My Lords, I will speak to Amendments 99 and 101 in this group, which are in my name and those of the noble Baroness, Lady Hoey, and the noble Lords, Lord Empey and Lord Godson. As we have just heard from the noble Baroness, Lady O’Loan, the amendments are designed to focus on the possible functioning of the commission, the ICRIR. I think I will say “the commission” and follow the Minister’s advice on that: I do not want to struggle late at night with that mouthful of letters.
I say first to the Minister that it has been a hard day’s work. He has all my sympathy and is entitled to feel, given the amount of work and effort he has put into this Bill, that he has also somebody who supports the Bill, albeit somebody who is coming up and raising difficulties, although I hope of a containable sort. That might be a little bit more than flesh can bear at this stage in the proceedings.
I want to address an issue that has been at the centre of discussion during the week in Belfast: the article by Neil Faris in the Belfast News Letter—three articles in fact—about the possible functioning or the future functioning of the commission. It is perfectly possible that some of the concerns that exist and are expressed in those articles may be overstating and the Minister can allay them. But essentially my two
amendments are both directed in that respect. They seek to balance the rights of those who may be named in reports with the rights of those requesting reviews, and particularly (6A)(a), (b) and (c) in my amendment are designed to achieve that end.
In the case of Amendment 101, it is a linguistic change, again with the same objective of balancing the rights of those who are at the other side of this process with those actually carrying out any review. One key point I want to make is quite simply that we have talked a lot already about what is or is not Article 2 compliant. But the UK Government also have a responsibility with respect to Article 8, respect for private and family life, and Article 10, freedom of expression, and both these rights also must be respected.
The particulars in new subsections (6A) and (6B) draw on best practice in the world of civil litigation, particularly inquiries by public bodies into alleged misconduct falling short of criminality. I would be happier if I felt that the Government were considering this best practice and how it has evolved, particularly since 2016, to ensure fairness when the commission indeed gets up and running. There are concerns at the moment about how the commission might actually work in practice. Those are concerns that the Minister and the Government have the capacity to meet, and that is really the point that lies behind my amendments, which are also in the name of the noble Baroness, Lady Hoey: Amendments 99 and 101.