Hilary Benn MP: speeches 2025
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Speeches
- 3 Nov 2025 · “Soldier F” Trial Verdict · Hansard source
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I apologise if I have got this wrong, but I do not remember using the word “equivalence”. What I said was that independent prosecutors would make decisions on the basis of the evidence that they had before them. The current legacy commission is able to refer cases for potential prosecution, and the new legacy commission will be able to do the same. If there is evidence that will allow paramilitaries to be prosecuted, it will be for the prosecutors to decide whether to bring a case, and if the right hon. Gentleman cares to look at the convictions that there have been since the Good Friday agreement, he will find that most of them have related to paramilitaries. As I said a moment ago, most of the trials that are currently being awaited relate not to the armed forces but to paramilitaries.
- 3 Nov 2025 · “Soldier F” Trial Verdict · Hansard source
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I am grateful to the hon. Member for referring to the Saville inquiry. That long-running inquiry finally brought some truth and justice, in the eyes of families of the 13 people shot dead, and led the former Prime Minister to make his apology. The hon. Member is right when he says that, given the passage of time, it is “vanishingly difficult”—I think that was the phrase he used—to obtain convictions. Most of the families—not all—whom I have met and who lost loved ones recognise that fact. However, he also has to acknowledge that the legacy Act, with its offer of immunity—
- 3 Nov 2025 · “Soldier F” Trial Verdict · Hansard source
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Having promised the House in two statements since the Government were elected in July 2024 that I would bring forward proposals, I did so when the Government published the Bill on 14 October. Since then, I have met political parties and organisations representing victims and survivors, and this week I will again meet the victims and survivors forum that I met on the day that the agreement with the Irish Government was published. As I acknowledged to the House when I made my oral statement, no proposals put forward will be greeted with approval by everyone, but I have been much struck by the fact that those I have met and talked to have said, “Well, we will need to consider the detail.” I believe that the proposals provide a basis for moving forward, and I hope that the House will recognise that.
- 3 Nov 2025 · “Soldier F” Trial Verdict · Hansard source
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I would cite to the right hon. Gentleman the case of Mr John Downey, to whom I have referred in the House before. He received one of those letters, and as a result his trial for the Hyde Park bombings was halted by the judge, but the public record will show that Mr Downey is currently awaiting trial for two murders committed during the troubles, in which case the letter that he received cannot—I repeat, cannot—be said to have granted him immunity from prosecution.
- 3 Nov 2025 · “Soldier F” Trial Verdict · Hansard source
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It is a fundamental principle of our legal system that we accept the verdicts of the courts, even if we may not agree with them. The hon. and learned Gentleman is a distinguished lawyer, and he expresses his views regarding the basis of that prosecution. The only point that I am making is that that decision is made by independent prosecutors, not by any of us.
- 3 Nov 2025 · “Soldier F” Trial Verdict · Hansard source
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The hon. Member raises an important point. It is, however, very important to distinguish, as I know she will, between potential criminal prosecutions, which are the result of decisions of independent prosecutors, and civil cases. One of the other things that the courts found was that the ban on civil cases was incompatible with our human rights obligations. I point out that there has already been a civil case in relation to a paramilitary, which found against that individual, and it is a fundamental feature of our system that people are able to bring civil cases. Decisions about how those cases are disposed of is rightly a matter for the courts.
- 3 Nov 2025 · “Soldier F” Trial Verdict · Hansard source
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The protections were put in place for veterans after consulting veterans, and they are not unimportant: the ability to stay at home and give evidence; the protection from repeated investigations; and the right to seek immunity in a hearing of the commission—people already have the right to seek that in a coroner’s court. [ Official Report , 4 November 2025; Vol. 774, c. 10WC.] (Correction) There are, of course, two other protections: the protection from cold calling and the right to be heard through the statutory advisory group that will be established, working alongside the commission, which will have representation from a member of the armed forces or a police force. Those are very practical changes that we have made, which, as I said earlier, are not contained in the current legacy Act.
- 3 Nov 2025 · “Soldier F” Trial Verdict · Hansard source
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All those families, including military families, are at the centre of what we seek to do. What are the Government trying to achieve? We are trying to create a legacy system that more people in Northern Ireland can have confidence in. The last legacy Act failed to command sufficient confidence from the people in Northern Ireland; that is a fact that no one can dispute. I agree with my hon. Friend that prosecutions are increasingly unlikely with the passage of time—I think the judgment and the judge’s summing up in the case of Soldier F made that extremely clear—but even where they are not possible, we want to put in place arrangements, and to be able to provide information about what happened to the families.
- 3 Nov 2025 · “Soldier F” Trial Verdict · Hansard source
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As I say, the legacy Act’s offer of immunity in return for statements that the legacy commission regarded as truthful and credible could have given immunity to terrorists. That is why the immunity that the last Government sought to put in place was rejected by victims’ and survivors’ groups in Northern Ireland, was opposed by all the political parties in Northern Ireland, and was found by the courts to be incompatible with our human rights obligations. Therefore, as I have said to the House before, and I have said to the hon. Member for Brentwood and Ongar (Alex Burghart), the Act was no basis on which to try to help those families find the answers that they are looking for. That is why we need a different approach—building on the establishment of the legacy commission, I grant him, because I took the decision that we would not abolish it but reform it. That is what the Bill that we will debate shortly seeks to do, and I look forward to it being scrutinised by the House.
- 3 Nov 2025 · “Soldier F” Trial Verdict · Hansard source
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The legacy Act offered a false promise of immunity. It was found to be incompatible with our obligations, and it had no support in Northern Ireland. At some point, Opposition Members must recognise that it had no support there. How can Northern Ireland move forward if the basis of the last Government’s legislation lacks that support? In those circumstances, it is for prosecutors to make decisions, and we need to respect that. People may agree or disagree, but we need to respect a system in which prosecution decisions are made independently, because there are other countries in the world where that is not the case.
- 3 Nov 2025 · “Soldier F” Trial Verdict · Hansard source
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I share my hon. Friend’s concern about what happened as a result of the legacy Act, but I welcome that two of the cases she mentioned—the M62 coach bombing and Warrenpoint—are currently being investigated by the Independent Commission for Reconciliation and Information Recovery, because members of their families have chosen to refer in those cases. I want more families to have more confidence in the commission, which is why I am seeking to reform it so that they too feel able to refer their cases in.
- 15 Oct 2025 · Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 · Hansard source
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The clauses that would implement the protections in relation to veterans and others are clauses 30, 31, 36, 51, 54, 56, 69 and 84.
- 15 Oct 2025 · Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 · Hansard source
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The provisions that apply exclusively and only to service personnel are: first, the arrangements to prevent cold calling—a protocol will be agreed with the commission in relation to that—and secondly, not being required to rehearse the history when the Ministry of Defence would be perfectly capable of providing that information. The hon. and learned Gentleman, being a distinguished lawyer, will know that, in respect to other arrangements for witnesses, the law requires that they are available to all witnesses.
- 15 Oct 2025 · Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 · Hansard source
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There certainly will, because with the commission as it is now and with the commission as it will be reformed by the troubles Bill, any incident relating to the troubles anywhere in the United Kingdom can be referred into the commission. The M62 coach bombing, the Kingsmill massacre and the Warrenpoint massacre are all currently the subject of investigation by the commission.
- 15 Oct 2025 · Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 · Hansard source
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It certainly does make it more important, because it is a piece of legislation that has not worked and did not command support in Northern Ireland. If legislation is passed in this House that does not command support in Northern Ireland, how on earth can we expect the answers that families are seeking, which the right hon. Member for Skipton and Ripon (Sir Julian Smith) referred to a moment ago, to be provided? We have a responsibility to give more people in Northern Ireland confidence in the new arrangement so that they will come forward to get the answers they have been seeking.
- 15 Oct 2025 · Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 · Hansard source
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The right hon. Gentleman invites me to speculate on amendments that I have not yet seen. As I indicated to the House yesterday, I want to work in as collegiate a way as possible in trying to take the legislation through. In respect to the first part of his question, however, I would say that the only reason the protections and clauses I just read out are in the Bill is because of the Government’s determination to treat our veterans fairly.
- 15 Oct 2025 · Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 · Hansard source
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The Government are absolutely committed to the European convention on human rights. I very much regret that the current Opposition have moved away from that historic support, which goes right back to Winston Churchill, as the hon. Member has set out. It is highly irresponsible to suggest picking away at one of the essential foundations of the Good Friday agreement.
- 15 Oct 2025 · Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 · Hansard source
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The 2023 legacy Act was rejected by our domestic courts, as well as by victims and survivors across Northern Ireland, not least because it proposed giving immunity from prosecution for the most appalling terrorist crimes. Any incoming Government would have had to fix this mess, and that is what this Government are seeking to do with the Northern Ireland Troubles Bill, which we published yesterday.
- 15 Oct 2025 · Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 · Hansard source
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I know from my discussions with the commission that it is working hard with the 100 or so cases that it is already dealing with to go through that process and start producing reports for families. We know that many families have decided not to engage with the commission because they objected to the legacy Act and, in particular, to the immunity it was proposing to give. That is why we are removing that. I encourage more families to come forward, because I know that the commission and its staff are determined to try to provide the answers that those families seek.
- 15 Oct 2025 · Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 · Hansard source
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That is no doubt an issue that the House will discuss as the Bill is considered in detail. I think that “compelling” and “essential” is a pretty high bar. It will be for the commission to interpret that, but no doubt we will continue to discuss it.
- 15 Oct 2025 · Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 · Hansard source
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On the first issue that the right hon. Gentleman raises, for anyone who was serving a sentence for a troubles-related offence, part of the Good Friday agreement was that they were released after two years. The people of Northern Ireland voted for that by about 70%. It was part of the agreement. On his second point, there were specific issues in the case of Mr Downey, because he had been given a letter that said he was not wanted when in fact he was. That is why that prosecution could not proceed. The right hon. Gentleman’s point is undermined by the fact that Mr Downey—this is a matter of public record—is currently facing prosecution for two counts of murder in 1972. It therefore cannot be the case that any letter he received gave him an amnesty.
- 15 Oct 2025 · Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 · Hansard source
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I have had many such discussions, as I indicated in my statement to the House yesterday, and those have informed the package of veterans protections contained in the Bill, which the Government have set out.
- 15 Oct 2025 · Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 · Hansard source
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The legacy commission has the right to receive all information that it requires to do its job. We are proposing in the legislation to amend the arrangements for disclosure, to require the Secretary of State to conduct a balancing exercise, which was not in the previous Act, and to require the Secretary of State to give reasons, in line with standards that apply across the UK. In addition, any decision of the Secretary of State is open to be judicially reviewed. Those are important changes that I hope will give people in Northern Ireland greater confidence.
- 15 Oct 2025 · Intertrade UK · Hansard source
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Like my hon. Friend, I look forward to seeing the investment strategy published. Northern Ireland has a great opportunity under the Windsor framework because of the dual market access, which no other part of the United Kingdom has. For those looking to invest to trade with both the UK and the European Union, there is no better place to come and do that but Northern Ireland.
- 15 Oct 2025 · Intertrade UK · Hansard source
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As the hon. Gentleman will be aware, a range of organisations, including Intertrade UK, are looking at the impact of the Windsor framework. We have recently had Lord Murphy’s report, for example, which the Government are committed to publishing. The House of Lords Northern Ireland Affairs Committee published a report on the same subject only this morning.
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