Troubles Legacy: Legislation

2. What steps he is taking to replace the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

The Northern Ireland Troubles Bill will establish a reformed, human rights-compliant Legacy Commission to carry out investigations and provide answers on behalf of families who have waited too long, enable information sharing by the Irish authorities and provide, in law, safeguards for our veterans.

We were promised a substantial package of amendments and that the Bill would return to the House early in the Session. Is the delay occasioned by a pause for thought following the personal statement of the hon. Member for Birmingham Selly Oak (Al Carns) to the House? I certainly hope so.

The right hon. Gentleman will have noticed that the new Defence Secretary, who himself served in Northern Ireland, said on Monday: “This Government are absolutely committed to the troubles Bill”. —[Official Report, 6 July 2026; Vol. 789, c. 15.] The right hon. Gentleman will not have to wait too much longer—[Interruption]—to see the substantial package of amendments to which he refers.

Members are shouting from the Opposition Benches that people have been waiting nine months, but there are victims who have been waiting decades for this issue to be resolved. Will the Secretary of State bring the Bill forward as quickly as possible, thinking about the victims first, never mind personal statements by anybody in this House? Our strong military lobby does not seem to care about the innocent victims who have been left behind in Northern Ireland.

My hon. Friend makes an important point about this piece of legislation. As we know, the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 did not command support across all communities in Northern Ireland. How can we hope to proceed if that is the case? That is why the Government are committed to reforming, repealing and replacing the legacy Act—that is what is in the Bill. I hope that when people see the full picture they will realise that it is fair, balanced, proportionate and reasonable, and that it seeks to command the confidence of all communities in Northern Ireland.

I call the shadow Secretary of State.

If the Northern Ireland Troubles Bill was any of those things, why did the former Armed Forces Minister, when he resigned last month, say that it remains “remains unfit for purpose. It risks failing the very veterans it claims to protect”? Why does the Secretary of State think that the hon. Member for Birmingham Selly Oak (Al Carns) said that?

My hon. Friend the Member for Birmingham Selly Oak (Al Carns) will have to answer that question, but, with respect, I disagree with him. He worked on the package of amendments during his time as a Defence Minister. In the end, we have to strike a balance, as the hon. Member for Brentwood and Ongar (Alex Burghart) is well aware. When people see those amendments, they will realise that they are fair and reasonable with regard to the protection of our veterans. Crucially, they will put into legislation for the first time protections that were not in the Act passed in 2023.

It is clear from the Secretary of State’s answer that the former Armed Forces Minister quit because he could see that the Bill remains unfit for purpose and fails to protect the very veterans that it claims to protect. The Secretary of State must realise that there is no cross-party support in Northern Ireland for his legislation, and nor is there support in the Labour party for his legislation. Will he now accept that the Bill should not progress and that we should return to the legislation that the Conservatives brought forward?

I do not accept that, because all the Northern Ireland political parties were opposed to the immunity that was at the heart of the 2023 legacy Act. It had no support from political parties in Northern Ireland or from victims and survivors’ organisations. That is why these changes have to be made, and that is why the Government will proceed with this Bill.

I call the Liberal Democrat spokesperson.

Back in March, the right hon. Member for Makerfield (Andy Burnham) travelled to Belfast to address the Alliance party conference. In his speech, he warned that “it is too easy for the powers-that-be to write their own rules and cover up”. He was talking about the need for a Hillsborough law, which he said at the time “is currently stalled in Parliament due to an unacceptably wide carve-out for the security services.” We on the Liberal Democrat Benches are deeply concerned that exactly that issue now confronts veterans, who, under this Government’s draft troubles Bill, are exposed to investigation and prosecution while the state that gave the orders shelters behind similar carve-outs. Will the Secretary of State confirm whether he will support the Lib Dem amendment to the Bill requiring that any decision to block disclosure on national security grounds is referred to the Intelligence and Security Committee to ensure proper parliamentary scrutiny?

We will come to debate that amendment, along with all the other amendments that hon. and right hon. Members have tabled, when we get to the Committee stage. The judgment in the Thompson case was absolutely clear—it was also referred to by the Dillon judgment—that the ultimate responsibility for protecting national security rests with the Government. That is a long-established principle that has support on both sides of the House. At the same time, I have made it clear that I wish to see the maximum possible disclosure, consistent with that requirement that falls on Ministers.

The Secretary of State will know that, given the legacy of our past, two Governments are involved. Was he concerned, as we were, that Sir Declan Morgan shared with the Northern Ireland Affairs Committee two weeks ago his concern that he will not have access to unredacted intelligence material from the Irish Government? There is nothing in the Government’s draft legislation or the amendments due to come before this House that would change that around. Is the Secretary of State further concerned that the chief operating officer of the Northern Ireland Office said that day that she would take that point back—to whom we do not know, because she is the chief operating officer—but today has written to the Northern Ireland Affairs Committee to confirm that nothing in the Secretary of State’s amendments or the Irish Government’s legislation would satisfy Sir Declan’s requirement for access to unredacted material from the Irish?

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. The right hon. Gentleman is referring to the position today in the light of the Dillon judgment, and I happen to agree with him. Now that the Dillon judgment has made it quite clear that the commission, even in its current form, is compliant with the European convention on human rights and capable of carrying out investigations, I hope that we will see co-operation in response to the requests that the Independent Commission for Reconciliation and Information Recovery is making of the Irish Government.

That is an answer to a question, but it is not really the answer to my question. I want to hear from our Secretary of State a full-throated recognition that there is a deficit, that Sir Declan needs access to the unredacted material, and that the Secretary of State will secure agreement from the Irish Government for such a change. Does the right hon. Gentleman not recognise that, as we stand here today in July, no remedial order was put before the Lords by the end of June? That deadline has passed. With no progress before the Irish assume the European presidency, which apparently was another deadline that needed to be met and has passed, and with no summit on 22 July, there is no chance that the Secretary of State’s troubles Bill will become law in 2026.

The right hon. Gentleman makes a powerful argument for why the troubles Bill should be passed, because it will enable precisely the information sharing with the Irish authorities that he and I want to see, and that all the people in Northern Ireland who are still waiting for answers would like to receive. That is one of the central arguments for proceeding with the Bill.