Baroness Anderson of Stoke-on-Trent (Lab)

I apologise, and stand corrected on the record. This Government take their human rights obligations extremely seriously, and the provisions therefore need to be repealed. The Government are carefully exploring how to lawfully address this complex issue alongside our clear commitment to implement legacy mechanisms that are fully compliant with human rights. For clarity, although we did not proceed with an appeal on this issue to the Court of Appeal, the Court of Appeal commented on the issue, saying that “it will rarely be permissible in Convention terms” to make the changes “with retrospective effect”, which fed into our decision-making. I will revert to some of the other points associated with this later in my speech. I also recognise that a number of submissions from individuals and organisations say that the draft remedial order could or should do more, and some state that it is entirely the wrong legislative vehicle to use. I reiterate that the JCHR will very shortly publish its report, and the Government will carefully consider any recommendations made, as well as the written submissions, before coming back to Parliament to lay the remedial order for a further 60 days. On the questions from the noble Baroness, Lady O’Loan, on the Dillon appeal, the steps outlined in the Secretary of State’s oral statement make it clear that the Government will respond directly to recent court judgments, including by bringing forward measures to create a fairer and more balanced disclosure regime, fulfilling the Government’s promises to allow inquests previously halted to proceed and to remove the bar on civil proceedings. However, the Court of Appeal’s finding in relation to disclosure and effective next of kin participation raises issues that could reach far beyond the scope of the legacy Act, including on the state’s ability to keep people safe. Our approach to repealing Article 2 of the Windsor Framework’s grounds is framed by the importance of maintaining a clear human rights framework in Northern Ireland and across the UK. The noble Baroness also mentioned the current Brown legal proceedings. She will appreciate that, given their ongoing nature, I cannot comment. Many noble Lords rightly raised the current, pervading issue of the rewriting of history. I have been clear from this Dispatch Box historically, and will continue to be, that I and this Government do not and will not support the rewriting of history. I reassure noble Lords on that matter, and thank the noble Lord, Lord Weir, for being the first Peer to raise it this evening. With regard to the issues pertaining to the Irish Government, as raised by the noble Lords, Lord Browne, Lord Morrow, Lord Empey and Lord Caine, the Government will continue detailed discussions with the Irish Government on a way forward. The Government consider the Irish Government an essential partner in this process. It is important that the UK and Irish Governments seek to agree a way forward that helps provide victims and families with as much information as possible, and to do so in a way that is underpinned by the principles set out in the Stormont House agreement. However, the process of discussion cannot be unending. Time is passing and, as families get older, they must be afforded ways to obtain the information, accountability and acknowledgement that they have long sought. This evening, the Secretary of State was going to come and join us, but he is with the Tánaiste. They have been discussing issues between the two Governments in seeking an approach to addressing the legacy of the past in Northern Ireland in which all communities can have confidence. On the inter-state case raised by noble Lords, of course I hope that one of the consequences of our promised legacy reform will be the withdrawal of that case, although that is a matter for the Irish Government.