Northern Ireland Troubles (Legacy and Reconciliation) Bill

Baroness Winterton of Doncaster Excerpts

Committee stage
Monday 4th July 2022 Commons Chamber

[Madam Deputy Speaker (Dame Rosie Winterton)]

Government manuscript new clause 1 and Government manuscript amendments 1 to 4 have been selected. They replace amendment 115 and new schedule 1, relating to sexual offences, which were agreed in Committee on Wednesday last week.

Manuscript New Clause 1

No immunity from prosecution for sexual offences

‘(1) This section applies if under section 18—

(a) a person (P) has requested the ICRIR to grant P immunity from prosecution,

(b) conditions A to C are met, and

(c) some or all of the identified possible offences are Troubles-related sexual offences.

(2) If all of the identified possible offences are Troubles-related sexual offences, the ICRIR must not grant P immunity from prosecution.

(3) Accordingly, section 18(1) and (7) to (16) do not apply.

(4) If some of the identified possible offences are Troubles-related sexual offences—

(a) the immunity requests panel must not decide under section 18(7) that P should be granted immunity from prosecution for—

(i) any identified possible offence that is a Troubles-related sexual offence, or

(ii) a description of offences that includes any Troubles-related sexual offence; and

(b) the ICRIR must not grant P immunity from prosecution for any Troubles-related sexual offences.

(5) Accordingly, section 18(7) to (13) have effect subject to subsection (4).

(6) In this section “Troubles-related sexual offence” means any Troubles-related offence that is—

(a) a sexual offence, or

(b) an inchoate offence relating to a sexual offence.

(7) For the purposes of this section “sexual offence” includes—

(a) rape;

(b) any offence committed by—

(i) sexual assault,

(ii) sexual activity, or

(iii) causing or inciting another person to engage in sexual activity;

(c) any offence relating to indecent images of children.

(8) For the purposes of this section “inchoate offence relating to a sexual

offence” includes an offence of—

(a) attempting to commit a sexual offence;

(b) conspiracy to commit a sexual offence;

(c) incitement to commit a sexual offence;

(d) aiding, abetting, counselling or procuring the commission of a sexual offence.

(9) The Secretary of State may, by regulations, make provision about the meaning of—

(a) “sexual offence”, or

(b) “inchoate offence relating to a sexual offence”;

for the purposes of this section (including provision specifying offences which are to comprise, or to be included in, that definition).

(10) Regulations under subsection (9) are subject to negative procedure.’—(Conor Burns.)

This new clause provides that immunity from prosecution cannot be granted for sexual offences. It replaces the amendments made on day 1 of Committee of the Whole House by amendment 115 and New Schedule 1.

Brought up, read the First and Second time, and added to the Bill.

Clause 2

The Independent Commission for Reconciliation and Information Recovery

Manuscript amendment made: 1, page 3, line 20, after “offences” insert

“other than Troubles-related sexual offences”.—(Conor Burns.)

This amendment reflects the exclusion of Troubles-related sexual offences from the immunity provisions by New Clause 1.

Clause 18

Immunity from prosecution

Manuscript amendments made: 2, page 17, line 7, at end leave out subsection (12A).

This amendment leaves out subsection (12A) inserted on the first day of Committee of the Whole House by amendment 115. It is replaced by New Clause 1.

Manuscript amendment 3, page 17, line 24, at end insert—

“( ) This section is subject to section (No immunity from prosecution for sexual offences).”—(Conor Burns.)

This amendment provides that clause 18 has effect subject to New Clause 1 (which provides that immunity from prosecution cannot be granted for sexual offences).

Schedule 4A

Exempt Offences

Manuscript amendment made: 4, page 66, line 26, leave out Schedule 4A.—(Conor Burns.)

This amendment leaves out the Schedule inserted on day 1 of Committee of the Whole House by New Schedule 1. It is replaced by New Clause 1.

Third Reading

--- Later in debate ---

[Peter Kyle]

I echo the Secretary of State’s comments in congratulating everybody who has taken part in our debates and thanking them for their commitment to all stages of this Bill. We have had vigorous and sometimes difficult conversations, and we have heard some heartfelt explanations of how these issues have touched so many people’s lives.

However, the grinding reality is that, following Second Reading and the hours in Committee, the Bill still has no support from any Northern Ireland party, and it still has no support from any victims group in Northern Ireland. The Northern Ireland Human Rights Commission, a statutory body established as part of the Good Friday agreement, says the Bill is still unlikely to be compliant with human rights law. How can Ministers bring forward a Bill that fails stakeholders so comprehensively?

The Opposition have been responsible in trying hard to propose workable solutions. I hope Ministers will acknowledge that even when, last Wednesday, the Government could not carry the Committee of the whole House on a key amendment, we acted responsibly and worked constructively to try to solve that challenge with the workable manuscript amendments that are now part of the Bill.

Even though we have done our best to improve the Bill, we cannot agree with it as it stands on Third Reading. Our concerns are simply fundamental. The amnesty that the Bill gives to those who committed crimes during the troubles is too easy to earn. Amnesty is set above investigations, and the investigations are downgraded to reviews. Most fundamentally of all, the Bill gives more rights to people who committed crime during the troubles than it does to their victims. For those reasons, we will be opposing it on Third Reading.

[Madam Deputy Speaker (Dame Rosie Winterton)]

I call SNP spokesperson Richard Thomson.