Source · Select Committees · Northern Ireland Affairs Committee
Recommendation 5
5
Accepted in Part
Address concerns on ECHR-compliance, sexual crimes exclusion, disclosure risks, and commission powers.
Recommendation
The Government must address concerns about the lack of any specific requirement for the investigations process to be ECHR-compliant; the de facto exclusion of most Troubles-related sexual crimes from the commission’s remit; the perceived risk that the Commission may disclose in its final reports the questions families have asked, or alternatively the risk that it may present its findings solely in reference to the questions posed, and views expressed, by families; the threshold for the exclusion from the commission process of individuals with long-term injuries; and the call from the commission itself for enhanced powers commensurate with those of a police service. (Recommendation, Paragraph 46)
Government Response Summary
The government stated that the Bill ensures ECHR-compliance through existing duties and removed immunity provisions to allow investigation of sexual offences. It also clarified how family questions will be handled, but defended the current definition of 'serious harm' and did not address the call for enhanced police powers.
Government Response
Accepted in Part
HM Government
Accepted in Part
The Government takes its human rights obligations very seriously. The Troubles Bill, alongside the Remedial Order, seeks to implement legacy mechanisms that are fully compliant with human rights. Clause 11(e) places the Commission under a duty to act consistently with the principle that human rights should be respected. In discharging its functions, the Commission will be subject to section 6 of the Human Rights Act and will have to discharge its functions in a manner that is compliant with the ECHR. Putting such a requirement in primary legislation for a specific function is therefore unnecessary. This Government has always opposed immunity, and we are removing the immunity provisions, including the de-facto immunity for other offences, from the statute book via the Remedial Order. The Troubles Bill ensures that there will always be an avenue for the investigation of any Troubles-related sexual offences. The Commission will retain its ability to investigate any Troubles-related sexual offences that are connected to a death or serious injury. Clause 32 gives the Commission power to initiate investigations if necessary for ECHR compatibility. Clause 88 will ensure relevant police forces can investigate Troubles-related offences, including sexual offences, that are not considered a serious or connected Troubles-related offence. It is important that legacy mechanisms are victim-centred. Clause 36(6)(b) ensures the Commission is required to examine all circumstances of the conduct regardless of questions posed by families. Clause 38(5) places a duty on the Commission to provide answers to those questions in a final report. The Government does not consider this requires the Commission to explicitly set out the questions. In the Government’s view, the current definition of “serious physical or mental harm” strikes an appropriate balance. The Secretary of State, under clause 28(3), is able to refer cases. The Commission, under Clause 32, is also able to initiate investigations if necessary for ECHR compatibility. These provisions ensure the Government can discharge its ECHR Article 3 obligations. Clause 88 also enables the relevant police force to investigate a Troubles-related offence that is not considered a serious or connected offence.