Northern Ireland Troubles (Legacy and Reconciliation) Bill

Report (2nd Day)

Clause 13: Conduct of reviews

Amendment 31

31: Clause 13, page 11, line 13, at end insert— “(3A) The Commissioner for Investigations must ensure that each review—(a) is carried out to criminal justice standards as modelled on Operation Kenova,(b) complies fully with obligations under the European Convention on Human Rights,(c) gathers as much information as possible in relation to the death or harmful conduct, and(d) explores all evidential opportunities.(3B) “Operation Kenova” means the independent investigation established under the overall command of former Chief Constable Jon Boutcher in 2016, known as Operation Kenova.”Member’s explanatory statement This amendment establishes minimum standards for a “review” conducted by the ICRIR to ensure conduct is investigated to criminal justice standards, along the lines of Operation Kenova.

My Lords, we had an extensive debate on Amendment 31 last Wednesday and on behalf of my noble friend Lord Hain, I want to test the opinion of the House.

1|16:14|203|179|Division on Amendment 31|Amendment 31 agreed.||0|0

My Lords, I ask the House to be patient, as we now have to gallop through a series of amendments up to Amendment 99, so please bear with me and do not move around too much.

Amendment 32 and 33

32: Clause 13, page 11, line 18, at end insert— “(4A) In particular, the Commissioner for Investigations is to decide whether a criminal investigation is to form part of a review.”Member’s explanatory statement This makes clear that the Commissioner for Investigations should consider whether there should be a criminal investigation as part of an ICRIR review.

33: Clause 13, page 11, line 48, at end insert— “(7A) Subsection (A1) does not limit the duty of the Commissioner for Investigations to comply with the obligations imposed by the Human Rights Act 1998 when exercising other functions.”Member’s explanatory statement This makes clear that the duty of the Commissioner for Investigations to comply with the Human Rights Act 1998 is not limited by the express provision in the new subsection (A1).

Amendments 32 and 33 agreed.

Clause 15: Production of reports on the findings of reviews

Amendment 34 to 36