This Memorandum refers to the Victims and Survivors (Disqualification) Bill as introduced in the Northern Ireland Assembly on 16 November 2010 (Bill 6/10)

VICTIMS AND SURVIVORS (DISQUALIFICATION) BILL

Explanatory and financial memorandum

INTRODUCTION

1. The Explanatory and Financial Memorandum relates to a Member’s Bill – the Victims and Survivors (Disqualification) Bill. It has been prepared on behalf of Mr Peter Weir (the Member in charge of the Bill) to assist the reader in understanding the Bill and to help inform debate on it. It does not form part of the Bill and has not been endorsed by the Assembly.

2. The Memorandum needs to be read in conjunction with the Bill. It is not, and is not meant to be, a comprehensive description of the Bill.

BACKGROUND AND POLICY OBJECTIVES

3. The Victims and Survivors ( Northern Ireland) Order 2006 (“the Order”) established the Commission for Victims and Survivors, with the purpose of promoting the interests of “victims and survivors” (as defined in the Order) of violent incidents that occurred in or after 1966 in connection with the affairs of Northern Ireland. The Order additionally confers a power on the Office of the First Minister and deputy First Minister to pay grants to bodies which appear to it to promote the interests of victims and survivors. The policy behind the Bill is to amend the Order by narrowing the definition of victims and survivors. The aim is to ensure that those with convictions either for perpetrating violent incidents or for membership of proscribed organisations are not treated as victims and survivors for the purposes of the Order.

CONSULTATION

4. A consultation document was published on 15 September 2009 inviting comment on the policy behind the Bill. Consultation closed on 30 October 2009 and 166 written responses were received, the majority of which were very supportive of the proposals. The issue that the Bill seeks to address has been addressed before by Members of the Legislative Assembly, including during a debate on victims on 3 July 2007 and during debates on the Commission for Victims and Survivors Act 2008. Public scrutiny of the proposed measures in the Bill, including evidence-gathering, will be carried out by the relevant Committee during the Committee stage of the Bill.

OPTIONS CONSIDERED

5. It was considered whether the objective could be achieved by means of a free-standing Bill but it was concluded that amending the definition of “victim” in the Victims and Survivors ( Northern Ireland) Order 2006 would be more effective.

OVERVIEW

6. The Bill has three clauses and no schedules.

COMMENTARY ON CLAUSES

Clause 1: Interpretation: “victim and survivor”

Clause 1 amends the Order by narrowing the interpretation of “victim and survivor” to exclude anyone with a conviction for:

(i) a violent offence committed in or after 1966 in connection with the affairs of Northern Ireland; or

(ii) membership of a proscribed organisation specified in Schedule 2 to the Terrorism Act 2000 insofar as the organisation listed in that schedule is connected with the affairs of Northern Ireland.

The position of a carer for someone who has a relevant conviction or was a member of a relevant proscribed organisation is unaffected by the Bill.

Clause 2: Commencement

This clause provides that the Bill will come into operation on Royal Assent.

Clause 3: Short title

This clause sets out the Bill’s short title.

FINANCIAL EFFECTS OF THE BILL

7. This Bill’s financial implications will be negligible.

EQUALITY AND HUMAN RIGHTS IMPLICATIONS

8. Human rights and equality issues were considered. The Member in charge is content that the Bill is not in breach of the standards with which the Assembly must comply.

LEGISLATIVE COMPETENCE

9. The Member in charge of the Bill, Mr Peter Weir, had made the following statement under Standing Order 30:

“In my view the Victims and Survivors (Disqualification) Bill would be within the legislative competence of the Northern Ireland Assembly.”