am not as noble and learned as my mother had always wished I might be, there was one key paragraph in the finding:
“In our view it cannot be said that the Strasbourg court has established a principle in its case law that there is a reconciliation exception to the general ban on amnesties for grave breaches of fundamental rights or that the question has not come before that court. Absent such a ruling, there is nothing to which the mirror principle can be applied by the United Kingdom courts through incremental development to the circumstances in Northern Ireland”.
As I said, I am definitely not learned, unfortunately, but my understanding, and my briefing, is that that is clear, in legal language, that amnesty would not be found to be legal.
I turn to the remedial order. This point is particularly important to note. I know that some in this House have shared the view that the Government did not have the grounds on which to bring forward the remedial order, which would finally strike the immunity provisions from the statute book. As noble Lords will be well aware, the conditions for laying an RO under the Human Rights Act are that
“an appeal brought within that time has been determined or abandoned”.
The Supreme Court recognised this, and therefore immunity was not an issue before it. However, it stated very clearly that no exemptions in case law exist to justify the granting of immunity for breaches of Articles 2 or 3 of the ECHR. As such, the Government will move forward with the remedial order as soon as parliamentary time allows, and I look forward to discussing the detail of the remedial order with Members of your Lordships’ House at that point, in what I am sure will be an interesting discussion.
I turn to Article 2 of the Windsor Framework. The Supreme Court has provided important clarity on how this should be interpreted and applied in future. It has confirmed the Government’s long-standing position that the rights protected by Article 2 of the Windsor Framework are those concerned with the cessation of the sectarian conflict in Northern Ireland, and that specifically. While reaffirming the Government’s position on this, the Supreme Court found that the relevant provisions of the legacy Act should not have been disapplied by Article 2 of the Windsor Framework. For absolute clarity, this does not equate to endorsement of the immunity scheme, as has been suggested by some.
I turn to the Troubles Bill that is before the other place. As my right honourable friend the Secretary of State for Northern Ireland set out, the Troubles Bill is now the only viable way to generate confidence across communities, enable information sharing by the Irish authorities and put in place the necessary safeguards for our future service personnel. We have been listening to victims, families and our brave veterans and service personnel in developing this legislation. I have met numerous victims and veterans’ groups and have heard first hand of the violence—the Troubles continue to impact their lives today. It is for them we are seeking to act. This is why the Government are committed to progressing this legislation as soon as possible, while balancing that against the need to get this right.
The Government will be tabling a series of amendments to the Bill in due course, which we hope will give all communities confidence in legacy processes and ensure that our veterans are treated fairly and with the respect and dignity they deserve. In answer to the noble Baroness, Lady Suttie, yes, absolutely, I am more than happy to share them with Members of your Lordships’ House. As and when the legislation gets to our end of the building, however, I am convinced that we will be discussing specifically those parts of the legislation for many hours.
One of the other issues, and why we need the legislation to come forward, is tackling interim custody orders. That was not referenced by either the noble Lord or the noble Baroness, but we do need to deal with this issue, and we will do so within the legislation as it comes forward.
The noble Lord, Lord Caine, also touched on immigration. He is absolutely right that there are impacts of this judgment across Whitehall as well as across Northern Ireland departments. It is a very complicated judgment, so we are reflecting on what it means in the round, but the Government were successful in our appeal, so we look forward to moving forward.
On the other issues, I put on record my support for WAVE. It is an extraordinary organisation, and it is not the only one. We work closely with many others across the piece, whether they are smaller groups such as MAPS or SEFF—which is not a small group at all—or WAVE. Noble Lords who have been touched by this issue will be aware that veterans in Northern Ireland require different types of support than other members of the community do. It would it be impossible for a member of the unionist community to access certain services if they did not know who would be there too, and vice versa, so making sure that there is a range of organisations is key, and it is my privilege to get to work with them.
My Lords, we now move on to up to 20 minutes of Back-Bench questions. To get in as many questions as possible from all sides of the House, we need questions, not speeches. The first question will come from the Conservative Benches and we will then go to the Cross Benches.
My Lords, I commend to the Minister the Amnesty Act 1924, which she will know was passed by the Irish Government at the conclusion of the civil war. It was a very useful precedent, and I commend it to the House as a very sensible way forward.
My Lords, the noble Viscount makes an important and interesting intervention, but there are so many people who are still in such pain and who made huge compromises and sacrifices in order to deliver the Belfast/Good Friday agreement. While I appreciate that the concept of amnesty could be appealing, and there are other mechanisms that could be as appealing, there are those, including me, who want to see as many paramilitaries prosecuted as we can.
My Lords, in thanking the Minister for the way she introduced her response to the Statement this afternoon, I link that with thanks to the Secretary of State, Hilary Benn MP, for the way they both engaged with the Joint Committee on Human Rights on the remedial order and the Troubles Bill. Given that scrutiny on those things continues, can she promise us, given that the remedial order was agreed by the committee on the basis of urgency, that it will be expedited and brought forward without any further delay, and that the new amendments, a tranche of which she alluded to in her remarks, will also be brought to the committee to see before it publishes its report on the Bill? Lastly, in the light of Peter May’s recent report raising concerns about the corporate effectiveness and cultural health of the Independent Commission for Reconciliation and Information Recovery, will the Government use the forthcoming Bill to address any of the issues identified in the report, enabling the commission to deliver high-quality Article 2-compliant resolutions?
I thank the noble Lord for his contribution and for his work and interest in this area, both personally and through his committee. On the timing of when the RO comes, the noble Lord will appreciate that that might be above my pay grade. The Chief Whip has now left the Chamber, so I could get myself in a bit of trouble—and I would prefer not to. On amendments, the noble Lord makes a reasonable request; let me speak to the department and the Secretary of State to see what I can facilitate. On the Peter May report, the noble Lord is absolutely right that we have just had an internal review of the workings of ICRIR. The findings of that review were stark and suggest that we absolutely need to bring forward the legislation to strengthen the governance arrangements, so that every community can have confidence in the process and so that the workforce can also have confidence in how the legacy commission operates.
My Lords, I thank my noble friend the Minister for the Statement. One of the families that was part of the Dillon judgment submission was a former constituent of mine, John McEvoy, who was sitting in a pub in Kilcoo, County Down, when his friend was shot dead by loyalist paramilitaries in November 1992. Provisions within the EU withdrawal agreement of 2020 give statutory authority to the Northern Ireland Human Rights Commission and the Equality Commission to act as a dedicated mechanism for the protection of rights under Article 2 of the Windsor Framework. Therefore, will my noble friend the Minister, working with the Secretary of State for Northern Ireland, ensure that this statutory authority given to both commissions is not diluted and is protected and that they have sufficient resources to continue their work in a non-restricted manner?
My noble friend raises yet another heartbreaking case related to the Troubles; every Member of your Lordships’ House who has been touched by the Troubles has their own story and their own heartbreak. On my noble friend’s substantive point, the Government remain fully and unequivocally committed to the protection of human rights and safeguards in Northern Ireland, including our statutory obligations under Article 2 of the Windsor Framework. The Equality Commission for Northern Ireland and the Northern Ireland Human Rights Commission play a vital role in the dedicated mechanism to monitor, advise on and report on these commitments.
While the funding of the Equality Commission for Northern Ireland is a devolved matter, the Northern Ireland Office maintains regular active dialogue with executive colleagues on a wide range of issues impacting rights and governance across Northern Ireland. The UK Government also provided ring- fenced funding of £1.1 million in 2025-26 to enable the ECNI to deliver its dedicated mechanism commitments, with similar levels of annual ring-fenced funding committed to until the end of the current spending review period. I have a much more extensive answer than that for my noble friend, but I will write to her with the details.
Does the Minister agree that the Supreme Court judgment has not affected the intended role of Article 2 of the Windsor Framework as the lodestar of human rights considerations in Northern Ireland? Does she agree that its provisions will still be relevant to the exercise of discretion, for example in the public interest test in decisions concerning prosecutions, alongside considered provisions for veterans? Will she be kind enough to welcome the forthcoming consideration of Article 2 by the House’s Northern Ireland Scrutiny Committee, which contains many very distinguished Northern Ireland politicians and which I have the privilege to chair?
My Lords, that is the easiest question of the day: of course I welcome the noble Lord’s report. I thoroughly enjoy our conversations about the work of his committee, which I argue is one of the more important committees at the moment—but then I would say that. The Government remain committed to Article 2 of the Windsor Framework. The Supreme Court’s judgment has not affected this commitment and has provided important clarity on how Article 2 should be interpreted and applied in future. It has confirmed the Government’s long-standing position that the rights protected by Article 2 of the Windsor Framework are those concerned with the cessation of the sectarian conflict in Northern Ireland. However, given the length and complexity of the judgment, the Government and stakeholders will need the requisite time to digest its content, and I will need many briefings by KCs to understand it. We are happy to continue that conversation with the committee in due course.
My Lords, I warmly welcome the way in which the Minister introduced her remarks by referencing the sacrifices made by members of the security forces, who suffered grievous losses to protect everybody in Northern Ireland. That is often forgotten in the perverted twisting of history that is now going on relentlessly in Northern Ireland and elsewhere. I welcome the ruling of the Supreme Court in seeking to restrict the application of EU law as far as human rights in Northern Ireland are concerned, but she will be aware that the quangos that were mentioned earlier have spent a large amount of money seeking to expand the application of Article 2 in ways that are erroneous and wrong. That has undermined public confidence in those quangos in both communities. That must be central to the Belfast agreement and its application, something that the Government need to be very aware of. Can the Minister confirm that Article 2 still has a direct effect in terms of the application of the law in certain circumstances? Will she elaborate on what those may be?
Finally, if she looks at the legacy legislation, can she confirm what representations her Government have made to the Irish Government—who have had a de facto amnesty for decades against IRA and other terrorists who used their country as a safe haven during the Troubles, and also in relation to refusing to co-operate with the ICRIR—about their continuing case in the international courts against the United Kingdom? The Irish Government refuse to co-operate with the commission; the noble Lord, Lord Caine, has outlined and spoken of this and talked about the need for more resources. The Irish Government refuse to co-operate. Has that been called out by the Government?
I thank my noble friend—I do not think I am meant to say “my noble friend”, but I am going to anyway. His advice and support while we are undertaking this is key, and while we may not be able to agree on every point in the legislation as it comes forward, I am very grateful for the time that he gives me.
The noble Lord asked specific questions about Article 2 of the Windsor Framework. We have always been firmly committed to Article 2 and to the rights, safeguards and equality of opportunity it protects, as set out in the Good Friday agreement. On the specifics that he is asking for, I hope he will indulge me and let me write to him about the detail, but he raised a very important point about the Irish Government. The Government have done a joint framework agreement, which includes unprecedented commitments by the Irish Government. I am aware of the scepticism from certain parties about what the next steps will be. Although the interstate case is a matter for the Irish Government, the Secretary of State will raise it directly with the Minister for Foreign Affairs this week to discuss how it should be going.
My Lords, noble Lords will forgive me as we start again down this road of dealing with the past in Northern Ireland. I feel again the trauma of the bomb which took my unborn baby’s life, and I find it very difficult. We have to think very carefully here. I would like to say that I accept and value the contribution made by the military and all the other security forces in Northern Ireland. My own family served in Northern Ireland during the Troubles. But given the fact that 25,000 to 30,000 paramilitaries were convicted, as opposed to three members of the military who were convicted during the Troubles, and given the fact that one person from the military has been convicted in the 28 years since the Good Friday agreement, is it perhaps time to refocus?
I hear constantly about the veterans, and I know how important it is, but is it not important not to make the victims the afterthought—the last reference in every case? Is it also not important that we look at the things that will enable them to have confidence in the new legacy commission? The noble Lord, Lord Alton, referred to the findings of the May report, which referred to the very significant structural weaknesses as a consequence of the Troubles Act 2023. I hope that the Minister will ensure that those structural weaknesses are removed in the new Troubles Bill. Although she told one noble Lord that the remedial order will be introduced but she cannot say when, can she write to us and tell us when it will happen, and can she tell us when the Troubles Bill will come back to the Commons? These things need to be dealt with.
The noble Baroness demonstrates, as she has previously, the heartbreak and the personal cost that too many Members of your Lordships’ House have faced, and that there is a face behind every one of the statistics and the stories that we read out. There is nothing I can do to fix some of that hurt; I wish there was, but this is our final attempt to do what we can, so that people can access the information and the answers they have waited for, in some cases for over 50 years.
On the specifics that the noble Baroness asked for, she raises an important point. Noble Lords will be aware that I am an honorary captain in the Royal Navy. I consider myself part of the military family—although on the periphery, unlike some of my noble friends, who are at the heart of it—and I also have the privilege of being allowed to wear a uniform, so the veterans’ provisions are incredibly important to me personally. But there is an issue here about the victims; we need to make sure that we are moving forward for them and that they are able to access what we put in as protections—as many protections as we can reasonably do for veterans.
The noble Baroness raised a very interesting point about the number of prosecutions and the number of people previously charged. As regards the current prosecutions that are under way, there are currently 10 live proceedings, six of which are about republican and paramilitary activity, two about loyalist paramilitary activity, one RUC and one military. When you look at those numbers, it is still quite clear that, although some of the narrative is elsewhere, the focus is still on the actions of the paramilitaries, as it should be. That does not mean we should not put the protections in place.
In terms of the specifics, I am not a business manager of this place or the other place, but noble Lords will have heard that the gracious Speech, which we are still discussing, referenced the Troubles Bill, and we will be discussing that in your Lordships’ House in due course.
For clarification, can the Minister tell the House what the current status is of the Independent Commission for the Location of Victims’ Remains: whether it remains funded, whether it is dormant and needs to be provoked into action if there is new information, whether it is properly staffed, and whether it still enjoys the support of the Government in Dublin?
The noble Lord raises an incredibly important point. I myself visited one of the sites earlier this year, where they were looking for one of the disappeared. I have never had that kind of experience before, while I stood on the side of a bog while people were looking for a body. We will continue to fund the commission and we will do everything we can to make sure that the structures exist for the families of the disappeared, including the family of Robert Nairac but also others, until we get answers for all of them.
My Lords, I thank the Minister for the work she has done on this hugely important issue, including in the previous Parliament, when we considered the legacy Bill, as it then was. It was very well-meaning but ultimately was not successful because it did not have sufficient all-party support in Northern Ireland. Can she assure me that, before the Bill comes up the Corridor to this House, she will have talked to all the political parties in Northern Ireland, represented here and in Belfast, and that she can get consensus on that? Unless we get consensus, that will not work either.
My noble friend has just used the word “consensus” in relation to Northern Ireland politicians. With the best of efforts—looking at the noble Lord, Lord Caine—while I consider myself not to be a bad politician, I am not sure that I have those diplomatic skills that will deliver for everybody. I say that as someone who just called the noble Lord “my noble friend”.
Having said that, we are working cross-party with all key parties. The noble Lord is absolutely right. There is one part of our politics that genuinely should not be party-political in a GB sense: the politics of Northern Ireland and making sure that peace is sustainable in Northern Ireland and that we are doing what we can collectively and taking the responsibility of being the main political parties in the United Kingdom to deliver for the people of NI as we do for every other corner of the country. Noble Lords will appreciate that there are always challenges in this space, but I will try to be as charming as possible to deliver what I can in getting a level of support, as my honourable friend in the other place, the Secretary of State, is doing too.
The Minister referred to the interim custody orders, and how the Bill is going to put beyond doubt the validity of interim custody orders, and the reappraisal and reconfirmation of the Carltona principle. This is a reference to how the first-instance judgment in Dillon was going to allow Gerry Adams and a number of other people to sue for the alleged unlawful detention by the Government. The previous Government was appealing the first-instance decision, but this Government abandoned the appeal. Can the noble Baroness explain why they abandoned the appeal? Does she accept that, had they not abandoned the appeal, they would not now need to legislate to at last put right the status of the interim custody orders?
The noble Lord lived and breathed this during the last piece of legislation: the legacy Act that we are discussing. The appeal was not continued—I have said this from the Dispatch Box before—because it was made very clear to us by the courts that we would not win. Therefore, we needed to come up with an alternative solution. That is what we are seeking to do in the new Bill.
My Lords, I am a simple sailor. Recently, I have spoken to a number of simple soldiers, who may be even simpler. When we joined the military, we felt that there was an agreement that, as long as we acted in good faith, the country would support us.
I understand that this is a highly complex subject. I served in Northern Ireland. I do not know where we have got to in the answers, but can I ask my noble friend the Minister to make absolutely certain that we do honour that contract, because already it is having an impact on recruiting, particularly in the Special Forces? We must look after those people who went out every day to try to look after the safety of people in Northern Ireland—they might have got it wrong occasionally—rather than those who went out every day to damage and injure the people in Northern Ireland.
I thank my noble friend and look forward to discussing the detail of our future amendments and having further conversations in this space with him as the legislation progresses. Like many other Members of your Lordships’ House, I am personally grateful to those people who put on a uniform, today, tomorrow or, in this case, yesterday. They ran towards the Troubles to protect the rest of us and we should be forever grateful to them. That is not to say, as the noble Lord will appreciate, that putting on a uniform protects you if you did do ill.
I would like to put something on the record. One issue that has been raised repeatedly in this space is how the conversations we are having about the Troubles are having an impact on recruitment and retention. Recruitment into our Armed Forces is up by 13% and outflow is down by 8%. I appreciate that people’s concerns are real, but we need to be careful with our language to make sure that we are not talking people out of joining our military at a time when, as all noble Lords will appreciate, we need people to sign up.