Northern Ireland Troubles (Legacy and Reconciliation) Bill

Moved by

Lord Caine

162: Schedule 12, page 89, line 8, at end insert—

“2A_ After section 60ZC of the Police (Northern Ireland) Act 1998 insert—

“60ZD The Independent Commission for Reconciliation and Information Recovery

(1) An agreement for the establishment in relation to ICRIR officers of procedures corresponding or similar to any of those established by virtue of this Part may, with the approval of the Secretary of State, be made between the Ombudsman and the ICRIR.

(2) Where no such procedures are in force in relation to the ICRIR, the Secretary of State may by order establish such procedures.

(3) An agreement under this section may at any time be varied or terminated with the approval of the Secretary of State.

(4) Before making an order under this section the Secretary of State must consult—

(a) the Ombudsman; and

(b) the ICRIR.

(5) Nothing in any other statutory provision prevents the ICRIR from carrying into effect procedures established by virtue of this section.

(6) No such procedures shall have effect in relation to anything done by an ICRIR officer outside Northern Ireland.

(7) In this section—

“ICRIR” means the Independent Commission for Reconciliation and Information Recovery;

“ICRIR officer” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.””

Member’s explanatory statement

This enables the Police Ombudsman for Northern Ireland to have jurisdiction over ICRIR officers.

163: Schedule 12, page 89, line 16, leave out paragraph 4

Member’s explanatory statement

This removes the amendment of the Regulation of Investigatory Powers Act 2000 (which would have made the ICRIR subject to the jurisdiction of the Investigatory Powers Tribunal, something no longer needed as the ICRIR will no longer have investigatory powers by virtue of amendment in Lord Caine’s name to leave out paragraph 6(3) of Schedule 12).

164: Schedule 12, page 89, line 29, at end insert—

“5A_ After section 26E of the Police Reform Act 2002 insert—

“26F The Independent Commission for Reconciliation and Information Recovery

(1) The Director General and the ICRIR may enter into an agreement for the establishment, in relation to ICRIR officers, of procedures corresponding or similar to those provided for by or under this Part.

(2) Where no such agreement is in force, the Secretary of State may by regulations establish such procedures.

(3) An agreement under this section must not be made, varied or terminated except with the approval of the Secretary of State.

(4) Before making regulations under this section the Secretary of State must consult—

(a) the Director General; and

(b) the ICRIR.

(5) Nothing in any other statutory provision prevents the ICRIR from carrying into effect procedures established by virtue of this section.

(6) An agreement or regulations under this section may contain provision for enabling the Director General to bring and present, or otherwise participate or intervene in, any proceedings that are identified by the agreement as disciplinary proceedings in relation to ICRIR officers.

(7) Procedures established in accordance with an agreement under this section, or by regulations under this section, have no effect in relation to anything done outside England and Wales by any ICRIR officer.

(8) In this section—

“ICRIR” means the Independent Commission for Reconciliation and Information Recovery;

“ICRIR officer” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.”

5B_(1) Article 4 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098) (agreements to establish complaints procedures) is amended as follows.

(2) After paragraph (4) insert—

“(4A) The Commissioner and the ICIRIR may enter into an agreement to establish and maintain procedures which correspond to or are similar to those contained in Chapter 2 of Part 1 of the Act in relation to complaints made about the acts or omissions of the ICRIR and ICRIR officers.”

(3) In paragraph (7), after sub-paragraph (d) insert—

“(e) any statement made by a person who is, or has been, an ICRIR officer about the terms and conditions of their service;”.

(4) In paragraph (14), after sub-paragraph (b) insert—

“(c) “ICRIR” means the Independent Commission for Reconciliation and Information Recovery;

(d) “ICRIR officer” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.”

5C_(1) The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) is amended as follows.

(2) In article 3 (agreements to investigate serious incidents), after paragraph (17) insert—

“(17A) The Commissioner and the Independent Commission for Reconciliation and Information Recovery (the “ICRIR”) may enter into an agreement for the Commissioner to investigate and report, where requested to do so by the ICRIR, on any serious incident involving the ICRIR.

(17B) A “serious incident involving the ICRIR” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means an ICRIR officer (which has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023).”

(3) In article 4 (investigation of crimes and deaths), after sub-paragraph (h) insert—

“(i) an ICRIR officer (which has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023).””

Member’s explanatory statement

This enables the Independent Office for Police Conduct (in England and Wales) and the Police Investigations and Review Commissioner (in Scotland) to have jurisdiction over ICRIR officers.

165: Schedule 12, page 89, line 33, leave out from “subsection” to “a” in line 35 and insert “(4), after paragraph (d) insert—

“(e) ”

Member’s explanatory statement

This changes the amendment of section 58 of the Investigatory Powers Act 2016 so that it operates on section 58(4) rather than on section 58(2).

166: Schedule 12, page 89, line 40, leave out sub-paragraph (3)

Member’s explanatory statement

This removes the amendment of Schedule 4 to the Investigatory Powers Act 2016 (which would have made the ICRIR a “relevant public authority” for the purposes of Part 3 of that Act and enabled it to use investigatory powers).

167: Schedule 12, page 90, line 14, at end insert—

“7A_ In section 379 of the Sentencing Act 2020, in the table in subsection (1), at the appropriate place insert—

“Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

Member’s explanatory statement

This is in consequence of new Clauses (False statements: offence) and (Subsequent convictions: revocation of immunity).