The following Answer to an Urgent Question was given in the House of Commons on Tuesday 9 December.

“I am grateful to the right honourable Gentleman for his Question. I inform the House that I will lay a Written Ministerial Statement on this matter later today.

Operation Kenova has published its final report, which covers the activities of the alleged agent Stakeknife, as well as other investigations referred to it by the Police Service of Northern Ireland. Let me begin by commending the Kenova team, led by Sir Iain Livingstone and Jon Boutcher, for the exemplary way in which they carried out their work, built trust with families, put victims first and provided many answers about what happened to their loved ones.

Operation Turma, which was part of Operation Kenova, resulted in the prosecution of an individual now extradited from Ireland and awaiting trial for the murder of three Royal Ulster Constabulary officers in 1982. Operation Kenova has set a standard for future legacy investigations, and we have drawn on a number of those lessons in drafting the Northern Ireland Troubles Bill. I wish to express my heartfelt condolences to all the families who lost loved ones in the appalling circumstances described in this sobering report.

Operation Kenova was asked to establish whether there was evidence of criminal offences by the alleged agent known as Stakeknife or their alleged handlers. The behaviour described of the alleged agent and their role in the Provisional IRA is deeply disturbing, and it should not have happened. In recent decades, there have been significant reforms to agent handling practice, including through legislation. The use of agents is nowadays subject to strict regulation, overseen by the Investigatory Powers Commissioner and the Investigatory Powers Tribunal.

On Operation Kenova’s request to the Government to name Stakeknife, I told Sir Iain Livingstone in August:

‘Due to ongoing litigation relevant to the Neither Confirm Nor Deny [NCND] policy, namely the Thompson Supreme Court appeal, a substantive and final response to your request will be provided after judgment has issued in that case’.

The Government’s first duty is to protect national security, and identifying agents risks jeopardising that.

Today’s report also makes public the high-level findings of Operation Denton, which looked at killings carried out by the Ulster Volunteer Force Glenanne gang. The behaviour reported on, including collusion by individual members of the security forces, is shocking. The Government will respond to the full Denton report when it is published, bearing in mind that related legal proceedings are ongoing in this case and in the case of Stakeknife.

The Government responded to a number of the other recommendations in the interim Kenova report in August. That is available in the Library and is also addressed in the Written Ministerial Statement”.

My Lords, a 164-page report really should have been accompanied by an Oral Statement by the Government in Parliament. The report contains much uncomfortable reading, and our sympathies are with those who lost loved ones. We also recognise again the immense role of the RUC, the Armed Forces and the intelligence services in securing peace. Can the Minister reaffirm the Government’s commitment to the “neither confirm nor deny” doctrine as essential for the protection of national security? On legacy, the Irish Government have now promised the fullest possible co-operation with the renamed Legacy Commission. What undertakings have they given that this will mean exactly the same levels of disclosure by them and their agencies as is required of the UK Government and their agencies?

My Lords, I first put on record my sincere thanks to both Jon Boutcher and Sir Iain Livingstone for an extraordinary piece of work. They have set the standard both for gaining the trust of victims and ensuring that we have an Article 2-compliant investigation, which has given us very sobering reading. The noble Lord is aware that, yesterday, we published a Written Ministerial Statement, and he is aware of the ongoing litigation concerning many of the issues in the report. We will be discussing them in more detail once some of that litigation is completed.

On the noble Lord’s points about our security services, I completely agree with him. As he knows, because I have said it from this Dispatch Box, I agree that our security services and all those who wore uniforms during the Troubles ran towards danger to keep us all safe. They continue to do so every single day, both in Northern Ireland and in the rest of GB.

On “neither confirm nor deny”, the noble Lord is right: the first duty of any Government is to protect national security, and we must therefore ensure that sensitive information that is injurious to the public interest, including information that could damage national security or present a real risk of harm to life, is not released. NCND is an important protection, particularly where disclosure of information might otherwise compromise the recruitment and retention of CHIS, but it also covers a broad range of other sensitive national security activities. There will be no change.

On the role of the Irish state, noble Lords are aware that in September we published a joint framework on how we will work together on legacy. We hope and expect to see that delivered in full.

My Lords, this is an important and detailed report that is a welcome further step in trying to get to the truth of what happened. Like the Minister, I commend its authors. Families have had to wait such a long time for truth and justice. Do the Government accept the finding of serious organisational failure by MI5, as outlined in the report, and can the Minister say whether she is confident that the current legislative framework and oversight provisions will prevent similar lapses in future?

There is ongoing litigation regarding the first point, so I cannot comment. However, I remind noble Lords that since the Troubles, there has been a new legislative framework that includes both the Covert Human Intelligence Sources (Criminal Conduct) Act 2021 and RIPA 2000, which means that many of the practices outlined in the report could never be repeated.

My Lords, does the Minister acknowledge the debt of gratitude that we owe to the intelligence services, our Armed Forces and the courageous members of the RUC? It was by their action, infiltrating the IRA right to the very top of the republican movement, that many lives were saved—including my own. However, when will His Majesty’s Government put the spotlight on previous Governments of the Irish Republic and their role in arming and supporting the IRA in their terrorist activity?

I am very grateful to our security services for keeping many Members of your Lordships’ House safe and saving their lives, including the noble Lord. Let us be very clear what we are talking about here: the Provisional IRA were responsible for over 1,700 murders, and we need to make sure that that is reflected in these conversations.

On the noble Lord’s comments on the Irish Government, I have been clear that there is a new framework and agreement. This is historic, and the first time we have been able to achieve such. I look forward to working with the Irish Government to make sure that they, as we will, bring forward new legislation.

My Lords, I served on the steering group for Operation Kenova.

The Secretary of State said yesterday of the NCND policy that

“in a small number of cases it has been set aside for particular reasons

MI5 knew about Stakeknife’s recruitment from the outset. It knew his identity, his role within the IRA and about his involvement in abduction, interrogation and murder. It knew that murders could have been prevented had his activities been terminated earlier and action taken by the state. Families know that their loved ones were murdered by a man who was allowed to carry on murdering by agents of the state. He is now dead. His identity is known worldwide; it is running in newspapers across the world today. Does the Minister agree that this situation constitutes “particular reasons” and that regardless of any judgments yet to come, Stakeknife should be named now?

First, I thank the noble Baroness for the work she has done with Kenova; it is a truly sobering piece of work and an incredibly important addition.

When any agent—active, living or otherwise—is publicly identified by the state, it calls into question the whole premise of the Government’s “neither confirm nor deny” policy, which is vital for national security. On Operation Kenova’s request to the Government to name Stakeknife, the Northern Ireland Secretary has set out in a letter to Sir Iain Livingstone, which is available in the Library, that the Government will issue a substantive and final response to that request after the Supreme Court has issued its judgment in the Thompson case, which is relevant to NCND policy.

I want to make it clear that the alleged behaviour revealed in this report is deeply disturbing, and such activities would simply not be tolerated today.

My Lords, I would like to thank Jon Boutcher and Sir Iain Livingstone for the report they have brought forward. The Kenova report contains very disturbing findings. In view of this, can my noble friend the Minister highlight the Government’s intentions to address those very serious findings, including the fact that MI5 tried to restrict the investigation and conceal the truth of IRA crimes it knew all about?

My noble friend is right that this report contains a range of recommendations; some are outside its original terms of reference, which were in the interim report published last March. Noble Lords will appreciate that many of the issues touched upon are subject to ongoing litigation, so there is only so far I can go in terms of their actions.

I say to my noble friend that the director-general of MI5 again apologised to Kenova for the late discovery of the material in 2024. The House will also note that MI5 itself has initiated an internal review of what happened, and there are the findings of the Helen Ball review, in which she raised a number of points. There is always more to learn, but as I said before, the legislative framework in which these alleged activities happened is not the same as the one that operates today.

My Lords, £47 million was spent on the Kenova report, which was made with the benefit of hindsight and makes no mention of the thousands of people who were actually saved from being murdered by the IRA terrorists precisely because of the actions of the intelligence services and brave service men and women. Will His Majesty’s Government rule out immediately the ridiculous call made this morning on the BBC by the former PSNI chief constable Sir George Hamilton for a judicial inquiry into MI5 and its behaviour? Does the Minister agree that despite the endless inquiries, our security forces acted always with the intention to save lives and not, as was the IRA’s intent, to murder innocent men and women?

The Government have no intention to commission a public inquiry. The Kenova investigation was conducted over nine years and was Article 2-compliant. We are satisfied that Kenova has completed a thorough investigation. We do not believe there is any further requirement.

My Lords, my noble friend Lord Caine and others have referred to the uncomfortable reading in this report. Can the Minister confirm unequivocally that the regime for handling agents is today utterly different from that which obtained when most of the events covered by the report took place?

The noble Lord is right: the use of covert human intelligence sources is now subject to strict regulation under RIPA 2000 and the CHIS Act 2021. Compliance with this legislation and the related code of conduct is subject to rigorous IPCO scrutiny. The Investigatory Powers Tribunal provides a forum for individuals to challenge the state if they believe CHIS have acted inappropriately or illegally. It is a completely different world that we live in, but we should never forget the context of what we are talking about.