Northern Ireland Troubles (Legacy and Reconciliation) Bill — House of Commons, 2022-07-04
Topic: Law and Crime
Rosalie Winterton (Labour, Centre-left): Government manuscript new clause 1 and Government manuscript amendments 1 to 4 have been selected. They replace amendment 115 and new schedule 1, relating to sexual offences, which were agreed in Committee on Wednesday last week Manuscript New Clause 1 No immunity from prosecution for sexual offences ‘(1) This section applies if under section 18— (a) a person (P) has requested the ICRIR to grant P immunity from prosecution, (b) conditions A to C are met, and (c) some or all of the identified possible offences are Troubles-related sexual offences (2) If all of the identified possible offences are Troubles-related sexual offences, the ICRIR must not grant P immunity from prosecution (3) Accordingly, section 18(1) and (7) to (16) do not apply (4) If some of the identified possible offences are Troubles-related sexual offences— (a) the immunity requests panel must not decide under section 18(7) that P should be granted immunity from prosecution for— (i) any identified possible offence that is a Troubles-related sexual offence, or (ii) a description of offences that includes any Troubles-related sexual offence; and (b) the ICRIR must not grant P immunity from prosecution for any Troubles-related sexual offences (5) Accordingly, section 18(7) to (13) have effect subject to subsection (4) (6) In this section "Troubles-related sexual offence" means any Troubles-related offence that is— (a) a sexual offence, or (b) an inchoate offence relating to a sexual offence (7) For the purposes of this section "sexual offence" includes— (a) rape; (b) any offence committed by— (i) sexual assault, (ii) sexual activity, or (iii) causing or inciting another person to engage in sexual activity; (c) any offence relating to indecent images of children (8) For the purposes of this section "inchoate offence relating to a sexual offence" includes an offence of— (a) attempting to commit a sexual offence; (b) conspiracy to commit a sexual offence; (c) incitement to commit a sexual offence; (d) aiding, abetting, counselling or procuring the commission of a sexual offence (9) The Secretary of State may, by regulations, make provision about the meaning of— (a) "sexual offence", or (b) "inchoate offence relating to a sexual offence"; for the purposes of this section (including provision specifying offences which are to comprise, or to be included in, that definition) (10) Regulations under subsection (9) are subject to negative procedure.’—(Conor Burns.) This new clause provides that immunity from prosecution cannot be granted for sexual offences. It replaces the amendments made on day 1 of Committee of the Whole House by amendment 115 and New Schedule 1. Brought up, read the First and Second time, and added to the Bill. Clause 2 The Independent Commission for Reconciliation and Information Recovery Manuscript amendment made: 1, page 3, line 20, after "offences" insert "other than Troubles-related sexual offences".—(Conor Burns.) This amendment reflects the exclusion of Troubles-related sexual offences from the immunity provisions by New Clause 1. Clause 18 Immunity from prosecution Manuscript amendments made: 2, page 17, line 7, at end leave out subsection (12A) This amendment leaves out subsection (12A) inserted on the first day of Committee of the Whole House by amendment 115. It is replaced by New Clause 1. Manuscript amendment 3, page 17, line 24, at end insert— "( ) This section is subject to section (No immunity from prosecution for sexual offences)."—(Conor Burns.) This amendment provides that clause 18 has effect subject to New Clause 1 (which provides that immunity from prosecution cannot be granted for sexual offences). Schedule 4A Exempt Offences Manuscript amendment made: 4, page 66, line 26, leave out Schedule 4A.—(Conor Burns.) This amendment leaves out the Schedule inserted on day 1 of Committee of the Whole House by New Schedule 1. It is replaced by New Clause 1. Third Reading