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Clonoe Inquest 2025-02-11
11 February 2025
Lead MP
David Davis
Debate Type
Urgent Question
Tags
DefenceNorthern Ireland
Other Contributors: 17
At a Glance
David Davis raised concerns about clonoe inquest 2025-02-11 in the House of Commons. A government minister responded. Other MPs also contributed.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
Opened the debate
Will the Minister make a statement on the coroner’s ruling in the Clonoe inquest, which found that lethal force used by soldiers was unjustified and may expose soldiers to potential prosecution? The MP raises concerns about the impact of such findings on retired soldiers who served during the troubles.
Adam Jogee
Lab
Newcastle-under-Lyme
Question
What does the Secretary of State think this ruling will mean for peace and reconciliation in Northern Ireland? Will it further the efforts to bring communities together?
Minister reply
The Government understands concerns raised by the coroner's findings but believes that civil cases and inquests should not be closed off. They acknowledge the impact on families seeking answers about loved ones during the troubles.
Alex Burghart
Con
Brentwood and Ongar
Question
When will the House see legislation to repeal the legacy Act? Will the Secretary of State commit to underwriting the financial liability for repealing the Act, which could impact policing budgets?
Minister reply
The Government committed to bringing forward proposals to repeal and replace the legacy Act but did not provide a specific timeline. They do not agree with previous legislation providing immunity from prosecution for both soldiers and terrorists.
Claire Hanna
SDLP
Belfast South and Mid Down
Question
Does the Secretary of State agree that his Government must ensure Stormont House obligations are met, honouring investigations compliant with articles 2 and 3, to address unlawful killings by both state and non-state actors?
Minister reply
The Minister did not provide a direct response but acknowledged the complexity of addressing historical issues related to the troubles.
Al Pinkerton
Lib Dem
Surrey Heath
Question
The Secretary of State recently said that legislation to revoke the deeply flawed legacy Act, which does not command confidence across Northern Ireland, will be introduced when time allows. Will he offer details on when that might be?
Minister reply
As soon as parliamentary time allows, I will introduce the necessary legislation to revoke the deeply flawed legacy Act.
Gavin Robinson
DUP
Belfast East
Question
Does the Secretary of State agree with the Defence Secretary's statement that those who served in the SAS on that day deserve our fullest support?
Minister reply
I do not support a rewriting of history, but I acknowledge the importance of supporting armed service veterans and standing by their side. The coroner’s findings should be respected.
Julian Lewis
Con
New Forest East
Question
Does the Secretary of State accept that no soldier or terrorist can serve more than two years in jail under the Northern Ireland (Sentences) Act 1998? Is a truth recovery process with a statute of limitations good enough for Northern Ireland?
Minister reply
The legacy Act would have given immunity to both terrorists and soldiers, but societies take their own paths forward. The release of prisoners was bitter but necessary for peace.
Jim Shannon
DUP
Strangford
Question
What can the Secretary of State do to rectify the situation where the judiciary appears complicit in rewriting history, and how does he view the use of lethal force?
Minister reply
The findings of the coroner stand independently. The Ministry of Defence is giving serious consideration to what the coroner had to say.
Chingford and Woodford Green
Question
How can the Government ensure that soldiers who served their country with distinction will not be hounded through courts over events decades before?
Minister reply
Decisions about potential prosecutions are taken by independent prosecutors based on evidence, and courts decide whether to convict or not.
Richard Tice
Reform
Boston and Skegness
Question
Is it clear that the Secretary of State believes the Government cannot stand behind our brave soldiers because of membership in the European convention on human rights?
Minister reply
The Government upholds the European convention on human rights, which protects every citizen's rights. Leaving the ECHR is not a position we agree with.
Ashley Fox
Con
Bridgwater
Question
How will the Secretary of State ensure that veterans who served their country with distinction are protected from hounding through courts over past events?
Minister reply
Independent prosecutors take decisions based on evidence, and courts decide whether to convict or not. The British Army upholds the rule of law.
Jim Allister
TUV
North Antrim
Question
How will the Secretary of State address the anger in Northern Ireland over the preposterous verdict and ensure confidence in him is maintained?
Minister reply
The response aims to uphold the rule of law and stand by veterans. The system needs careful consideration before changes are made.
Carla Lockhart
DUP
Upper Bann
Question
Does the Secretary of State agree that this was a justified and necessary operation, within the guidelines of military interception, and will he condemn judicial rulings that seek to rewrite history, undermine our security forces, and embolden bloodthirsty terrorists who wage war against innocent people?
Minister reply
I accept the characterisation that the hon. Member has ascribed to the individuals. Clearly, in firing 60 rounds at the police station, we know what their intent was. That was what the Provisional IRA and terrorists on the loyalist side did during the course of the troubles, and we have to speak of that as well. The coroner’s findings are there on the record. Members and public society are perfectly entitled to express a view, and I acknowledge the concerns that Members have raised today.
John Cooper
Con
Dumfries and Galloway
Question
Is it not the case that the ECHR now skews the balance in their favour, and that we are hide-bound by the idea that there is an equivalence between the IRA and the brave soldiers of the SAS who stood up and did what they had to do to protect innocent lives?
Minister reply
There is no equivalence at all—none whatsoever—for the reasons that have been set out by Members in this exchange, following the question asked by the right hon. Member for Goole and Pocklington. There is nothing in the European convention on human rights that says there must be equivalence.
Robin Swann
UUP
South Antrim
Question
Does the Secretary of State agree that the soldiers acted inside the rules of engagement in that they believed their lives were in danger from heavily armed terrorists, who were intent on murder, and that decisions taken in a split second by the military commander were, in his view, justified?
Minister reply
In all honesty, I have to say to the hon. Gentleman that, of course, I was not present at the time; I am not the coroner; I have not looked into the circumstances of the case; and therefore I am not in any position to answer the question that he has put to me.
Sammy Wilson
DUP
East Antrim
Question
When will the Secretary of State take the side of the soldiers who fought in Northern Ireland and not be afraid that whatever he says here might offend Sinn Féin, the IRA, and their supporters?
Minister reply
I will only say to the right hon. Gentleman that the characterisation of the views that he attempts to attribute to me is incorrect, but I make no apology for telling the House about this Government’s support for the European convention, because this set of findings by the coroner has nothing to do with the European convention on human rights.
Gregory Campbell
DUP
East Londonderry
Question
Does the Secretary of State agree that something like bringing to public light those behind the scenes who send young men out to carry out the killing might have helped a little to minimise the compounding problem created by the coroner’s comments at the time?
Minister reply
The hon. Gentleman raises an important point about how we come to tell the truth about what happened; to give the families answers—I have met many of them, as have my predecessors—about what really happened.
Government Response
The Secretary of State confirmed that the Ministry of Defence is considering the coroner’s findings in the Clonoe inquest. He acknowledged the significant matters raised but noted the ongoing civil case and thus limitations on immediate responses. The Government committed to repealing and replacing the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, which they believe is fatally flawed and incompatible with human rights obligations under the European convention.
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