Moved by
Lord Caine
111: Clause 41, page 33, line 18, at end insert—
“(2A) On and after the day on which section 41 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, the Ombudsman—
(a) is not to begin any formal investigation of a matter, and
(b) is to cease any formal investigation of a matter begun before that day,
insofar as the matter relates to conduct forming part of the Troubles.”
Member’s explanatory statement
This prevents the Police Ombudsman for Northern Ireland from beginning, or continuing, to investigate matters that relate to conduct forming part of the Troubles. That power of investigation is in addition to the power to deal with complaints (already covered by Clause 41).
112: Clause 41, page 33, line 18, at end insert—
“(2B) This section does not prevent the Ombudsman from carrying out a criminal investigation of a Troubles-related offence if—
(a) a public prosecution of a person for the offence had been begun before the day on which section 34 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, and
(b) the criminal investigation is carried out for the purposes of that prosecution.
(2C) For the purposes of subsection (2B)—
(a) “public prosecution” means any prosecution other than a private prosecution;
(b) a public prosecution of a person for an offence is “begun” when a prosecutor makes the decision to prosecute that person for that offence.”
Member’s explanatory statement
This ensures that activity of the Ombudsman which constitutes a criminal investigation can continue where a prosecution of a person has begun before commencement.(This exception from the effect of Clause 41 is the same as the exception from the effect of Clause 34 set out in Clause 38(3).)
113: Clause 41, page 33, line 21, at end insert—
““formal investigation” means an investigation under section 56 (whether resulting from a referral to the Ombudsman, or a decision by the Ombudsman, under section 55).””
Member’s explanatory statement
This is consequential on the amendment in Lord Caine’s name which prevents the Police Ombudsman for Northern Ireland from beginning, or continuing, to investigate matters that relate to conduct forming part of the Troubles.
114: Clause 41, page 33, line 21, at end insert—
“(2) In section 28A of the Police Reform Act 2002 (application of complaints and misconduct provisions to matters occurring before 1 April 2004), after subsection (6) insert—
“(6A) On and after the day on which section 41 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, this section—
(a) ceases to apply to a pre-commencement matter or a matter to which subsection (5) applies (if the direction under subsection (1) or (4) relating to the matter was given before that day), or
(b) does not apply to a pre-commencement matter or matter to which subsection (5) applies (if the direction under subsection (1) or (4) relating to the matter is given on or after that day),
insofar as the matter relates to conduct forming part of the Troubles.
(6B) In subsection (6A) “conduct forming part of the Troubles” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (see section 1 of that Act).”
(3) After section 47 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 insert—
“47A Complaint or investigation relating to Northern Ireland Troubles
(1) On and after the day on which section 41 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 comes into force, this Part—
(a) ceases to apply to a complaint or investigation (if the complaint was made, or investigation was begun, before that day), or
(b) does not apply to a complaint or investigation (if the complaint is made, or investigation is to begin, on or after that day),
insofar as the complaint or investigation relates to conduct forming part of the Troubles.
(2) In this section “conduct forming part of the Troubles” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (see section 1 of that Act).””
Member’s explanatory statement
This extends Clause 41 so that the legislation dealing with police complaints in England, Wales and Scotland also does not apply to complaints relating to the Troubles.