Recommendations & Conclusions
16 items
1
Conclusion
Third Report: Addressing the Legacy of …
We are disappointed that the UK Government has decided not to submit, to date, written evidence to our inquiry, but we look forward to receiving it, just as we would look forward to formal submissions from the Irish Government. In addition, the planned oral evidence session with the Secretary of …
Government response. I am writing following the publication, on 26 October, of the Northern Ireland Affairs Committee’s interim report, “Addressing the Legacy of Northern Ireland’s Past: the Government’s New proposals—Third Report of Session 2019–21.” I would like to take this opportunity to …
Northern Ireland Office
2
Conclusion
Third Report: Addressing the Legacy of …
Too many key questions remain regarding how the proposed new institution would operate and function. It is deeply worrying that since 18 March, when the Government announced its new legacy proposals, it has been unable to provide any further policy detail. While covid-19 has presented a challenge across government, policy …
Government response. I am writing following the publication, on 26 October, of the Northern Ireland Affairs Committee’s interim report, “Addressing the Legacy of Northern Ireland’s Past: the Government’s New proposals—Third Report of Session 2019–21.” I would like to take this opportunity to …
Northern Ireland Office
3
Recommendation
Third Report: Addressing the Legacy of …
The Committee welcome the Government’s desire to legislate to address the legacy of the past in Northern Ireland. Our predecessor Committee’s inquiry in the previous Parliament identified flaws in the draft Bill which would have prevented its receiving broad support in Northern Ireland. However, the new proposals represent a unilateral …
Government response. I am writing following the publication, on 26 October, of the Northern Ireland Affairs Committee’s interim report, “Addressing the Legacy of Northern Ireland’s Past: the Government’s New proposals—Third Report of Session 2019–21.” I would like to take this opportunity to …
Northern Ireland Office
4
Conclusion
Third Report: Addressing the Legacy of …
The Irish Government will have a role to play in parts of a new legacy process. It will need to maintain a collaborative approach to help resolve legacy cases, which we 26 Addressing the Legacy of Northern Ireland’s Past: the Government’s New Proposals (Interim Report) heard has not always been …
Government response. In particular, the Committee notes that: “the Irish Government will have a role to play in parts of a new legacy process. It will need to maintain a collaborative approach to help resolve legacy cases, which we heard has not …
Northern Ireland Office
5
Conclusion
Third Report: Addressing the Legacy of …
The Government is right to recognise the unique circumstances in Northern Ireland by decoupling Northern Ireland legacy issues from the Overseas Operations (Service Personnel and Veterans) Bill. Any attempts to conflate the two must be resisted. (Paragraph 20) Consultation and legislation
Government response. The Government is sincere and unstinting in its gratitude to those who served their country—whether overseas, or in helping to uphold the law in Northern Ireland during the long years of the Troubles—and welcomes the Committee’s recognition that it is …
Northern Ireland Office
6
Recommendation
Third Report: Addressing the Legacy of …
We are dismayed by the lack of consultation and engagement with representative groups by the NIO on its new proposals both before and after the publication of the WMS in March 2020. The WMS was a unilateral and emphatic announcement of intent rather than part of a meaningful consultation process. …
Government response. The Committee has noted that: “to ensure that its new legacy proposals are fit for purpose and capable of drawing support from all communities, the Government must conduct a transparent and meaningful consultation with victims’ groups, Northern Ireland political parties …
Northern Ireland Office
7
Recommendation
Third Report: Addressing the Legacy of …
The Government must: a) set out the rationale for its decision to abandon the model of a separate Historical Investigations Unit and Independent Commission for Information Retrieval proposed in the Stormont House draft Bill; and b) explain the potential merits of forming a single organisation to perform both investigations and …
Government response. The Government believes it is right to focus on information recovery and providing answers to those with questions about what happened to their loved ones. Committee members have highlighted the different approaches suggested for information retrieval, from the proposed Independent …
Northern Ireland Office
8
Recommendation
Third Report: Addressing the Legacy of …
The aspiration for the new body “to move at a faster pace” set out in the WMS will be achieved only if it is matched by appropriate funding. The Government must ensure that any new legacy institution has sufficient funding to carry out its work thoroughly and efficiently. (Paragraph 30) …
Northern Ireland Office
9
Conclusion
Third Report: Addressing the Legacy of …
The permanent closure of a case in which a serious crime has been committed raises profound legal, ethical and human rights issues. There is considerable doubt whether such closures are the right approach. Before the Government introduces legislation, it must clarify its policy on: a) whether cases could be reopened …
Government response. The Government will continue to take these contributions and the work of the Committee into account as we move forward in delivering on our commitment to deal with the legacy of the Troubles in a way which focuses on reconciliation, …
Northern Ireland Office
10
Conclusion
Third Report: Addressing the Legacy of …
There may be merit in using normal and prevailing tests for prosecution. However, the WMS indicates a potential alternative approach. Were the Government’s plans to be adopted, we stress the importance of the need to build confidence in that approach across the community in Northern Ireland and in the Republic …
Government response. The Government believes it is right to focus on information recovery and providing answers to those with questions about what happened to their loved ones. Committee members have highlighted the different approaches suggested for information retrieval, from the proposed Independent …
Northern Ireland Office
11
Recommendation
Third Report: Addressing the Legacy of …
We expect the Government to abide by its obligations under the ECHR to ensure that investigations conducted by the new legacy body are Article 2 compliant. Victims and families will be failed by a process that results in legal challenge and further delay. This will cause frustration to those who …
Northern Ireland Office
12
Conclusion
Third Report: Addressing the Legacy of …
The Government is right to recognise the importance of providing families that seek it with as much information as possible about the death of a loved one. Many families seek not redress, but merely to be treated with respect and to obtain information. Unfortunately, the WMS did not explain the …
Government response. The Government welcomes the conclusions of the Committee that it “is right to recognise the importance of providing families that seek it with as much information as possible about the death of a loved one” and its observation that “many …
Northern Ireland Office
13
Recommendation
Third Report: Addressing the Legacy of …
The Government must, with some urgency, set out how its proposed information recovery mechanism will operate, including the means by which it will obtain information. The needs of victims and survivors, for truth, accountability and for reconciliation will be deeply damaged if information is not fully available without 28 Addressing …
Government response. The Government welcomes the conclusions of the Committee that it “is right to recognise the importance of providing families that seek it with as much information as possible about the death of a loved one” and its observation that “many …
Northern Ireland Office
14
Recommendation
Third Report: Addressing the Legacy of …
Any new legacy process must command the trust and confidence of those engaging with it. Although no scheme will ever command universal support, the Government must have at the heart of its thinking the objective of maximising trust across the traditions and ensuring full compliance with all legal requirements. We …
Government response. The Government welcomes the conclusions of the Committee that it “is right to recognise the importance of providing families that seek it with as much information as possible about the death of a loved one” and its observation that “many …
Northern Ireland Office
15
Recommendation
Third Report: Addressing the Legacy of …
The Government must examine: a) how Operation Kenova has engaged with victims’ groups and families; b) whether Operation Kenova could be scaled up to deliver across the piece; and c) whether aspects of Operation Kenova’s approach could usefully be replicated or reinforced in any new legacy body or bodies, including …
Government response. The Government notes the Committee’s suggestion that the “Government can learn lessons from Operation Kenova when developing its own legacy system”.5
Northern Ireland Office
16
Conclusion
Third Report: Addressing the Legacy of …
The Commissioner for Victims and Survivors in Northern Ireland performs the duties set out in the Victims and Survivors (Northern Ireland) Order 2006. Those duties include promoting and safeguarding the interests of victims and survivors and reviewing laws, practices and services. We note that this key role has been vacant …
Northern Ireland Office