Lord Faulks:

Tabled by Lord Faulks

154A: After Clause 38, insert the following new Clause—“Authorisation of interim custody orders under the Detention of Terrorists (Northern Ireland) Order 1972(1) Article 4 of the Detention of Terrorists (Northern Ireland) Order 1972 is to be treated as always having had effect as authorising an interim custody order under that article in relation to a Troubles-related offence to be made by and with the authority of any Minister of the Crown whose signature was required for the making of such an order (and not just by and with the authority of the Secretary of State personally).(2) Subsection (1) does not revive any criminal conviction quashed before the coming into force of this section.(3) But a person whose conviction for any Troubles-related offence (whether or not quashed) or whose detention (whether or not as a consequence of such a conviction) depended, directly or indirectly, on the validity of such an interim custody order is not entitled, by or under any enactment or otherwise, to receive any damages or compensation in respect of that conviction or detention if the only reason for impugning its validity relates to whether the order was made by and with the authority of the Secretary of State, personally.(4) Subsection (3) applies irrespective of whether the claim for damages or compensation was made before or after the coming into force of this section.”

I thank all those who took part in the debate for the support that has been given— wholeheartedly in some instances and with some reservations in others. I am grateful for the debate that it generated. I am also grateful to the Minister for his helpful response. I wholly understand why he was not able to give a fuller response at this stage, and I welcome his reassurance that we will visit the matter between now and Report. This is an important amendment, as I endeavoured to make clear during the course of the debate. It is important in terms of the large number of claims which may result from the decision and in establishing once more the primacy of the Carltona principle in the way the Government work.

Amendment 154A not moved.

Clause 39: Tort, delict and fatal accident actions

Amendments 155 to 161 not moved.

Clause 39 agreed.

Schedule 8 agreed.

Schedule 9: Civil actions to which the 2008 Mediation Directive applies

Amendments 161A and 161B not moved.

Schedule 9 agreed.

Clause 40 agreed.

Schedule 10 agreed.

Clause 41: Police complaints

Amendments 162 to 165 not moved.

Clause 41 agreed.

Clause 42 agreed.