Gavin Robinson

On a point of agreement and positivity, may I thank the Leader of the House and the usual channels for agreeing that this motion should have three hours of debate? Had it arrested at 90 minutes, no Northern Ireland voice would have been heard in this debate at all, which would be shameful. Thank you for the indication that you will bring in a time limit, Madam Deputy Speaker. I do not intend to take advantage of my opportunity to speak without a time limit, because I will not be discourteous to Northern Ireland colleagues or any others who wish to participate. The Secretary of State knows my position on this matter. I believe that he is bringing in this remedial order wrongly, and he is attaching a level of undue haste to these issues. I said to him on 17 December in this Chamber that, given that he knows that issues are still before the Supreme Court, he should at least wait. Although he has abandoned the appeal, the Northern Ireland Veterans Movement has not. This Government have tried to indicate their support for and understanding of the concerns of veterans—the previous speaker made a valiant effort—yet we have veterans waiting on the challenge that they lodged in the Supreme Court, and the Government cannot wait until these issues have been determined. I say again to the Secretary of State that remedial orders are there to deal with an incompatibility with human rights law, not his policy objectives, yet that is exactly what I believe he is doing in this regard. If I am wrong, surely it is incumbent on him to use this mechanism to deal with all the incompatibilities that were highlighted by the courts. The High Court in Belfast highlighted a number, yet he left one out. The Court of Appeal added three more, yet he only added one to this remedial order. The Joint Committee on Human Rights has indicated that the remedial order should be approved, but has offered absolutely no view whatsoever on the issues that have been left out of the order. But I am going to raise them. Civil cases were mentioned earlier. The Secretary of State has not explained why the High Court in Belfast and the Court of Appeal were in two fundamentally different places on civil cases, nor did he take the opportunity to pursue that differential and get a determined outcome in the Supreme Court. He has not indicated why he believes the High Court in Belfast thought that retrospective application was wrong and yet the Court of Appeal allowed civil cases to be lodged indefinitely and in perpetuity. When I intervened on him, he posed a question to me about the principle of bringing civil cases. I agree with that principle, but it is not uncommon for the law to understand limitations, including through our limitations legislation. We need to understand that it is part of the sovereignty of this Parliament to be able to say, “Enough is enough. Time has moved on. You have exhausted your opportunity for a claim.” We know, as do veterans, the security services and the PSNI, about the unlimited quest through legal aid and lawfare to rewrite the past—to rewrite the history of Northern Ireland and to turn that which was bad into good—and we will always speak out against that. The Secretary of State has chosen to leave the interim custody order issue out of his remedial order and attempt to deal with that issue in the troubles Bill, but clauses 89 and 90 of that Bill will not deal with Gerry Adams. Lord Kerr’s judgment—probably his final judgment before he retired from the Supreme Court and before his sad demise—indicates that that which the Secretary of State intends to introduce through clause 89 does not stand legally. Clause 90 deals with convictions that were quashed and remain quashed, but for which there can be no compensation. It is silent on whether Gerry Adams would be able to obtain compensation, not for the quashed conviction, but from the fact that he was detained without trial under an interim custody order in the first place. The Secretary of State has been deficient in what he has provided this House with. He has not chosen to deal with the incompatibility through this remedial order, nor do I believe he has dealt with it sufficiently through the path he has taken on primary legislation. Returning to the issue of civil cases, the Secretary of State lectures Northern Ireland continually about living within our budget—within our means—but he is expanding the scope of legacy investigations and the legacy commission exponentially through this remedial order and the Northern Ireland Troubles Bill. Has he suggested for one moment that he is going to increase the budget available to the legacy commission? No. It has been given £250 million over five years. Almost £100 million has already been spent. Is he going to pick up the tab for this raft of work that is going to befall us in Northern Ireland? No. The decisions being made in this Chamber now, and those that will be made in future regarding the troubles Bill, have a material impact on our ability to move on to the future rather than deal with the past, yet I hear no concern for that. I see that 800-odd civil claims will now be accompanied by an additional 200 claims. Who is to pick up the bill, Secretary of State? If it is the people of Northern Ireland—the people who were troubled for 30 years by terrorists—and the fledgling Executive, who are struggling to make public services deliver for their people because of these issues, then that is something I have a responsibility to raise, and it is something the Secretary of State needs to wrestle with and deal with. Most fundamentally of all, it has been suggested that this process was to provide a quick resolution to an issue raised by the courts. We are now some 18 months on from a manifesto commitment to repeal and replace the legacy Act, yet what do we hear? We hear that this Government are locked in a logjam between the Northern Ireland Office and the Ministry of Defence about the substance of amendments that may or may not be tabled. Two weeks ago, the Government were maintaining the position that the safeguards in the Bill, which they call protections, were sufficient. Only two weeks ago, the Prime Minister accepted with me that those were insufficient and that he was going to have to bring forward amendments. That was shut down by a representative of the Irish Government some two hours later, who said that the Secretary of State has no power to bring forward any amendments unless he attains their agreement. Shame, I say. [Interruption.] It is a matter of fact that that was said by the Minister for Foreign Affairs in Parliament Buildings, Belfast, and the Secretary of State well knows it. We will attest, and we will see the amendments that he brings forward. I seriously and personally regret that we are in a position that we cannot offer our support to this remedial order. I asked the Secretary of State on 17 December to wait, as the hearings concluded in October and the Supreme Court will issue a determination. He would be in a much stronger space to build credibility and confidence on these issues, if he at least allowed the judicial process to conclude, but he chose not to—and with that, he loses our support.