Jim Allister

On the first Sunday of this year, I stood with the families of the innocent victims of the Kingsmill massacre as they marked 50 years since that horrendous event. It would have been fitting if the Secretary of State had been there —he was not. Last Sunday there was another commemoration, to mark the equally horrendous sectarian murder of more Protestant workmen at Teebane. The common denominator of victims and families such as those is that they not just feel but know that they are the forgotten ones. They know that they are not the priority of this Government, and they know that it is the country that gives shelter to the murderers of their loved ones that is the priority of this Government. Dress it up as he will, the Secretary of State’s remedial order is motivated by one thing and one thing only: appeasing the Government of the Irish Republic, who want to drag this United Kingdom before the Bar of the European Court of Human Rights. That is what this remedial order is about. This remedial order is not about ceasing to implement laws with which the Government disagree, because those aspects of the legacy Act have already been removed from effectiveness. Just look at paragraph 6.7 of the explanatory memorandum to the remedial order: “Although the provisions declared incompatible with the ECHR by the High Court in Northern Ireland have also been disapplied”— they are gone!— “the Government considers it important to remove all these provisions from the statute book swiftly.” Why? The answer is the one that I have given: to appease the Dublin Government. Indeed, the Secretary of State came pretty close to confirming that when he said in this House this afternoon that if and when the remedial order goes through, it is his view that there would be no basis upon which to continue the Republic of Ireland’s action. That is the problem. We have a Secretary of State who is genuflecting to the Dublin Government. That is the feeling of innocent victims in our country. They are forgotten, but worse than that, they are way down the queue when it comes to a Government that are interested primarily in facilitating those who give shelter to their killers. There is no legal justification for this. It is quite clear under section 10 of the Human Rights Act that there is a live issue before a live case in the Supreme Court. It is the issue of whether article 2 of the Windsor framework, which, as I demonstrated in my interventions, was used by the court to require the provisions to be disapplied, was a valid basis for disapplication. That is a live issue, therefore there is no legal justification—quite the reverse—for this remedial order, which drives us to the conclusion that it is for the reason that I have said.