argyrotsipi/train-dataset huggingface dataset:
Northern Ireland Troubles (Legacy and Reconciliation) Bill — House of Commons, 2022-06-29
Topic: Law and Crime
Conor Burns (Conservative, Centre-right): We think that the position is clear in the Bill. However, it is clear that the Committee does not totally think so, so I give the Committee the undertaking that I have given my right hon. Friend the Member for Chingford and Woodford Green (Sir Iain Duncan Smith): that we will return explicitly to this specific measure as the Bill progresses I would also say to my hon. Friend the Member for Newbury (Laura Farris) that Northern Ireland was not at war; Northern Ireland suffered a grievous period of barbarism by terrorist groups. In that sense, the analogy of rape in war does not translate easily across.
Northern Ireland Troubles (Legacy and Reconciliation) Bill — House of Commons, 2022-06-29
Topic: Law and Crime
John Charles Baron (Conservative, Centre-right): As one of several Members across the House who served during the troubles and saw the losses incurred by both sides, I believe—as I think the Committee does—that the Minister is dealing with the issue sensitively at the Dispatch Box. I thank him for that I suggest to the Minister that the perfect should never be the enemy of the good. I am very sympathetic to the amendments tabled by the hon. Member for Belfast East (Gavin Robinson), and indeed to amendment 115, but I remind the Committee that since the Good Friday agreement there have been hardly any successful prosecutions on behalf of victims during the troubles. If the Bill can help us to move forward, as I think for a good number of families it will, that has to be a good thing even though we accept that it is not necessarily perfect.
Northern Ireland Troubles (Legacy and Reconciliation) Bill — House of Commons, 2022-06-29
Topic: Law and Crime
Andrew William Murrison (Conservative, Centre-right): The Minister’s sincerity in trying to deal with the issue shines through. I did his job in 2014; we came up with something, and it clearly has not worked. I have to tell him that I do not like this approach, because none of us likes bending justice—we once thought that that was an absolute, but that ship sailed in 1998. However, it is being underwritten by victims, as I think we need to acknowledge. On the subject of serious sexual offences, I agree with the comments that have been made. I really appreciate the Minister’s statement that he will go away and look at the issue. Just to add to the ambiguity, may I draw his attention to the definition of "serious physical or mental harm" in clause 1(6), which lists "severe psychiatric damage" in paragraph (d)? Many of those who have been sexually abused will be suffering severe psychiatric damage. I think the Minister will have to consider that point and the ambiguity that it introduces in dealing with this subset of heinous crime.
Northern Ireland Troubles (Legacy and Reconciliation) Bill — House of Commons, 2022-06-29
Topic: Law and Crime
Conor Burns (Conservative, Centre-right): My right hon. Friend knows the subject incredibly well; he did the job with distinction and was widely liked and admired in Northern Ireland. He will understand the difficulty of grappling with some of this. As I said earlier, I pay tribute to the Secretary of State for having the courage to pick this up and have a go—there is a reason why Governments have not done a lot My right hon. Friend talks about bending justice. Seriously courageous decisions were taken to bring that dreadful period in the history of Northern Ireland and our United Kingdom to an end. People who had been convicted of the most appalling offences were released early. We are operating in a very contested space, but we are absolutely determined to do the right thing by those who need to be at the heart of the matter—those who suffered and those who lost their lives The Bill very clearly defines what a troubles-related offence is. It specifies that such an offence "is ‘serious’ if the offence…is murder, manslaughter or culpable homicide…another offence that was committed by causing the death of a person, or", as my right hon. Friend says, if it "was committed by causing a person to suffer serious physical or mental harm" Those are the definitions with which the information recovery body will have to engage to make very finely balanced judgments.
Northern Ireland Troubles (Legacy and Reconciliation) Bill — House of Commons, 2022-06-29
Topic: Government Operations
Conor Burns (Conservative, Centre-right): What we are talking about today is what is in the Bill, what the Bill will establish and how the body will work, and about the definitions, the powers, the functions, the independence, the appointment process and who will be on it. Those are the things we are discussing today and it will then be for that body to make determinations on cases, on individuals and on evidence that is presented to it—[Interruption.] The hon. Member for Foyle is shouting at me from a sedentary position, but this is exactly what the Committee stage is for. It is an opportunity for us to explore these things and to take them on board.
Northern Ireland Troubles (Legacy and Reconciliation) Bill — House of Commons, 2022-06-29
Topic: Law and Crime
Conor Burns (Conservative, Centre-right): No. I heard the hon. Gentleman clearly when he was sitting down; there is no need for him to stand up to say it again. I want to make a little progress. I am conscious that I have already been on my feet for nearly 45 minutes, and I want to give some time to the Committee Clauses 2 to 4, clause 6 and schedules 1 and 2 provide for the formation of the independent commission for reconciliation and information recovery as a body corporate consisting of a chief commissioner, a commissioner of investigations and up to three additional commissioners. We very much agree with the sentiment behind amendment 74, tabled by my hon. Friend the Member for North Dorset, that it would be beneficial for one of the commissioners to have significant international experience or expertise. There is nothing in this legislation that would preclude that; indeed, that would be an ambition of the Government The functions of the commission will be, when requested, to carry out reviews into the deaths that resulted from conduct forming part of the troubles and, when requested, to carry out reviews of other harmful conduct, as defined in the Bill, forming part of the troubles. The term review in the Bill provides the commission with the scope to conduct the investigative process as it determines to be appropriate in each case, including the use of police powers where appropriate. Where there is an outstanding article 2 obligation, the body will be able to conduct a review to that standard. The body will produce reports on the findings of each of these reviews, determine whether to grant immunity from prosecution for serious or connected troubles-related offences, refer deaths that were caused by conduct forming part of the troubles and other harmful conduct forming part of the troubles to prosecutors, and produce an historical record of all other deaths that resulted from conduct forming part of the troubles.
Northern Ireland Troubles (Legacy and Reconciliation) Bill — House of Commons, 2022-06-29
Topic: Law and Crime
Robert William Henry Seely (Conservative, Centre-right): May I just check something? I am hoping that the Minister will be able to provide a positive confirmation. I have a constituent, a former serviceman, who was involved in an incident in 1980. He gave evidence then, and he gave evidence later in the decade. The matter was then closed. The Police Service of Northern Ireland’s historical investigations team then got back in contact with him in 2013 and 2018. My constituent feels that he has been hounded, despite the fact that he has been positively involved and engaged in any investigations process. So, for the many UK servicemen who are finding themselves unjustly, repeatedly and legally hounded—as they feel—which makes a parody of natural justice, what reassurance can the Minister give to my constituent and many others who are in the same boat?
Northern Ireland Troubles (Legacy and Reconciliation) Bill — House of Commons, 2022-06-29
Topic: Law and Crime
Conor Burns (Conservative, Centre-right): I refer my hon. Friend to what I have said about the gratitude that this Government and the whole country feel towards those who served in Northern Ireland. There is no parity of esteem between what those who were upholding law and order and the Queen’s peace, or seeking to, in Northern Ireland did, and those who were waging a barbaric, evil, terrorist campaign against this country. Many of us on the Government Benches know colleagues who suffered grievously at the hands of those murderous thugs. I would say to my hon. Friend that if someone comes forward and engages in good faith with this body and gives an account of something that happened, and if the body accepts that, the person will be eligible for the immunity that this body can grant. The other thing I would say to him is that previous interactions with other bodies will transfer into this body, so someone who has already had a dialogue with different agencies will not be starting all over again.
Northern Ireland Troubles (Legacy and Reconciliation) Bill — House of Commons, 2022-06-29
Topic: Law and Crime
Robert William Henry Seely (Conservative, Centre-right): My constituent has already had a dialogue and was told that the matter was closed, but the matter was then reopened even though he had already had that original dialogue. Does he then have to engage again, as an article of good faith, having already done so for many years, for something that happened 42 years ago?
Northern Ireland Troubles (Legacy and Reconciliation) Bill — House of Commons, 2022-06-29
Topic: Law and Crime
Conor Burns (Conservative, Centre-right): If my hon. Friend’s constituent has previously engaged in those mechanisms and there is no live inquiry or investigation into him, he has no obligation. If he is not being investigated for anything and there is no threat of prosecution to him, he would not have to come forward to this body. He is living his life without blemish and hopefully enjoying a happy retirement, reflecting on his life of service to our United Kingdom.
Northern Ireland Troubles (Legacy and Reconciliation) Bill — House of Commons, 2022-06-29
Topic: Law and Crime
Sarah Elizabeth Atherton (Conservative, Centre-right): I am pleased to hear that my right hon. Friend is putting victims at the centre of this process. Robert, the brother of my constituent Mr Vaughan-Jones, was killed at Warrenpoint some 40 years ago. My constituent has had 40 years of unanswered questions, and he and his family now just want to move on. They want closure. How will this process help Mr Vaughan-Jones and his family eventually receive that closure?
Northern Ireland Troubles (Legacy and Reconciliation) Bill — House of Commons, 2022-06-29
Topic: Law and Crime
Conor Burns (Conservative, Centre-right): Bear with me We have to be humble in acknowledging that the current mechanisms are not delivering. In many of these cases, after so many years, the chance of a successful conviction in a court of law—beyond reasonable doubt—is vanishingly unlikely. That is why, with this Bill, we are moving towards the principle of information recovery There are contested views on the right way to do this. Some people still want prosecution, some want information and some want an acknowledgement of what actually happened. We believe the bodies created by this Bill will help people in that ambition.
Northern Ireland Troubles (Legacy and Reconciliation) Bill — House of Commons, 2022-06-29
Topic: Law and Crime
Conor Burns (Conservative, Centre-right): The hon. Gentleman makes an important point, and the Bill covers how the body will begin work and who can refer a case to it for review—the Secretary of State, a close relative of a victim or the victim themselves may all refer to the body On disclosure and how the commission is compelled to interact, we are empowering it to deliver its functions through full disclosure. As detailed in clause 5, the commission will have full access to relevant material by placing an obligation on authorities to provide information that the commission may reasonably require. The commissioner for investigations will be designated as having the powers and privileges of a constable, and they will be able to designate other ICRIR officers with the same powers and privileges when certain conditions are met, which will ensure that officers of the commission, where required, have access to the powers they need to carry out robust article 2-compliant investigations. The commission must ensure that, as far as practicable, its officers include individuals with experience of conducting criminal investigations in Northern Ireland and elsewhere.
Northern Ireland Troubles (Legacy and Reconciliation) Bill — House of Commons, 2022-06-29
Topic: Law and Crime
Conor Burns (Conservative, Centre-right): I need to make a little more progress, but I will come back to my hon. Friend towards the end. The Committee will then want to hear from other Members The Bill also places a duty on the commission not to do anything that would risk prejudicing or would prejudice the national security interests of the United Kingdom, that would risk putting or would put the life and safety of any person at risk, or that would risk having or would have a prejudicial impact on any active or prospective criminal proceedings in the United Kingdom. Members will recognise that these are standard but important protections. Reports will be produced and issued as soon as possible after a review has been carried out, unless the commissioner for investigations refers any conduct of individuals in the final report to a prosecutor Clauses 18 to 21 address immunity from prosecution. After we published our Command Paper in July 2021, many individuals and organisations told us that the unconditional statute of limitations for all troubles-related offences is too painful to accept and is not right. We also heard from those in the veterans community who feel uncomfortable with any perceived moral equivalence between those who went out to protect life and uphold the rule of law and the terrorists who were intent on causing harm. Based on what we heard, we adjusted the proposals in the Bill Clause 18 establishes that for someone to get immunity from prosecution for a troubles-related offence, that person must request immunity from the commission, provide an account that is true to the best of their "knowledge and belief" and in doing so disclose conduct that would be capable of exposing them to criminal investigation or prosecution. It makes it clear that it is possible for people to rely on previous statements and sets out how the commission can formulate an offer of immunity, and how an individual must be notified about the outcome of an application for immunity. In response to amendments 101 to 105, in making a decision on whether or not to grant immunity the panel must take into account any relevant information that holds or obtains as part of the investigation. That might include information that the commission has obtained as part of the investigation, either from disclosure from relevant authorities, or from biometrics or witness testimony from individuals who engage with the commission.
Northern Ireland Troubles (Legacy and Reconciliation) Bill — House of Commons, 2022-06-29
Topic: Law and Crime
Conor Burns (Conservative, Centre-right): The hon. Gentleman asks about an important point. Central within this legislation will be the passing over of the state’s information—the intelligence gathered in the course of the period of the troubles and held by the authorities. That will include information on members of the security forces, the Royal Ulster Constabulary and others. It will also include intelligence that has been gained and retained about terrorist organisations and individual actors within that. The panel will be able to see and make judgement on that. As I explained, there are protections, as there rightly are all the time for those of us who have to deal with this source material, for named individuals who might be at risk by that information coming into the public domain. However, we are of the view here that the widest possible disclosure is the way in which this body can gain credibility, acceptance and authority. It is only on the basis of that credibility, acceptance and authority that the body will have the ability—[Interruption.] There will be no destruction of evidence.
Northern Ireland Troubles (Legacy and Reconciliation) Bill — House of Commons, 2022-06-29
Topic: Law and Crime
Conor Burns (Conservative, Centre-right): The credibility of the body will be determined by its effectiveness and how quickly it can gain the trust of those who engage with it. People engaging with it—coming forward to it—will be a process that will be encouraged by seeing how the body actually works and delivers. As my right hon. Friend the Secretary of State has said previously, it is absolutely our determination to provide the body with the effective tools it needs to gain the confidence of victims. It is only in doing that that the body will be successful. If I may, I will return to the hon. Gentleman specifically on the evidence point later in the debate, because I do not want to say something from the Dispatch Box until I am certain it is the correct thing; I would rather delay the answer to that than give him an incorrect answer.
Northern Ireland Troubles (Legacy and Reconciliation) Bill — House of Commons, 2022-06-29
Topic: Law and Crime
James Sunderland (Conservative, Centre-right): Clause 18 clearly states: "The ICRIR must grant a person…immunity from prosecution if conditions A to C are met." Condition C is that the person engages "true to the best of" their "knowledge and belief". If it is later proven that the information that individual gave the process is false, will immunity be revoked?
Northern Ireland Troubles (Legacy and Reconciliation) Bill — House of Commons, 2022-06-29
Topic: Government Operations
Conor Burns (Conservative, Centre-right): My hon. Friend makes an important point, which others have raised in the past. The position in the Bill is that immunity, once given, cannot be revoked. However, I hear the point he and others have made, and I am sure we will return to it later in the debate. This body will have significant latitude in testing an individual’s credibility and sincerity. I would hope that the engagement and professionalism of those appointed to serve on the panel will be such that such cases will rarely, if ever, arise.
Northern Ireland Troubles (Legacy and Reconciliation) Bill — House of Commons, 2022-06-29
Topic: Law and Crime
Conor Burns (Conservative, Centre-right): My hon. Friend makes a powerful point, and it has been said repeatedly by myself, the Secretary of State and other members of the Government that there is absolutely no moral equivalence between the actions of those who were in Northern Ireland to uphold the rule of law and those who were engaged in a terrorist campaign. I also agree—I hope I have demonstrated this to some degree today—that language is incredibly important when we are dealing with these highly contested, deeply emotional topics. Often the overriding thing that someone wants is their loved one back, and that is the one thing that none of us can give them. What we can try to do is give them the information and help them to find a way through these processes and a way to deal with and face up to the traumatic events in their past.
Northern Ireland Troubles (Legacy and Reconciliation) Bill — House of Commons, 2022-06-29
Topic: Law and Crime
George Iain Duncan Smith (Conservative, Centre-right): I do not wish to detain my right hon. Friend, but I was listening to what he said about inquests, and I am a little concerned or confused—or both—about how this process will work. If somebody goes to the commission, will it be public knowledge that they have gone there on the basis of a set of issues and have been clear about those issues, one of which may relate to a potential inquest? If that individual’s situation is not related to a particular area of crime, can that inquest still not go ahead because they have been in front of the commission? How do we actually define when an inquest cannot go ahead? Will the coroner know that? Who will have the information? My right hon. Friend’s statement was a bold one, but I am not quite sure I understand how the process will work.
Northern Ireland Troubles (Legacy and Reconciliation) Bill — House of Commons, 2022-06-29
Topic: Law and Crime
Conor Burns (Conservative, Centre-right): The intention behind the Bill is to have this body as the one to which people will go to recover information and to find out the truth of what happened in the deaths of their loved ones or others. One driver for the creation of the independent information recovery body is that the current complex and competing legal frameworks and routes are not bringing things to a conclusion for people. We have to acknowledge, in humility, how long ago many of these things happened. For many of those who suffered, time is running out—they are becoming very elderly. It is the intention that this is the body and the process for people to go to, not competing inquests and other forms of legal remedy.
Northern Ireland Troubles (Legacy and Reconciliation) Bill — House of Commons, 2022-06-29
Topic: Law and Crime
Julian Richard Smith (Conservative, Centre-right): I have two points to make before the Minister concludes. This issue of "review" and "investigation" is not just semantics. In the case of Operation Kenova, we have seen that when it has been asked to review cases, it has led to some limits on the information that it could receive, whereas if it had been asked to investigate a case, that has given it much more scope and much more access to material. Can the Minister clarify why we are unable to be use much firmer in the language in the Bill to make it clear that we are talking about investigations On the point about inquests, I intervened on the Minister in his closing remarks on Second Reading, and he committed to returning to the House with a revised commitment to look at the pipeline of inquests so that victims who have been promised an inquest can be absolutely certain that they will be heard as part of the programme of inquests that was agreed only a year ago. Can the Minister clarify what his thinking now is on that?
Northern Ireland Troubles (Legacy and Reconciliation) Bill — House of Commons, 2022-06-29
Topic: Law and Crime
Conor Burns (Conservative, Centre-right): On the very specific question as to why the terminology is "review" rather than "investigate", there may well be a legal reason for that. I have not actually asked that question—it is a very good question. What I have been interested to look at is the scope and the powers of the body. The fact that it will have full police powers, the ability to cross-examine people and to contest what is put to it, and the ability to see source material looks to me, as I have examined this, very much like investigations. There may be a reason for the choice of word, and I will return to my right hon. Friend if there is a technical reason, but it seems to me that, for all intents and purposes, the body can undertake investigations if it so determines On the point about the pipeline of inquests, I am happy to give that commitment again to my right hon. Friend. Nothing will change until this Bill becomes an Act, and that is a little way off. We will certainly want to have a look at those that are in the pipeline before the Bill kicks in. The panel would be appointed, and it would become the alternative mechanism to the inquest route.