MPs urge changes to Troubles legislation to prevent immunity for rapists

MP's debated the Troubles Bill in parliament on Wednesday
Author: By Richard Wheeler, Elizabeth Arnold and Ben Hatton, PAPublished 29th Jun 2022

The Government risks defeat unless it amends controversial Troubles legislation to prevent immunity being granted to those responsible for serious sexual offences, MPs have heard.

Proposals before MPs seek to establish a new information retrieval body to review deaths and other harmful conduct within the Troubles - defined as the period from January 1 1966 to April 10 1998.

The Northern Ireland Troubles (Legacy and Reconciliation) Bill will also offer immunity to people who are deemed to have co-operated with the information retrieval body, although criminal prosecutions could still take place.

Concerns have been raised by Conservative and opposition MPs about the current wording of the Bill.

Labour has tabled an amendment to ensure certain offences of sexual violence - including rape - must not be treated as within the scope of immunity from prosecution.

Conservative MP Simon Hoare, Northern Ireland Affairs Committee chairman, told the Commons: "There is a very firm belief that sexual intimidation, sexual violence, rape was used as a tool of intimidation and criminality during the Troubles.

"Just for the sake of clarity and for peace of mind for those who are concerned about this issue, I would hope that this is something that the Government could move on to provide that piece of mind."

Northern Ireland minister Conor Burns replied: "We, I think, will need to find a way to bring greater clarity to this."

Conservative former party leader Sir Iain Duncan Smith added: "Would (he) take away from here a commitment to review this again, come back if necessary at report stage categorically with a way in which this is specific, clear and obvious on the face of the Bill?

Mr Burns replied: "I am absolutely happy to give that explicit undertaking to (him) and to the House today."

Conservative former Northern Ireland Secretary Julian Smith said of Labour's amendment: "My understanding is the Opposition and DUP are planning to press their vote this evening and I am concerned for my colleagues that voting against the exclusion of rape is not a place that they want to be in.

"So could I urge (Mr Burns) and the whips' office before seven o'clock to look at how this amendment is accepted, even if it needs to be amended slightly later on, so that no one from the Conservative Party has to vote against the exclusion of rape in this Bill."

Mr Burns said he had given the commitment to look at the matter, adding: "We will seek to give assurance and comfort to the House that what we're saying about what is in the Bill and the definitions is soundly based, and if we need to look at mechanisms before this House comes to give final assent to the Bill then we will do that.

"I am confident that we can vote for this measure this evening before it leaves this place to go for scrutiny in the Lords, confident that (Mr Smith's) fears are not grounded."

Mr Burns said the Government "may want to say something later on", with Conservative MP Simon Hoare adding: "There's unity in the House, I think, on this issue.

"It may be sensible for the shadow secretary of state (Peter Kyle) ... not to press 115 to a vote this evening but with the absolute caveat that if the Government moves from effectively what the minister has said at the despatch box, come report stage there'll be an amendment down and it will be a free-for-all and the Government will be defeated."

Mr Burns replied: "I hear very carefully what the chairman of the select committee says."

For Labour, shadow Northern Ireland secretary Peter Kyle said his amendment to exclude sexual offences from the scope of immunity provisions in the Bill has precedent and called for the Government to back it or face a vote.

He said if the Government believes the amendment can be improved upon ministers should accept it and amend it further in the Lords.