Northern Ireland Troubles (Legacy and Reconciliation) Bill

Lord Eames Excerpts

Committee stage
Tuesday 31st January 2023 Lords Chamber

[Baroness O'Loan (CB)]

My Lords, I support the amendments tabled by the noble Baronesses, Lady Suttie and Lady Ritchie, and the noble Lord, Lord Murphy, which provide for the inclusion of victim impact assessments, which are now part of normal criminal justice processes, in the consideration of a final report on a review or an investigation.

I cannot help noticing that the word “victims” appears but twice in the Bill. One is in Clause 49, which states that the designated persons are to be appointed by the Secretary of State under Clause 50 if he

“is satisfied that the person would make a significant contribution to the performance of the functions which are imposed by sections 43, 44 and 46”,

in Part 4, “Memorialising the Troubles”. Clause 50 states:

“When deciding whether to designate a person, the Secretary of State must have regard to whether the person is supported by different communities in Northern Ireland and will act independently of the influence of any other persons.”


Questions must arise here. Do they have to be supported by different communities? What are different communities? Are we back to sectarian headcounts? The legislation provides that:

“The designated persons must use their best endeavours to establish an advisory forum consisting of other persons”—


simply “use their best endeavours”, not just establish it—including

“persons who represent the views of victims and survivors of events and conduct forming part of the Troubles”.

The only other reference to victims appears in paragraph 5 of Schedule 11, which relates to the situation in which a person asks the Secretary of State for information about any application which may have been made for release under the sentences Act by a person who is serving a sentence of imprisonment for at least five years or for life. Two fairly insignificant changes are made to the information to be provided to the victim about the convicted person. In a Bill that the Government have presented as being designed to bring reconciliation to Northern Ireland, these minor but very important amendments would do something to promote the interests of victims.

[Lord Eames (CB)]

My Lords, I too want to give some support to this amendment because it touches on what we were crying out for in earlier debates, which is a small but significant voice for victims. As I tried to say this afternoon, these are real people who would perceive in some ways the legislation as it stands as being tilted against the victimhood that they had suffered. I want to see some more thought given to what that means, but I support the pith and substance of what is involved.