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Session 1998-99 Internet Publications Other Bills before Parliament |
Northern Ireland (Location of Victims' Remains) Bill
This is the Northern Ireland (Location of Victims' Remains) Bill, as passed by the House of Commons and introduced in the House of Lords on 13th May 1999. | |
Explanatory Notes to the Bill, prepared by the Northern Ireland Office, are published separately as HL Bill 59- EN.
The Lord Dubs has made the following statement under section 19(1)(a) of the Human Rights Act 1998: In my view the provisions of the Northern Ireland (Location of Victims' Remains) Bill are compatible with the Convention rights. | |
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Northern Ireland (Location of Victims' Remains) Bill | |
B I L L TO Make provision connected with Northern Ireland about locating the remains of persons killed before 10th April 1998 as a result of unlawful acts of violence committed on behalf of, or in connection with, proscribed organisations; and for connected purposes. BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:- | |
Definitions. | 1. - (1) This section shall have effect for the purposes of this Act. |
(2) "The Commission" means the Independent Commission for the Location of Victims' Remains- | |
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(3) "Relevant information" means information as to the whereabouts of the remains of a victim of violence. | |
(4) "Victim of violence" means a person killed before 10th April 1998 as a result of an unlawful act of violence committed on behalf of, or in connection with, a proscribed organisation. | |
(5) In subsection (4) "proscribed organisation" means any organisation which at the passing of this Act is proscribed for the purposes of the Northern Ireland (Emergency Provisions) Act 1996. | |
The Commission. | 2. - (1) The Secretary of State may by order- |
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In this subsection "servants of the Commission" includes agents of, and persons carrying out work for or giving advice to, the Commission. | |
(2) An order under subsection (1)- | |
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(3) The Secretary of State may- | |
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(4) Any expenses incurred by the Secretary of State under subsection (3) shall be paid out of money provided by Parliament. | |
(5) This section shall come into force on such day as the Secretary of State, after consulting the Minister for Justice, Equality and Law Reform of the Government of Ireland, may by order made by statutory instrument appoint. | |
(6) This section shall cease to have effect at the end of such day as the Secretary of State, after consulting the Minister for Justice, Equality and Law Reform of the Government of Ireland, may by order made by statutory instrument appoint; and an order under this subsection may include such transitional provisions as appear to the Secretary of State to be expedient. | |
Admissibility of evidence in criminal proceedings. | 3. - (1) The following shall not be admissible in evidence in any criminal proceedings- |
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(2) Subsection (1) shall not apply to the admission of evidence adduced in criminal proceedings on behalf of the accused. | |
Restrictions on forensic testing. | 4. - (1) A person who has received any human remains or other item obtained (directly or indirectly) as a result of relevant information being provided to the Commission shall not carry out, or cause or permit anyone else to carry out, a test or procedure in relation to the item the purpose of which is- |
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(2) Subsection (1) does not prohibit a test or procedure the purpose of which is to discover information in relation to an item where the information is sought for the purpose of establishing, for the purposes of an inquest, the identity of a deceased person, or how, when and where he died. | |
(3) Subsection (1)(f) does not prohibit a test or procedure the purpose of which is to determine whether an item can safely be moved or otherwise dealt with. | |
Restrictions on disclosure of information. | 5. - (1) No relevant information provided to the Commission shall be disclosed to any person except for the purpose of facilitating the location of the remains to which the information relates. |
(2) Subsection (1) does not prohibit the disclosure to members of a victim's family of- | |
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Powers of entry. | 6. - (1) If on an application made by a constable a resident magistrate or, in Great Britain, a justice of the peace is satisfied- |
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he may issue a warrant authorising a constable to enter and search the premises. | |
(2) The conditions mentioned in subsection (1)(b) above are- | |
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(3) The power to issue a warrant conferred by this section is in addition to any such power otherwise conferred. | |
(4) In this section "premises" includes any place. | |
(5) In this section "resident magistrate" has the meaning given by Article 2 of the Magistrates' Courts (Northern Ireland) Order 1981. | |
Short title. | 7. This Act may be cited as the Northern Ireland (Location of Victims' Remains) Act 1999. |
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© Parliamentary copyright 1999 | Prepared 14 May 1999 |