Northern Ireland Troubles Bill 2024-26

116

Clause 7, page 5, line 6, after “victims” insert “, veterans”

117

Clause 8, page 5, line 11, leave out “so far as practicable”

118

Clause 8, page 5, line 31, at end insert— “(7A) The Secretary of State must appoint an Independent Reviewer whose function is to— (a) monitor and assess whether the views and interests of each member are being adequately represented within the Group; (b) produce an annual report on the effectiveness of the Group’s representational balance and engagement with the Legacy Commission; and (c) make recommendations to the Secretary of State for improving the Group’s composition or consultative practices where imbalances or deficiencies are identified.”

119

Clause 11, page 7, line 7, at end insert— “(g) the principle that all investigatory and inquisitorial functions should be exercised proportionately, having regard to the public interest in further inquiry and the likely evidential value of what it may yield.”

120

Clause 14, page 9, line 24, leave out from second “person” to end of line 25 and insert “(other than a veteran) to attend at a time and place stated in the notice, and in the case of a veteran may require such attendance only where compliance cannot reasonably be secured by remote or electronic means—”

138

Clause 14, page 10, line 6, at end insert— “(5A) A notice under this section may not require a person to attend to give oral evidence when the provisions of section [Mandatory Compliance with Medical Certificate] apply. (5B) Nothing in this section requires the disclosure of full medical records, except in accordance with section [Mandatory Compliance with Medical Certificate].”

123

Clause 30, page 24, line 9, leave out from “unless” to end and insert “material new evidence exists which was not available to previous investigators and the Directors of Investigations acting jointly have issued a written “New Evidence Certificate” which— (i) identifies the specific material relied upon as constituting such material new evidence; (ii) confirms that the material was not reasonably available at the time of any previous investigation or inquest; (iii) explains why any further investigation or duplication is essential and proportionate, having regard in particular to— (A) the passage of time; (B) the age and health of any person likely to be investigated; (C) the likelihood that the new evidence could realistically lead to information capable of being provided to a prosecutor; and is published, subject only to national security and GDPR redactions.”

125

Clause 31, page 25, line 31, leave out paragraph (b) and insert— “(b) must (in particular) ensure that the Legacy Commission does not do anything which duplicates any aspect of that investigation unless— (i) a New Evidence Certificate has been issued under section 30 and, (ii) in the Directors’ view, the duplication is essential.”

126

Clause 32, page 26, line 7, leave out paragraph (b) and insert— “(b) owing to material new evidence in respect of which a New Evidence Certificate has been issued under section 30, there is a realistic prospect of information obtained through the investigation being provided to a prosecutor under section 43,”

130

Clause 36, page 28, line 27, leave out subsection (3) and insert— “(3) The Director must decide that the investigation is to be carried out as a criminal investigation only where— (a) material new evidence exists, or there is evidence which has not previously been properly considered; and (b) such evidence is capable of demonstrating that the relevant conduct constituted an offence at the time it occurred; and (c) there is a realistic prospect that the relevant prosecutorial authority would decide that it is in the public interest for a person to be prosecuted in respect of that conduct, having regard to the passage of time and to the nature and quality of the evidence.”

131

Clause 36, page 28, line 33, at end insert “, but may only do so where— “(a) material new evidence exists in respect of which a New Evidence Certificate has been issued under section 30, or there is evidence which has not previously been properly considered; and (b) determining those facts is fair and proportionate, having regard in particular to the matters set out in sections 36(10) and 36(10A).”

127

Clause 36, page 29, line 7, leave out paragraph (b) and insert— “(b) must (in particular) ensure that the Legacy Commission does not do anything which duplicates any aspect of any such previous investigation unless— (i) a New Evidence Certificate has been issued under section 30 and, (ii) in the Director’s view, the duplication is essential.”

132

Clause 36, page 29, line 20, leave out paragraph (a) and insert— “(a) the conduct to which the investigation relates occurred, including the operational orders, briefings, intelligence assessments and perceived threat conditions prevailing at the time; and”

133

Clause 36, page 29, line 21, at end insert— “(10A) In carrying out an investigation, the Director must also have regard to— (a) the time that has elapsed since the events under investigation; (b) the possible deterioration or unavailability of evidence; and (c) the need to ensure that any further inquiry or questioning remains fair and proportionate in light of (a) and (b).”

121

Clause 38, page 30, line 33, at end insert— “(6A) Where section [Continuance of investigations and proceedings where information is withheld] applies, the final report must state whether a determination under that section was made and, if so, the outcome of that determination.”

124

Clause 28, page 21, line 31, leave out paragraph (b) and insert— “(b) there is material new evidence in respect of which a New Evidence Certificate has been issued under section 30, and there is a realistic prospect of information obtained through the investigation being provided to a prosecutor under section 43.”

139

Clause 28, page 23, line 3, at end insert— “(11A) A decision under this section is subject to section (Review of certain decisions relating to Veterans) where that section applies.”

140

Clause 43, page 35, line 37, at end insert— “(6A) A decision under this section is subject to section (Review of certain decisions relating to Veterans) where that section applies.”

128

Clause 51, page 40, line 15, leave out paragraph (b) and insert— “(b) must (in particular) ensure that they do not do anything which duplicates any aspect of any such previous investigation unless— (i) a New Evidence Certificate has been issued under section 30 and, (ii) in their view, the duplication is essential.”

134

Clause 51, page 40, line 17, leave out subsection (4) and insert— “(4) The relevant judicial panel member must ensure that, in the carrying out of the proceedings, regard is had to— (a) the context in which the conduct examined in the course of the proceedings occurred, including— (i) operational orders given to personnel; and (ii) briefings, intelligence assessments and perceived threat conditions prevailing at the time. (b) any earlier criminal investigation of that conduct occurred.”

135

Clause 51, page 40, line 20, at end insert— “(4A) In carrying out the proceedings, the relevant judicial panel member must also have regard to— (a) the time that has elapsed since the events under investigation; (b) the possible deterioration or unavailability of evidence; and (c) the need to ensure that any further inquiry remains fair and proportionate in light of (a) and (b).”

141

Clause 61, page 48, line 10, at end insert— “(10) A decision under this section is subject to section (Review of certain decisions relating to Veterans) where that section applies.”

122

Clause 62, page 48, line 23, at end insert— “(4A) Where section [Continuance of investigations and proceedings where information is withheld] applies, the final report must state whether a determination under that section was made and, if so, the outcome of that determination.”

136

Clause 69, page 54, line 23, leave out “have regard to the” and insert “not take any decisions which will, or are likely to, unreasonably impact the”

137

Clause 69, page 54, line 25, at end insert— “(3) In determining reasonableness in this section, the relevant Directors of Investigations or relevant judicial panel member must have specific regard to— (a) the number of prior investigations or interviews the individual giving evidence or participating in the investigation or proceedings has participated in; (b) the intrusiveness of the step; (c) the availability of less intrusive means by which to obtain the evidence or benefit of the individual’s participation in proceedings; and (d) the importance of the individual’s participation or evidence in the investigation as a whole.”

129

Clause 84, page 68, line 33, leave out subsection (3) and insert— “(3) A coroner conducting a resumed inquest must not do anything which duplicates anything previously done in connection with the inquest unless— (a) a New Evidence Certificate has been issued under section 30 and, (b) in their view, the duplication is essential.”

142

Clause 85, page 70, line 39, at end insert— “(5) A decision under this section is subject to section (Review of certain decisions relating to Veterans) where that section applies.”

NC24

To move the following Clause— “Continuance of investigations and proceedings where information is withheld (1) Where information relevant to an investigation under Part 3 or inquisitorial proceedings under Part 4 is not disclosed by virtue of— (a) section 17(2); (b) a restriction notice or restriction order under section 56; or (c) any other enactment or rule of law, the relevant decision-maker must determine whether, in the absence of that information, the investigation or proceedings can properly and fairly continue with regard to Article 6 of the European Convention on Human Rights. (2) In making a determination under subsection (1), the relevant decision-maker must consider— (a) the need to ensure that any investigation or proceedings are conducted consistently with the principles set out in section 11; (b) the need to secure public confidence in the work of the Legacy Commission; and (c) whether the evidence available is sufficient to justify continuation. (3) If the relevant decision-maker determines that the investigation or proceedings cannot properly and fairly continue, they must not take further steps in relation to the investigation or proceedings. (4) In this section “relevant decision-maker” means— (a) the relevant Director of Investigations; or (b) the relevant judicial panel member.”

NC25

To move the following Clause— “Cold-calling protocol (1) The Secretary of State must by regulations make provision for a protocol (“the cold-calling protocol”) to ensure that any contact with a veteran, in connection with any matter arising under or by virtue of this Act, is made only through channels supported by the Ministry of Defence. (2) Regulations made under subsection (1) must— (a) prohibit direct or unsolicited approaches to a veteran by or on behalf of the Legacy Commission, the Independent Commission on Information Retrieval, or any other body exercising functions under this Act, otherwise than in accordance with the cold-calling protocol; (b) provide that any permitted contact with a veteran is to be made only— (i) with the knowledge and support of the Ministry of Defence, and (ii) through a representative authorised for that purpose by the Ministry of Defence; (c) secure that, from the first point of contact, the veteran is afforded access to advice and assistance arranged by or on behalf of the Ministry of Defence; and (d) make provision for the recording and oversight of contacts made in accordance with the protocol. (3) Regulations made under this section (1) are subject to the affirmative statutory instrument procedure.”

NC26

To move the following Clause— “Independent Reviewer of Veteran Safeguards (1) The Secretary of State must also appoint a person (“the Independent Reviewer of Veteran Safeguards”) to monitor the operation and effectiveness of— (a) the cold-calling protocol made under section [Cold Calling Protocol], and (b) any other arrangements made under or by virtue of this Act for the protection of veterans. (2) The Independent Reviewer must, in particular— (a) keep under review the implementation of the cold-calling protocol by the Legacy Commission, the Independent Commission on Information Retrieval, and any other body exercising functions under this Act; (b) assess the adequacy of the steps taken by those bodies, and by the Ministry of Defence, to ensure compliance with that protocol; and (c) make recommendations to the Secretary of State about any remedial or preventive action that appears to the Reviewer to be necessary or desirable. (3) The Independent Reviewer must, as soon as practicable after the end of each financial year, prepare and give to the Secretary of State a report on the performance of the Reviewer’s functions during that year. (4) The Secretary of State must— (a) lay a copy of each report given under subsection (3) before Parliament, and (b) publish each report in such manner as the Secretary of State considers appropriate. (5) The Secretary of State may make payments to, or in respect of, the Independent Reviewer in connection with the performance of the Reviewer’s functions.”

NC27

To move the following Clause— “Presumption against prosecuting veterans In determining whether to institute, or continue, criminal proceedings in respect of conduct forming part of the Troubles, the relevant prosecutorial authority must have regard to the principle that it is to be exceptional for such proceedings to be brought or continued against a veteran, unless the evidential threshold is satisfied by material new evidence and it is in the public interest to do so, having regard to the passage of time and to the nature and quality of the evidence.”

NC28

To move the following Clause— “Duty to have regard to age and health of witnesses (1) This section applies where an investigation under Part 3 of this Act, or inquisitorial proceedings under Part 4 of this Act, are being carried out. (2) The Directors of Investigations and judicial panel members must, in exercising their functions in relation to investigations or inquisitorial proceedings, have specific regard to— (a) the age and operational experience of any person at the time of the events being examined; and (b) their current age, health and wellbeing when determining whether to compel participation or evidence.”

NC29

To move the following Clause— “Presumption of anonymity for veterans (1) A Veteran is entitled to anonymity in relation to— (a) any investigation under Part 3, (b) any inquisitorial proceedings under Part 4, and (c) any publication, report or disclosure made under, or by virtue of, this Act, unless the Secretary of State determines that the disclosure of the veteran’s name or identity is necessary in the public interest. (2) In determining whether disclosure is necessary in the public interest for the purposes of subsection (1), the Secretary of State must have regard, in particular, to— (a) the significance of disclosing the information to public understanding of the conduct or event to which it relates; (b) the extent to which non-disclosure would prejudice the administration of justice; and (c) the degree of risk to the veteran’s safety, welfare or private life that disclosure would be likely to cause.”

NC30

To move the following Clause— “Mandatory Compliance with Medical Certificate (1) This section applies where a person (“P”) is required, or has been requested, to give evidence in connection with— (a) an investigation under Part 3; (b) inquisitorial proceedings under Part 4; or (c) a resumed inquest under Part 7. (2) Where P has provided a certificate issued by a registered medical practitioner stating that P is unfit to give oral evidence, the relevant decision-maker must not require P to give oral evidence unless subsection (3) applies. (3) Where there are substantial grounds to believe that a medical certificate produced by P has been procured by fraud, or in any other way dishonestly, the relevant decision-maker may require P to disclose their full medical records for the purposes of determining P’s fitness to give evidence. (4) Where medical records have been requested under subsection (3), P is under no obligation to supply those records to any person other than the relevant decision maker and such records shall not be supplied by the decision maker to any other individual. (5) Save where the circumstances described in subsection (3) apply, and the decision-maker determines that P is in fact fit to give evidence, no adverse inference may be drawn from any person’s reliance on medical unfitness certification. (6) For the purpose of this section, “the relevant decision-maker” means— (a) the relevant Director of Investigations; (b) the relevant judicial panel member; or (c) the coroner conducting the resumed inquest (as the case may be).”

NC31

To move the following Clause— “Review of certain decisions relating to Veterans (1) This section applies where a decision is made under— (a) section 28(11) (requests for investigations by certain persons); (b) section 43 (referral to prosecutors: investigations); (c) section 61 (referral to prosecutors: inquisitorial proceedings); or (d) any provision of Part 7 (inquests). (2) A person to whom the decision relates may, within such period as may be prescribed by regulations made under the affirmative statutory instrument procedure by the Secretary of State, request that the decision be reviewed in accordance with this section. (3) Where a request is made under subsection (2), the decision must be referred to— (a) the Attorney General for England and Wales; (b) a person appointed by the Attorney General for England and Wales who— (i) holds or has held high judicial office in the courts of England and Wales; and (ii) does not hold office in Northern Ireland. (4) A reviewer under subsection (3) may— (a) confirm the decision; (b) quash the decision; (c) remit the decision to the original decision maker for reconsideration, together with directions as to the matters to which regard must be had in reconsidering the decision.”

Sir lain Duncan Smith

Page 1, line 3, leave out Clause 1

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."

113

Clause 84, page 67, line 10, leave out from "must" to end of line 12

114

Clause 84, page 67, leave out lines 17 to line 6 on page 68

115

Clause 84, page 68, leave out line 16

Page 1, line 3, leave out Clause 1

110

★ Clause 84, page 66, line 18, leave out paragraph (b)

109

★ Clause 84, page 66, line 18, leave out paragraph (b) and insert- "(ab) for subsection (2) substitute- "the Presiding coroner has the power to allocate a coroner to resume and conduct such inquests." (ac) Omit subsection (3)."

111

★ Clause 84, page 67, leave out from the beginning of line 4 to the end of line 11 on page 68

112

★ Clause 84, page 69, leave out from the beginning of line 35 to the end of 16 on page 70

Page 1, line 3, leave out Clause 1

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.”

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.”

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."

56

Clause 2, page 2, line 18, at end insert— "(7) No provisions of this Act are to be understood as suggesting any form of equivalence between terrorist actors and the British Armed Forces, security or police services.”

48

Clause 3, page 2, line 29, after “(section 7)” insert "and, (f) the Northern Ireland Veterans Commissioner.”

82

lan Sollom

Clause 3, page 3, line 2, at end insert- "(e) to offer to refer parties to relevant conduct to restorative justice processes as an alternative to referral to prosecution where investigations or inquisitorial proceedings under this Act find evidence that offences have been committed (see section [Restorative justice procedures]).”

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.”

53

Clause 3, page 3, line 7, leave out from ", and” until end of line 8

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"

75

lan Sollom

Clause 8, page 5, line 17, at end insert- "(iii) one or more persons who is a veteran.”

21

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.”

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 been, or is, a member of a political party that has any links to, or supports, any paramilitary or terrorist organisations past or present.”

1

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.”

2

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)

85

Clause 10, page 6, line 16, leave out “would risk damaging, or"

64

Clause 11, page 7, line 5, leave out "human rights should be respected” and insert "human rights standards must be complied with"

77

lan Sollom

Clause 11, page 7, line 7, at end insert— "(g) the principle that veterans who served the United Kingdom should not face disproportionate legal action through the conduct of the Legacy Commission."

81

lan Sollom

Clause 11, page 7, line 8, at end insert- "(g) the principle that restorative justice procedures can play a meaningful and appropriate role in addressing the legacy of the Troubles by- (i) facilitating honesty, (ii) supporting victims and survivors, and (iii) promoting reconciliation.”

55

Clause 12, page 7, line 15, leave out “constable” and insert “Chief Constable, as provided for under the Regulation of Investigatory Powers Act 2000”

80

lan Sollom

Clause 14, page 9, line 37, at end insert- "(3A) A notice under subsection (2) or (3) may not be issued to a veteran who has previously provided information under the provisions of this section, unless-

86

Clause 16, page 11, line 36, leave out "would risk damaging, or"

87

Clause 16, page 12, line 5, leave out “person considering whether information is prejudicial information" and insert "Director of Public Prosecutions for Northern Ireland"

65

Clause 17, page 12, line 18, leave out from “person” to the end of line 41 and insert ", unless in the view of the Commission the disclosure of such information would lead to a breach of any individual's rights under the European Convention of Human Rights."

88

Clause 17, page 12, line 18, leave out from “person” to the end of line 41 and insert ", unless in the view of the Commission the disclosure of such information would lead to a breach of any individual's rights under the European Convention of Human Rights."

89

Clause 17, page 12, line 21, after “concerned” insert ", unless a judicial panel member finds that it is necessary and proportionate to do so"

54

Clause 17, page 12, line 38, after "proceedings” insert ", if any restriction notice has been approved by a judicial panel member"

66

Clause 17, page 12, line 41, at end insert- "(11) Within six months of this section coming into force, and every six months thereafter, the Legacy Commission must report on any incidences in which the Secretary of State, under the provisions of Prohibition C in subsection (6) and paragraph 5 of Schedule 4, has either— (a) prohibited the disclosure of, or (b) ordered the redaction of material that has been identified by the Secretary of State as protected international information. (12) In the case of material falling under paragraph 11(b), the report specified in subsection (11) must include any determination made by the Legacy Commission as to whether the redactions resulted in the material being of no use to them in their investigations. (13) Within a month of each report published by the Legacy Commission under subsection (11), the Secretary of State must make a statement before both Houses of Parliament responding to the report's conclusions."

67

Page 13, line 1, leave out Clause 18

70

Clause 20, page 14, line 24, leave out subsections (1) and (2)

62

Clause 23, page 17, line 36, after "appropriate” insert "; (k) the number of occasions during that reporting period when an employee of the Commission either- (i) declared; or (ii) was determined, following an internal review, to have; a conflict of interest in relation a case referred to the Commission.”

4

Clause 26, page 20, line 14, at end insert— “(3A) The statement must set out the manner in which the Legacy Commission is to exercise its investigatory function so as to ensure compliance with its human rights obligations, including, but not limited to, Articles 2 and 3 of the European Convention on Human Rights.”

68

Clause 27, page 20, line 34, leave out subsection (3)

103

Cameron

Thomas

lan Sollom

Clause 30, page 23, line 22, at end insert- "(2A) Where the request relates to a matter which has previously been the subject of investigatory or inquisitorial proceedings, no further investigation may be accepted by the Directors unless- (a) materially new evidence has been brought to their attention, and (b) as a result of that new evidence, a re-investigation would, in their opinion, be proportionate, necessary, and in the public interest for maintaining confidence and trust in the justice system. (c) Where (a) and (b) are satisfied, the Directors must issue a certification confirming that those conditions have been met.”

25

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.”

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."

63

Clause 36, page 29, line 36, at end insert- "(c) A'previous investigation' refers solely to investigations which complied with the full requirements of Articles 2 or 3 of the European Convention on Human Rights."

69

Clause 39, page 31, line 20, leave out from “period,” to end of paragraph (b) and insert "an additional and non-renewable period of no more than 60 days may be granted by the Secretary of State and notified to the judicial panel member before the end of the original period of 60 days."

83

lan Sollom

Clause 43, page 35, line 7, at end insert “and no decision to refer to a restorative justice procedure has been made."

12

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"

13

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”

14

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”

15

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

44

Clause 43, page 35, line 37, at end insert— "(6A) No referral for prosecution is to be made for a person who served in— (a) His Majesty's Armed Forces (including the United Kingdom Special Forces), (b) the Secret Intelligence Services, (c) the Government Communications Headquarters, (d) the Royal Ulster Constabulary, or (e) the Police Service of Northern Ireland, when the conduct under investigation arose as a result of that person acting in accordance with operational decisions."

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

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."

35

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."

76

lan Sollom

Clause 54, page 41, line 32, after “person” insert "who is not a veteran"

29

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."

78

lan Sollom

Clause 54, page 41, line 37, at end insert— "(2A) Where a veteran is required to give evidence in inquisitorial proceedings, the judicial panel member must give permission for such evidence to be given through a live audio or live video link, whether from within or outside the United Kingdom, unless the Director or Directors of Investigations can

108

Clause 56, page 43, line 8, leave out "." and insert “unless such restrictions would lead to the concealment of the involvement of a state agent in rape or other sexual offences."

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."

84

lan Sollom

Clause 61, page 46, line 37, at end insert "and no referral to a restorative justice procedure has been made."

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"

71

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

31

Clause 63, page 49, line 16, leave out from "period,” to end of paragraph (b) and insert "an additional and non-renewable period of no more than 60 days may be granted by the Secretary of State and notified to the judicial panel member before the end of the original period of 60 days."

72

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”

73

Page 61, line 7, leave out Clause 77

74

Page 62, line 24, leave out Clause 79

51

Clause 82, page 64, line 39, after "ICIR” insert ", and (h) analysis of the ICIR's engagement with non-state actors”

20

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.”

32

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.”

33

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.”

49

Page 66, line 5, leave out Clause 84

50

Page 70, line 17, leave out Clause 85

105

Clause 89, page 73, line 1, leave out subsection (4)

106

Clause 90, page 73, line 7, leave out "does not affect the quashing of the conviction, but" and insert "shall not be applied retrospectively, and"

107

Clause 90, page 73, line 8, after “is” insert "not"

79

lan Sollom

Clause 94, page 78, line 19, at end insert— ""veteran” is a person who— (a) has served for at least one day in His Majesty's Armed Forces, whether as a member of the regular forces or the reserve forces, (b) has served as a member of the Royal Ulster Constabulary, (c) has served as a prison officer, including service in the Northern Ireland Prison Service, or (d) has served in a police support, reserve, or auxiliary role connected with the maintenance of security during the Troubles, as may be specified by regulations made by the Secretary of State, but has not at any time been a member of, or acted in support of, a terrorist or proscribed organisation within the meaning of the Terrorism Act 2000, or knowingly taken part in, assisted, or enabled the carrying out of a terrorist act connected with the Troubles."

45

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

46

Sir lain Duncan Smith

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.

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- "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."

NC7

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 been laid before, and approved by a resolution of, each House of Parliament."

Sir lain Duncan Smith

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.”

NC8

To move the following Clause- "Relevant authorities under the Regulation of Investigatory Powers Act: Legacy Commission (1) The Regulation of Investigatory Powers Act 2000 is amended as follows. (2) In Section 31, subsection (2), after paragraph (a), insert- "(ab) The Legacy Commission.” (3) In Section 32, subsection (6), after paragraph (n), insert— "(o) The Director(s) of Investigation of the Legacy Commission.” (4) In Section 33, after subsection (4A) insert— "(4AZA) The Legacy Commission shall not grant an authorisation for the carrying out of intrusive surveillance except on an application made by the Director(s) of Investigation.” (5) In Section 33, subsection (5A), after paragraph (b) insert- "(ba) The Legacy Commission." (6) In Section 34, subsection (4), after paragraph (m), insert— "(n) a person is entitled to act for the Legacy Commission if they are the Director(s) of Investigation of the Legacy Commission.” (7) In Section 51, subsection (2), after “Her Majesty's Revenue and Customs" insert ", the Legacy Commission”. (8) In Section 51, subsection (2), after paragraph (b) insert— "(ba) in the case of a direction by the Legacy Commission, except by or with the permission of the Director(s) of Investigation of the Legacy Commission;" (9) In Section 51, subsection (3), after "the Commissioners for Her Majesty's Revenue and Customs” insert ", the Director(s) of Investigation of the Legacy Commission". (10) In Section 55, subsection (1), after paragraph (b) insert— "(zba) The Director(s) of Investigation of the Legacy Commission;" (11) In Section 56, subsection (1), after paragraph (ha) insert— "(hab) The Director(s) of Investigation of the Legacy Commission;"

NC9

To move the following Clause- ""On the runs": no immunity from prosecution It is recognised that the “on the runs” administrative scheme did not grant immunity from prosecution.”

NC12

To move the following Clause- "Duty to promote reconciliation (1) The Secretary of State must publish a strategy for the promotion of reconciliation in Northern Ireland arising from and in connection with the implementation of this Act. (2) The strategy must set out how the Secretary of State intends to— (a) support the transition from the legacy of the Troubles to a stable and shared future; (b) foster constructive relationships between different communities in Northern Ireland; and (c) acknowledge the suffering of victims and survivors. (3) In preparing the strategy, the Secretary of State must consult- (a) the Legacy Commission; (b) the Northern Ireland Affairs Committee of the House of Commons; (c) the Victims and Survivors Advisory Group; and (d) such other persons as the Secretary of State considers appropriate. (4) The Secretary of State must lay a copy of the strategy before both Houses of Parliament within six months of the Act coming into force. (5) In this section, references to the Northern Ireland Affairs Committee shall, if the name of the Committee is changed, be taken to be references to the Committee by whatever name it is for the time called."

NC13

To move the following Clause- "Tort, delict and fatal accident actions (1) A relevant Troubles-related civil action that was brought on or after the day of the First Reading in the House of Commons of the Bill for this Act may not be continued on and after the day on which this section comes into force. (2) A relevant Troubles-related civil action may not be brought on or after the day on which this section comes into force. (3) For the purposes of this section an action is a “relevant Troubles-related civil action" if conditions A, B and C are met. (4) Condition A: the action is to determine a claim arising out of conduct forming part of the Troubles. (5) Condition B: the action is founded on- (a) tort or delict, (b) a cause of action arising under fatal accidents legislation, or (c) a cause of action arising under the law of any other jurisdiction that corresponds to- (i) tort or delict, or (ii) a cause of action arising under fatal accidents legislation. (6) Condition C: the time limit for bringing the action was, or would be (in the absence of this section), given in— (a) the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)), (b) the Foreign Limitation Periods (Northern Ireland) Order 1985 (S.I. 1985/754 (N.I. 5)), (c) the Limitation Act 1980, (d) the Foreign Limitation Periods Act 1984, (e) the Prescription and Limitation (Scotland) Act 1973, or (f) section 190 of the Merchant Shipping Act 1995; (including where a court has permitted the action to be brought outside such a time limit). (7) Subsection (1) does not stop a relevant Troubles-related civil action from being continued on and after the day on which this section comes into force, if the court of first instance has given a final judgment on, or otherwise finally determined, the matter in dispute before that day (including by a default judgment or a consent order or, in Scotland, by a decree in absence, decree by default or summary decree). (8) Where subsection (1) or (2) stops an action from being continued, or brought, on or after the day on which this section comes into force, that subsection— (a) does not stop costs proceedings from being continued or begun on or after that day; but (b) otherwise stops the proceedings in the action, and any other related proceedings, from being continued or begun on or after that day. (9) In this section— “costs proceedings”, in relation to a relevant Troubles-related civil action, means proceedings to determine or recover costs (in Northern Ireland or England and Wales) or expenses (in Scotland) of the action; "fatal accidents legislation” means— (a) the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (N.I. 18)), (b) the Fatal Accidents Act 1976, or (c) section 4 of the Damages (Scotland) Act 2011 (asp 7); "matter in dispute”, in relation to a relevant Troubles-related civil action, means the claim (referred to in subsection (4)) which arises out of conduct forming part of the Troubles and which the action is to determine; "other jurisdiction”, in relation to a relevant Troubles-related civil action, means a jurisdiction (whether within or outside the United Kingdom) other than the jurisdiction in which that action is, or would be, brought; "other related proceedings”, in relation to a relevant Troubles-related civil action, means proceedings which relate to, or arise out of the action (including any enforcement action and any appeal), except for costs proceedings; "2008 Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters."

NC14

To move the following Clause— "Investigations: ability to accept referrals for conduct after 10 April 1998 (1) The Legacy Commission may accept any request for an investigation into conduct which would be considered conduct “forming part of the Troubles" had it occurred between 1 January 1966 and 10 April 1998 where that conduct caused- (a) a person's death, or (b) a person to suffer serious mental or physical harm, and where an investigation had previously occurred but was subsequently found to not be compliant with Articles 2 or 3 of the European Convention of Human Rights. (2) The Legacy Commission may accept such a request notwithstanding the conduct in question occurring after the time period specified in Section 2 of this Act, provided that the Commission is satisfied that the conduct in question was related to the Troubles."

NC15

To move the following Clause- "Inquisitorial Proceedings: ability to make a finding of state collusion (1) This section applies where inquisitorial proceedings have been carried out. (2) In producing a final report on the findings of the proceedings, the relevant judicial panel member may, if satisfied that they have received clear evidence that "state actors” were involved in the breach of an individual's rights under Articles 2 or 3 (or both) of the European Convention of Human Rights, make a finding of collusion between the UK Government and paramilitary organisations. (3) For the purpose of subsection (2), “state actors” includes members of His Majesty's Armed Forces, security or police services.”

NC16

To move the following Clause- "Independent reviewer of the safeguards for veterans under this Act (1) The Secretary of State must appoint an Independent Reviewer to monitor the application of the safeguards for veterans contained in this Act. (2) Within a year of their appointment, and every year thereafter, the Independent Reviewer must lay a report before both Houses of Parliament on the effectiveness of the safeguards for veterans contained in this Act. (3) In producing the reports specified in subsection (2), the Independent Reviewer may make any such recommendations for the reform of the safeguards as they deem appropriate. (4) The Independent Reviewer established under subsection (2) shall be appointed for a five-year term, renewable for a single additional term by the Secretary of State. (5) In this section, "armed forces" has the meaning given by section 94."

NC17

To move the following Clause- "Protections for veterans involved in investigations or inquisitorial proceedings (1) Where inquisitorial proceedings under Part 4 involve a person who is a veteran, a restriction notice or restriction order made under section 56 must prohibit the identification of that person in any proceedings or publications, whether directly or indirectly, unless the Secretary of State determines that disclosure is necessary in the public interest. (2) The Legacy Commission must not contact a veteran directly regarding an investigation under Part 3 or inquisitorial proceedings under Part 4, and contact relating to such matters must be made through the relevant official channel. (3) The “relevant official channel” for the purposes of subsection (2) is either the Ministry of Defence or the Police Service of Northern Ireland, or such other body as the Secretary of State may by regulations specify. (4) If any contact is made with a veteran under subsection (2), the veteran must be provided with appropriate welfare and support in connection with that contact from the relevant official channel. (5) In applying section 69 (Duty to have regard to welfare of witnesses etc.), the relevant Director of Investigations or relevant judicial panel member must— (a) not take any investigative step that would unreasonably impact the physical or mental health of a veteran, and (b) have regard for the cumulative and longitudinal impact of any previous investigations or questioning of that veteran.”

NC18

To move the following Clause- "The work of the Legacy Commission: Principles of restorative justice (1) Within six months of commencement of this Act, the Legacy Commission must report on how it will incorporate the principles of restorative justice into its work. (2) The report produced under subsection (1) must include consideration of the following- (a) ways in which the Legacy Commission could facilitate or offer restorative justice processes as part of its work; (b) ways in which restorative justice can play a meaningful and appropriate role in addressing the legacy of the Troubles by- (i) facilitating truth-telling; (ii) supporting victims and survivors who wish to engage in non-adversarial processes, and; (iii) promoting acknowledgement, reconciliation, and understanding without displacing formal accountability mechanisms; (c) any steps that it recommends the Government take to support the Legacy Commission in incorporating the principles of restorative justice in its work. (3) The report produced under subsection (1) must be made public. (4) Within three months of the publication of the Legacy Commission's report, the Government must lay a report of its response before Parliament. (5) The Government response must include- (a) any steps it will take to enable and support the Legacy Commission in incorporating the principles of restorative justice in its work; and (b) where it rejects the recommendations of the Legacy Commission, its reasons for doing so."

NC19

lan Sollom

To move the following Clause- “Referral to restorative justice procedures (1) Where an investigation under Part 1 has been carried out and the relevant Director of Investigations considers that there is evidence that relevant conduct by an individual, whose identity is known to that Director, constitutes an offence under the law of England and Wales, Scotland or Northern Ireland, the Director may offer to refer the parties to the conduct to a restorative justice process. (2) Where an investigation under Part 4 has been carried out and the relevant judicial panel member considers that there is evidence that relevant conduct by an individual whose identity is known to the judicial panel member constitutes an offence, the judicial panel member may offer to refer the parties to the conduct to a restorative justice process. (3) No referral to a restorative justice process can be made without the consent of every party to the conduct who would be entitled to be a participant in the activity. (4) For the purposes of this Act, “a restorative justice process” means an activity— (a) where the participants consist of the individuals referred under subsection (1) or (2) and at least one victim or survivor of the relevant conduct; (b) which aims to maximise awareness of the impact of the relevant conduct on the victims; and (c) which gives an opportunity to victims and survivors to talk about, or by other means express experience of, the conduct and its impact. (5) A person running an activity for the purposes of a restorative justice referral must have regard to any guidance issued by the Secretary of State with a view to encouraging good practice in connection with such an activity. (6) In this Act, “parties to the relevant conduct" means the offender and one or more of the victims or survivors of the relevant conduct. (7) In this section, “relevant conduct” has the same meaning as given in section 43(7)."

NC20

To move the following Clause- "Comfort letters: lack of validity The "comfort letters” issued by the UK Government under the “on the run” administrative scheme do not have, nor have ever had, any lawful effect and do not provide immunity from prosecution, nor may they impede any future prosecution.”

NC21

To move the following Clause- "Protection for conduct carried out in accordance with contemporaneous Rules of Engagement in respect of Troubles related conduct (1) No criminal investigations, prosecutions, inquests or inquiries shall be commenced in respect of Troubles related conduct carried out in Northern Ireland by- (a) His Majesty's Armed Forces (including the United Kingdom Special Forces), (b) the Secret Intelligence Services, (c) the Government Communications Headquarters, (d) the Royal Ulster Constabulary, or (e) the Police Service of Northern Ireland, unless the condition in subsection (2) has been met. (2) The condition is that— (a) there is new and compelling evidence, that was not available at the time of the conduct in question; and (b) the evidence has been certified as “new and compelling” by a Supreme Court Judge. (3) In any legal proceedings, it is to be presumed that individual personnel acted in good faith and in belief of the lawfulness of the Rules of Engagement and orders they received, unless— (a) the condition in subsection (2) has been met; and (b) the prosecution can prove beyond reasonable doubt that the conduct was unlawful. (4) No civil action against any party identified in subsection (1) shall be commenced, unless in a prior criminal case related to the conduct in question— (a) the condition in subsection (2) was met; and (b) a criminal conviction against that specific party in relation to conduct in question was obtained. (5) Where it can be shown that the operational directives or Rules of Engagement given to a party listed in subsection (1) were unlawful under the domestic law that was in force at the time of the conduct in question, criminal or disciplinary investigations, or proceedings, may only be commenced, or continued, against those individuals who authorised, or approved, the Rules of Engagement or directives, and not against individual service members who acted in good faith in following those directives.”

NC22

To move the following Clause- "Restriction on repeated investigations without new and compelling evidence (1) The Independent Commission for Reconciliation and Information Recovery ("the ICRIR”) must not begin, continue, or reopen any review or investigation of conduct forming part of the Troubles where— (a) that conduct has previously been the subject of an investigation, inquest or other legal proceedings, and (b) no new and compelling evidence has become available. (2) For the purposes of this section, “new and compelling evidence” means evidence which- (a) was not available to any previous investigation, inquest or proceedings, and (b) is reliable, substantial and highly probative such that it gives rise to a realistic prospect of a different outcome. (3) No review or investigation may be begun, continued or reopened by virtue of subsection (1) unless the Secretary of State has certified that— (a) the test in subsection (2) is met, and (b) it is in the interests of justice to proceed. (4) In deciding whether to issue a certificate under subsection (3), the Secretary of State must have regard to— (a) the public interest in finality of investigations, (b) the age, health and welfare of the person concerned, and (c) the need to ensure fair and proportionate treatment. (5) The Secretary of State must by regulations make provision for an independent review of decisions made under subsection (3)."

NC23

To move the following Clause- "Provision of legal advice and support for veterans and former police officers (1) The Secretary of State must make provision to ensure that any person who- (a) is a former member of the armed forces, or (b) is a former member of the Royal Ulster Constabulary and who is subject to an investigation, review, inquest or legal proceedings relating to conduct forming part of the Troubles, has access to appropriate legal advice and support, and that such advice or support should be provided at no cost to the person in question. (2) Provision under subsection (1) must include- (a) access to independent legal representation, (b) support in connection with inquests, investigations and any related proceedings, and (c) such further assistance as the Secretary of State considers appropriate.”

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)

90

Schedule 5, page 102, line 2, after “and” insert “takes their response into account when reaching a decision"

91

Schedule 5, page 102, line 3, leave out sub-paragraph (b)

93

Schedule 5, page 102, line 9, leave out “prohibited” and insert “opposed"

94

Schedule 5, page 102, line 11, leave out “prohibited” and insert “opposed"

97

Schedule 5, page 102, line 16, leave out “would risk damaging, or"

95

Schedule 5, page 102, line 23, leave out "prohibited” and insert "opposed"

96

Schedule 5, page 102, line 24, leave out “prohibition” and insert “opposition"

104

lan Sollom

Schedule 5, page 102, line 24, after sub-paragraph (5) insert- "(5A) Where a notification under sub-paragraphs (2) and (5) has been made, the Secretary of State must refer the matter to the Intelligence and Security Committee of Parliament. (5B) A referral under sub-paragraph (5A) must be made within a month of the Secretary of State's notification. (5C) In considering the referral under sub-paragraph (5A), the Intelligence and Security Committee of Parliament may request further reasons, and information, from the Secretary of State relating to the decision to prohibit the proposed disclosure on national security grounds. (5D) The Secretary of State must respond to any request from the Intelligence and Security Committee of Parliament for further reasons or information within two weeks of receiving the request. (5E) After considering a referral under sub-paragraph 5A the Intelligence and Security Committee may within 12 months of the referral lay before both Houses of Parliament a report outlining the Committee's— (a) assessment of the Secretary of State's reasons for prohibiting the proposed disclosure of information; and (b) conclusions on why the prohibition is an inappropriate response to national security considerations, and how— (i) the information in its entirety could, in their opinion, be reasonably disclosed; or (ii) the information, subject to redactions, could, in their opinion, be reasonably disclosed. (5F) Where the Intelligence and Security Committee has reported that a disclosure could, in their opinion, be reasonably made under sub-paragraph (5E)(b) (i) or (ii), the Secretary of State must, within a month of the Committee publishing its report, make a statement before both Houses of Parliament responding to the Committee's conclusions.”

98

Schedule 5, page 102, line 26, leave out “risking damage to, or"

38

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

101

Schedule 5, page 104, line 9, leave out sub-paragraphs (3) to (5)

99

Schedule 5, page 104, line 30, leave out "an” and insert "a merits based"

100

Schedule 5, page 104, line 33, leave out "review” and insert "reconsider all evidence relating to"

92

Schedule 45, page 102, line 8, leave out "permitted" and insert "approved"

NC21

To move the following Clause- "Protection for conduct carried out in accordance with contemporaneous Rules of Engagement in respect of Troubles related conduct (1) No criminal investigations, prosecutions, inquests or inquiries shall be commenced in respect of Troubles related conduct carried out in Northern Ireland by- (a) His Majesty's Armed Forces (including the United Kingdom Special Forces), (b) the Secret Intelligence Services, (c) the Government Communications Headquarters, (d) the Royal Ulster Constabulary, or (e) the Police Service of Northern Ireland, unless the condition in subsection (2) has been met. (2) The condition is that—"

104

Schedule 5, page 102, line 24, after sub-paragraph (5) insert- "(5A) Where a notification under sub-paragraphs (2) and (5) has been made, the Secretary of State must refer the matter to the Intelligence and Security Committee of Parliament. (5B) A referral under sub-paragraph (5A) must be made within a month of the Secretary of State's notification. (5C) In considering the referral under sub-paragraph (5A), the Intelligence and Security Committee of Parliament may request further reasons, and information, from the Secretary of State relating to the decision to prohibit the proposed disclosure on national security grounds. (5D) The Secretary of State must respond to any request from the Intelligence and Security Committee of Parliament for further reasons or information within two weeks of receiving the request. (5E) After considering a referral under sub-paragraph 5A the Intelligence and Security Committee may within 12 months of the referral lay before both Houses of Parliament a report outlining the Committee's— (a) assessment of the Secretary of State's reasons for prohibiting the proposed disclosure of information; and (b) conclusions on why the prohibition is an inappropriate response to national security considerations, and how— (i) the information in its entirety could, in their opinion, be reasonably disclosed; or (ii) the information, subject to redactions, could, in their opinion, be reasonably disclosed. (5F) Where the Intelligence and Security Committee has reported that a disclosure could, in their opinion, be reasonably made under sub-paragraph (5E)(b) (i) or (ii), the Secretary of State must, within a month of the Committee publishing its report, make a statement before both Houses of Parliament responding to the Committee's conclusions."

Page 1, line 3, leave out Clause 1

85

✩ Clause 10, page 6, line 16, leave out “would risk damaging, or"

86

✩ Clause 16, page 11, line 36, leave out “would risk damaging, or”

87

✩ Clause 16, page 12, line 5, leave out “person considering whether information is prejudicial information" and insert "Director of Public Prosecutions for Northern Ireland"

88

✩ Clause 17, page 12, line 21, after “concerned” insert “, unless a judicial panel member finds that it is necessary and proportionate to do so"

89

✩ Clause 17, page 12, line 38, after “proceedings” insert “, if any restriction notice has been approved by a judicial panel member”

103

★ Clause 30, page 23, line 22, at end insert— "(2A) Where the request relates to a matter which has previously been the subject of investigatory or inquisitorial proceedings, no further investigation may be accepted by the Directors unless-"

83

Clause 43, page 35, line 7, at end insert “and no decision to refer to a restorative justice procedure has been made."

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.”

84

Clause 61, page 46, line 37, at end insert “and no referral to a restorative justice procedure has been made."

NC18

To move the following Clause- "The work of the Legacy Commission: Principles of restorative justice (1) Within six months of commencement of this Act, the Legacy Commission must report on how it will incorporate the principles of restorative justice into its work. (2) The report produced under subsection (1) must include consideration of the following- (a) ways in which the Legacy Commission could facilitate or offer restorative justice processes as part of its work; (b) ways in which restorative justice can play a meaningful and appropriate role in addressing the legacy of the Troubles by- (i) facilitating truth-telling; (ii) supporting victims and survivors who wish to engage in non-adversarial processes, and; (iii) promoting acknowledgement, reconciliation, and understanding without displacing formal accountability mechanisms; (c) any steps that it recommends the Government take to support the Legacy Commission in incorporating the principles of restorative justice in its work. (3) The report produced under subsection (1) must be made public."

NC19

To move the following Clause- “Referral to restorative justice procedures (1) Where an investigation under Part 1 has been carried out and the relevant Director of Investigations considers that there is evidence that relevant conduct by an individual, whose identity is known to that Director, constitutes an offence under the law of England and Wales, Scotland or Northern Ireland, the Director may offer to refer the parties to the conduct to a restorative justice process. (2) Where an investigation under Part 4 has been carried out and the relevant judicial panel member considers that there is evidence that relevant conduct by an individual whose identity is known to the judicial panel member constitutes an offence, the judicial panel member may offer to refer the parties to the conduct to a restorative justice process. (3) No referral to a restorative justice process can be made without the consent of every party to the conduct who would be entitled to be a participant in the activity. (4) For the purposes of this Act, “a restorative justice process” means an activity— (a) where the participants consist of the individuals referred under subsection (1) or (2) and at least one victim or survivor of the relevant conduct; (b) which aims to maximise awareness of the impact of the relevant conduct on the victims; and (c) which gives an opportunity to victims and survivors to talk about, or by other means express experience of, the conduct and its impact. (5) A person running an activity for the purposes of a restorative justice referral must have regard to any guidance issued by the Secretary of State with a view to encouraging good practice in connection with such an activity. (6) In this Act, “parties to the relevant conduct” means the offender and one or more of the victims or survivors of the relevant conduct."

NC20

To move the following Clause- “Comfort letters: lack of validity The "comfort letters” issued by the UK Government under the “on the run” administrative scheme do not have, nor have ever had, any lawful effect and do not provide immunity for prosecution, nor may they impede any future prosecution.”

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

90

✩ Schedule 5, page 102, line 2, after “and” insert “takes their response into account when reaching a decision"

91

✩ Schedule 5, page 102, line 3, leave out sub-paragraph (b)

93

✩ Schedule 5, page 102, line 9, leave out “prohibited” and insert "opposed"

94

✩ Schedule 5, page 102, line 11, leave out “prohibited” and insert "opposed"

97

✩ Schedule 5, page 102, line 16, leave out “would risk damaging, or"

95

✩ Schedule 5, page 102, line 23, leave out “prohibited” and insert "opposed"

96

✩ Schedule 5, page 102, line 24, leave out “prohibition” and insert “opposition"

102

★ Schedule 5, page 102, line 24, after sub-paragraph (5) insert- "(5A) Where a notification under sub-paragraphs (2) and (5) has been made, the Secretary of State must refer the matter to the Intelligence and Security Committee of Parliament. (5B) A referral under sub-paragraph (5A) must be made within a month of the Secretary of State's notification. (5C) In considering the referral under sub-paragraph (5A), the Intelligence and Security Committee of Parliament may request further reasons, and information, from the Secretary of State relating to the decision to prohibit the proposed disclosure on national security grounds."

98

✩ Schedule 5, page 102, line 26, leave out "risking damage to, or”

101

✩ Schedule 5, page 104, line 9, leave out sub-paragraphs (3) to (5)

99

✩ Schedule 5, page 104, line 30, leave out “an” and insert “a merits based"

100

✩ Schedule 5, page 104, line 33, leave out "review" and insert "reconsider all evidence relating to"

92

✩ Schedule 45, page 102, line 8, leave out “permitted” and insert “approved”

82

Clause 3, page 3, line 2, at end insert- "(e) to offer to refer parties to relevant conduct to restorative justice processes as an alternative to referral to prosecution where investigations or inquisitorial proceedings under this Act find evidence that offences have been committed (see section [Restorative justice procedures]).”

81

Clause 11, page 7, line 7, at end insert- "(g) the principle that veterans who served the United Kingdom should not face disproportionate legal action through the conduct of the Legacy Commission."

75

Cameron

Thomas

★ Clause 8, page 5, line 17, at end insert- "(iii) one or more persons who is a veteran."

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 been, or is, a member of a political party that has any links to, or supports, any paramilitary or terrorist organisations past or present.”

77

Clause 11, page 7, line 5, leave out "human rights should be respected” and insert "human rights standards must be complied with"

★ Clause 11, page 7, line 7, at end insert- "(g) the principle that veterans who served the United Kingdom should not face disproportionate legal action through the conduct of the Legacy Commission."

80

★ Clause 14, page 9, line 37, at end insert- "(3A) A notice under subsection (2) or (3) may not be issued to a veteran who has previously provided information under the provisions of this section, unless- (a) materially new evidence has been brought to the attention of the relevant person, (b) as a result of the new evidence, issuing a notice to a veteran to provide further information would, in the opinion of the relevant person, be proportionate and necessary, (c) the relevant person has issued a certificate confirming that the conditions in (a) and (b) have been met.”

Clause 43, page 35, line 37, at end insert— "(6A) No referral for prosecution is to be made for a person who served in— (a) His Majesty's Armed Forces (including the United Kingdom Special Forces), (b) the Secret Intelligence Services, (c) the Government Communications Headquarters, (d) the Royal Ulster Constabulary, or (e) the Police Service of Northern Ireland, when the conduct under investigation arose as a result of that person acting in accordance with operational decisions."

76

★ Clause 54, page 41, line 32, after “person” insert “who is not a veteran”

78

★ Clause 54, page 41, line 37, at end insert- "(2A) Where a veteran is required to give evidence in inquisitorial proceedings, the judicial panel member must give permission for such evidence to be given through a live audio or live video link, whether from within or outside the United Kingdom, unless the Director or Directors of Investigations can demonstrate that there is a clear and specific reason, recorded in writing, which makes it strictly essential for the veteran in question to give evidence in person.”

79

★ Clause 94, page 78, line 19, at end insert- ""veteran" is a person who— (a) has served for at least one day in His Majesty's Armed Forces, whether as a member of the regular forces or the reserve forces, (b) has served as a member of the Royal Ulster Constabulary, (c) has served as a prison officer, including service in the Northern Ireland Prison Service, or (d) has served in a police support, reserve, or auxiliary role connected with the maintenance of security during the Troubles, as may be specified by regulations made by the Secretary of State, but has not at any time been a member of, or acted in support of, a terrorist or proscribed organisation within the meaning of the Terrorism Act 2000, or knowingly taken part in, assisted, or enabled the carrying out of a terrorist act connected with the Troubles."

NC16

Cameron

Thomas

★ To move the following Clause- "Independent reviewer of the safeguards for veterans under this Act (1) The Secretary of State must appoint an Independent Reviewer to monitor the application of the safeguards for veterans contained in this Act. (2) Within a year of their appointment, and every year thereafter, the Independent Reviewer must lay a report before both Houses of Parliament on the effectiveness of the safeguards for veterans contained in this Act. (3) In producing the reports specified in subsection (2), the Independent Reviewer may make any such recommendations for the reform of the safeguards as they deem appropriate. (4) The Independent Reviewer established under subsection (2) shall be appointed for a five-year term, renewable for a single additional term by the Secretary of State. (5) In this section, "armed forces" has the meaning given by section 94.”

NC17

Cameron

Thomas

★ To move the following Clause- “Protections for veterans involved in investigations or inquisitorial proceedings (1) Where inquisitorial proceedings under Part 4 involve a person who is a veteran, a restriction notice or restriction order made under section 56 must prohibit the identification of that person in any proceedings or publications, whether directly or indirectly, unless the Secretary of State determines that disclosure is necessary in the public interest. (2) The Legacy Commission must not contact a veteran directly regarding an investigation under Part 3 or inquisitorial proceedings under Part 4, and contact relating to such matters must be made through the relevant official channel. (3) The "relevant official channel” for the purposes of subsection (2) is either the Ministry of Defence or the Police Service of Northern Ireland, or such other body as the Secretary of State may by regulations specify. (4) If any contact is made with a veteran under subsection (2), the veteran must be provided with appropriate welfare and support in connection with that contact from the relevant official channel. (5) In applying section 69 (Duty to have regard to welfare of witnesses etc.), the relevant Director of Investigations or relevant judicial panel member must—

Page 1, line 3, leave out Clause 1

Clause 43, page 35, line 37, at end insert— "(6A) No referral for prosecution is to be made for a person who served in— (a) His Majesty's Armed Forces (including the United Kingdom Special Forces), (b) the Secret Intelligence Services, (c) the Government Communications Headquarters, (d) the Royal Ulster Constabulary, or (e) the Police Service of Northern Ireland, when the conduct under investigation arose as a result of that person acting in accordance with operational decisions."

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 and the Government of Ireland” (“the Joint Framework”), including, but not limited to, a report of the Secretary of State's understanding of progress on— (a) a cross-border body on information retrieval, (b) the establishment of a dedicated unit within An Garda Síochána to be a central point of contact for cross-border cooperation on Troubles-related cases and Troubles-related investigations being undertaken by An Garda Síochána, (c) the investigation by An Garda Síochána of all unresolved Troubles-related incidents within its jurisdiction.”

64

★ Clause 11, page 7, line 5, leave out “human rights should be respected” and insert "human rights standards must be complied with"

65

★ Clause 17, page 12, line 18, leave out from “person” to the end of line 41 and insert “, unless in the view of the Commission the disclosure of such information would lead to a breach of any individual's rights under the European Convention of Human Rights."

66

Page 13, line 1, leave out Clause 18

67

Clause 20, page 14, line 24, leave out subsections (1) and (2)

70

★ Clause 23, page 17, line 36, after “appropriate” insert "; (k) the number of occasions during that reporting period when an employee of the Commission either- (i) declared; or (ii) was determined, following an internal review, to have; a conflict of interest in relation a case referred to the Commission.”

62

★ Clause 26, page 20, line 14, at end insert- "(3A) The statement must set out the manner in which the Legacy Commission is to exercise its investigatory function so as to ensure compliance with its human rights obligations, including, but not limited to, Articles 2 and 3 of the European Convention on Human Rights."

68

★ Clause 27, page 20, line 34, leave out subsection (3)

63

★ 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."

69

★ Clause 36, page 29, line 36, at end insert— "(c) A'previous investigation' refers solely to investigations which complied with the full requirements of Articles 2 or 3 of the European Convention on Human Rights."

★ Clause 39, page 31, line 20, leave out from "period,” to end of paragraph (b) and insert "an additional and non-renewable period of no more than 60 days may be granted by the Secretary of State and notified to the judicial panel member before the end of the original period of 60 days."

71

★ Clause 63, page 49, line 16, leave out from "period,” to end of paragraph (b) and insert “an additional and non-renewable period of no more than 60 days may be granted by the Secretary of State and notified to the judicial panel member before the end of the original period of 60 days."

72

★ Page 61, line 7, leave out Clause 77

73

★ Page 62, line 24, leave out Clause 79

74

★ Clause 82, page 64, line 39, after "ICIR" insert ", and (h) analysis of the ICIR's engagement with non-state actors”

NC14

★ To move the following Clause- "Investigations: ability to accept referrals for conduct after 10 April 1998 (1) The Legacy Commission may accept any request for an investigation into conduct which would be considered conduct “forming part of the Troubles” had it occurred between 1 January 1966 and 10 April 1998 where that conduct caused- (a) a person's death, or (b) a person to suffer serious mental or physical harm, and where an investigation had previously occurred but was subsequently found to not be compliant with Articles 2 or 3 of the European Convention of Human Rights. (2) The Legacy Commission may accept such a request notwithstanding the conduct in question occurring after the time period specified in Section 2 of this Act, provided that the Commission is satisfied that the conduct in question was related to the Troubles."

NC15

★ To move the following Clause— "Inquisitorial Proceedings: ability to make a finding of state collusion (1) This section applies where inquisitorial proceedings have been carried out. (2) In producing a final report on the findings of the proceedings, the relevant judicial panel member may, if satisfied that they have received clear evidence that "state actors” were involved in the breach of an individual's rights under Articles 2 or 3 (or both) of the European Convention of Human Rights, make a finding of collusion between the UK Government and paramilitary organisations. (3) For the purpose of subsection (2), "state actors” includes members of His Majesty's Armed Forces, security or police services.”

To move the following Clause- "Tort, delict and fatal accident actions (1) A relevant Troubles-related civil action that was brought on or after the day of the First Reading in the House of Commons of the Bill for this Act may not be continued on and after the day on which this section comes into force. (2) A relevant Troubles-related civil action may not be brought on or after the day on which this section comes into force. (3) For the purposes of this section an action is a “relevant Troubles-related civil action" if conditions A, B and C are met. (4) Condition A: the action is to determine a claim arising out of conduct forming part of the Troubles. (5) Condition B: the action is founded on- (a) tort or delict, (b) a cause of action arising under fatal accidents legislation, or (c) a cause of action arising under the law of any other jurisdiction that corresponds to- (i) tort or delict, or (ii) a cause of action arising under fatal accidents legislation. (6) Condition C: the time limit for bringing the action was, or would be (in the absence of this section), given in— (a) the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (Ν.Ι. 11)), (b) the Foreign Limitation Periods (Northern Ireland) Order 1985 (S.I. 1985/754 (Ν.Ι. 5)), (c) the Limitation Act 1980, (d) the Foreign Limitation Periods Act 1984, (e) the Prescription and Limitation (Scotland) Act 1973, or (f) section 190 of the Merchant Shipping Act 1995; (including where a court has permitted the action to be brought outside such a time limit). (7) Subsection (1) does not stop a relevant Troubles-related civil action from being continued on and after the day on which this section comes into force, if the court of first instance has given a final judgment on, or otherwise finally determined, the matter in dispute before that day (including by a default judgment or a consent order or, in Scotland, by a decree in absence, decree by default or summary decree). (8) Where subsection (1) or (2) stops an action from being continued, or brought, on or after the day on which this section comes into force, that subsection— (a) does not stop costs proceedings from being continued or begun on or after that day; but (b) otherwise stops the proceedings in the action, and any other related proceedings, from being continued or begun on or after that day. (9) In this section— “costs proceedings”, in relation to a relevant Troubles-related civil action, means proceedings to determine or recover costs (in Northern Ireland or England and Wales) or expenses (in Scotland) of the action; "fatal accidents legislation” means— (a) the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (Ν.Ι. 18)), (b) the Fatal Accidents Act 1976, or (c) section 4 of the Damages (Scotland) Act 2011 (asp 7); "matter in dispute”, in relation to a relevant Troubles-related civil action, means the claim (referred to in subsection (4)) which arises out of conduct forming part of the Troubles and which the action is to determine; "other jurisdiction”, in relation to a relevant Troubles-related civil action, means a jurisdiction (whether within or outside the United Kingdom) other than the jurisdiction in which that action is, or would be, brought; "other related proceedings”, in relation to a relevant Troubles-related civil action, means proceedings which relate to, or arise out of the action (including any enforcement action and any appeal), except for costs proceedings; "2008 Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters."

To move the following Clause- "Tort, delict and fatal accident actions (1) A relevant Troubles-related civil action that was brought on or after the day of the First Reading in the House of Commons of the Bill for this Act may not be continued on and after the day on which this section comes into force. (2) A relevant Troubles-related civil action may not be brought on or after the day on which this section comes into force. (3) For the purposes of this section an action is a “relevant Troubles-related civil action" if conditions A, B and C are met. (4) Condition A: the action is to determine a claim arising out of conduct forming part of the Troubles. (5) Condition B: the action is founded on- (a) tort or delict, (b) a cause of action arising under fatal accidents legislation, or (c) a cause of action arising under the law of any other jurisdiction that corresponds to- (i) tort or delict, or (ii) a cause of action arising under fatal accidents legislation. (6) Condition C: the time limit for bringing the action was, or would be (in the absence of this section), given in— (a) the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (Ν.Ι. 11)), (b) the Foreign Limitation Periods (Northern Ireland) Order 1985 (S.I. 1985/754 (Ν.Ι. 5)), (c) the Limitation Act 1980, (d) the Foreign Limitation Periods Act 1984, (e) the Prescription and Limitation (Scotland) Act 1973, or (f) section 190 of the Merchant Shipping Act 1995; (including where a court has permitted the action to be brought outside such a time limit). (7) Subsection (1) does not stop a relevant Troubles-related civil action from being continued on and after the day on which this section comes into force, if the court of first instance has given a final judgment on, or otherwise finally determined, the matter in dispute before that day (including by a default judgment or a consent order or, in Scotland, by a decree in absence, decree by default or summary decree). (8) Where subsection (1) or (2) stops an action from being continued, or brought, on or after the day on which this section comes into force, that subsection— (a) does not stop costs proceedings from being continued or begun on or after that day; but (b) otherwise stops the proceedings in the action, and any other related proceedings, from being continued or begun on or after that day. (9) In this section— “costs proceedings”, in relation to a relevant Troubles-related civil action, means proceedings to determine or recover costs (in Northern Ireland or England and Wales) or expenses (in Scotland) of the action; "fatal accidents legislation” means— (a) the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (Ν.Ι. 18)), (b) the Fatal Accidents Act 1976, or (c) section 4 of the Damages (Scotland) Act 2011 (asp 7); "matter in dispute”, in relation to a relevant Troubles-related civil action, means the claim (referred to in subsection (4)) which arises out of conduct forming part of the Troubles and which the action is to determine; "other jurisdiction”, in relation to a relevant Troubles-related civil action, means a jurisdiction (whether within or outside the United Kingdom) other than the jurisdiction in which that action is, or would be, brought; "other related proceedings”, in relation to a relevant Troubles-related civil action, means proceedings which relate to, or arise out of the action (including any enforcement action and any appeal), except for costs proceedings; "2008 Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters."

To move the following Clause- "Tort, delict and fatal accident actions (1) A relevant Troubles-related civil action that was brought on or after the day of the First Reading in the House of Commons of the Bill for this Act may not be continued on and after the day on which this section comes into force. (2) A relevant Troubles-related civil action may not be brought on or after the day on which this section comes into force. (3) For the purposes of this section an action is a “relevant Troubles-related civil action" if conditions A, B and C are met. (4) Condition A: the action is to determine a claim arising out of conduct forming part of the Troubles. (5) Condition B: the action is founded on- (a) tort or delict, (b) a cause of action arising under fatal accidents legislation, or (c) a cause of action arising under the law of any other jurisdiction that corresponds to- (i) tort or delict, or (ii) a cause of action arising under fatal accidents legislation. (6) Condition C: the time limit for bringing the action was, or would be (in the absence of this section), given in— (a) the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (Ν.Ι. 11)), (b) the Foreign Limitation Periods (Northern Ireland) Order 1985 (S.I. 1985/754 (Ν.Ι. 5)), (c) the Limitation Act 1980, (d) the Foreign Limitation Periods Act 1984, (e) the Prescription and Limitation (Scotland) Act 1973, or (f) section 190 of the Merchant Shipping Act 1995; (including where a court has permitted the action to be brought outside such a time limit). (7) Subsection (1) does not stop a relevant Troubles-related civil action from being continued on and after the day on which this section comes into force, if the court of first instance has given a final judgment on, or otherwise finally determined, the matter in dispute before that day (including by a default judgment or a consent order or, in Scotland, by a decree in absence, decree by default or summary decree). (8) Where subsection (1) or (2) stops an action from being continued, or brought, on or after the day on which this section comes into force, that subsection— (a) does not stop costs proceedings from being continued or begun on or after that day; but (b) otherwise stops the proceedings in the action, and any other related proceedings, from being continued or begun on or after that day. (9) In this section— “costs proceedings”, in relation to a relevant Troubles-related civil action, means proceedings to determine or recover costs (in Northern Ireland or England and Wales) or expenses (in Scotland) of the action; "fatal accidents legislation” means— (a) the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (Ν.Ι. 18)), (b) the Fatal Accidents Act 1976, or (c) section 4 of the Damages (Scotland) Act 2011 (asp 7); "matter in dispute”, in relation to a relevant Troubles-related civil action, means the claim (referred to in subsection (4)) which arises out of conduct forming part of the Troubles and which the action is to determine; "other jurisdiction”, in relation to a relevant Troubles-related civil action, means a jurisdiction (whether within or outside the United Kingdom) other than the jurisdiction in which that action is, or would be, brought; "other related proceedings”, in relation to a relevant Troubles-related civil action, means proceedings which relate to, or arise out of the action (including any enforcement action and any appeal), except for costs proceedings; "2008 Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters."

To move the following Clause- "Tort, delict and fatal accident actions (1) A relevant Troubles-related civil action that was brought on or after the day of the First Reading in the House of Commons of the Bill for this Act may not be continued on and after the day on which this section comes into force. (2) A relevant Troubles-related civil action may not be brought on or after the day on which this section comes into force. (3) For the purposes of this section an action is a “relevant Troubles-related civil action" if conditions A, B and C are met. (4) Condition A: the action is to determine a claim arising out of conduct forming part of the Troubles. (5) Condition B: the action is founded on- (a) tort or delict, (b) a cause of action arising under fatal accidents legislation, or (c) a cause of action arising under the law of any other jurisdiction that corresponds to- (i) tort or delict, or (ii) a cause of action arising under fatal accidents legislation. (6) Condition C: the time limit for bringing the action was, or would be (in the absence of this section), given in— (a) the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (Ν.Ι. 11)), (b) the Foreign Limitation Periods (Northern Ireland) Order 1985 (S.I. 1985/754 (Ν.Ι. 5)), (c) the Limitation Act 1980, (d) the Foreign Limitation Periods Act 1984, (e) the Prescription and Limitation (Scotland) Act 1973, or (f) section 190 of the Merchant Shipping Act 1995; (including where a court has permitted the action to be brought outside such a time limit). (7) Subsection (1) does not stop a relevant Troubles-related civil action from being continued on and after the day on which this section comes into force, if the court of first instance has given a final judgment on, or otherwise finally determined, the matter in dispute before that day (including by a default judgment or a consent order or, in Scotland, by a decree in absence, decree by default or summary decree). (8) Where subsection (1) or (2) stops an action from being continued, or brought, on or after the day on which this section comes into force, that subsection— (a) does not stop costs proceedings from being continued or begun on or after that day; but (b) otherwise stops the proceedings in the action, and any other related proceedings, from being continued or begun on or after that day. (9) In this section— “costs proceedings”, in relation to a relevant Troubles-related civil action, means proceedings to determine or recover costs (in Northern Ireland or England and Wales) or expenses (in Scotland) of the action; "fatal accidents legislation” means— (a) the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (Ν.Ι. 18)), (b) the Fatal Accidents Act 1976, or (c) section 4 of the Damages (Scotland) Act 2011 (asp 7); "matter in dispute”, in relation to a relevant Troubles-related civil action, means the claim (referred to in subsection (4)) which arises out of conduct forming part of the Troubles and which the action is to determine; "other jurisdiction”, in relation to a relevant Troubles-related civil action, means a jurisdiction (whether within or outside the United Kingdom) other than the jurisdiction in which that action is, or would be, brought; "other related proceedings”, in relation to a relevant Troubles-related civil action, means proceedings which relate to, or arise out of the action (including any enforcement action and any appeal), except for costs proceedings; "2008 Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters."

To move the following Clause- "Tort, delict and fatal accident actions (1) A relevant Troubles-related civil action that was brought on or after the day of the First Reading in the House of Commons of the Bill for this Act may not be continued on and after the day on which this section comes into force. (2) A relevant Troubles-related civil action may not be brought on or after the day on which this section comes into force. (3) For the purposes of this section an action is a “relevant Troubles-related civil action" if conditions A, B and C are met. (4) Condition A: the action is to determine a claim arising out of conduct forming part of the Troubles. (5) Condition B: the action is founded on- (a) tort or delict, (b) a cause of action arising under fatal accidents legislation, or (c) a cause of action arising under the law of any other jurisdiction that corresponds to- (i) tort or delict, or (ii) a cause of action arising under fatal accidents legislation. (6) Condition C: the time limit for bringing the action was, or would be (in the absence of this section), given in— (a) the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (Ν.Ι. 11)), (b) the Foreign Limitation Periods (Northern Ireland) Order 1985 (S.I. 1985/754 (Ν.Ι. 5)), (c) the Limitation Act 1980, (d) the Foreign Limitation Periods Act 1984, (e) the Prescription and Limitation (Scotland) Act 1973, or (f) section 190 of the Merchant Shipping Act 1995; (including where a court has permitted the action to be brought outside such a time limit). (7) Subsection (1) does not stop a relevant Troubles-related civil action from being continued on and after the day on which this section comes into force, if the court of first instance has given a final judgment on, or otherwise finally determined, the matter in dispute before that day (including by a default judgment or a consent order or, in Scotland, by a decree in absence, decree by default or summary decree). (8) Where subsection (1) or (2) stops an action from being continued, or brought, on or after the day on which this section comes into force, that subsection— (a) does not stop costs proceedings from being continued or begun on or after that day; but (b) otherwise stops the proceedings in the action, and any other related proceedings, from being continued or begun on or after that day. (9) In this section— “costs proceedings”, in relation to a relevant Troubles-related civil action, means proceedings to determine or recover costs (in Northern Ireland or England and Wales) or expenses (in Scotland) of the action; "fatal accidents legislation” means— (a) the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (Ν.Ι. 18)), (b) the Fatal Accidents Act 1976, or (c) section 4 of the Damages (Scotland) Act 2011 (asp 7); "matter in dispute”, in relation to a relevant Troubles-related civil action, means the claim (referred to in subsection (4)) which arises out of conduct forming part of the Troubles and which the action is to determine; "other jurisdiction”, in relation to a relevant Troubles-related civil action, means a jurisdiction (whether within or outside the United Kingdom) other than the jurisdiction in which that action is, or would be, brought; "other related proceedings”, in relation to a relevant Troubles-related civil action, means proceedings which relate to, or arise out of the action (including any enforcement action and any appeal), except for costs proceedings; "2008 Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters."

To move the following Clause- "Tort, delict and fatal accident actions (1) A relevant Troubles-related civil action that was brought on or after the day of the First Reading in the House of Commons of the Bill for this Act may not be continued on and after the day on which this section comes into force. (2) A relevant Troubles-related civil action may not be brought on or after the day on which this section comes into force. (3) For the purposes of this section an action is a “relevant Troubles-related civil action" if conditions A, B and C are met. (4) Condition A: the action is to determine a claim arising out of conduct forming part of the Troubles. (5) Condition B: the action is founded on- (a) tort or delict, (b) a cause of action arising under fatal accidents legislation, or (c) a cause of action arising under the law of any other jurisdiction that corresponds to- (i) tort or delict, or (ii) a cause of action arising under fatal accidents legislation. (6) Condition C: the time limit for bringing the action was, or would be (in the absence of this section), given in— (a) the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (Ν.Ι. 11)), (b) the Foreign Limitation Periods (Northern Ireland) Order 1985 (S.I. 1985/754 (Ν.Ι. 5)), (c) the Limitation Act 1980, (d) the Foreign Limitation Periods Act 1984, (e) the Prescription and Limitation (Scotland) Act 1973, or (f) section 190 of the Merchant Shipping Act 1995; (including where a court has permitted the action to be brought outside such a time limit). (7) Subsection (1) does not stop a relevant Troubles-related civil action from being continued on and after the day on which this section comes into force, if the court of first instance has given a final judgment on, or otherwise finally determined, the matter in dispute before that day (including by a default judgment or a consent order or, in Scotland, by a decree in absence, decree by default or summary decree). (8) Where subsection (1) or (2) stops an action from being continued, or brought, on or after the day on which this section comes into force, that subsection— (a) does not stop costs proceedings from being continued or begun on or after that day; but (b) otherwise stops the proceedings in the action, and any other related proceedings, from being continued or begun on or after that day. (9) In this section— “costs proceedings”, in relation to a relevant Troubles-related civil action, means proceedings to determine or recover costs (in Northern Ireland or England and Wales) or expenses (in Scotland) of the action; "fatal accidents legislation” means— (a) the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (Ν.Ι. 18)), (b) the Fatal Accidents Act 1976, or (c) section 4 of the Damages (Scotland) Act 2011 (asp 7); "matter in dispute”, in relation to a relevant Troubles-related civil action, means the claim (referred to in subsection (4)) which arises out of conduct forming part of the Troubles and which the action is to determine; "other jurisdiction”, in relation to a relevant Troubles-related civil action, means a jurisdiction (whether within or outside the United Kingdom) other than the jurisdiction in which that action is, or would be, brought; "other related proceedings”, in relation to a relevant Troubles-related civil action, means proceedings which relate to, or arise out of the action (including any enforcement action and any appeal), except for costs proceedings; "2008 Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters."

To move the following Clause- "Tort, delict and fatal accident actions (1) A relevant Troubles-related civil action that was brought on or after the day of the First Reading in the House of Commons of the Bill for this Act may not be continued on and after the day on which this section comes into force. (2) A relevant Troubles-related civil action may not be brought on or after the day on which this section comes into force. (3) For the purposes of this section an action is a “relevant Troubles-related civil action" if conditions A, B and C are met. (4) Condition A: the action is to determine a claim arising out of conduct forming part of the Troubles. (5) Condition B: the action is founded on- (a) tort or delict, (b) a cause of action arising under fatal accidents legislation, or (c) a cause of action arising under the law of any other jurisdiction that corresponds to- (i) tort or delict, or (ii) a cause of action arising under fatal accidents legislation. (6) Condition C: the time limit for bringing the action was, or would be (in the absence of this section), given in— (a) the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (Ν.Ι. 11)), (b) the Foreign Limitation Periods (Northern Ireland) Order 1985 (S.I. 1985/754 (Ν.Ι. 5)), (c) the Limitation Act 1980, (d) the Foreign Limitation Periods Act 1984, (e) the Prescription and Limitation (Scotland) Act 1973, or (f) section 190 of the Merchant Shipping Act 1995; (including where a court has permitted the action to be brought outside such a time limit). (7) Subsection (1) does not stop a relevant Troubles-related civil action from being continued on and after the day on which this section comes into force, if the court of first instance has given a final judgment on, or otherwise finally determined, the matter in dispute before that day (including by a default judgment or a consent order or, in Scotland, by a decree in absence, decree by default or summary decree). (8) Where subsection (1) or (2) stops an action from being continued, or brought, on or after the day on which this section comes into force, that subsection— (a) does not stop costs proceedings from being continued or begun on or after that day; but (b) otherwise stops the proceedings in the action, and any other related proceedings, from being continued or begun on or after that day. (9) In this section— “costs proceedings”, in relation to a relevant Troubles-related civil action, means proceedings to determine or recover costs (in Northern Ireland or England and Wales) or expenses (in Scotland) of the action; "fatal accidents legislation” means— (a) the Fatal Accidents (Northern Ireland) Order 1977 (S.I. 1977/1251 (Ν.Ι. 18)), (b) the Fatal Accidents Act 1976, or (c) section 4 of the Damages (Scotland) Act 2011 (asp 7); "matter in dispute”, in relation to a relevant Troubles-related civil action, means the claim (referred to in subsection (4)) which arises out of conduct forming part of the Troubles and which the action is to determine; "other jurisdiction”, in relation to a relevant Troubles-related civil action, means a jurisdiction (whether within or outside the United Kingdom) other than the jurisdiction in which that action is, or would be, brought; "other related proceedings”, in relation to a relevant Troubles-related civil action, means proceedings which relate to, or arise out of the action (including any enforcement action and any appeal), except for costs proceedings; "2008 Mediation Directive” means Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters."

Clause 8, page 5, line 19, at end insert— "(4A) The Secretary of State must not appoint any person as a member of a political party that has any links to, or supports, any paramilitary or terrorist organisations past or present."

Page 1, line 3, leave out Clause 1

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.”