My Lords, I speak for the first time on this legislation. During Second Reading, I was in the south Atlantic on the 40th anniversary of the liberation of the Falklands. Having
expected to be fully part of the legislation, I have not been so far. I speak with a fair degree of trepidation because there are clearly so many experts and former Secretaries of State. When I speak on my normal portfolio, I feel as if I am probably just about pitching things right, and I hope this evening I manage to get the tone right.
First, I join the noble Lord, Lord Hain, in pointing out that we are indebted to the noble Baroness, Lady O’Loan. So many of the amendments on this Bill have been framed by the noble Baroness, who has reviewed the Bill forensically as far as anybody can tell. She has certainly caused these Benches to look at and think about some of the issues that have been raised.
In reporting, there is always a balance between needing to have appropriate reporting and putting too many requirements on to Ministers, officials and others. It is a tendency for opposition parliamentarians when amending legislation to say, “We’d like the Government to report on something.” Amendment 5 makes a lot of sense; we should not have excessive reporting expectations.
I have a few questions about the extent of the pressure we are putting on officials. Would we be able to deliver some of the amendments being proposed? Also, one of the issues that has come up across this group seems to be about resources. One of the issues for your Lordships’ House is that, if something is deemed to be a finance Bill—if we say there needs to be resources—at some point the other place might say “That is not your remit.”
One of the things I want to ask the Minister is the extent to which he envisages it being possible for the Government to look at the appropriate resource to enable the aims and ambitions of the Bill to be fulfilled. As the noble Lord, Lord Hain, pointed out, there is not a great deal of point in pushing through legislation, which in itself is disputed and contested by so many, if, in the end, victims feel that their cases are not being looked at adequately. Can the Minister either tell the House or undertake to go away and consider whether it is realistic to be thinking about resources to ensure that His Majesty’s Government will provide additional funding to investigate legacy cases, so that those do not fall on the budget of the current Government of Northern Ireland? That seems to be something which we ought to look into.
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I have a couple of other questions relating to Amendment 98, in the name of the noble Baroness, Lady O’Loan. There was talk about a Maxwellisation process; is that realistic? Does the Minister think that offering somebody the opportunity to comment on some aspects of a report about themselves, and not the whole report, is a viable approach? Or when the report comes out, is somebody likely to say, “That doesn’t reflect what I said”? I have some concerns about that.
Similarly with the amendments put forward by the noble Lord, Lord Bew, the first part of Amendment 99 appears very sensible and to be fairly well delimited. But on the second part, proposed new subsection (6B), one concern is whether it would be proportionate if we are suggesting that
“the Chief Commissioner has used his or her best endeavours to locate a close family member”
and so on. If the Minister were minded to accept this amendment or something like it, would it be possible or desirable to define a little better what could be meant by “best endeavours”? Again, we could be looking at putting a lot of resource into some activity that might be really difficult. All these amendments have some merit, but with Amendment 99 there are some questions about its proportionality.