Recommendation 14

It is not clear why the Government did not exclude all relevant sexual offences from the immunity scheme on the face of the Bill. It would assist clarity and transparency to include an exhaustive definition rather than delegate to the Secretary of State the power to define which sexual offences are excluded from the scope of the immunity scheme. Further, although an individual cannot be granted immunity for sexual offences, the Bill still prohibits any criminal investigation of Troubles-related death or serious injury which could potentially cover sexual offences if they are connected to the Troubles. If the prohibitions on criminal investigations are to remain in the Bill, an exception must be made for sexual offences to avoid impunity (see Annex, Amendment 12). If the immunity scheme is retained, further exceptions must be made for conduct which amounts to violations of Articles 2 and 3 in order to avoid impunity for human rights violations (see Annex, Amendment 13). The Bill must also be amended to allow criminal investigations and prosecutions of cases concerning unlawful killings or torture to proceed (see Annex, Amendment 12). (Paragraph 62) Restrictions and prohibitions on legal proceedings