Alex Burghart

Thank you for granting this UQ, Mr Speaker. On a February night in 1992, four men—known terrorists—armed with semi-automatic weapons and a Dushka machine gun capable of firing 600 rounds a minute at a range of 1,100 yards had already attacked a Royal Ulster Constabulary police station and were planning further attacks. These terrorists called themselves an army, they carried weapons of war, they sought to kill, and they operated entirely outside the bounds of the law. Yet we are asked to believe that the use of lethal force against them was not justified. I am not a lawyer, but if this is the state of the law, then the law is an ass, and it is up to Parliament to change it. What if this had not been on the streets of Tyrone? What if it had been on the streets of Birmingham? What if it had been in Parliament Square? Would we be asking why those men had not been arrested? Would we find it acceptable that the courts subsequently sought to punish those forces that had risked their lives for ours? The consequences of this ruling are potentially very severe: military morale weakened, military recruitment reduced, military effectiveness diminished, and more retired servicemen in their declining years dragged before the courts for trying to protect their countrymen from terrorists. For the record, there is no Defence Minister on the Treasury Bench to hear this urgent question. The last Government took steps to ensure that a line was drawn under court actions like the one handed down last week. This Government have said they will repeal that Act, but seven months into their tenure, they have brought forward no plans. When will the House see that legislation? When we do see it, will the Secretary of State ensure that it includes provisions to protect servicemen, such as those affected by the ruling, from prosecution? The Secretary of State will have seen this morning the excellent report by Policy Exchange, which puts the costs of repealing the legacy Act at hundreds of millions of pounds. The return to inquests and civil cases will severely hit the budget of the Police Service of Northern Ireland. Without funding, that will inevitably reduce policing and affect national security. Will His Majesty’s Government commit to underwriting that liability? I will end by saying that if we in this House think the law is not fit for purpose, it is our job, and ours alone, to change it. That is what parliamentary sovereignty means.