Moved by
Lord Caine
85: After Clause 22, insert the following new Clause—
“Personal statements by persons affected by deaths etc
(1) This section applies in relation to—
(a) each review of a death which the ICRIR carries out following a request made under section 9;
(b) each review of other harmful conduct which the ICRIR carries out following a request made under section 10;
(c) each request for immunity from prosecution that is made under section 18 (whether or not the ICRIR carries out a review following a decision made under section 12(2) or (3), and whether or not the ICRIR has made such a decision).
(2) The Chief Commissioner must give an eligible person an opportunity to provide a personal statement to the ICRIR.
(3) If an eligible person provides a personal statement, the Chief Commissioner must give that person an opportunity to supplement the statement.
(4) In this section “personal statement” means a statement by an eligible person about the way in which, and degree to which, the Troubles-related events have affected and continue to affect—
(a) that person, and
(b) other relevant persons (if, and to the extent that, the person providing the statement is aware of, and wishes the statement to deal with, the effect on those persons).
(5) The definitions in subsection (6) are to be used for the purposes of this section in cases where this section applies—
(a) in relation to a review of a death which the ICRIR carries out following a request made under section 9, or
(b) in relation to a request for immunity from prosecution that is made under section 18—
(i) where the ICRIR carries out a review of a death following a decision made under section 12(2), or
(ii) where, if the ICRIR were to carry out a review in connection with the request for immunity, it would be a review of a death following a decision made under section 12(2).
(6) In any of those cases—
“eligible person” means—
(a) each known close family member of the deceased (and Part 1 of Schedule 3 is to apply for the purpose of determining who is a close family member), or
(b) if there are no known close family members, each other known family member of the deceased to whom the Chief Commissioner considers it is appropriate to give an opportunity to provide a personal statement;
and here “known” means known to the ICRIR by virtue of any of its other functions;
“other relevant person” means—
(a) a member of the family of the person to whose death the review relates;
(b) a member of the family of any other person killed in the relevant event;
(c) a person who suffered serious physical or mental harm in the relevant event and has subsequently died;
(d) members of the family of a person falling within paragraph (c);
“Troubles-related events” means—
(a) the death to which the review relates, and
(b) the relevant event (which has the same meaning as in section 15(4)).
(7) The definitions in subsection (8) are to be used for the purposes of this section in cases where this section applies—
(a) in relation to a review of other harmful conduct which the ICRIR carries out following a request made under section 10, or
(b) in relation to a request for immunity from prosecution that is made under section 18—
(i) where the ICRIR carries out a review of other harmful conduct following a decision made under section 12(3), or
(ii) where, if the ICRIR were to carry out a review in connection with the request for immunity, it would be a review of other harmful conduct following a decision made under section 12(3).
(8) In any of those cases—
“eligible person” means—
(a) each known close family member of the injured person (and Part 1 of Schedule 3 is to apply for the purpose of determining who is a close family member), or
(b) if there are no known close family members, each other known family member of the injured person to whom the Chief Commissioner considers it is appropriate to give an opportunity to provide a personal statement;
and here “injured person” means the person who was caused the physical or mental harm by the other harmful conduct concerned; and “known” means known to the ICRIR by virtue of any of its other functions;
“other relevant person” means—
(a) a member of the family of any person killed in the relevant event;
(b) a person who suffered serious physical or mental harm in the relevant event and has subsequently died;
(c) members of the family of a person falling within paragraph (b);
“Troubles-related events” means—
(a) the other harmful conduct to which the review relates, and
(b) the relevant event (which has the same meaning as in section 15(5)).”
Member’s explanatory statement
This amendment requires the Chief Commissioner to give individuals affected by a death or other harmful conduct the opportunity to provide personal statements to the ICRIR about the effects of the Troubles-related conduct.
86: After Clause 22, insert the following new Clause—
“Publication of personal statements
(1) This section applies where—
(a) an eligible person provides a personal statement in accordance with section (Personal statements by persons affected by deaths etc), and
(b) the person notifies the Chief Commissioner that the person wishes the personal statement to be published by the Chief Commissioner.
(2) The Chief Commissioner must publish the personal statement.
(3) But that duty does not apply if publication of the personal statement—
(a) would breach section 4(1) or 26(2), or
(b) would, in the Chief Commissioner’s view, be contrary to the public interest.
(4) If it is possible to do so, the Chief Commissioner must instead produce an edited version of the personal statement which can be published without—
(a) breaching section 4(1) or 26(2), or
(b) being, in the Chief Commissioner’s view, contrary to the public interest.
(5) But the Chief Commissioner must not publish an edited version unless the person who provided the personal statement agrees to the publication of that version.
(6) The Chief Commissioner does not breach the duties imposed by subsections (2) and (4) if the Chief Commissioner—
(a) wishes to publish an edited version in accordance with subsection (4),
(b) is not able to obtain the agreement to publication of an edited version from the person who provided the personal statement, and
(c) accordingly does not publish the personal statement or any edited version.
(7) The duties imposed by subsections (2) and (4) do not apply if, and for as long as, section 17(2) or (3) has the effect of suspending the duty to publish any final report that is related to the personal statement.
(8) If the Chief Commissioner—
(a) intends to publish an edited version of the personal statement in accordance with subsection (4), or
(b) intends to publish neither—
(i) the personal statement because subsection (3) applies, nor
(ii) any edited version of the personal statement because it is not possible to do so in accordance with subsection (4),
the Chief Commissioner must give to the person who provided the personal statement the reasons for taking that course of action.
(9) A reference in this section—
(a) to a personal statement includes anything which supplements a personal statement;
(b) to an edited version of a personal statement includes a version of the statement which has been redacted.
(10) For the purposes of this section a final report is “related to” a personal statement if—
(a) the statement is provided in a case where section (Personal statements by persons affected by deaths etc) applies in relation to—
(i) a review which the ICRIR carries out following a request made under section 9 or 10, or
(ii) a request for immunity from prosecution where the ICRIR carries out a review following a decision made under section 12(2) or (3), and
(b) the final report is the final report of the findings of that review.”
Member’s explanatory statement
This amendment requires the Chief Commissioner to publish a personal statement provided under new Clause (Personal statements by persons affected by deaths etc).