Northern Ireland Troubles (Legacy and Reconciliation) Bill

Lord Hogan-Howe Excerpts

Committee stage
Thursday 11th May 2023 Lords Chamber

Moved by

[Lord Hogan-Howe]

166: After Clause 42, insert the following new Clause—
“Amendment of the Code for Prosecutors for Troubles-related offences
In section 37 of the Justice (Northern Ireland) Act 2002 (Code for Prosecutors), after subsection (3) insert—“(3A) The code must ensure that the views, interests and well-being of victims, and of the families of deceased victims, are considered when determining whether criminal proceedings should be instituted for a Troubles-related offence.(3B) In relation to a Troubles-related offence the code must take account of—(a) the likelihood of the accused re-offending,(b) the time elapsed since the offence,(c) the volume and seriousness of the crime, and(d) the character and behaviour of the accused since offending.””

[Lord Hogan-Howe (CB)]

My Lords, I must make an apology because the noble Lord, Lord Hain, is unable to be in his place and I did not leap up quickly enough to speak to Amendment 147. I shall infuse into my comments on Amendment 166 some of what I would have said on Amendment 147.

My approach here is going to be brief. I am no expert on Northern Ireland. There are many people who live there and are experts. I spent two years as HMIC for the Police Service of Northern Ireland and I was head of the Met, which leads on counterterrorism investigations for the United Kingdom. That is the extent of my experience.

My interest in this Bill stems from a couple of things. First, my instinct is always that murderers and others who commit serious crime should not get away with it. However, I would subsume that interest if the people involved believe that no further action should be taken. The more this Bill has been heard in its various stages, the more I have been persuaded that no one from Northern Ireland supports this Bill and nor do many other people, which makes it rather difficult to support it in principle. My comments are really about how to mitigate some of the damages, should the Bill became law rather than whether it should become law, because it seems that it does not have the support of the people of Northern Ireland or, most importantly, the families and people who were most affected by the Troubles.

--- Later in debate ---

[Lord Caine (Con)]

My Lords, I am grateful to the noble Lord, Lord Hogan-Howe, for his intervention on this amendment. We have debated these issues at length so I do not propose to detain the House for long at this stage, but I commit to speaking further with him and the noble Lord, Lord Hain, in whose name the amendment stands.

The noble Lord has referred to Kenova. I am on record as saying that we are deeply appreciative of the work of Jon Boutcher and the way that he has gone about his business over the past number of years. As I say, I do not intend to detain the House, but I will engage with both noble Lords between now and Report.

[Lord Hogan-Howe (CB)]

I thank the Minister for his assurance and beg leave to withdraw the amendment.

Amendment 166 withdrawn.