Peter Swallow

I felt that it was important that I speak today as a member of the Joint Committee on Human Rights. We had another member of the Committee, the right hon. Member for New Forest West (Sir Desmond Swayne), in the Chamber until recently. When he came over to speak to me just now, I was slightly worried that he was defecting. However, I was assured that he was just letting me know that, unfortunately, he was not able to stay for the rest of the debate. I want to start by acknowledging that there were differences of opinion on this important issue. Nevertheless, the Committee carried out its constitutional role to scrutinise this remedial order, as the Standing Orders of both Houses set out we must. As it was mandated to do, the JCHR has produced two reports on this remedial order, and it has been clear and unambiguous in its recommendation that it be approved by the House. I should emphasise that the focus of the reports was on the remedial order in front of us today, not on the Bill. I, similarly, will focus my remarks squarely on the order. As my right hon. Friend the Secretary of State has set out, this remedial order follows rulings by the High Court of Northern Ireland and the Court of Appeal that declared a number of provisions within the previous Government’s legacy Act to be incompatible with our human rights obligations under the European convention on human rights. The legacy Act prohibited any criminal investigations into troubles-related offences from being initiated or continued. It also prohibited any criminal enforcement action in relation to non-serious troubles-related offences. It ended troubles-related civil claims that began after the legacy Act’s First Reading, and prohibited new ones. It also obliged the Independent Commission for Reconciliation and Information Recovery to give immunity from prosecution where certain conditions were met—and yes, this extended to giving immunity from prosecution to terrorists. The legacy Act was a deeply flawed piece of legislation, a fact that has been reflected in the courts’ rulings on its incompatibilities with our human rights legislation. This order, alongside the Bill, seeks to remedy those incompatibilities.