Motion B1 (as an amendment to Motion B)

Northern Ireland Troubles (Legacy and Reconciliation) Bill - Commons Amendments – in the House of Lords at 5:15 pm on 5 September 2023.

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Lord Murphy of Torfaen:

Moved by Lord Murphy of Torfaen

At end insert “, and do propose Amendments 44D, 44E, 44F and 44G as additional amendments to the words so restored to the Bill and Amendments 44H and 44J as consequential amendments—

44D: Clause 18, page 16, line 16, leave out “C” and insert “E”

44E: Clause 18, page 16, line 35, at end insert—“(6A) Condition D: in relation to immunity for offences causing death, consent of a close family member of the deceased has been sought, and the Chief Commissioner is satisfied that—(a) the close family member has given consent for the granting of immunity and no objections have been raised by any other close family member within three months of the consent being given, or(b) if no consent has been given by that close family member within three months or an objection has been raised by any other close family member, it is nevertheless in the public interest to proceed with the granting of immunity.(6B) Condition E: the Chief Commissioner is satisfied that P—(a) has complied with any conditions imposed by the ICRIR following the request for immunity under subsection (2), and(b) is likely to comply with any licence conditions imposed as part of the granting of immunity.(6C) For the purposes of subsection (6B), conditions imposed by the ICRIR, whether before or after the granting of immunity, may include—(a) attendance at a specified place,(b) provision of fingerprints and non-intimate samples,(c) restrictions on P’s ability to approach or otherwise communicate with—(i) a victim, in the case of injury, or(ii) a victim’s family, in relation to a death,without the consent of the victim or victim’s family (as the case may be), and(d) restrictions on activity which might allow P to gain financially from the offences for which immunity is sought or granted.(6D) The ICRIR may revoke P’s immunity from prosecution if the Chief Commissioner is satisfied that P has breached one or more licence conditions imposed by the ICRIR.(6E) A revocation of immunity under subsection (6D)—(a) has immediate effect, and(b) does not prevent a person making a further request for immunity under subsection (2).(6F) For the purposes of this section, a person (F) is a close family member of the deceased (D) if F—(a) was the spouse, civil partner or co-habitee of D on the day of D’s death (and for the meaning of “co-habitee”, see paragraph 2 of Schedule 3),(b) is a child of D,(c) is a parent of D,(d) is a brother or sister of D,(e) is a step-child of D (see paragraph 3 of Schedule 3), (f) was a step-parent of D on the day of D’s death or is a step-parent of D on the day on which consent is sought (see paragraph 4 of Schedule 3),(g) is a half-brother or half-sister of D, or(h) is a step-brother or step-sister of D (see paragraph 5 of Schedule 3).”

44F: Clause 18, page 16, line 36, leave out “C” and insert “E”

44G: Clause 18, page 17, line 22, at beginning insert “Other than in accordance with subsection (6D),”

44H: As an amendment to Lords Amendment 111, in paragraph 1, leave out “C” and insert “E”

44J: As an amendment to Lords Amendment 111, in paragraph 6, leave out “C” and” and insert “E”

Photo of Lord Murphy of Torfaen Lord Murphy of Torfaen Labour

My Lords, I beg leave to test the opinion of the House.

Ayes 201, Noes 190.

Division number 1 Northern Ireland Troubles (Legacy and Reconciliation) Bill - Commons Amendments — Motion B1 (as an amendment to Motion B)

Aye: 199 Members of the House of Lords

No: 188 Members of the House of Lords

Aye: A-Z by last name

Tellers

No: A-Z by last name

Tellers

Amendment B1 agreed.