The DUP believes that the perpetrator of an act of terrorism should not be equated with the innocent victims of terrorism. Through a Private Member’s Bill at Stormont we are seeking to amend the current definition set out in the Victims and Survivors (Northern Ireland) Order 2006 article 3 which states:

Interpretation: "victim and survivor"     3. —(1) In this Order references to "victim and survivor" are references to an individual appearing to the Commissioner to be any of the following—     (a) someone who is or has been physically or psychologically injured as a result of or in consequence of a conflict-related incident;     (b) someone who provides a substantial amount of care on a regular basis for an individual mentioned in paragraph (a); or     (c) someone who has been bereaved as a result of or in consequence of a conflict-related incident.   (2) Without prejudice to the generality of paragraph (1), an individual may be psychologically injured as a result of or in consequence of—     (a) witnessing a conflict-related incident or the consequences of such an incident; or     (b) providing medical or other emergency assistance to an individual in connection with a conflict-related incident.

This consultation provides the opportunity for you to offer your views on the need for legislation and the detail of such legislation. A number of questions are listed below to explore some of the issues involved. We look forward to you views.

1. Do you agree with us that there is a need for legislation to amend the definition of “victim and survivor” as set out in the 2006 Order?

Yes: No: Don't Know

You can make further comments below if you wish.

2. Do you agree that the current definition is too wide?

Yes: No: Don't Know

You can make further comments below if you wish.

The Bill can do a number of things including the listing of categories of people who should not be considered “victims”.

The Bill could also exclude certain people from obtaining any financial or other benefit simply because they fall under the definition of victim as set out in the 2006 Order. This would mean that a person could still be a “victim” but wouldn’t get any benefit because of that status.

It would be helpful if you could answer the following questions.

The most straightforward category of person is the bomber who injures or kills himself while planting or making a terrorist bomb.

3. Do you agree that this person is not a “victim” and should be excluded from the definition?

Yes: No: Don't Know

You can make further comments below if you wish.

4. Should this also apply to everyone who was involved in the planning of the act of terrorism?

Yes: No: Don't Know

You can make further comments below if you wish.

There are some people with terrorist convictions who have been shot, killed or injured by other terrorists at a later stage.

5. Should such a person be excluded from the definition of victim?

Yes: No: Don't Know

You can make further comments below if you wish.

6. Alternatively, could that person still be considered a victim but be excluded from receiving any financial benefit because of their previous actions?

Yes: No: Don't Know

You can make further comments below if you wish.

7. Would it make any difference if that person had only a relatively minor conviction, perhaps one that resulted in a non-custodial sentence for example?

Yes: No: Don't Know

You can make further comments below if you wish.

8. Or if that conviction had been obtained many years before?

Yes: No: Don't Know

You can make further comments below if you wish.

9. Is your view altered where it is clear that such a person had regretted or renounced their previous activities before they were shot, injured or killed?

Yes: No: Don't Know

You can make further comments below if you wish.

Some terrorists have been shot while in the process of carrying out an act of terrorism.

10. Do you agree that such a person should be excluded from the definition of victim?

Yes: No: Don't Know

You can make further comments below if you wish.

There are some people who had been injured by terrorists, or have lost a relative to terrorism, and then at a later stage in their lives have become involved in committing acts of terrorism.

11. Should this person be excluded from the definition of victim?

Yes: No: Don't Know

You can make further comments below if you wish.

12. Alternatively, should that person still be considered a victim but excluded from gaining any financial benefit because of their subsequent actions?

Yes: No: Don't Know

You can make further comments below if you wish.

13. What proof do you feel should be required to show a person has been or is involved in terrorist activities if there is no criminal conviction?

Add your thoughts below.

14. Who should make the final decision as to whether or not that person is a victim if it is disputed?

Add your thoughts below.

The 2006 Order creates two additional categories of "victims and survivors":

"(b) someone who provides a substantial amount of care on a regular basis for an individual mentioned in paragraph (a); or

(c ) someone who has been bereaved as a result of or in consequence of a conflict related incident.

Therefore under the current definition family members and carers are defined as "victims and survivors". It is therefore necessary to consider whether these categories need to be narrowed to exclude certain types of people.

15. Do you agree that the family of a bereaved or injured person, where that person sustained their death or injuries whilst carrying out an act of terrorism, should be excluded from being considered a “victim”?

Yes: No: Don't Know

You can make further comments below if you wish.

16. Alternatively, do you feel that they are still victims but should be excluded from any financial or other benefit by virtue of being victims under this Order?

Yes: No: Don't Know

You can make further comments below if you wish.

17. Do you see any circumstances where the family members bereaved of a person who died as a result of carrying out an act of terrorism, or who had been involved in terrorism at any time, should be considered victims?

Yes: No: Don't Know

You can make further comments below if you wish.

18. Are there are any other general points you would like to make?

Thank you for participating in this DUP consultation. Please add your name, contact information and details of any organisation you may be responding on behalf of, in the box below. Thanks.

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