Northern Ireland Troubles (Legacy and Reconciliation) Bill

Baroness Winterton of Doncaster Excerpts

Committee stage
Wednesday 29th June 2022 Commons Chamber

Question proposed, That the clause stand part of the Bill.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Amendment 73, in clause 2, page 3, line 11, leave out “one, two or”.

This amendment would require the ICRIR to comprise three other Commissioners, in addition to the Chief Commissioner and the Commissioner for Investigations. It is linked to an amendment to leave out paragraph 6 of Schedule 1.

Amendment 75, page 3, line 22, after “Troubles” insert

“sexual offences linked to conduct forming part of the Troubles”.

Amendment 74, page 3, line 25, at end insert—

“(4A) At least one Commissioner should have significant international experience or expertise.”

This amendment would include in the ICRIR’s functions referring Troubles-related sexual offences to prosecutors.

Amendment 76, page 3, line 41, at end insert

“and to the Northern Ireland Assembly and each House of Parliament”.

This amendment would require the ICRIR to provide a copy of its annual reports to Parliament and the Northern Ireland Assembly.

Clause 2 stand part.

Amendment 91, in schedule 1, page 48, line 34, leave out paragraph 6.

This amendment would require the ICRIR to comprise three other Commissioners, in addition to the Chief Commissioner and the Commissioner for Investigations. It is linked to an amendment to Clause 2(3).

Amendment 113, page 48, line 37, at end insert—

‘(1A) The Secretary of State must convene the appointments panel before appointing the Commissioners.

(1B) In this Schedule “appointments panel” means—

(a) the Attorney General for Northern Ireland,

(b) a member of the Commission for Victims and Survivors for Northern Ireland,

(c) the person who is the head of the Northern Ireland Civil Service, and

(d) a person with experience of managing major criminal investigations, appointed to the panel by the Northern Ireland Justice Minister.

(1C) The appointments panel must make a recommendation in relation to the appointment of a Commissioner.

(1D) Any such recommendation must be made with the agreement of all the members of the appointments panel.

(1E) The Secretary of State must act in accordance with the recommendation of the appointments panel in appointing a person to be a Commissioner.’

This amendment would require the Secretary of State to gain the approval of an appointments panel before appointing a commissioner.

Amendment 92, page 49, line 8, at end insert—

‘(4A) The term of office of a person appointed as a Commissioner under paragraph 7(1) must not begin before—

(a) the person has, in connection with the appointment, appeared before the relevant select committee of the House of Commons, and

(b) the House of Commons has approved the appointment by resolution no earlier than 10 sitting days after the person appeared before the relevant select committee of the House of Commons.

(4B) Sub-paragraph (4A) does not apply if the person is appointed as a Commissioner on an acting basis, pending a further appointment being made.

(4C) The reference to the relevant select committee of the House of Commons—

(a) includes the Northern Ireland Affairs Committee and the Justice Committee,

(b) if the name of a Committee is changed, is a reference to that Committee by its new name, and

(c) if the functions of those Committees (or substantially corresponding functions) become functions of a different Committee or Committees of the House of Commons, is to be treated as a reference to the Committee or Committees by which the functions are exercisable.

(4D) Any question arising under sub-paragraph (4C) is to be determined by the Speaker of the House of Commons.’

This amendment would require the appointment of Commissioners to be subject to parliamentary scrutiny and approval.

That schedule 1 be the First schedule to the Bill.

Clause 3 stand part.

Amendment 77, in clause 4, page 4, line 19, after “would” insert “reasonably”.

Amendment 78, page 4, line 21, after “would” insert “reasonably”.

Amendment 79, page 4, line 23, after “would” insert “reasonably”.

Clause 4 stand part.

Amendment 80, in clause 5, page 4, line 35, leave out “reasonably”.

This amendment would remove a limitation on the material which the Commissioner of Investigations may require a relevant authority to make available to the ICRIR.

Amendment 81, page 4, line 38, leave out “may” and insert “must”.

Amendment 82, page 5, line 1, leave out “, in the view of that authority, may” and insert “are”.

Clauses 5 and 6 stand part.

That schedule 2 be the Second schedule to the Bill.

Clauses 7 and 8 stand part.

Amendment 83, in clause 9, page 7, line 43, leave out from “subsection (1)” to end of line 44.

This amendment would remove the condition of appropriateness for another family member to make a request for a review where there are no close family members of the deceased.

Clause 9 stand part.

That schedule 3 be the Third schedule to the Bill.

Clause 10 stand part.

Amendment 84, in clause 11, page 9, line 35, at end insert—

‘(3A) A request for a review may be re-submitted to accord with the form or manner required by the Commissioner for Investigations.’

Clauses 11 and 12 stand part.

Amendment 111, in clause 13, page 11, line 10, at end insert—

‘(3A) The Commissioner for Investigations must ensure that each review—

(a) has access to all information, documents and other material held by Government Agencies that may be reasonably required for the exercise of the review,

(b) establishes whether any forensic opportunities exist to identify those responsible for a potential Troubles-related offence,

(c) identifies and engages any potential witnesses, members of the security forces or other persons who may be able to assist in identifying who is responsible for the Troubles-related offence,

(d) is conducted with integrity and objectivity, conforming to nationally recognised standards,

(e) does not overlook any investigative opportunities, and

(f) identifies and shares investigative and organisational best practice.’

This amendment would ensure that any review conducted by the ICRIR is carried out in line with the standards for Operation Kenova, the investigation into activities linked to an alleged British Army agent, known as Stakeknife.

Amendment 112, page 11, line 15, at end insert—

‘(4A) When exercising the powers conferred by subsection (4), the Commissioner for Investigations must ensure that each review is carried out in a timely manner.’

See explanatory statement for Amendment 111.

Clauses 13 and 14 stand part.

Amendment 95, in schedule 4, page 62, line 39, leave out “£1,000” and insert “£5,000”.

This amendment would increase the penalty for failure to comply with a notice under section 14 requiring the supply of information to the Commissioner for Investigations.

That schedule 4 be the Fourth schedule to the Bill.

Clauses 15 to 17 stand part.

Amendment 96, in clause 18, page 16, line 10, leave out “A to C” and insert “A to D”.

This is a paving amendment for Amendment 98.

Amendment 97, page 16, line 30, at end insert—

‘(6) If Condition C is not met because P’s account is found by the panel to be not true to the best of P’s knowledge and belief, the Chief Commissioner must direct the Commissioner for Investigations to submit a prosecution file to the Public Prosecution Service for consideration and direction.’

This amendment is intended to reduce the risk of claimants deliberately misleading the panel.

Amendment 98, page 16, line 30, at end insert—

‘(6A) Condition D: P has not fled the jurisdiction of any court in the United Kingdom [or Ireland] after being arrested or charged or being the subject of a warrant issued in connection with any Troubles-related offence.’

This amendment is intended to prevent the grant of immunity to any person subject to active proceedings who has moved abroad to escape prosecution.

Amendment 99, page 16, line 31, leave out “A to C” and insert “A to D”.

This amendment is consequential on Amendment 98.

Amendment 85, page 16, line 37, after “offences” insert “excluding rape and other serious sexual offences”.

This amendment would exclude rape and other serious sexual offences from immunity from prosecution.

Amendment 100, page 16, line 38, leave out subsections (9) to (12).

This probing amendment is one of a series removing general immunity from the Bill.

Amendment 115, page 17, line 7, at end insert—

‘(12A) But certain offences of sexual violence listed in Schedule (Exempt offences) must not be treated as within the scope of immunity from prosecution.’

This amendment is linked to NS1.

Amendment 101, page 17, leave out lines 13 and 14.

This probing amendment is one of a series removing general immunity from the Bill.

Amendment 102, page 17, leave out lines 21 and 22.

This probing amendment is one of a series removing general immunity from the Bill.

Amendment 119, page 17, line 24, at end insert—

‘(16A) Nothing in this Act confers any immunity from prosecution (after immunity has been granted to P) if P commits an offence under section 1 (encouragement of terrorism) of the Terrorism Act 2006 or section (Offence of glorifying terrorism: Northern Ireland) of this Act.’

Clauses 18 and 19 stand part.

Amendment 86, in clause 20, page 19, line 1, leave out subsection (4).

This amendment is intended to remove the possibility of immunity being granted solely on the basis of a perpetrator’s claims made with no corroboration.

Amendment 105, page 19, leave out lines 23 and 24.

This probing amendment is one a series removing general immunity from the Bill.

Amendment 106, page 19, leave out lines 26 and 27.

This probing amendment is one a series removing general immunity from the Bill.

Clause 20 stand part.

Amendment 87, in clause 21, page 19, line 41, at end insert—

‘(2A) The same panel membership must hear the whole of an immunity request.’

Amendment 88, page 20, line 3, at end insert—

‘(3A) Where a panel has been reconstituted in accordance with subsection (3), the reconstituted panel must hear the whole immunity request afresh.’

Clauses 21 and 22 stand part.

Amendment 89, in clause 23, page 21, line 6, leave out “reasonable”.

Amendment 90, page 21, line 16, leave out paragraphs (4) and (5).

Clauses 23 to 25 stand part.

That schedule 5 be the Fifth schedule to the Bill.

That schedule 6 be the Sixth schedule to the Bill.

Clauses 26 and 27 stand part.

That schedule 7 be the Seventh schedule to the Bill.

Clauses 28 to 32 stand part.

New schedule 1—Exempt Offences—

‘1 The following offences are not to be treated as within the scope of immunity from prosecution (see section 18 (12A)).

2 An offence under any provision of the Sexual Offences Act 1956.

3 An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards child under 14).

4 An offence under section 54 of the Criminal Law Act 1977 (inciting child under 16 to commit incest).

5 An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).

6 An offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a child).

7 An offence under any provision of the Sexual Offences Act 2003.

8 An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images).

9 An offence under section 62 of the Coroners and Justice Act 2009 (possession of prohibited images of children).

10 An offence under section 33 of the Criminal Justice and Courts Act 2015 (disclosing private sexual photographs and films with intent to cause distress).

11 An offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).

12 An offence at common law of outraging public decency.

13 A reference in paragraphs 2 to 14 to an offence (“offence A”) includes—

(a) a reference to an attempt to commit offence A,

(b) a reference to a conspiracy to commit offence A,

(c) a reference to incitement to commit offence A,

(d) a reference to an offence under Part 2 of the Serious Crime Act 2007 in relation to which offence A is the offence (or one of the offences) which the person intended or believed would be committed, and

(e) a reference to aiding and abetting, counselling or procuring the commission of offence A.’

This new schedule would exclude sexual offences from being granted immunity, and is linked to Amendment 115.

[The Minister of State, Northern Ireland Office (Conor Burns)]

It is a humbling experience to come before the Committee to deal with the first of the two days in Committee of the Northern Ireland Troubles (Legacy and Reconciliation) Bill.

On Monday evening, I attended an event at Queen’s University Belfast hosted by the vice-chancellor Professor Ian Greer, where we heard video messages from President Clinton, Sir Tony Blair and my right hon. Friend the Prime Minister, and we heard speeches from me and the former Taoiseach Bertie Ahern. We gathered to pay tribute to my right hon. and noble Friend Lord Trimble, to thank him for his career of service in Northern Ireland and to thank his wife Daphne for her support of him over all those years. In my remarks, I said that we thanked him for his courage to compromise, his conviction to lead and his audacity to dream. I reflected on how much Northern Ireland has changed over the years since the Belfast/Good Friday agreement, of which he was such a key part.

The measure before the Committee is an attempt to try to continue the process of moving Northern Ireland on. I begin by genuinely and humbly saying that these measures are difficult, are a compromise and are contested. I pay tribute to my right hon. Friend the Secretary of State, who has had the courage to grapple with this issue when many others in the years since the Belfast/Good Friday agreement simply decided that it was too difficult.

--- Later in debate ---

[Gavin Robinson]

On a point of order, Dame Rosie. For the sake of clarity and for the benefit of all Members, may I ask you to confirm that there will be a Report stage? I have listened to these exchanges, but given the timescale that we have for the Bill’s remaining stages on Monday—given that the second day of the Committee stage will end an hour before the moment of interruption—and given the likelihood of many Divisions, I expect that there will not even be time for a substantive Third Reading, let alone a Report stage.

Just in case people fall into the view that there will be enough time for a Report stage and the opportunity to table further amendments, I must express my view that that will not be the case on Monday. But I ask you, Dame Rosie, for clarification.

[The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)]

Report stage is currently scheduled for Monday. As I understand it, amendments would need to be tabled at the close of Committee stage on Monday, as manuscript amendments. I hope that is helpful.

[Gavin Robinson]

Further to that point of order, Dame Rosie. In principle there can be a Report stage, but in practice, if the Committee stage runs until an hour before the end of proceedings and there are Divisions—four, potentially—there will be no time whatever for a Report stage or a Third Reading. We cannot predict what will happen with Divisions, but I am asking for confirmation that a set of circumstances could arise whereby no effective Report stage would occur.

[The First Deputy Chairman]

Obviously it is difficult to predict what would happen on the day. In such circumstances, Members can all agree that they wish to allow enough time for Report stage by means of shorter speeches or fewer votes. On the other hand, I understand that it is also possible for the business managers and the Government to table a Business of the House motion that could perhaps give specific protected time to a Report stage, but that would be a decision for the Government. Again, I hope that that is helpful.

[Simon Hoare]

Further to that point of order, Dame Rosie.

[The First Deputy Chairman]

I am slightly anxious that we will use the whole debate for points of order, but I will take this one from the hon. Gentleman.

[Simon Hoare]

It was my understanding, Dame Rosie, that the usual channels could alter the programme motion, but could you also confirm that when we reached the stage of what we normally describe as ping-pong, were such an amendment to be passed in the other place, we would debate it here in the context of the Government’s response to the amendment? That would also afford an opportunity for this place to accept an amendment from their lordships that the Government might still be trying to resist, although I doubt that they would. Is that not still open to us as Members of the House of Commons?

[The First Deputy Chairman]

This is something that I suggest would lead to ping-pong, as the hon. Gentleman calls it, but, again, the scheduling is not a matter for the Chair; it is a matter for the business managers and the Government.

I have a feeling that the Minister has heard all the points that have been made, and I think we should probably return to the debate.

[Conor Burns]

I am conscious that I have taken a significant number of interventions so far this afternoon, so, if I may, I will make some progress and talk briefly about the actual content of the Bill—