My Lords, as has been said many times, the Government’s primary focus has been to establish one effective legacy body focused on providing better outcomes for families. We want to ensure that organisations such as the PSNI, the Police Ombudsman and the judiciary are able to focus their capabilities and resources on the present, not the past.
It remains our view that the commission, when established, should be the sole body responsible for Troubles-related cases. However, we are mindful of concerns about the ending of some existing ongoing processes. This is particularly the case given the current legislative timetable and the expected timeframe for the independent commission to become fully operational. Amendments 106, 129, 151, 155 and 156 in my name therefore ensure that ongoing criminal investigations, ombudsman investigations, the consideration of prosecution decisions, coronial inquests and the publication of reports will continue until 1 May 2024, when the commission will become fully operational.
Amendment 91 removes the provision which allows reports or statements about criminal investigations to be produced for a limited period after Clause 34 comes into force. That is now redundant, given my amendments to extend this time to 1 May 2024.
I hope that the additional time provided will be welcomed by noble Lords who have expressed concern regarding specific work, including Operation Kenova and Operation Denton. We hope that the additional time provided will allow such cases to conclude their work while ensuring a smooth transition between the ending of the current mechanisms and the commission taking on all responsibility for outstanding cases.
Our amendment provides until 1 May 2024 for inquests to conclude. Since the Bill’s introduction, expeditious case management in order to reach an “advanced stage” has resulted in the overloading of a system that was already struggling under incredible pressure, causing delay and frustration. This amendment will ensure that resources will now be focused on completing those inquests that have a realistic prospect of conclusion in the next year.
Troubles-related cases that do not conclude by 1 May 2024 will be transferred to the fully operational new commission led by Sir Declan Morgan as chief commissioner—the man who was responsible, as noble Lords will know, for reforming the inquest system a number of years ago. It is the Government’s expectation that this amendment provides sufficient time for coroners and Sir Declan as chief commissioner to develop a considered plan that will allow for the seamless handover of outstanding cases to the new commission.
Going back to our previous debate, I remind noble Lords that the independent commission will be supported by a legislative requirement of full disclosure by state bodies, and it will have access to all necessary policing powers and the power to compel witnesses to comply with its reviews. At the conclusion of any review, the commission will be able to make findings, made public via a family report, in a manner similar to an inquest.
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In response to concerns raised by the Lord Advocate, which I had the pleasure of discussing last week with the Solicitor-General for Scotland, Amendment 87 in my name ensures that in circumstances where, following a review, the commissioner for investigations considers that there is evidence that an offence has been committed under Scots law—and immunity from prosecution for that offence has not been granted—the Lord Advocate has the power to direct a referral allowing her to consider the case for prosecution. The commissioner for investigations must comply with such a direction unless the suspect has been granted immunity from prosecution for the offence concerned. This demonstrates the Government’s commitment to respecting the particular constitutional arrangements in Scotland regarding the role of the Lord Advocate and ensuring that the Bill operates as intended in all three of the UK’s criminal justice jurisdictions. I beg to move.