Northern Ireland Troubles Bill 2024-26

NC7

★ To move the following Clause- "Annual Reporting on Recruitment and Retention within the Armed Forces (1) The Secretary of State must, within three months of any regulations being made under section 97(4) to commence this Act, appoint a person to act as an independent reviewer of the legislation on recruitment and retention in the United Kingdom Armed Forces ("the independent reviewer”). (2) The person appointed under subsection (1) must- (a) not have previously held elected political office in the United Kingdom; (b) not be a current member of a political party registered in the United Kingdom; (c) not be a current employee of a political party registered in the United Kingdom; (d) not be a current employee of the Northern Ireland Civil Service or of the United Kingdom Civil Service; (e) not be a current employee of the British Armed Forces. (3) The process for appointing the independent reviewer shall be conducted by the Commissioner for Public Appointments. (4) The person appointed as the independent reviewer under subsection (1) shall have a term in office of five years, renewable for a single additional term by the Secretary of State. (5) The independent reviewer must provide a report to the Secretary of State within six months of their appointment and every twelve months thereafter on the impact of this Act on recruitment and retention in the United Kingdom Armed Forces. (6) On receiving a report under subsection (5), the Secretary of State must lay a copy of it before Parliament along with the Secretary of State's response to the report's findings. (7) The Secretary of State may pay the expenses of the independent reviewer and may also pay them such allowances as the Secretary of State, with the advice of the Commissioner for Public Appointments, determines.”

52

Clause 8, page 5, line 19, at end insert- "(4A) The Secretary of State must not appoint any person as a member of the Group who has- (a) been convicted of a Troubles-related offence, or (b) been identified, following national security vetting, as having had any former or current associations with any proscribed organisation.”

5

Clause 1, page 1, line 8, at end insert- "(3A) Notwithstanding the provisions of subsection (3), or of any Remedial Order made under Section 10 of the Human Rights Act 1998, any rights or protections that were, as a consequence of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, granted by the ICRIR to individuals who had previously served as service personnel or crown servants are to be regarded by any prosecuting authority or court in the United Kingdom as remaining in force.”

28

Clause 51, page 40, line 17, "essential”, insert ", if the circumstances under investigation involve a person who has served in His Majesty's Armed Forces or a former member of the Royal Ulster Constabulary.”

51

★ Clause 84, page 66, line 6, at end insert- "(1A) Notwithstanding the provisions of subsection (3), no inquest may be resumed in relation to the deaths resulting from Operation Judy in Loughall in 1987."

49

★ Page 66, line 5, leave out Clause 84

50

★ Page 70, line 17, leave out Clause 85

48

Clause 1, page 1, line 8, at end insert— “(3A) Notwithstanding the provisions of subsection (3), or of any Remedial Order made under Section 10 of the Human Rights Act 1998, any rights or protections that were, as a consequence of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, granted by the ICRIR to individuals who had previously served as service personnel or crown servants are to be regarded by any prosecuting authority or court in the United Kingdom as remaining in force.”

43

Clause 1, page 1, line 8, at end insert— “(3A) Notwithstanding the provisions of subsection (3), or of any Remedial Order made under Section 10 of the Human Rights Act 1998, any rights or protections that were, as a consequence of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, granted by the ICRIR to individuals who had previously served as service personnel or crown servants are to be regarded by any prosecuting authority or court in the United Kingdom as remaining in force.”

None

Page 1, line 3, leave out Clause 1

23

Clause 2, page 1, line 18, leave out "10 April 1998" and insert "31 August 1998"

24

Clause 2, page 1, line 18, leave out "10 April 1998" and insert "12 April 2010"

9

Clause 2, page 1, line 20, at end insert— "(za) perpetuating or planning an act of terrorism”

6

Clause 2, page 2, line 1, at end insert— "(2A) Any actions which were lawfully performed by members of the Armed Forces, or Crown servants, in the course of their duties shall not, as a consequence of this Act, be considered as unlawful acts of terrorism or criminal violence."

10

Clause 2, page 2, line 18, at end insert— "(7) No provisions of this Act may be read to imply or suggest a moral equivalence between perpetrators of terrorism and the security and police forces of the State."

7

Clause 3, page 3, line 4, at end insert— "(3A) In performing its functions, the Legacy Commission must ensure that its processes are impartial, balanced and proportionate.”

3

Clause 5, page 4, line 2, leave out from “investigations” to end of line 2 and insert "in the United Kingdom"

39

Clause 6, page 4, line 5, leave out “Secretary of State” and insert "Northern Ireland Judicial Appointments Commission"

40

Clause 6, page 4, line 10, leave out “Secretary of State” and insert “Northern Ireland Judicial Appointments Commission"

41

Clause 6, page 4, line 14, leave out subsection (5)

11

Clause 8, page 5, line 17, at end insert— "(iii) the Veterans Commissioner for Northern Ireland, and"

21

Clause 8, page 5, line 17, at end insert— "(iii) the Veterans Commissioner for Northern Ireland, and"

1

Clause 8, page 5, line 19, at end insert— "(4A) The Secretary of State must not appoint any person as a member of the Group who has— (a) been convicted of a Troubles-related offence, or (b) been identified, following national security vetting, as having had any former or current associations with any proscribed organisation.”

2

Clause 8, page 5, line 21, at end insert “, and (b) do not include any person— (i) who has participated in any terrorist act, or (ii) who has a terrorism-related criminal conviction."

None

Clause 8, page 5, line 21, at end insert— "(5A) For the purposes of this section, a “victim’” is a human individual who has suffered harm, including physical or mental injury, emotional suffering or economic loss, through no fault of their own, directly by acts or omissions that are in violation of the criminal law. (5B) A person is not to be considered a “victim” if they— (a) are, or were, physically or psychologically injured as a result, or in consequence, of their undertaking a criminal act in a conflict related incident; and (b) were either wholly, or in part, responsible for the planning, or implementation, of an unlawful conflict related incident."

22

Clause 8, page 5, line 21, at end insert— "(5A) In this section references to victims and survivors refer to innocent victims and does not include those who are precluded from receiving a Victims Pension under Regulation 6 of the Victims' Payments Regulations 2020.”

36

Clause 10, page 6, line 16, leave out paragraph (a)

4

Clause 27, page 20, line 31, leave out subsection (2) and insert— "(1A) Where conduct forming part of the Troubles— (a) caused a person to suffer serious physical or mental harm, or (b) caused a person physical or mental harm as the result of being the victim of a sexual offence, the person may request an investigation under this Part of the conduct."

25

Clause 27, page 20, line 31, leave out subsection (2) and insert— "(1A) Where conduct forming part of the Troubles— (a) caused a person to suffer serious physical or mental harm, or (b) caused a person physical or mental harm as the result of being the victim of a sexual offence, the person may request an investigation under this Part of the conduct."

26

Clause 30, page 24, line 9, after "essential”, insert ", if the circumstances surrounding the request involves a person who has served in His Majesty's Armed Forces or a former member of the Royal Ulster Constabulary.”

27

Clause 31, page 25, line 33, after "essential”, insert “, if the circumstances surrounding the request involves a person who has served in His Majesty's Armed Forces or a former member of the Royal Ulster Constabulary."

34

Clause 36, page 29, line 9, "essential”, insert “, if the circumstances under investigation involve a person who has served in His Majesty's Armed Forces or a former member of the Royal Ulster Constabulary."

12

Clause 36, page 29, line 36, at end insert— “(c) “context” is to be regarded as including recent incidents, operational orders, instructions of the day, military or policing intelligence briefings and daily briefing materials."

13

Clause 43, page 35, line 8, leave out from “considers” to “, the director” and insert “there is admissible and credible evidence, having regard, in particular, to the age of the evidence and the ability to verify and cross-examine such evidence”

14

Clause 43, page 35, line 15, leave out from "considers" to ", the director" and insert "there is admissible and credible evidence, having regard, in particular, to the age of the evidence and the ability to verify and cross-examine such evidence”

15

Clause 43, page 35, line 22, leave out from "considers" to ", the director" and insert "there is admissible and credible evidence, having regard, in particular, to the age of the evidence and the ability to verify and cross-examine such evidence”

44

Clause 43, page 35, line 33, after "appropriate” insert “and reliable"

47

✩ Clause 43, page 35, line 37, at end insert— "(6A) Where the referral for prosecution concerns a veteran of— (a) His Majesty's Armed Forces (including the Special Forces), (b) the United Kingdom Secret Intelligence Service, the Security Services or Government Communications Headquarters, (c) the Royal Ulster Constabulary, or (d) the Police Service of Northern Ireland the written permission of the relevant person as set out in subsection (6B) is required. (6B) For the purposes of section 6A, the relevant person is defined as follows— (a) the Director of Service Prosecutions (in the case of paragraph (a)), (b) the Chief of the Secret Intelligence Service of the United Kingdom (in the case of paragraph (b)), or (c) the Police Ombudsman of Northern Ireland (in the case of paragraphs (c) and (d)), shall be required prior to any such referral being made. (6C) When determining whether to give the permission required under subsection (6A), the relevant person must consider whether prosecution would have a negative impact on the proposed defendant's mental or physical health, giving particular attention to— (a) the proposed defendant's age and health; (b) any trauma that the proposed defendant suffered as a result of their service in Northern Ireland during the Troubles; (c) any medical evidence from the practicing doctor; and (d) the number of times that the individual has been previously investigated or given evidence to an investigation.”

35

Clause 51, page 40, line 17, "essential”, insert ", if the circumstances under investigation involve a person who has served in His Majesty's Armed Forces or a former member of the Royal Ulster Constabulary.”

29

Clause 51, page 40, line 20, at end insert— "(4A) For the purposes of this section, “context” is to be regarded as including recent incidents, operational orders, instructions of the day, military or policing intelligence briefings and daily briefing materials."

None

Clause 54, page 41, line 35, after “given)” insert “, if the individual in question is a person who has served in His Majesty's Armed Forces or a former member of the Royal Ulster Constabulary."

30

Clause 56, page 43, line 14, at end insert— "(2A) Restrictions under this section may be imposed if the individual subject to, or participating in, inquisitorial proceedings is a person who has served in His Majesty's Armed Forces or a former member of the Royal Ulster Constabulary."

16

Clause 61, page 47, line 1, leave out from “considers” to “, they” and insert “there is admissible and credible evidence, having regard, in particular, to the age of the evidence and the ability to verify and cross-examine such evidence”

17

Clause 61, page 47, line 8, leave out from "considers” to “, they” and insert "there is admissible and credible evidence, having regard, in particular, to the age of the evidence and the ability to verify and cross-examine such evidence”

18

Clause 61, page 47, line 15, leave out from "considers” to “, they” and insert "there is admissible and credible evidence, having regard, in particular, to the age of the evidence and the ability to verify and cross-examine such evidence”

19

Clause 61, page 47, line 26, after “appropriate” insert “and reliable"

31

Clause 69, page 54, line 25, after "proceedings" insert ", if the individual in question is a person who has served in His Majesty's Armed Forces or a former member of the Royal Ulster Constabulary"

20

Clause 84, page 67, line 3, at end insert— "(5) If during the course of an inquest it appears to the coroner that the death may have resulted from a criminal offence, he shall stop the inquest and refer the matter of potential criminality to the Director of Public Prosecutions.”

32

Clause 84, page 68, line 34 after “essential” insert “, if the inquest in question involves a person who has served in His Majesty's Armed Forces or a former member of the Royal Ulster Constabulary.”

33

Clause 84, page 69, line 2, after "A Person” insert “who has served in His Majesty's Armed Forces or a former member of the Royal Ulster Constabulary and who is"

45

John

Clause 84, page 69, line 2, after "A Person” insert “who has served in His Majesty's Armed Forces or a former member of the Royal Ulster Constabulary and who is"

None

✩ Clause 97, page 78, line 35, after “(2)” insert, “and subject to the provisions of subsections (3A) and(3B)”

46

✩ Clause 97, page 78, line 36, at end insert— "(3A) No regulations may be made by the Secretary of State under subsection (3) unless the condition in subsection (3B) is met. (3B) The condition in this subsection is that the Secretary of State must lay before both Houses of Parliament a written statement which outlines the steps undertaken by both the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland to implement the undertakings made in "The Legacy of the Troubles: A Joint Framework between the Government of the United Kingdom of Great Britain and Northern Ireland"

NC1

To move the following Clause— "Legacy Commission: Transparency of resourcing (1) The Secretary of State must, each financial year, lay a report before each House of Parliament on the resources allocated to the Legacy Commission. (2) Any report made under subsection (1) must include— (a) the resources made available to the Commission; and (b) the allocation of resources to investigations relating to— (i) state actors, and (ii) non-state actors. (3) Within two months of the publication of a report made under subsection (1), the Secretary of State must make time available in both Houses of Parliament for a debate on the report.”

NC2

To move the following Clause— "Disqualification from appointment of Persons with Terrorist Associations (1) A person (X) is disqualified from being appointed, or from continuing to serve, as— (a) a Commissioner of the Legacy Commission, (b) a Director of Investigations, (c) a member of the judicial panel, (d) an officer of the Legacy Commission, or (e) a member of the Victims and Survivors Advisory Group, if subsection (2) applies to that person. (2) This subsection applies where person (X)— (a) is, or has been, convicted of a terrorist offence within the meaning of section 1 of the Terrorism Act 2000; (b) is, or has been, a member of a proscribed organisation within the meaning of section 3 of that Act; or (c) has publicly advocated for, justified, or glorified the commission of acts of terrorism connected with the Troubles (3) The Secretary of State must, before confirming any appointment under this Act, require candidates to declare any matter that would fall within subsection (2). (4) The Secretary of State must terminate the appointment of any person who becomes disqualified under this section. (5) For the avoidance of doubt, nothing in this section prevents the appointment of a person whose only connection to the Troubles was as an innocent victim or survivor."

NC3

To move the following Clause— "Lack of legal effect for 'comfort letters' or assurances (1) For the avoidance of doubt no "comfort letter" or other assurance of no police investigation or prosecution provided at any time to any person can have any lawful effect. (2) This section is to be treated as always having had effect."

NC4

To move the following Clause— "Principles when examining activities of veterans of armed forces or police service In evaluating the actions or omissions of any person under investigation while serving in the armed forces or the police there shall be a rebuttable presumption that there was no criminal mens rea involved.”

NC5

To move the following Clause— "Support for former members of the Royal Ulster Constabulary The Secretary of State must ensure, within six months of this Act receiving Royal Assent, that an equivalent package of practical and financial support and assistance is provided to former members of the Royal Ulster Constabulary, facing investigations or inquisitorial proceedings under the provisions of this Act, as is provided by the Ministry of Defence to former members of His Majesty's Armed Forces.”

NC6

✩ To move the following Clause— "Requirement to not make remedial orders in respect of the Northern Ireland (Legacy and Reconciliation) Act 2023 (1) No remedial order may be made by the Secretary of State under Section 10 of the Human Rights Act 1999 in respect of any part of the Northern Ireland (Legacy and Reconciliation) Act 2023. (2) Any remedial order in respect of the Northern Ireland (Legacy and Reconciliation) Act 2023 that was made prior to this Act receiving Royal Assent is to be regarded as having no legal effect. (3) If a remedial order had been made in relation to the Northern Ireland (Legacy and Reconciliation) Act 2023 prior to this Act receiving Royal Assent, the Secretary of State must, within a month of this Act coming into force, lay before Parliament regulations to repeal the remedial order. (4) Regulations under subsection (3) may not be made unless a draft of the statutory instrument containing them has Secretary of State been laid before, and approved by a resolution of, each House of Parliament."

8

Schedule 1, page 82, line 23, at end insert— “(cc) the person has previously held one or more of the following offices— (i) a member of the Northern Ireland Assembly; (ii) a councillor (within the meaning of the Local Government Act (Northern Ireland) 2014 – see section 126(1) of that Act); (iii) a Member of Parliament representing a constituency in Northern Ireland, or (iv) a Member of the European Parliament representing any constituency in Northern Ireland,"

42

Schedule 1, page 86, leave out Part 4

37

Schedule 5, page 101, line 39, leave out from "permitted” to the end of paragraph (5)

38

Schedule 5, page 103, leave out paragraphs (8) to (13)