Northern Ireland Troubles (Legacy and Reconciliation) Bill

Lord Eames Excerpts

Report stage
Wednesday 21st June 2023 Lords Chamber

Moved by

[Lord Eames]

9: After Clause 2, insert the following new Clause—
“ICRIR: immunity consent
(1) The ICRIR process must have as its central feature the requirement for a close family member of a deceased person to grant consent prior to the granting of specific immunity for deaths caused by a troubles-related offence, subject to section (Objections to request for immunity)(3).(2) If there is an objection raised to a request for immunity in relation to deaths then the ICRIR may not exercise any powers in section 14, 15 or 16, subject to section (Objections to request for immunity)(3).(3) The Chief Commissioner may still conduct a review under section 9(3) to (6) if they deem it to be proportionate and in the public interest.(4) Nothing in this section affects the operation of section 23.”Member’s explanatory statement
This provides for the victim’s consent to be central to the process. In the absence of such consent in regards offences causing death, there can be no immunity (subject to subsection (3) of the new clause in Lord Eames' name after Clause 12). If there is no consent, it is also the case that the ICRIR may not supply information or produce a public report, but nevertheless may still exercise the power in section 23 to refer to prosecutors.

[Lord Eames (CB)]

My Lords, I rise to address Amendment 9, recognising the consequential relationship of Amendments 20, 27, 29, 59, 61, 62 and 69. In Committee, I frequently reminded noble Lords of the centrality of the urgency of victims’ needs. I also referred to my personal experience, over my adult life, of being in close contact with so many victims. No later than this week, knowing this debate was taking place, I have been reminded of this by two families who are not members of any organisation for victimhood, but who quietly and with dignity carry the wounds of their victimhood in the privacy of their own homes.

It is that morass of emotions which prompted me to table this amendment, because back home in Northern Ireland there is almost universal opposition to this Bill. The more you think about it and try to analyse it, you come up with a conclusion that, first, we differ on what reconciliation means; secondly, any attempt through legislation to define reconciliation is going to run into a multitude of difficulties; and, thirdly, the reconciliation in the Bill is, for many of us who have experience of the Troubles, nothing short of hypocrisy. My amendment seeks to recognise the need of victimhood not just to be recognised as a term but to be experienced in the process of reaching what the Bill is set out to aim for: reconciliation with a small R.

--- Later in debate ---

[Lord Caine (Con)]

I am grateful to the noble Baroness. I do not think I was in any way ascribing those opinions to her. If she thinks I was, then I apologise.

[Lord Eames (CB)]

My Lords, I appreciate once more the manner in which the Minister has dealt with my amendments. I want to do everything I can to encourage him to take forward a little further the area I addressed. In light of what he has said, which does not surprise me, I beg leave to withdraw my amendment.

Amendment 9 withdrawn.