Asked by: Baroness Ritchie of Downpatrick (Labour - Life peer)
Question to the Northern Ireland Office:
To ask Her Majesty's Government why they have set the bar for immunity in the Northern Ireland Troubles (Legacy and Reconciliation) Bill as only requiring a perpetrator to provide an account which is true to the best of their knowledge and belief.
Answered by Lord Caine - Shadow Minister (Northern Ireland)
The test for immunity, as set out in the Bill, requires an individual to make an application to the Independent Commission for Reconciliation and Information Recovery (ICRIR) for immunity. The panel must then be satisfied that the individual has provided an account which is true to the best of their knowledge and belief, and which describes conduct which forms part of the Troubles.
In forming a view on whether an individual’s account is true to the best of their knowledge and belief, the ICRIR must take into account any relevant information that it holds or obtains as part of that investigation. That could include information that the ICRIR obtains from witnesses or from disclosure of information from statutory agencies during the course of its investigation.
Those who do not cooperate with the ICRIR will not be granted immunity, and will remain liable to prosecution should sufficient evidence exist, or come to light.
Asked by: Baroness Ritchie of Downpatrick (Labour - Life peer)
Question to the Northern Ireland Office:
To ask Her Majesty's Government which crimes are eligible for the immunity process under the proposed provisions in the Northern Ireland Troubles (Legacy and Reconciliation) Bill.
Answered by Lord Caine - Shadow Minister (Northern Ireland)
Only serious or connected Troubles-related offences that took place between 1 January 1966 and 10 April 1998 and are related to a death or serious injury will be eligible for immunity - conditional on cooperation with the Independent Commission as set out in legislation.
Troubles-related offences that are not linked to a death or serious injury will not be investigated by the Independent Commission for Reconciliation and Information Recovery (ICRIR), and so will not be subject to immunity provisions.
Any offences from between 1 January 1966 and 10 April 1998 which are not Troubles-related could still be investigated by PSNI, or GB police forces.
Asked by: Baroness Ritchie of Downpatrick (Labour - Life peer)
Question to the Northern Ireland Office:
To ask Her Majesty's Government why the Northern Ireland Troubles (Legacy and Reconciliation) Bill does not refer to investigations in addition to reviews.
Answered by Lord Caine - Shadow Minister (Northern Ireland)
Investigations are a crucial part of the work of the Independent Commission for Reconciliation and Information Recovery (ICRIR). The ICRIR will, in statute, have the necessary powers to secure information and conduct thorough and robust investigations, including the power to compel witnesses and test forensic evidence.
The legislation also places an obligation on authorities with information potentially relevant to an incident to provide full disclosure to the ICRIR.
The ICRIR will have a Commissioner for Investigations, and the scope of the ICRIR’s investigative process will be an operational matter for the ICRIR, and will depend on the specific circumstances of each case, including whether there is an outstanding ECHR obligation and the wishes of the family or individual.
Asked by: Baroness Ritchie of Downpatrick (Labour - Life peer)
Question to the Northern Ireland Office:
To ask Her Majesty's Government why they did not seek advice from the Northern Ireland Human Rights Commission regarding the Northern Ireland Troubles (Legacy and Reconciliation) Bill.
Answered by Lord Caine - Shadow Minister (Northern Ireland)
The Northern Ireland Office held discussions on legacy with the Northern Ireland Human Rights Commission on 14 April 2022. Discussions with the Commission, and other interested parties, will of course continue during passage of the Bill.