Part of Northern Ireland Troubles (Legacy and Reconciliation) Bill - Commons Amendments – in the House of Lords am 3:51 pm ar 5 Medi 2023.
My Lords, I beg to move Motion A and will speak also to Motions B and C.
We have debated these issues at great length since this Bill was introduced in your Lordships’ House in July 2022. I will therefore speak briefly to the remaining issues today. I have always been the first to acknowledge the challenging nature of this legislation and how it requires some very difficult and finely balanced political and moral choices. The Government have, however, continued to listen and sought to strengthen the legislation. Since July last year, I alone have had more than 80 meetings on legacy issues, mostly in Northern Ireland, but also in Ireland, the US and of course in your Lordships’ House. My right honourable friend the Secretary of State has also had a large number of meetings on these issues.
Motion A1, regarding the conduct of reviews by the commission, raised a number of important issues, and I am extremely grateful to the noble Lord, Lord Hain, a distinguished former Secretary of State, for the manner in which he has engaged on these matters. This engagement has resulted in a number of key amendments to strengthen this aspect of the Bill. This includes amendments expressly to confirm that the Commissioner for Investigations, when exercising operational control over the conduct of reviews and other functions, must comply with obligations imposed by the Human Rights Act 1998 and to make clear that the independent Commissioner for Investigations will determine whether a criminal investigation should form part of any review. The noble Lord has, therefore, already significantly influenced this Bill during its passage, and I genuinely thank him for that.
Respectfully, however, I would suggest that the content of the noble Lord’s amendments has been extensively addressed by the package of amendments tabled both on Report and subsequently at Commons consideration by the Government. Indeed, my right honourable friend the Secretary of State tabled two amendments in lieu in the other place to address further the concerns raised by the noble Lord, Lord Hain, through these amendments.
The first of these amendments, Amendment 20A, clarifies that the duty to look into all the circumstances of a death or harmful conduct when carrying out a review applies no less rigorously in a case where the Commissioner for Investigations has decided that a criminal investigation should not take place. Amendment 20B emphasises the importance of the involvement of victims’ families in the review process. It does so by placing the commission under an express obligation to include in its final report answers to any questions posed by family members as part of a request for a review, where it has been practicable to obtain the requested information as part of that review. I should remind the House that both these amendments in lieu were accepted in the other place without the need for a vote.
Turning to Amendment 20D in the name of the noble Lord, Lord Hain, the Government are also unable to accept the addition of a power that would allow the Secretary of State to prescribe standards under subsection (6A) as an alternative to attempting to provide for those standards on the face of the Bill.
The Government consider it vital to safeguard the independence of the commission. This is something that we have worked very hard to do, and to strengthen, during the Bill’s passage, in direct response to a number of points made in your Lordships’ House. In our view, any such power as set out in the noble Lord’s amendment would run directly counter to this objective.