Lead member
Lord Dodds of Duncairn
Democratic Unionist Party, Life peer
Lords
Decision
Disagreed
This amendment was disagreed to. Where a member has given notice of their intention to oppose a Clause/Schedule standing part of a Bill, 'disagreed' indicates that the Clause/Schedule remained part of the Bill.
Amendment text
Clause 38, page 29, line 30
at end insert—
“(3A)
For the purposes of subsection (3), a criminal prosecution of P is to be treated as having begun when a file relating to the criminal investigation into P’s conduct has already been submitted to the Public Prosecution Service for Northern Ireland on or before the day that section 33 comes into force.
(3B)
But if no prosecution of P is directed on the basis of the file submitted to the Public Prosecution Service for Northern Ireland, the case relating to P must be returned to the ICRIR for investigation in accordance with this Part.”
Member’s explanatory statement
The purpose of this amendment is to treat a public prosecution as having begun when the file is passed to the Public Prosecution Service for Northern Ireland.