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 …
Read more
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.
Show less
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.
Read full response →
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 …
Read more
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
Show less
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.
Read full response →
Northern Ireland Executive
Northern Ireland Office