Sir Julian Lewis: In the limited time available, I shall try to address a few of the basic issues, including those on which I intervened earlier.
It became fairly obvious towards the end of the Secretary of State’s remarks, as a result of questioning from my colleagues on the Opposition Benches, that although there was much in his speech suggesting that he had to do what he is doing today, he is really doing it because he wants to do it. It was in the Government’s manifesto that they were going to repeal the legislation, and he is seizing the chance to strike it down at the first possible opportunity.
Sometimes one gets into a position of almost wondering about the futility of entering into a debate. Forty years ago, I used to debate against the same people again and again over the question of whether Britain should one-sidedly give up its nuclear weapons. I would often put forward an argument that countered something that they had said, they would have no answer to it, and then I would go into the next debate and they would say exactly the same thing over and over again, and I would have to put forward the same argument, and no one was getting anywhere. I feel like that over this point about the supposed equating of service personnel with IRA and other paramilitary terrorists. A few moments ago, the hon. Member for Halesowen (Alex Ballinger) said, “There is no moral equivalence between these people.” Nobody in this debate is saying that there is any moral equivalence between these people. What we are saying is that everybody is equal before the law.
Let me remind the House what I said in Westminster Hall on 14 July last year – six months ago to the day last week – during a debate covering all these subjects. I pointed out that in April 2017 the Defence Committee had published a report, on a consensus and cross-party basis, entitled “Investigations into fatalities in Northern Ireland involving British military personnel” – (HC1064).
In the inquiries that led up to the publication of that report, we took evidence on 7 March 2017 from four professors of law: Philippe Sands of University College London, Peter Rowe of Lancaster University, Kieran McEvoy of Queen’s University Belfast and Richard Ekins of Oxford University. All of those professors agreed that it was possible and legal – regardless of whether they wanted to do it or not – to have a statute of limitation, provided that it was accompanied by a truth recovery mechanism. That is what the legacy Act, which is now being struck down, brought into effect.
The legacy Act has a very good chance of surviving further legal scrutiny. It is no argument to say that it has been discredited just because the Government and their supporters do not like it. The truth of the matter is that we have to give immunity to everyone or to no one. If the price of giving immunity to our servicemen is that we give it to terrorists too, then it is a price worth paying.