Ms Nusrat Ghani

With this it will be convenient to consider the following: Clauses 73 to 76 stand part. Government amendment 232. Clause 77 stand part. Clauses 78 to 81 stand part. Amendment 74, in clause 82, page 64, line 39, after “ICIR” insert “, and (h) analysis of the ICIR’s engagement with non-state actors”. Clause 82 stand part. Government amendments 233 to 235. Clause 83 stand part. Amendment 51, in clause 84, page 66, line 6, at end insert— “(1A) Notwithstanding the provisions of subsection (3), no inquest may be resumed in relation to the deaths resulting from Operation Judy in Loughgall in 1987.” Amendment 109, page 66, line 18, leave out paragraph (b) and insert— “(ab) for subsection (2) substitute— ‘(2) The Presiding coroner has the power to allocate a coroner to resume and conduct such inquests.’ (ac) Omit subsection (3).’” This amendment would require all inquests arising from the Northern Ireland Troubles to be subject to a coroner-led process. Government amendments 236 and 237. Amendment 20, page 67, line 3, at end insert— “(5) If during the course of an inquest it appears to the coroner that the death may have resulted from a criminal offence, he shall stop the inquest and refer the matter of potential criminality to the Director of Public Prosecutions.” Amendment 111, page 67, leave out from the beginning of line 4 to the end of line 11 on page 68. Amendment 113, page 67, line 10, leave out from “must” to end of line 12. This amendment along with Amendments 114 and 115 would require all inquests that were initiated before 1 May 2024, but had not yet been allocated to a coroner, to be directed to the Legacy Commission’s senior judicial panel member for allocation as inquisitorial proceedings. Government amendment 238. Amendment 114, page 67, leave out lines 17 to line 6 on page 68. This amendment is consequential to Amendment 113. Government amendment 239. Amendment 115, page 68, leave out line 16. This amendment is consequential to Amendment 113. Amendment 129, page 68, line 32, leave out subsection (3) and insert— “(3) A coroner conducting a resumed inquest must not do anything which duplicates anything previously done in connection with the inquest unless— (a) a New Evidence Certificate has been issued under section 30 and, (b) in their view, the duplication is essential.” This amendment requires a New Evidence Certificate to be issued before resumed inquests may duplicate previous investigative steps. Amendment 32, page 68, line 34, after “essential” insert “, if the inquest in question involves a person who has served in His Majesty’s Armed Forces or a former member of the Royal Ulster Constabulary.” Amendment 33, page 69, line 2, after “A person” insert “who has served in His Majesty’s Armed Forces or a former member of the Royal Ulster Constabulary and who is”. Government amendment 240. Amendment 112, page 69, leave out from the beginning of line 35 to the end of line 16 on page 70. Government amendments 241 to 243. Clause 84 stand part. Amendment 142, in clause 85, page 70, line 39, at end insert— “(5) A decision under this section is subject to section (Review of certain decisions relating to Veterans) where that section applies.” Clauses 85 to 87 stand part. Government amendment 244. Clause 88 stand part. Amendment 105, in clause 89, page 73, line 1, leave out subsection (4). This amendment would remove the retrospective effect of the interim custody order provisions. Clause 89 stand part. Amendment 106, in clause 90, page 73, line 7, leave out “does not affect the quashing of the conviction, but” and insert “shall not be applied retrospectively, and”. This amendment and Amendment 107 clarify that the quashing of previous convictions on the grounds that the Secretary of State had not personally signed an interim custody order should not be disregarded for the purposes of securing compensation for miscarriages of justice. Amendment 107, page 73, line 8, after “is” insert “not”. See the explanatory statement for Amendment 106. Clause 90 stand part. Government new clause 49—Guidance about prosecution of Troubles-related offences: Northern Ireland and England and Wales. Government new clause 50—Consent requirement for prosecution of indictable-only Troubles-related offences. Government new clause 51—On the run letters. Government new clause 52—Removal of bars on bringing civil claims relating to the Troubles. Government new clause 53—Independent reports about effect of certain provisions etc on former members of the security forces. New clause 7—Annual Reporting on Recruitment and Retention within the Armed Forces— “(1) The Secretary of State must, within three months of any regulations being made under section 97(4) to commence this Act, appoint a person to act as an independent reviewer of the effect of this legislation on recruitment and retention in the United Kingdom Armed Forces (“the independent reviewer”). (2) The person appointed under subsection (1) must— (a) not have previously held elected political office in the United Kingdom; (b) not be a current member of a political party registered in the United Kingdom; (c) not be a current employee of a political party registered in the United Kingdom; (d) not be a current employee of the Northern Ireland Civil Service or of the United Kingdom Civil Service; (e) not be a current employee of the British Armed Forces. (3) The process for appointing the independent reviewer shall be conducted by the Commissioner for Public Appointments. (4) The person appointed as the independent reviewer under subsection (1) shall have a term in office of five years, renewable for a single additional term by the Secretary of State. (5) The independent reviewer must provide a report to the Secretary of State within six months of their appointment and every twelve months thereafter on the impact of this Act on recruitment and retention in the United Kingdom Armed Forces. (6) On receiving a report under subsection (5), the Secretary of State must lay a copy of it before Parliament along with the Secretary of State’s response to the report’s findings. (7) The Secretary of State may pay the expenses of the independent reviewer and may also pay them such allowances as the Secretary of State, with the advice of the Commissioner for Public Appointments, determines.” New clause 12—Duty to promote reconciliation— “(1) The Secretary of State must publish a strategy for the promotion of reconciliation in Northern Ireland arising from and in connection with the implementation of this Act. (2) The strategy must set out how the Secretary of State intends to— (a) support the transition from the legacy of the Troubles to a stable and shared future; (b) foster constructive relationships between different communities in Northern Ireland; and (c) acknowledge the suffering of victims and survivors. (3) In preparing the strategy, the Secretary of State must consult— (a) the Legacy Commission; (b) the Northern Ireland Affairs Committee of the House of Commons; (c) the Victims and Survivors Advisory Group; and (d) such other persons as the Secretary of State considers appropriate. (4) The Secretary of State must lay a copy of the strategy before both Houses of Parliament within six months of the Act coming into force. (5) In this section, references to the Northern Ireland Affairs Committee shall, if the name of the Committee is changed, be taken to be references to the Committee by whatever name it is for the time called.” This new clause places a statutory duty on the Secretary of State to produce and publish a strategy for promoting reconciliation in Northern Ireland in connection with the implementation of the Act. New clause 22—Restriction on repeated investigations without new and compelling evidence— “(1) The Independent Commission for Reconciliation and Information Recovery (“the ICRIR”) must not begin, continue, or reopen any review or investigation of conduct forming part of the Troubles where— (a) that conduct has previously been the subject of an investigation, inquest or other legal proceedings, and (b) no new and compelling evidence has become available. (2) For the purposes of this section, “new and compelling evidence” means evidence which— (a) was not available to any previous investigation, inquest or proceedings, and (b) is reliable, substantial and highly probative such that it gives rise to a realistic prospect of a different outcome. (3) No review or investigation may be begun, continued or reopened by virtue of subsection (1) unless the Secretary of State has certified that— (a) the test in subsection (2) is met, and (b) it is in the interests of justice to proceed. (4) In deciding whether to issue a certificate under subsection (3), the Secretary of State must have regard to— (a) the public interest in finality of investigations, (b) the age, health and welfare of the person concerned, and (c) the need to ensure fair and proportionate treatment. (5) The Secretary of State must by regulations make provision for an independent review of decisions made under subsection (3).” This new clause would prevent the reopening or continuation of Troubles-related investigations or reviews where there is no new and compelling evidence, and introduces a certification requirement whereby the public interest, age and health of persons concerned, and the need for fair and proportionate treatment are considered before a review or investigation may be begun, continued, or re-opened. New clause 30—Mandatory Compliance with Medical Certificate— “(1) This section applies where a person (“P”) is required, or has been requested, to give evidence in connection with— (a) an investigation under Part 3; (b) inquisitorial proceedings under Part 4; or (c) a resumed inquest under Part 7. (2) Where P has provided a certificate issued by a registered medical practitioner stating that P is unfit to give oral evidence, the relevant decision-maker must not require P to give oral evidence unless subsection (3) applies. (3) Where there are substantial grounds to believe that a medical certificate produced by P has been procured by fraud, or in any other way dishonestly, the relevant decision-maker may require P to disclose their full medical records for the purposes of determining P’s fitness to give evidence. (4) Where medical records have been requested under subsection (3), P is under no obligation to supply those records to any person other than the relevant decision maker and such records shall not be supplied by the decision maker to any other individual. (5) Save where the circumstances described in subsection (3) apply, and the decision-maker determines that P is in fact fit to give evidence, no adverse inference may be drawn from any person’s reliance on medical unfitness certification. (6) For the purpose of this section, “the relevant decision-maker” means— (a) the relevant Director of Investigations; (b) the relevant judicial panel member; or (c) the coroner conducting the resumed inquest (as the case may be).” New clause 31—Review of certain decisions relating to Veterans— “(1) This section applies where a decision is made under— (a) section 28(11) (requests for investigations by certain persons); (b) section 43 (referral to prosecutors: investigations); (c) section 61 (referral to prosecutors: inquisitorial proceedings); or (d) any provision of Part 7 (inquests). (2) A person to whom the decision relates may, within such period as may be prescribed by regulations made under the affirmative statutory instrument procedure by the Secretary of State, request that the decision be reviewed in accordance with this section. (3) Where a request is made under subsection (2), the decision must be referred to— (a) the Attorney General for England and Wales; (b) a person appointed by the Attorney General for England and Wales who— (i) holds or has held high judicial office in the courts of England and Wales; and (ii) does not hold office in Northern Ireland. (4) A reviewer under subsection (3) may— (a) confirm the decision; (b) quash the decision; (c) remit the decision to the original decision maker for reconsideration, together with directions as to the matters to which regard must be had in reconsidering the decision.” This new clause provides for the review of certain decisions by the Attorney General, or a serving or former Judge from outside Northern Ireland. New clause 54—Reconciliation, transparency and memorialisation of the Troubles— “(1) The Secretary of State must, within six months of this Act receiving Royal Assent, lay before both Houses of Parliament a statement on the implementation of Part 4 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (“the 2023 Act”). (2) The statement made by the Secretary of State must include, but be not limited to— (a) details on how the implementation of Part 4 of the 2023 Act will occur in relation to the entry into force of this Act. (b) a proposed appointment process for selecting “designated persons”, for the purposes of Part 4 of the 2023 Act, that is transparent and guarantees the independence of those persons appointed. (c) provisions detailing the reconciliation projects that will receive funding from His Majesty’s Government.” This new clause would require the Government to make a statement on progress in implementing Part 4 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, reflecting recommendations made by the Northern Ireland Affairs Committee in its Second Report of Session 2024–26. Government amendment 245. Clause 91 stand part. Government amendments 267 to 275. Schedule 6 stand part. Clause 92 stand part. Amendment 277, in clause 93, page 76, line 10, leave out “, or” and insert “, (ea) F is a grandparent of D, (eb) F is an aunt or uncle of D, (ec) F is a niece or nephew of D, (ed) F is a grandchild of D, or”. This amendment would extend the definition of a close family member of a deceased person, as recommended by the Northern Ireland Affairs Committee in its Second Report of Session 2024-26. Government amendments 246 to 248. Clause 93 stand part. Government amendments 249 and 250. Clause 94 stand part. Clauses 95 and 96 stand part. Amendment 45, in clause 97, page 78, line 35, after “(2)” insert “and subject to the provisions of subsections (3A) and (3B)”. This amendment is a paving amendment for Amendment 46. Government amendment 251. Amendment 46, page 78, line 36, at end insert— “(3A) No regulations may be made by the Secretary of State under subsection (3) unless the condition in subsection (3B) is met. (3B) The condition in this subsection is that the Secretary of State must lay before both Houses of Parliament a written statement which outlines the steps undertaken by both the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland to implement the undertakings made in “The Legacy of the Troubles: A Joint Framework between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland” (“the Joint Framework”), including, but not limited to, a report of the Secretary of State’s understanding of progress on— (a) a cross-border body on information retrieval, (b) the establishment of a dedicated unit within An Garda Síochána to be a central point of contact for cross-border cooperation on Troubles-related cases and Troubles-related investigations being undertaken by An Garda Síochána, (c) the investigation by An Garda Síochána of all unresolved Troubles-related incidents within its jurisdiction.” Clauses 97 and 98 stand part.