The statement was made in the House of Commons today (4 December)
With permission Madam Deputy Speaker, I would like to make a statement on the legacy of the Troubles in Northern Ireland.
The timing of this statement was chosen so as not to take time away from the Opposition Day debates we have just had while also enabling the Northern Ireland Court of Appeal to be updated today.
Addressing the legacy of the Troubles was one of the aims of the Good Friday Agreement, but this task remains incomplete.
Too many families I have met have had to wait too long to find out what happened to their loved ones. I have found it difficult to listen to their stories about the brutality of the killings, the way some of them were treated afterwards and the passing of the years without finding answers.
The approach taken to legacy by the last Government was wrong. It was rejected by the Northern Ireland political parties, victims groups, the Irish Government and opposed by the Labour Party when we were in Opposition.
And aspects of the Legacy Act have now been found by the Courts to be incompatible with our obligations under the European Convention on Human Rights. This must be remedied and the Government is committed to repeal and replace the legislation, as set out in our manifesto.
I am today laying a Remedial Order under the Human Rights Act to take the first steps to honour that commitment.
This Order will remedy all of the human rights deficiencies in the Act identified by the Northern Ireland High Court in February in the case of Dillon and Others and one issue from the Court of Appeal judgment in September.
Specifically, the Order will, if adopted by Parliament, remove all provisions from the Act relating to the immunity scheme, which, let it not be forgotten, would have enabled any of those who perpetrated the most appalling terrorist crimes to seek immunity from prosecution from the Independent Commission for Reconciliation and Information Recovery (ICRIR), although as many victim's families recognise, with the passage of time, the prospect of successful prosecutions is increasingly unlikely.
The Order will also enable all civil proceedings that were prohibited by the Legacy Act, including future cases, to proceed. This means that individuals will once again be able to bring Troubles-related cases to the civil courts - a basic right denied them by the Legacy Act.
In addition to laying this Remedial Order, I can also announce today that I will introduce primary legislation when parliamentary time allows.
This legislation will implement our promise to restore inquests, starting with those that were previously halted by the Legacy Act.
It will also, in direct response to the Northern Ireland Court of Appeal's findings, amend the disclosure regime so that it is fair, transparent, and - crucially - allows for the greatest possible disclosure of information following very closely the model for statutory inquiries and other established processes.
We will also ensure that in specific circumstances - namely in cases that are unable to proceed as an inquest - the Independent Commission is able to hold public hearings, take sworn evidence from individuals, and ensure families have effective representation.
And while the courts have found the Commission to be sufficiently independent to conduct Article 2 compliant investigations, the confidence of families in its work is paramount. So we will make further changes to reform and strengthen the Commission's independence, powers and accountability. As part of this work, we will consider provisions previously included in the draft Stormont House Agreement legislation, as well as learning from the experience of Operation Kenova.
The steps I am outlining today seek to correct the mistakes of the previous Government's approach, ensure compliance with the ECHR, and deliver on what this Government has promised - the removal of conditional immunity, the reinstatement of legacy inquests halted by the Act, restoring civil cases and reforming ICRIR, while enabling it to continue working on behalf of the growing number of families who have already sought its help.
The many conversations I have had with interested parties in recent months have been invaluable in the development of this approach.
I will now undertake further discussions on specific measures to be included in primary legislation so that, together with the Remedial Order, the Government fulfils its commitment to repeal and replace the Legacy Act.
This will include: families, victims' and survivors' groups, Northern Ireland parties, civil society and the veterans community, recognising the dedicated service of the vast majority of police officers, members of the armed forces and the security services who did so much to keep the people of Northern Ireland safe during the Troubles. I want to take the opportunity to reassure the House that as a Government we are committed to ensuring that veterans receive the right welfare and, where appropriate, legal support.
I will, of course, also continue to have detailed discussions with the Irish Government, who, as co-guarantors of the Good Friday Agreement, are an essential partner in this process. I hope that the UK and Irish governments will be able to agree a way forward that is underpinned by the principles set out in the Stormont House Agreement.
I am sure that everyone recognises that as time passes and families get older, we need to get on with enabling them to obtain the information, accountability and acknowledgment that they have long sought.
In parallel, Madam Deputy Speaker, the Government also needs to set out its grounds for appeal on elements of the Court of Appeal judgment.
As I have said, the Government will use primary legislation to respond directly to a number of the Court of Appeal's findings on disclosure.
However, the primacy of the Executive in decisions relating to the security of the State is a principle long recognised by the UK Courts, and is a crucial element of our ability to keep people safe. For this reason, we will appeal the Court's specific finding relating to the Secretary of State's power to preclude the disclosure of sensitive information in circumstances where such disclosure would prejudice the national security interests of the United Kingdom.
Furthermore, the Court's findings relating to effective next of kin participation in cases that would otherwise be inquests raise issues that could reach far beyond the scope of the Legacy Act. It is important that the Government seeks legal clarity from the Supreme Court and that is why we have decided that the Government must seek to appeal on this particular issue as well.
The Government will also pursue an appeal in relation to the findings on Article 2 of the Windsor Framework for reasons I set out in my Written Ministerial Statement of the 29 of July.
Madam Deputy Speaker, I would like to say as clearly as possible that these decisions on appeal are to address wider concerns and their potential impact far beyond the Legacy Act and Northern Ireland.
They will not slow down our efforts to seek agreement and bring forward legacy legislation, so that ICRIR, which has begun its work, can demonstrate its capacity to assist victims and families.
Finally, Madam Deputy Speaker, what is all this for?
It is to ensure that families who lost loved ones - families who, above all, should be in our hearts and our minds and today - finally to learn what happened.
Nothing will ever ease the pain that they endure to this day, but we must hope that society in Northern Ireland - which has come on such a long way since 1998 - can begin to heal the terrible wounds of the past and look to a better future.
I commend this statement to the House.
