Clause 2 - Certification commissioner
Northern Ireland (Offences) Bill
1:45 pm
David Hanson (Minister of State, Northern Ireland Office; Delyn, Labour)
Thank you, Mr. Taylor. On behalf of my colleagues, I welcome you to the Chair this afternoon in what you will understand, because you will already have had a taste of it, is a difficult Bill, with some difficult issues being discussed.
I shall begin by explaining to my hon. Friends and Opposition Members what the Government are trying to do in relation to victims. I realise that some of these matters relate to later clauses and schedules—and I hope that you will bear with me patiently, Mr. Taylor—but given the flavour of the discussion, I want to refer to them.
My hon. Friends will be aware that, in terms of the certification commissioner and his or her responsibilities, and the special prosecutor and his or her responsibilities, the Government have been keen to include under paragraph 5 of schedule 1, and under paragraph 6 of schedule 6, specific responsibilities to ensure that once the certificate has been granted victims are kept informed about the progress of the certificate. The Government have ensured that once the individual who receives the certificate goes to a special tribunal, which we will deal with under later clauses, the special prosecutor who is appointed to handle the case has a duty to maintain liaison with victims. Those two aspects have been placed in the Bill at the specific request of the ministerial team that has dealt with the Bill since May this year. I hope that hon. Members will reflect on that when we consider the schedules later in the Bill.
It will not have escaped Committee members’ notice—particularly those with Northern Ireland constituencies—that on 1 December this year, less than one week ago, Bertha McDougall took up her position as victims commissioner in Northern Ireland. That new Government appointment has been brought forward to help support, liaise with, work with and represent victims’ interests in the difficult matters before the Government today, and in the difficult matters of victims’ rights and responsibilities and the effect of the political peace process on victims. For those Committee members who do not know, Bertha McDougall is the widow of a former police officer who was murdered, and is a victim herself. That position is in place because the Government are keen to ensure that victims are at the heart of the political peace process, taking the situation forward.
I do not want, under any circumstances, Committee members to think that even though I cannot accept some of the amendments, the Government are not concerned about our rights and responsibilities to victims. There is the establishment of the victims commissioner, the two schedules and the effect in the Bill of giving victims a role in both the certification process and in the special tribunal. [Interruption.] I will come on to that point in a moment.
I will answer the point made by the hon. Member for East Antrim. Once the certificate is granted there is, under paragraph 5 to schedule 1, an opportunity for the certification commissioner to keep the victim informed about the progress regarding the certificate, as there is under later schedules with regard to the special prosecutor.
Today’s debate has focused on two specific issues. The first is what consultation we undertake in the appointment of the certification commissioner in the first place. That relates to the amendment tabled by the hon. Member for North Down, which I will deal with in a moment. The second is what the victim’s involvement should be and what discussions they should have with Government and the state before the certificate is awarded. There are also the questions that come up regarding the victim impact statement in the tribunal. I will deal with all three issues in turn, to assist the Committee.
The amendment tabled by the hon. Lady would ensure that we consult three bodies—the Police Service of Northern Ireland, the Human Rights Commission and the victims commissioner that has recently been established—before the certification commissioner is appointed. As I said, I want there to be a wide consensus on the certification commissioner and for him to have wide support when, in due course, he operates in this difficult and sensitive area.
I am grateful for the consideration that the hon. Lady has given, because the points that she raised are important. I would fully expect that following the normal statutory appointment procedure that we must follow for this type of position, the Secretary of State will, as I have mentioned, discuss matters and ensure that there is consensus with a range of bodies. I am fairly confident that the Secretary of State will discuss the nature of the appointment with the individuals mentioned in the hon. Lady’s amendment at some point in time. The amendment would restrict matters and ensure that the Secretary of State had to consult just three bodies. I want wide consensus. The proposal restricts, rather than focuses on, the potential for consensus and discussion.