Committee
Criminal Justice Committee 18 March 2026 [Draft]
18 Mar 2026 · S6 · Criminal Justice Committee
Item of business
Northern Ireland Troubles Bill
Clare McKinlay (Scottish Government)
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One distinction is that the investigations can relate to a wide range of criminal conduct, not only conduct that caused deaths, whereas inquisitorial proceedings are restricted to the investigation of the circumstances of certain deaths.I do not have details to hand on the allocation process in relation to which proceedings would apply for certain deaths. However, the bill makes detailed provision for different procedures to apply to each process and for different members of the legacy commission with different functions to conduct those procedures.If it would be helpful, we could certainly look to provide a bit more information to the committee following the evidence session.
In the same item of business
The Convener (Audrey Nicoll)
SNP
Good morning, and welcome to the 11th meeting in 2026 of the Criminal Justice Committee. We have received no apologies, and we expect to be joined by Pauline...
The Cabinet Secretary for Justice and Home Affairs (Angela Constance)
SNP
Thank you, convener. Good morning. I am grateful for the opportunity to be with the committee to speak about the UK Government’s Northern Ireland Troubles Bi...
The Convener
SNP
Thank you very much, cabinet secretary. Clause 28 is on matters relating to the investigation of deaths, and I am pleased that clause 28(10) will allow the L...
Angela Constance
SNP
I will ask my officials to provide the details on that in a moment.I wish to make the broader point that the Crown Office and Procurator Fiscal Service’s vie...
Nicholas Parton (Scottish Government)
Clare McKinlay can come in, or I can give answering the question a go. Convener, can you remind me what distinction you are asking about?
The Convener
SNP
The new legacy commission’s core functions will be to investigate conduct associated with the troubles that caused death or serious harm and to conduct inqui...
Angela Constance
SNP
You are asking about the distinction between conducting investigations and conducting inquisitorial proceedings. Is that right?
The Convener
SNP
Yes.
Clare McKinlay (Scottish Government)
One distinction is that the investigations can relate to a wide range of criminal conduct, not only conduct that caused deaths, whereas inquisitorial proceed...
The Convener
SNP
That would probably be helpful for our understanding of the bill’s provisions, although we are limited in our time. I was just wondering whether the opportun...
Angela Constance
SNP
That is no problem at all, convener, and we will, of course, do that, but it is important to emphasise that this is not a Scottish Government bill—it is a UK...
The Convener
SNP
Thanks very much.My final question relates to some of the information in the memorandum. It seems to suggest that certain clauses confer powers on UK ministe...
Angela Constance
SNP
That is an important point, convener, and we have continued to engage with the Crown Office on the matter. Obviously, the legislation relates specifically to...
The Convener
SNP
Thank you for that reassurance. I will hand over to Liam Kerr.
Liam Kerr (North East Scotland) (Con)
Con
Good morning, cabinet secretary. The veterans commissioners for Scotland, Northern Ireland and Wales have expressed concerns about veterans protections, lawf...
Angela Constance
SNP
I have not had any direct engagement with the veterans commissioner on this matter, although I have on other matters in the past. I know that Mr Dey, the vet...
Liam Kerr
Con
I am grateful. Have you had any direct meeting, or is there any correspondence that you can share, with the Secretary of State for Northern Ireland on either...
Angela Constance
SNP
I will check on that, Mr Kerr. Officials have had a lot of engagement with the Northern Ireland Office. I do not know what correspondence exists, but I will ...
Liam Kerr
Con
I am grateful.You will see a theme develop with my final question at this stage. I understand that the Scottish Government has had verbal engagement with Pol...
Angela Constance
SNP
I have not engaged with Police Scotland directly, person to person, on this, but I believe that officials have. Again, I can check what information exists in...
The Convener
SNP
Mr Mountain, would you like to come in?
Edward Mountain (Highlands and Islands) (Con)
Con
Thank you, convener. I am grateful that you have allowed me to join your meeting this morning. In my 10 years in the Parliament, it is the one committee that...
Angela Constance
SNP
I want to be clear about what Mr Mountain is asking.
Edward Mountain
Con
A legacy commission is being set up by the bill, which you support. Will the legacy commission look at both sides of the argument, unlike what happened in th...
Angela Constance
SNP
I will ask officials to come in on the detail of that, Mr Mountain. The only point that I want to clarify is that I am taking through the Parliament a legisl...
Nicholas Parton
My understanding is that the commission can take information about any serious criminality that has occurred in relation to the troubles. That would include ...
Edward Mountain
Con
I have one more question. Cabinet secretary, what I know is that the majority of us have no idea what it is like for the people whom we ask to serve their co...
Angela Constance
SNP
Like many people who have never served on the front line, I do not have a comprehensive or complete picture or lived experience of what that is like. Like ma...
Edward Mountain
Con
I share the view of the cabinet secretary that the system should treat everyone equally. My fear is that the bill will make the situation unequal for those w...
Liam Kerr
Con
I have a quick question. What happens if the committee does not recommend consent to Parliament, and what happens if Parliament does not consent to the LCM? ...