Asked by: Lord Lexden (Conservative - Life peer)
Question to the Northern Ireland Office:
To ask Her Majesty’s Government what is the total sum to date that has been paid in compensation to persons found guilty of terrorist-related offences in Northern Ireland whose convictions have been overturned because the activities of British agents were not disclosed to the courts; how many further such claims for compensation are pending; and whether compensation will be paid if more claims are made.
Answered by Lord Dunlop
It is long standing policy of successive Governments neither to confirm nor deny the involvement of agents of the Security and Intelligence Agencies in any specific activity in order to protect the UK’s national security. I am therefore unable to comment further.
However, where national security sensitive information is relevant to an application for compensation for a miscarriage of justice in Northern Ireland, for example where the Court of Appeal is unable to make public its full reasons for quashing the conviction, the decision on whether compensation is payable is one for the Secretary of State for Northern Ireland. In making that decision, she will apply the new test set out in section 133(1Z) of the Criminal Justice Act 1988, namely that compensation is payable “if and only if the new or newly discovered fact shows beyond reasonable doubt that the person did not commit the offence”.
Asked by: Lord Lexden (Conservative - Life peer)
Question to the Northern Ireland Office:
To ask Her Majesty’s Government how many claims for compensation by the victims of terrorism in Northern Ireland remain outstanding.
Answered by Lord Dunlop
Matters relating to policing and justice were devolved to the Northern Ireland Executive in 2010 by the Northern Ireland (Devolution of Policing and Justice Functions Order) 2010. As a consequence, responsibility for compensation of the victims of terrorism in Northern Ireland now rests with the Northern Ireland Executive, and in particular the Department of Justice for Northern Ireland (DOJNI), which oversees the Criminal Injuries Compensation Scheme.
Asked by: Lord Lexden (Conservative - Life peer)
Question to the Northern Ireland Office:
To ask Her Majesty’s Government whether the Defamation Act 2013 can be applied in Northern Ireland through a legislative consent motion by the Northern Ireland Assembly, without any further legislation by Parliament.
Answered by Lord Dunlop
A Legislative Consent Motion (LCM) consents to legislation being undertaken by the UK Parliament to extend to a part of the UK where the subject-matter of the legislation is devolved. An LCM cannot of itself extend existing UK Parliament legislation. As the law on defamation is a devolved issue, this is a matter for the Northern Ireland Executive.
Asked by: Lord Lexden (Conservative - Life peer)
Question to the Northern Ireland Office:
To ask Her Majesty’s Government whether the Northern Ireland Law Commission has set a date for the publication of its report on the law of defamation in Northern Ireland; and, if not, whether it will now do so.
Answered by Baroness Randerson - Liberal Democrat Lords Spokesperson (Transport)
The Northern Ireland Law Commission is an independent advisory, non-departmental public body. The Northern Ireland Department of Justice is the Commission’s sponsoring Department. The Noble Lord may wish to contact the Commission or the Northern Ireland Department of Justice directly for information relating to this report.
Asked by: Lord Lexden (Conservative - Life peer)
Question to the Northern Ireland Office:
To ask Her Majesty’s Government when they intend to announce the outcome of their consultation exercise on the devolution of corporation tax rate setting powers to the Northern Ireland Assembly.
Answered by Baroness Randerson - Liberal Democrat Lords Spokesperson (Transport)
In ‘Building a Prosperous and United Community’ the Government committed to make a decision on whether to devolve corporation tax powers to Northern Ireland no later than Autumn Statement 2014. Significant legislative and technical work has taken place to date and we remain on track to meet this timetable.