[Relevant Documents: Oral evidence taken before the Northern Ireland Affairs Committee on 7, 15, 21 and 22 June 2022, on Addressing the Legacy of Northern Ireland’s Past: The UK Government’s New Proposals, HC 284.]
Members may wish to note that a manuscript Government new clause and manuscript Government amendments to improve the drafting of amendments agreed in Committee on day one have been tabled for consideration on Report. They are now available in the Vote Office.
Clause 33
No criminal investigations except through ICRIR reviews
Question proposed, That the clause stand part of the Bill.
With this it will be convenient to discuss the following:
Amendment 114, in clause 34, page 27, line 19, at end insert—
‘(2A) But enforcement action may be taken against P to prevent P from seeking to profit from their conduct in relation to that offence (see section (Grant of immunity: criminal memoirs etc).’
This paving amendment is linked to NC2 which is intended to prevent a person who is granted immunity under this Act from profiting from the from the conduct which they received immunity for.
Amendment 107, page 27, line 19, at end insert—
‘(3) But any sentencing decision in respect of a serious offence committed by P after 10 April 1998 may take into account the panel’s findings on any relevant serious Troubles-related offence committed by P’.
This amendment is intended to allow the offences for which immunity has been granted to be taken into account in sentencing for post-Trouble offences.
Clauses 34 to 36 stand part.
Amendment 121, in clause 37, page 28, line 11, at end insert ”,or
(d) a file relating to P in respect of an offence is submitted to the Public Prosecution Service.
‘(2A) But if no prosecution of P is directed on the basis of the file submitted to the Public Prosecution Service for Northern Ireland, the case relating to P should be returned to the ICRIR for investigation in accordance with this Part.’
The purpose of this amendment is to treat as criminal enforcement action the passing of a file to the Public Prosecution Service for Northern Ireland.
Amendment 122, page 28, line 17, at end insert—
‘(3A) For the purposes of subsection (3), a criminal prosecution of P is to be treated as having begun when a file relating to the criminal investigation into P’s conduct has already been submitted to the Public Prosecution Service on or before the day that section 33 comes into force.
4:45 pm
The Minister of State, Northern Ireland Office (Conor Burns)
Thank you, Mr Evans; we trust that it will not be too long before that is upgraded to “Sir Nigel”.
It is good to be here for the second full day of consideration in Committee of the Northern Ireland Troubles (Legacy and Reconciliation) Bill. I am sure that the whole House is grateful to Members for how they dispatched the statement in what must be record time for a Prime Minister reporting on three international summits, to allow us extra time. I am particularly grateful for the pleasure that lies ahead.
I start by thanking the Committee for the tone of our engagement last week on controversial and emotional subjects; I hope that that tone will continue across the Committee this afternoon as our deliberations progress. I meant to say this properly last time, but I did not. Successive Governments have not engaged in this space, and I want to pay special tribute to my right hon. Friend the Secretary of State for grappling with these contentious and emotional issues over the last couple of years. This is a Government Bill, but it is very much his Bill—he has steered it through. I also pay tribute to those in the Northern Ireland Office who have supported the work of Bill as it has progressed beyond the publication of the Command Paper last July.
We commence today’s proceedings with part 3 of the Bill, which covers investigations, legal proceedings and the release of prisoners. Clause 33 prevents criminal investigations into any troubles-related offence from being initiated or continued on or after the day on which the clause enters into force. That prohibition does not apply to the independent commission for reconciliation and information recovery. The clause ensures that the commission becomes the sole body able and responsible for conducting criminal investigations into troubles-related deaths and serious injuries.
Future prosecutions will remain a possibility for those involved in offences connected to a death or serious injury if they do not actively come forward to seek immunity or do not co-operate sufficiently with the information recovery process. New criminal investigations or prosecutions for troubles-related offences not connected to a death or serious injury will no longer be possible.
The clause places a duty on the heads of each police force in the United Kingdom to notify the Secretary of State of any criminal investigations of troubles-related offences that their force is carrying out on the day before the clause comes into force, enabling the Secretary of State to identify cases that trigger an obligation under articles 2 or 3 of the European convention on human rights, and ensure that those are referred to the commission for review.
I thank the Minister of State for setting the scene. There is one thing that concerns me and, I believe, many DUP Members, but which has not been mentioned very much in any of our debates or discussions about the Bill: the collusion involving the Garda Síochána in relation to the murders of some police officers on the border. There was also collusion involving not just the Garda Síochána but high-level members of the civil service who turned a blind eye to those who carried out the murders across the border. Can the Minister of State reassure me and other hon. Members that there will be accountability in the process for those in the Garda Síochána who were involved in collusion in the murder of Royal Ulster Constabulary and police officers in Northern Ireland, and for those in high levels of the civil service who were also involved in collusion? My cousin was murdered by the IRA, and the people responsible went across the border and lived a safe life there. If that is not collusion, I would like to know what is.
Conor Burns
The hon. Gentleman speaks with great emotion and personal connection to these events. I extend again, from this Dispatch Box, my sympathy to him and to all those in Northern Ireland, in Ireland and across these islands who felt the impact of the brutality and evil of events perpetrated in the name of Irish republicanism, and indeed some in the name of loyalism.
The hon. Gentleman mentions matters relating to the Government of the Republic of Ireland. That Government, on behalf of the Irish state, freely entered into commitments that they would have a process for information to be brought forward for people so that we could find out what happened. I absolutely agree with the hon. Gentleman that the proposals in the Bill and the information recovery unit would absolutely be strengthened if the Government of the Republic of Ireland came forward with their own proposals, so that we could deal with the issues across the totality of these islands. I very much hope that the commitment that was undertaken will be delivered by the Irish Government in due course.
I will, but I will not do today what I did last Wednesday, which was to take about 40 interventions and detain the Committee for an hour. I want to set the scene for what our debate today will cover and the scope of the Bill’s clauses and amendments. However, I give way to the leader of the Social Democratic and Labour party.
I am grateful. The Minister mentions that the Irish Government made commitments. I absolutely agree that they need to deliver on those commitments, but they were made in the context of the Stormont House agreement. The British Government made commitments as well, but they are now moving miles and miles away from the Stormont House agreement, stopping any opportunity for people to get access to truth and justice, despite what the Minister might say.
Conor Burns
We believe that the commitment made by the Government of the Irish Republic was a stand-alone commitment to bring forward their own legislation to have a means of resolving some of the unresolved cases to the benefit of all, to aid the process of information recovery and reconciliation across the island of Ireland and the totality of these islands. We could rehearse—although I do not think that it would be particularly helpful, because the hon. Gentleman and I both know the arguments that would be deployed—why we have come to the conclusion that the process around Stormont House and the bodies that are in place will not, in our judgment, deliver what we seek, which is to help those who want to find out what happened to their loved ones. We have been open in saying that this is a movement beyond Stormont House, because the Government believe that this will be a better way of getting that information and trying to aid the process of reconciliation in Northern Ireland.
The prohibition created by clause 33 will not apply to criminal investigations that are ongoing on the day when the legislation enters into force, where those investigations are being carried out for the purposes of a criminal prosecution commenced before that date. The police will continue to conduct such investigations until the related criminal prosecution has concluded.
Clauses 34, 35 and 36 set out, for those granted immunity, that no criminal enforcement action may be taken against the individual in respect of the serious or connected troubles-related offence or offences for which immunity has been granted, while those who committed crimes should not be able to obtain something for nothing. They will not mean that individuals have immunity for any other serious or connected troubles-related offences in which they may have been involved. Those who do not acknowledge their role in the troubles-related events and incidents will not be granted immunity, and will remain liable to prosecution should sufficient evidence exist or come to light. If immunity is not granted, criminal enforcement action could be taken in respect of the offence. If the commissioner for investigations thinks there is enough evidence that an offence has been committed, the ICRIR can refer a case directly to the relevant UK prosecutor. The ICRIR will be fully equipped with the necessary expertise and full policing powers so that it can carry out robust investigations for the primary purpose of information recovery, as well as being able to refer cases directly to prosecutors if there is evidence of an offence for which someone has not been granted immunity.
Clause 37 contains general and saving provisions applying to troubles-related criminal investigations and prosecutions. Clause 38 and schedules 8 and 9 state that any new civil claim brought on or after the date of the Bill’s introduction will be prohibited once the relevant clauses come into force, two months after Royal Assent. Troubles-related civil claims already filed with the courts before the date of the Bill’s introduction will be allowed to continue. We want to deliver a system that focuses on effective information recovery and reconciliation measures, getting as much information to as many families as possible.
The Minister will know that if a prosecutor has not made a decision on a file prior to the enactment of this law, the prosecutions will not proceed. That has caused huge concern among the families who have engaged with Operation Kenova and the more than 30 live files that rest with the Public Prosecution Service for Northern Ireland. There is an amendment on the table tonight that would allow the Government to accept that the cases that are with the Public Prosecution Service could proceed irrespective of when that decision is taken. Can the Minister confirm that he wants to see a conclusion to the Operation Kenova process, and that he wants to see justice for the families who have engaged so honourably and thoughtfully throughout this time?
Conor Burns
I completely understand why the hon. Gentleman has asked that question, and the view that he takes. I have acknowledged from this Dispatch Box, as has my right hon. Friend the Secretary of State, that some of these decisions are finely balanced and difficult, but the Government want to see a single body dealing with the cases and with getting the information to families, and that will mean that at some point there must be a date on which we stop other processes and roll everything into this one body. I will talk about that in more detail a little later, but the point is that the powers that this body will have at its disposal will be greater than some of the powers available to other bodies—for example, inquests—and we think that this will be a better way of proceeding.
Johnny Mercer (Plymouth, Moor View) (Con)
I commend my right hon. Friend for his stance. While everyone wants to see finality and an end to this process, some of these prosecutorial decisions have taken three to four years, during which time the people being investigated have died. My right hon. Friend has to draw a line somewhere. It is painful, of course, and we do not want to undo the work that has been done, but ultimately we need courage when it comes to reaching a finite point and getting these people investigated by a single body.
Conor Burns
I agree with my hon. Friend, and I am grateful to him for what he has acknowledged. He has been in the position that my right hon. Friend the Secretary of State and I are in, that of a Minister making very finely balanced judgments. We believe that we have got those judgments right, and we are happy to explain the rationale for the decision-making process that we have undertaken. I acknowledge, as my hon. Friend has acknowledged, that this will be difficult for some people to accept, but there must be a point at which the new body becomes the sole body to deal with these matters.
Does the Minister accept that those who are engaged in the Kenova process want not information recovery but prosecutions? They want an outcome that will ensure that those who committed a crime are found guilty of committing a crime. Moving this to information recovery is not doing justice to those who, for many years, have engaged with the process hoping for an outcome. Will the Minister at least encourage the Public Prosecution Service to ensure that it makes a decision on these cases before the deadline on the Bill?
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(3B) But if no prosecution of P is directed on the basis of the file submitted to the Public Prosecution Service for Northern Ireland, the case relating to P should be returned to the ICRIR for investigation in accordance with this Part.’
The purpose of this amendment is to treat a public prosecution as having begun when the file is passed to the Public Prosecution Service for Northern Ireland.
Clause 37 stand part.
Clause 38 stand part.
That schedule 8 be the Eighth schedule to the Bill.
That schedule 9 be the Ninth schedule to the Bill.
Amendment 116, in clause 39, page 30, leave out lines 15 to 42.
This amendment would remove the provisions inserted into the Coroners Act (Northern Ireland) 1959 that require the closure of existing Troubles related inquests in Northern Ireland.
Clause 39 stand part.
Amendment 117, in schedule 10, page 79, leave out lines 4 to 39.
This amendment would remove the provisions inserted into the Coroners and Justice Act 2009 that require the closure of existing Troubles related inquests in England.
Amendment 118, page 81, leave out from line 18 to line 16 on page 82.
This amendment would remove the provisions inserted into the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 that require the closure of existing Troubles related inquests in Scotland.
That schedule 10 be the Tenth schedule to the Bill.
Clauses 40 and 41 stand part.
Amendment 108, in schedule 11, page 83, line 20, at end insert—
‘(1A) In subsection (2)(a), replace “four” with “five”.
(1B) In subsection (2)(b), replace “four” with “five”.’
This is a paving amendment for Amendment 110.
Amendment 109, page 83, line 21, at end insert—
‘(6ZA) The fifth condition is that the prisoner has been fully cooperative in responding any request for information made under section 14 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2022.’
This amendment is intended to add a fifth condition for prisoner release under the Northern Ireland (Sentences) Act 1998 to ensure that prisoners who take part in the reconciliation process are not treated in the same way as those who do not.
That schedule 11 be the Eleventh schedule to the Bill.
New clause 2—Grant of immunity: criminal memoirs etc—
‘(1) A person (P) who has been granted under section 18 immunity from prosecution for an offence may not seek to profit from their conduct in relation to that offence.
(2) The Coroners and Justice Act 2009 is amended as follows.
(3) In section 156 (Qualifying offenders), in sub-paragraph (3)(b)(i) at end add “or a citizen of Ireland who would qualify to be a United Kingdom national”.
(4) In section 159 (Relevant offences), after paragraph (1)(a) insert —
“(aa) a serious Troubles-related offence (see section 1 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2022,”.
(5) The Secretary of State may, after consulting the First Minister and deputy First Minister if practicable, make regulations to prohibit the exploitation for profit of Troubles-related offences by any individual granted immunity under section 18.
(6) Regulations under subsection (5) may further amend the Coroners and Justice Act 2009 and make any necessary provision to amend any relevant primary or secondary legislation.
(7) Regulations under this section are subject to affirmative procedure.’
The intention of this new clause is to prevent a person who is granted immunity under this Act from profiting from the conduct which they received immunity for, by adapting the exploitation proceeds regime under the Coroners and Justice Act 2009.
New clause 3—Northern Ireland (Sentences) Act 1998: repeal—
‘(1) The Northern Ireland (Sentences) Act 1998 is repealed at the end of the period of two months beginning with the day on which this Act is passed.
(2) The Secretary of State may by regulations make any necessary temporary, consequential or transitional provision in connection with the repeal of the Northern Ireland (Sentences) Act 1998.’
This new clause provides for the Northern Ireland (Sentences) Act 1998 to be repealed when Part 3 of this Bill comes into force.
New clause 5—Revocation of immunity (No. 2)—
‘(1) This section applies if a person (P) has been granted immunity from prosecution for the offence under section 18, but later evidence is submitted to the immunity requests panel established under section 21 which the panel considers to be conclusive evidence that the Condition B in section 18 was not met because P’s account was not true.
(2) This section applies if, after the immunity requests panel has ceased to operate, the Secretary of State considers that there is conclusive evidence that the Condition B in section 18 was not met because P’s account was not true.
(3) Where subsection (1) or (2) applies, the immunity of P under this Act is revoked.’
Clause 42 stand part.
Amendment 120, in clause 43, page 34, line 12, at end insert—
‘(3A) The designated persons have an overarching duty to ensure that no memorialisation activities glorify the commission or preparation of Troubles-related offences.’
Amendment 110, page 34, line 15, at end insert—
‘(3A) The designated persons must take into account the interests and concerns of victims of the Troubles in the preparation of the memorialisation strategy.
(3B) “Victims of the Troubles” do not include any person P who has received immunity under this Act and whose physical or mental harm was caused by Troubles-related conduct in which P participated unlawfully.’
This amendment is intended to ensure that only innocent victims are included as victims in the memorialisation strategy under this Act.
Clause 43 stand part.
Clause 44 stand part.
Amendment 41, in clause 45, page 35, line 22, leave out “of the period of operation of the ICRIR” and insert
“from the date on which this Act is passed”.
This drafting amendment removes a reference to the Independent Commission for Reconciliation and Information Recovery.
Amendment 42, page 35, line 38, leave out subsection (5).
This amendment removes a reference to the Independent Commission for Reconciliation and Information Recovery.
Amendment 43,page 36, line 6, leave out paragraph (a).
This amendment removes a reference to the Independent Commission for Reconciliation and Information Recovery.
Amendment 44, page 36, line 8, leave out “the ICRIR reports and”.
This amendment removes a reference to the Independent Commission for Reconciliation and Information Recovery.
Amendment 45, page 36, leave out lines 18 to 21.
This amendment removes a reference to the Independent Commission for Reconciliation and Information Recovery.
Clause 45 stand part.
Clauses 46 to 48 stand part.
Amendment 93, in clause 49, page 37, line 43, leave out from “regulations” to end of line 15 on page 38 and insert
‘establish an independent panel of experts to make appointments for the purposes of this Part.
(1A) The independent panel of experts must include—
(a) representatives of the Northern Ireland Executive, the United Kingdom government and the government of Ireland,
(b) representatives of the British Academy, the Royal Irish Academy or other comparable learned societies, and
(c) a person of international standing with experience in or comparable to the post of special rapporteur on transitional justice for the United Nations.
(1B) When deciding whether to designate a person for the purposes of this Part, the panel must, in accordance with clear and transparent criteria, ensure that the individual has the necessary expertise in at least one of the following: oral history, academic research, archiving, trauma, gender studies and memorialisation.’
This amendment would remove the Secretary of State’s power to designate persons for the purposes of Part 4 of the Bill and instead provide for the appointment of an independent panel to designate persons for the purposes of this Part, while keeping the provision for financial and other resources to be supplied by the Secretary of State.
Clause 49 stand part.
Amendment 94, in clause 50, page 38, line 20, leave out from ”means” to end of line 21 and insert
‘persons designated by the independent panel established under section 49 (1);’
This amendment removes the definition of designated persons in Part 4 of the Bill as persons appointed by the Secretary of State and instead refers to appointments by an independent panel.
Clause 50 stand part.
New clause 4—Offence of glorifying terrorism: Northern Ireland—
‘(1) This section applies to a statement that is likely to be understood by a reasonable person as a direct or indirect encouragement or other inducement to some or all of the members of the public in Northern Ireland, to the commission, preparation or instigation of acts of terrorism.
(2) A person P commits an offence if—
(a) P publishes a statement to which this section applies or causes another to publish such a statement; and
(b) at the time P publishes it or causes it to be published, P—
(i) intends members of the public in Northern Ireland to be directly or indirectly encouraged or otherwise induced by the statement to commit, prepare or instigate acts of terrorism; or
(ii) is reckless as to whether members of the public in Northern Ireland will be directly or indirectly encouraged or otherwise induced by the statement to commit, prepare or instigate such acts.
(3) For the purposes of this section, the statements that are likely to be understood by a reasonable person as indirectly encouraging the commission or preparation of acts of terrorism include every statement which—
(a) glorifies the commission or preparation in the past of Troubles-related offences; and
(b) is a statement from which members of the public in Northern Ireland could reasonably be expected to infer that what is being glorified is being glorified as conduct that should be emulated by them in existing circumstances.
(4) For the purposes of this section the questions how a statement is likely to be understood and what members of the public in Northern Ireland could reasonably be expected to infer from it must be determined having regard both—
(a) to the contents of the statement as a whole; and
(b) to the circumstances and manner of its publication.
(5) It is irrelevant for the purposes of subsections (1) to (3)—
(a) whether anything mentioned in those subsections relates to the commission, preparation or instigation of one or more particular acts of terrorism, of acts of terrorism of a particular description or of acts of terrorism generally; and
(b) whether any person is in fact encouraged or induced by the statement to commit, prepare or instigate any such act or Troubles-related offence.
(6) In proceedings for an offence under this section against a person P in whose case it is not proved that P intended the statement directly or indirectly to encourage or otherwise induce the commission, preparation or instigation of acts of terrorism it is a defence for P to show—
(a) that the statement neither expressed P’s views nor had P’s endorsement (whether by virtue of section 3 or otherwise); and
(b) that it was clear, in all the circumstances of the statement‘s publication, that it did not express P’s views and (apart from the possibility of P’s having been given and failed to comply with a notice under subsection (3) of that section) did not have P’s endorsement.
(7) A person guilty of an offence under this section shall be liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding 15 years, or to a fine, or to both;
(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;
(c) on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both.
(8) in considering sentencing for an offence under this section, the court will take into consideration as an aggravating factor any immunity granted to P under the Northern Ireland Troubles (Legacy and Reconciliation) Act 2022.’
This new clause, based on section 1 of the Terrorism Act 2006, makes having received immunity under this Bill an aggravating factor in sentencing for the offence of glorifying terrorism.
New clause 6—Opening closed files—
‘(1) Every Minister of the Crown must review the status and classification of files held or sealed by the Department for which the Minister is responsible which relate to events which formed part of the Troubles with a view to ensuring that relevant information, is duly and truly accessible for the various purposes of information recovery, historical records, memorialisation and academic research provided for in this Act by those mandated to discharge those purposes.
(2) Classified government files for the purposes of this section relate to deaths, injuries, other public harms and miscarriages of justice which occurred as part, or in consequence, of the Troubles.
(3) No later than six months from the date on which this Act is passed, each Minister of the Crown must compile a list of such Troubles-related files which have been sealed from public disclosure for longer than standard periods, showing the previously specified date until which they were to remain closed and indicating, on the basis of the review referred to in subsection (1), how and when relevant information in those files will be available to bodies or persons undertaking work enabled or mandated under this Act.
(4) The list referred to in subsection (3) must be laid before both Houses of Parliament.
(5) A Minister of the Crown must make a statement to the House of Commons on steps being taken to ensure disclosure of such information in order to afford more truth to those bereaved or otherwise harmed by events related to the Troubles, fuller public awareness and understanding and to assist the cause of reconciliation.’
This new clause deals with opening closed files as a State step towards truth and reconciliation. The duties of the Minsters of the Crown apply to any Minister including the Prime Minister, any Secretary of State (including the Secretaries of State for Defence and for Northern Ireland) as well as to the Lord Chancellor and the Cabinet Office.
Amendment 46, in clause 51, page 39, line 12, leave out subsection (1).
This paving amendment would remove Schedule 12 which amends existing legislation in relation to the Independent Commission for Reconciliation and Information Recovery and the limitation of legal proceedings.
Amendment 47, page 39, line 35, leave out paragraph (c).
This drafting amendment removes a provision which would be redundant if Clause 38 and Schedule 9 were removed from the Bill.
Amendment 48, page 39, line 35, leave out paragraph (d).
This amendment removes references to criminal investigations and inquests.
Clause 51 stand part.
That schedule 12 be the Twelfth schedule to the Bill.
Amendment 49, in clause 52, page 40, line 9, leave out subsection (2).
This amendment removes provision which is not necessary for the operation of Part 4 of the Bill.
Amendment 50, page 40, line 11, leave out from “they” to “may” in line 16.
This amendment removes provision which is not necessary for the operation of Part 4 of the Bill.
Amendment 51, page 40, line 11, leave out lines 21 to 28.
This amendment removes provision which is not necessary for the operation of Part 4 of the Bill.
Amendment 52, page 40, line 29, leave out from “procedure“” to second “the” in line 34.
This amendment removes provision which is not necessary for the operation of Part 4 of the Bill.
Amendment 53, page 40, line 37, leave out from “Parliament” to the end of subsection (4).
This amendment removes provision which is not necessary for the operation of Part 4 of the Bill.
Amendment 54, page 41, line 9, leave out subsections (6) and (7).
This amendment removes provision which is not necessary for the operation of Part 4 of the Bill.
Clause 52 stand part.
Amendment 55, in clause 53, page 41, line 20, leave out subsection (1).
This amendment removes provision which is not necessary for the operation of Part 4 of the Bill.
Clause 53 stand part.
Clause 54 stand part.
Amendment 56, in clause 55, page 46, line 18, leave out subsection (4).
This amendment removes provision relating to the repeal of the Coroners Act 1988.
Clause 55 stand part.
Amendment 57, in clause 56, page 46, line 24, leave out paragraph (b).
This amendment would be consequential on the removal of Schedule 12 which amends existing legislation in relation to the Independent Commission for Reconciliation and Information Recovery and the limitation of legal proceedings.
Amendment 58, page 47, line 32, leave out subsection (4).
This amendment removes provision which is not necessary for the operation of Part 4 of the Bill.
Clause 56 stand part.
Amendment 59, in clause 57, page 46, line 35, leave out “Troubles (Legacy and Reconciliation)” and insert “(Memorialising the Troubles)”.
This amendment would change the short title applicable to an Act comprising only Parts 1, 4 and 5 of the Bill.
Clause 57 stand part.
New clause 7—Compatibility with Article 2 of ECHR—
‘(1) Notwithstanding any other provisions of this Act, the exercise of powers, the performance of functions and the discharge of duties under this Act, including by bodies or offices created under this Act, may be subject to civil action and judicial review on grounds of incompatibility with Article 2 of the European Convention on Human Rights.
(2) Recourse to civil action under this section shall be open to—
(a) a close family member of a person whose death was caused by conduct forming part of the Troubles; or
(b) if there are no close family members of the deceased, any family member of the deceased.
(3) The Northern Ireland Human Rights Commission may—
(a) provide assistance to individuals or families who take civil action under this section; or
(b) bring court proceedings itself in respect of policies, practices and performances of relevant authorities with powers and functions under this Act in order to test their compatibility with Article 2 of the European Convention on Human Rights or to vindicate that right or others under the European Convention.’
Amendment 72, in title, line 1, leave out from “by” to “providing”.
This amendment would change the long title applicable to an Act comprising only Parts 1, 4 and 5 of the Bill.
While we are in Committee of the whole House, Members should refer to me as Chair or Mr Evans, and not as Mr Deputy Speaker. I call the Minister.