Recommendations & Conclusions
16 items
1
Recommendation
Third Report: Addressing the Legacy of …
Acknowledged
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 …
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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 State was postponed at the request of the Government. This Report is necessarily an Interim Report, in which we set out our recommendations and conclusions with a view to informing the future policy. We hope that the Government will use its response to this Interim Report to address the outstanding questions in this policy area and keep in mind the principles of the Stormont House Agreement and New Decade, New Approach.
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Government response AI summary
The government thanked the committee for its work and stated it would continue to take its contributions into account as legacy reform remains an ongoing matter of sensitive policy development, but did not address the specific outstanding questions requested.
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Northern Ireland Executive
Northern Ireland Office
2
Conclusion
Third Report: Addressing the Legacy of …
Acknowledged
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 …
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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 development has continued across Whitehall, and the Northern Ireland Office has digital platforms to facilitate its work. The information lacuna is especially regrettable given the sensitivity of the issues and the period since many of the events occurred. Delay and uncertainty perpetuate an unacceptable situation that has already gone on too long. (Paragraph 6) Stormont House Agreement
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Government response AI summary
The government thanked the committee for its report and stated that legacy reform remains an ongoing matter of sensitive policy development and engagement, without addressing the specific concerns about the lack of policy detail or delay.
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Northern Ireland Executive
Northern Ireland Office
3
Recommendation
Third Report: Addressing the Legacy of …
Acknowledged
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 …
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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 and unhelpful departure from the Stormont House Agreement rather than positive and progressive evolution. The Government must, as soon as possible, introduce legislation that is consistent with the six principles of the Stormont House Agreement: • promoting reconciliation; • upholding the rule of law; • acknowledging and addressing the suffering of victims and survivors; • facilitating the pursuit of justice and information recovery; • complying with human rights; and • being balanced, proportionate, transparent, fair and equitable.
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Government response AI summary
The government thanked the committee and stated it would continue to take contributions into account as it moves forward with legacy commitments, noting that reform is an ongoing matter of policy development, without committing to introducing legislation consistent with the Stormont House Agreement.
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Northern Ireland Executive
Northern Ireland Office
4
Recommendation
Third Report: Addressing the Legacy of …
Acknowledged
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 …
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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 the case in the past. That will best be achieved by the UK Government adopting a policy of meaningful and appropriate engagement with the Irish Government as envisaged in the Stormont House Agreement.
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Government response AI summary
The government reaffirmed its strong commitment to working in partnership with the Irish Government on legacy issues, aligning with the recommendation for meaningful engagement.
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Northern Ireland Executive
Northern Ireland Office
5
Recommendation
Third Report: Addressing the Legacy of …
Accepted
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
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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
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Government response AI summary
The government welcomed the committee's recognition of decoupling NI legacy issues from the Overseas Operations Bill and reaffirmed its commitment to address NI veteran needs as part of a wider legacy package, aligning with the recommendation to resist conflation.
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Northern Ireland Executive
Northern Ireland Office
6
Recommendation
Third Report: Addressing the Legacy of …
Accepted
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. …
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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. This issue demands serious and sustained engagement by the Government. Peacebuilding in Northern Ireland has historically been based on establishing consensus and agreement. Merely telling parties or organisations what Government either has done or is about to do is not consultation. We invite the Government to set out in written and/or oral evidence its engagement with the Irish Government, an invitation of which the Irish Government is also welcome to avail itself, if it so wishes. In order 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 and, to the extent necessary, the Irish Government before publishing legislation. (Paragraph 24) Proposed new legacy body
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Government response AI summary
The government explicitly agreed with the committee's recommendation to conduct a transparent and meaningful consultation with victims' groups, political parties, and the Irish Government before publishing legacy legislation.
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Northern Ireland Executive
Northern Ireland Office
7
Recommendation
Third Report: Addressing the Legacy of …
Not Addressed
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 …
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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 information recovery.
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Government response AI summary
The government stated its belief in focusing on information recovery and carefully considering all options for a fit-for-purpose process, but did not set out the rationale for abandoning the previous model or explain the merits of a single organization, as recommended.
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Northern Ireland Executive
Northern Ireland Office
8
Recommendation
Third Report: Addressing the Legacy of …
Not Addressed
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) …
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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) Investigations
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Government response AI summary
The government provided a general statement about taking contributions into account and moving forward with legacy commitments, but did not address the specific recommendation about ensuring sufficient funding for any new legacy institution.
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Northern Ireland Executive
Northern Ireland Office
9
Recommendation
Third Report: Addressing the Legacy of …
Acknowledged
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 …
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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 if new, compelling evidence comes to light; Addressing the Legacy of Northern Ireland’s Past: 27 the Government’s New Proposals (Interim Report) b) what would happen to evidence and files in cases that are permanently closed; c) whether decisions on case closure would be subject to a right of appeal; d) what practical actions “swift final examinations” would entail; e) who would be responsible for making decisions on which cases merit a full police investigation; f) whether the new body would be responsible for undertaking such investigations; and g) how to ensure that bodies that hold information do not simply run down the clock by withholding material.
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Government response AI summary
The government acknowledged the committee's contributions, stating that legacy reform is an ongoing matter of sensitive policy development and engagement, but did not provide the specific policy clarifications requested.
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Northern Ireland Executive
Northern Ireland Office
10
Recommendation
Third Report: Addressing the Legacy of …
Deferred
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 …
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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 of Ireland. The tests to be met include the clarification of: a) the threshold for “new compelling” evidence meriting a full investigation; b) setting a legal bar on cases that do not meet the threshold being reopened in the future; and c) whether the proposed new system is secure against possible legal challenge. Given the importance of this issue, we again invite the Government to address these points in both written and oral evidence to the Committee.
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Government response AI summary
The government stated its focus is on information recovery and that it is carefully considering all options and concerns to ensure the process is fit for purpose, but did not directly address the specific points regarding prosecution tests or legal challenges.
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Northern Ireland Executive
Northern Ireland Office
11
Recommendation
Third Report: Addressing the Legacy of …
Acknowledged
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 …
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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 have already waited too long to find out what happened to their loved ones. In setting up any legacy institution, the Government must publish guidelines setting out the steps the body and its staff will take to ensure that its investigations are ECHR compliant. (Paragraph 42) Information recovery
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Government response AI summary
The government broadly acknowledged the committee's contributions and reaffirmed its commitment to dealing with the legacy of the Troubles, but did not specifically commit to ensuring ECHR Article 2 compliance for investigations or publishing related guidelines.
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Northern Ireland Executive
Northern Ireland Office
12
Conclusion
Third Report: Addressing the Legacy of …
Acknowledged
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 …
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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 operation of the proposed information recovery mechanism and the intervening period of radio silence has been thoroughly unhelpful.
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Government response AI summary
The government welcomed the committee's conclusion that providing families with information is important and confirmed that information recovery is central to any new legacy system.
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Northern Ireland Executive
Northern Ireland Office
13
Recommendation
Third Report: Addressing the Legacy of …
Deferred
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 …
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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 the Legacy of Northern Ireland’s Past: the Government’s New Proposals (Interim Report) impediment to legacy structures. For this to be successful, transparency and access to relevant information are key and the positive and proactive engagement of the relevant actors and agencies would be required. We heard that historically the operational culture has not always met this test and ask those concerned to reflect carefully on this point. (Paragraph 47) Operation Kenova
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Government response AI summary
The government welcomed the importance of information recovery and confirmed it is central to their plans, stating they are carefully considering all options and working through concerns to ensure a fit-for-purpose process, but did not yet set out how the mechanism will operate.
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Northern Ireland Executive
Northern Ireland Office
14
Recommendation
Third Report: Addressing the Legacy of …
Acknowledged
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 …
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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 are pleased that the Government has promised to put the needs of those most affected at “the heart of the process”, but we note that no further detail has been provided on how families will be able to engage with the new process. The evidence that we received suggests that the Government can learn lessons from Operation Kenova when developing its own legacy system.
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Government response AI summary
The government welcomed the committee's observations and reaffirmed its commitment to information recovery, stating it would carefully consider all options to ensure a fit-for-purpose process that maximizes information for victims and families.
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Northern Ireland Executive
Northern Ireland Office
15
Recommendation
Third Report: Addressing the Legacy of …
Not Addressed
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 …
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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 its use of investigative governance and victims oversight mechanisms to provide independent scrutiny and build public confidence and the way in which it has fostered positive and trusting relationships with families.
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Government response AI summary
The government merely noted the committee's suggestion that it could learn lessons from Operation Kenova, without committing to examining the specific aspects requested.
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Northern Ireland Executive
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 …
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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 since 31 August 2020. We respectfully urge, given that the appointment of the Victims Commissioner is a devolved competence, the First Minister and Deputy First Minister in the Northern Ireland Executive to fill the position of Victims Commissioner as speedily as possible. (Paragraph 55) Addressing the Legacy of Northern Ireland’s Past: 29 the Government’s New Proposals (Interim Report)
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Northern Ireland Executive
Northern Ireland Office