Supreme Court Dillon Judgment Policy Implications

2026-06-03

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Questions & Answers

Q1 Direct Answer
Phil Brickell Lab
Bolton West
Context
The Supreme Court issued a ruling in the Dillon case [2026] UKSC 15 which may have significant policy implications.
What assessment has been made of the potential implications for his Department's policies of the Supreme Court judgment in the Dillon case?
Before answering, I pay tribute to Sir Desmond Rea who died recently. He played an important role in the peace process in Northern Ireland, particularly through the transformation of policing as the first chair of the Northern Ireland Policing Board. I am sure the whole House will join me in sending condolences to his family. I welcome the clarity provided by the Supreme Court in the Dillon case, which has confirmed that the Independent Commission for Reconciliation and Information Recovery is capable of delivering human rights-compliant investigations and reaffirms the Government's position on the interpretation and application of article 2 of the Windsor framework.
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Q2 Direct Answer
Peter Swallow Lab
Bracknell
Context
The previous government's Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 aimed to offer immunity to perpetrators of crimes during the troubles.
Does the Secretary of State agree that giving immunity to terrorists who committed terrible crimes is wrong in principle, and can he provide an update on when he plans to move the approval motion for the remedial order to repeal it?
I agree with my hon. Friend that seeking to give immunity to terrorists who committed the most terrible crimes, including the killing of police officers, soldiers and many members of the public, was profoundly wrong. It is also wrong in principle. On the remedial order, now that we have the Dillon judgment we will be bringing it forward as soon as parliamentary time allows.
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Q3 Direct Answer
Fleur Anderson Lab
Putney
Context
The Supreme Court found in favor of the government, reinforcing its position on delivering justice.
Does the Secretary of State agree that the Government now have a responsibility to put in place legislation that delivers justice for victims and survivors of the troubles and upholds the special duty of care to veterans?
I do indeed agree with my hon. Friend—that is exactly what the troubles Bill will do. It is essential to build confidence across all communities, which the legacy Act failed to do, to put in place protections for our veterans and to enable all families who are seeking answers to request information through a reformed legacy commission.
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Q4 Direct Answer
Phil Brickell Lab
Bolton West
Context
The issue of justice and accountability for those involved in violent acts during the troubles.
Can the Secretary of State reiterate to the House how many veterans have been convicted for offences committed during the troubles and how that compares with the number of paramilitaries who have been successfully prosecuted?
I ask my hon. Friend to pass on my thanks and, I am sure, the thanks of the whole House for his father's service. He and all those who served deserve our eternal gratitude. As my hon. Friend knows, the number of service personnel convicted of troubles-related offences was very small—only one in the last 28 years—whereas between 25,000 and 35,000 paramilitaries were sent to prison during the troubles. Of the current 10 live cases, eight relate to paramilitaries accused of killing or attempting to kill soldiers and police officers—paramilitaries whom the last Government wanted to give immunity to.
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Q5 Direct Answer
Alex Easton Ind
North Down
Context
The Supreme Court provided clarification regarding the correct interpretation of the Windsor framework.
Does the Secretary of State agree that the Supreme Court judgment in the Dillon case reinforces vital legal protections for our security forces, creating a more secure environment?
I will certainly join the hon. Member in expressing those thanks to all those who served with such distinction in Northern Ireland during the troubles to keep people safe. The Dillon judgment has provided extremely important clarity about the correct interpretation of the Windsor framework, as I said a moment ago. It also reinforces the case that the Government make: that we need to put protections for veterans, which were not contained in the last legacy Act, on the statute book.
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Q6 Direct Answer
Jim Allister TUV
North Antrim
Context
The Equality Commission for Northern Ireland and the Northern Ireland Human Rights Commission had expanded interpretations of article 2 of the Windsor framework.
Does the Secretary of State accept that rights in Northern Ireland must evolve according to United Kingdom law, not European Union law? Thus, on the gender issue, does he accept that the ruling of the Supreme Court on the supremacy of biological sex must prevail?
That is indeed what the Supreme Court found in that particular important case. The Equality Act 2010 applies in only limited ways in Northern Ireland, as the hon. and learned Member knows. I agree with him on his first point. The Government took the appeal because they felt that the interpretation of the Windsor framework, particularly article 2, by the Northern Ireland courts was too broad. The Supreme Court has agreed with the Government and said that it is a much more narrow interpretation, relating to the troubles, not the expansive interpretation that we have previously seen.
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Q7 Direct Answer
Charlie Dewhirst Con
Bridlington and The Wolds
Context
The spokesperson for Northern Ireland welcomed the Supreme Court's judgment confirming that the ICRIR is capable of delivering human rights-compliant investigations.
Does the Secretary of State accept that the courts have determined that the ICRIR as presently constituted is sufficiently independent to conduct its investigations? If so, why is there any need to make these cumbersome changes in his proposed Bill?
As I have said from the Dispatch Box many times before, the courts had previously found that the ICRIR was independent. The Supreme Court has dealt with the two particular issues identified by the Court of Appeal in Northern Ireland. I have already indicated to the House that the Government propose to make amendments to the disclosure provisions, which I think are right and proper compared with those that were contained in the legacy Act. It remains the case that the last legacy Act did not command confidence on the part of all—[Interruption.] It is no good hon. Members on the Conservative Front Bench shaking their heads; it did not command confidence on the part of all communities in Northern Ireland, and that is why the changes are necessary.
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Q8 Partial Answer
Gavin Robinson DUP
Belfast East
Context
Victims in Northern Ireland face ongoing challenges with the Irish Government's refusal to respond to requests for information from victims and the Garda unit not answering calls. The Irish Government continues to assert that there is an incompatibility with the ICRIR.
The Secretary of State must know that victims in Northern Ireland would like him to stand up for them, to challenge the excess and the eccentricities of the Republic of Ireland Government, and to ensure, when they promise that they will provide information, that they do, and that their reluctance to do so has now been proven hollow. Gender has already been mentioned and he knows that the Dillon case was silent on some of the other expansionist parts of the quest on article 2. He has indicated his support for the Supreme Court's view, but will he ensure that he defends that view in court?
I reject the suggestion that in some way I am not standing up for victims, because the legislation that we have brought forward is about trying to give confidence to all victims in Northern Ireland. The right hon. Gentleman was one of many critics the immunity provisions in the legacy Act, which had no support in Northern Ireland, did not command support from any of the political parties, was wrong in principle and was never even commenced by the last Government. In relation to the Irish Government, we should judge each other by the steps that we take. Since we last had an exchange on this matter, the Irish Government have now legislated—it is just awaiting the Irish President's signature—to enable witness evidence to be given to the Omagh bombing inquiry. That is a sign of the Irish Government's good faith.
Assessment & feedback
Did not directly commit to defending the Supreme Court's view in court
Rejecting The Suggestion Judging By Steps Taken
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Q9 Partial Answer
Gavin Robinson DUP
Belfast East
Context
Victims in Northern Ireland are concerned about the Irish Government's refusal to respond to requests for information from victims and the lack of cooperation with the Garda unit. The Irish Government asserts that there is an incompatibility with the ICRIR.
The Secretary of State will know that the howls of outrage from the article 2 expansionists have been proven to be wrong, yet those same howls of outrage have been repeated ad nauseum by the Irish Government. They continue with their state case against this country and they continue to assert that there is an incompatibility with the ICRIR. In doing so, they refuse to respond to the requests of victims; they have not responded once to the ICRIR's requests for information from the Guards; and, as the Secretary of State heard with the victim in our presence just last week, the much-fêted Garda unit does not even answer the phone. Will he now challenge the Irish Republican Government to withdraw their case and to recognise compatibility with article 2?
As I have said to the right hon. Gentleman a number of times before, the Government's view, which is reinforced by the Dillon judgment, is that the legislation that we are bringing forward, combined with the judgment, means that there is no basis for the inter-state case; but it is a matter for the Irish Government to take a decision about what they do about that. The other argument for the legislation that we are putting forward is that it will enable precisely the co-operation that the right hon. Gentleman is seeking and that will be so important to many families in Northern Ireland, including the families of service and police personnel who were killed and injured during the troubles. There may well be information that the Irish Government can now provide, and that is another strong argument for the legislation.
Assessment & feedback
Did not commit to challenging the Irish Government directly
Matter For The Irish Government
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