NI Troubles: Amendments on controversial legacy bill revealed

Lord Caine said he had found the legislation "extremely challenging" and he appreciated this would be the case for many

The government has told peers it will bring forward amendments to its controversial Troubles legacy bill.

Lord Caine said on Wednesday this would include "a more robust process" around immunity from prosecution.

He said the Independent Commission for Reconciliation and Information Recovery (ICRIR) would be able to conduct criminal investigations.

The bill offers a conditional amnesty to those accused of killings and other Troubles-related crimes.

Lord Caine of the Northern Ireland Office (NIO) told the House of Lords anyone who did not co-operate with the ICRIR and went on to be convicted of a Troubles-related offence would serve a full sentence.

In May, the government introduced legislation that aimed to draw a line under the conflict by dealing with so-called legacy issues.

It was an attempt to deal with more than 1,000 unsolved killings.

Victims' groups and political parties at Stormont are opposed to the bill, arguing it will remove access to justice for victims and their families.

Lord Caine said he had personally found the legislation "extremely challenging" and he appreciated this would be the case for many.

Discussing his involvement in Northern Ireland, he said he had "heard countless harrowing and heart-wrenching stories of suffering".

"So I am hardly immune to the feelings of those affected by the Troubles who find this bill difficult and challenging," he added.

"At the same time, I am conscious as anyone, based on experience, that we will never solve the past or to bring, to use that horrible word, closure in every case.

"Equally, I am clear that no government can legislate to reconcile people though we can strive to promote it, but we can attempt to provide better and realistic outcomes."

The Northern Ireland Troubles (Legacy and Reconciliation) Bill had its second reading in the Lords on Wednesday.

The amendments will next be discussed at committee stage in December.

Despite signalling new amendments, the bill continues to face a barrage of criticisms.

The government appears to be fighting a losing battle over widespread buy-in in Northern Ireland.

Where does that leave one of the bill's goals of helping reconciliation?

Victims' groups and local political parties are still not won over and it's fair to ask whether they ever will be?

The government seems completely wedded to the concept of amnesties, which is where it faces most anger.

It is promising more engagement and there could be further changes.

But it has the parliamentary numbers to pass the bill and is pressing ahead.

'Concerns will remain'

The government said on Wednesday its amendments will:

• Confirm that the ICRIR established by the legislation will be able to conduct criminal investigations where it judges that to be appropriate

• Ensure that individuals who knowingly or recklessly provide false information to the ICRIR can be prosecuted and have their immunity revoked

• Disapply the Northern Ireland (Sentences) Act 1998 for individuals who choose not to tell the ICRIR what they know and are then convicted of an offence so that they face a full, rather than reduced, sentence

• Increase the fine for non-compliance with the Commission

• Strengthen the ICRIR's independence by making clear that the Northern Ireland secretary should consult individuals before appointing the chief commissioner

In a statement earlier, Northern Ireland Secretary Chris Heaton-Harris said the government understood "how important addressing the legacy of the past is for Northern Ireland, and is determined to deliver better outcomes for those most impacted by the Troubles, including victims and survivors, as well as veterans".

"I have been clear that the government would consider changes to this bill seriously," he added.

"The changes announced today reflect the significant engagement that has taken place on the bill, and seek to address concerns that have been raised by many stakeholders.

"I also recognise that, even with these changes, this bill will remain challenging for many, and that concerns will remain."

The bill offers a conditional amnesty to those accused of killings and other Troubles-related crimes

The previous Northern Ireland Secretary Shailesh Vara said the government was open to making changes to the bill in August.

Under the legislation, immunity from prosecution will be offered to those who co-operate with Troubles investigations run by the new information recovery body.

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The ICRIR will be headed by a judicial figure appointed by the government and will accept applications for immunity for five years.

After that time, reviews will not be able to be requested but the ICRIR will continue to work through uncompleted cases.

A panel within it will be responsible for deciding if a perpetrator qualifies for immunity and once granted it cannot be revoked.

It will still take months before the legislation makes it into law and takes effect.

Commissioner for Victims and Survivors Ian Jeffers said while the commission remained opposed to the bill he welcomed that changes would be made.

"It is good to hear that he (Lord Caine) has been listening to the concerns of victims and survivors," he said.

"At this stage I am still of the opinion that the amendments will not go far enough to make the legislation effective for victims and survivors."

'This bill should be scrapped'

In the Lords on Wednesday, many peers spoke out against the proposed bill.

Urging a rethink of the legislation, Labour former Northern Ireland secretary Lord Murphy of Torfaen said he "wouldn't touch it with a barge pole".

Lord Eames, who served as Primate of All Ireland and Archbishop of Armagh from 1986 to 2006, said the bill needed to be heavily amended to centre on the suffering of victims of Troubles victims.

Former Lord Chief Justice of England and Wales Lord Judge said the legislation would make some men and women guilty exempt from prosecution.

"If the bill is enacted in its present form, they will literally be getting away or have got away with murder."

Labour former Northern Ireland secretary Lord Hain said he was flatly opposed to the bill and would vote to kill it if given the opportunity.

"The effect of this legislation would be to make some of the most heinous crimes simply disappear," he said.

Former SDLP leader Baroness Ritchie of Downpatrick said: "This Bill should be scrapped and scrapped now."

Former deputy leader of the DUP, Lord Dodds of Duncairn, said: "The way to address legitimate concerns about vexatious investigations against veterans who served in Northern Ireland is not simply to impose a wholesale restriction on historical investigations or prosecution, it's to restore balance, ensure investigative activity is proportionate and to bring an end to the growing culture of politically-motivated actions against those who served in uniform".