Ian Byrne

As we debate this Bill, we must never lose sight of the families whose decades-long fight for truth and justice has brought us here: mothers who have waited 50 years to understand why their children were killed; siblings told to move on; widows denied information about their husbands’ deaths; and children who grew up without a parent and still await answers. For many, the question is not simply whether the state failed to protect their loved ones but whether parts of it were involved in, enabled or concealed what happened. Allegations of state collusion have hung over these cases for decades. Families have been left wondering whether the institutions they turned to for answers were themselves implicated. They were promised that this legislation would begin to repair the damage caused by the legacy Act, but that promise will ring hollow if the state continues to control how much families are allowed to know. The Government published substantial amendments shortly before the Committee stage. These significant changes will have serious consequences for bereaved families, yet Members have had too little time to scrutinise them properly. One concern is the proposed requirement for consent before prosecutions for the most serious troubles-related offences can proceed. In Northern Ireland, that consent would rest with the Advocate General, a role held by the Attorney General for England and Wales. The independent Public Prosecution Service for Northern Ireland already applies tests of evidence and public interest. Under this proposal, even where those tests were met, a Government Law Officer could withhold consent. I agree with Amnesty International UK that Ministers must explain why this additional power is necessary and how it will command families’ confidence. Where the state itself is under investigation, including allegations of collusion, concealment or misuse of public power, families will understandably question why a Government member should have the final say. Whatever the Government’s intentions, the risk of further undermining confidence is clear. We must also remember the Dillon litigation. The courts in Northern Ireland found the legacy Act’s immunity provisions incompatible with articles 2 and 3 of the European convention on human rights. Those declarations were not appealed and remain in force. The Government must ensure that this legislation delivers meaningful accountability and respects their human rights obligations. The protections underpinning the Good Friday agreement must be upheld. As a Labour Government, we have a particular responsibility to protect that achievement and never, ever undermine it. Nor do the concerns end with prosecutions. Families have raised questions about the Secretary of State’s control over sensitive information, restriction notices that may exclude them from proceedings and the independence of appointments to the judicial panel. These are fundamental issues: who controls the evidence, who can see it, and whether families can trust the process. They are especially pressing where families believe that state agencies failed to act, withheld information or colluded with those responsible for violence. The state cannot determine for itself which evidence matters, how much is disclosed or how much truth families may hear. That is why I have tabled new clause 56. It would require the Secretary of State to make regulations applying the duty of candour and assistance created by the Public Office (Accountability) Bill, known as the Hillsborough law, to inquisitorial proceedings under part 4 of this Bill. Those regulations would require approval by both Houses. The principle is straightforward: public authorities and officials must be legally required to assist proceedings established to discover what happened. They must be open and honest, provide relevant evidence and actively help to establish the facts.