Recommendations & Conclusions
27 items
1
Conclusion
2nd Report – The Government's new appro…
Acknowledged
The NIO’s consultation and communications strategy prior to the announcement of the Joint Framework attracted criticism from families, victims-survivors and others. The contents of the Joint Framework and the Northern Ireland Troubles Bill may be interpreted by those who raised such concerns as evidence that Ministers were listening, but this …
Government response. The government acknowledges past criticisms regarding consultation by stating it has been informed by significant stakeholder engagement and will continue to engage openly and closely with all parties as the Troubles Bill progresses.
Northern Ireland Office
2
Recommendation
2nd Report – The Government's new appro…
Acknowledged
In future consultation rounds, the Government must implement a strategy whereby people feel genuinely consulted on policy proposals, not simply told what that policy will be. (Recommendation, Paragraph 20) The Commission
Government response. The government states it has been informed by significant stakeholder engagement and will continue to engage closely and openly with all interested parties as the Troubles Bill progresses, considering how it can be improved, without committing to a new formal …
Northern Ireland Office
3
Conclusion
2nd Report – The Government's new appro…
Accepted
Despite the Court of Appeal’s finding that the ICRIR had wide powers, unfettered access to all information, documents, and materials as it reasonably required, and was capable of human-rights compliant criminal investigations, ICRIR was unable to command confidence across the communities of Northern Ireland and beyond. This was a structural …
Government response. The government acknowledges the ICRIR's difficulties but is confident that the fundamental reforms outlined in the Troubles Bill, including new governance structures and independent oversight, will ensure human rights compliance and public confidence, confirming ongoing efforts to support the ICRIR …
Northern Ireland Office
4
Conclusion
2nd Report – The Government's new appro…
Acknowledged
The Joint Framework and Troubles Bill offer a chance to reset the investigation process for Troubles-related cases. Despite reassurances from ICRIR, some stakeholders continued to have misgivings about the 80 commission’s work. Many families and others have entrusted ICRIR with their cases, however, and the fact that these are continuing–and …
Government response. The government acknowledges the ICRIR's capabilities and ongoing investigations, stating it will do all it can to support the ICRIR in discharging its duties while reforms are considered and implemented.
Northern Ireland Office
5
Recommendation
2nd Report – The Government's new appro…
Accepted in Part
The Government must address concerns about the lack of any specific requirement for the investigations process to be ECHR-compliant; the de facto exclusion of most Troubles-related sexual crimes from the commission’s remit; the perceived risk that the Commission may disclose in its final reports the questions families have asked, or …
Government response. The government stated that the Bill ensures ECHR-compliance through existing duties and removed immunity provisions to allow investigation of sexual offences. It also clarified how family questions will be handled, but defended the current definition of 'serious harm' and did …
Northern Ireland Office
6
Conclusion
2nd Report – The Government's new appro…
Accepted
We welcome the provisions in the Bill—echoing what we heard early on in our inquiry—to increase the range of people and organisations that can refer cases to the commission, including the commission itself. Those provisions once again prompt their own questions, however, which we note below. (Conclusion, Paragraph 56)
Government response. The government confirms that Clauses 28(3) and 32 of the Troubles Bill already allow the Secretary of State and the Commission itself to refer cases, ensuring the government can discharge its ECHR Article 3 obligations.
Northern Ireland Office
7
Recommendation
2nd Report – The Government's new appro…
Rejected
The Government must address concerns about the Bill’s narrow definition of “close family member,” which may exclude relatives who often play a key role in pursuing information decades after incidents occurred. Ministers must also consider the merits of ensuring that a person’s severe physical or mental harm does not preclude …
Government response. The government defended its current definition of 'close family member' but committed to continue engaging and considering alternative views. It also defended the definition of 'serious physical or mental harm', citing other Bill provisions for referral where the harm definition …
Northern Ireland Office
8
Recommendation
2nd Report – The Government's new appro…
Accepted in Part
The Troubles Bill partly addresses concerns about the Secretary of State’s wide-ranging powers of appointment to the commission under the Legacy Act. Relinquishing such powers to an independent entity may only raise questions of accountability, so transparency will be an important confidence-building part of this process. To that end, the …
Government response. The government accepted the recommendation to publish a list of prospective consultees, including victim-survivor representation, noting this is required by Clause 9 of the Bill. However, it rejected the idea of the Minister being bound by a panel's recommendation, citing …
Northern Ireland Office
9
Conclusion
2nd Report – The Government's new appro…
Acknowledged
The proposed oversight board for the commission has been criticised for a perceived lack of independent membership. The Government’s confirmation that it will be led by an independent, non-executive chair is welcome, although we note that “independent” still entails appointment by the Secretary of State, albeit following advice from the …
Government response. The government clarified the composition and remit of the Oversight Board, noting it comprises non-executive Commissioners and CEO, and is designed to establish robust governance by scrutinizing the Commission's functions.
Northern Ireland Office
10
Recommendation
2nd Report – The Government's new appro…
Accepted in Part
In the interests of transparency, we recommend that the Government publish an indicative list of these consultees. Additionally, the Government must explain the membership and remit of the oversight board more clearly to those stakeholders in whom it needs to build more confidence in its proposals, including what practicable steps …
Government response. The government accepts the recommendation in part, confirming that Clause 9 of the Troubles Bill requires the publication of a list of consultees and that Clause 4 mandates international expertise on the Oversight Board, whose remit is also explained. However, …
Northern Ireland Office
11
Conclusion
2nd Report – The Government's new appro…
Accepted
While the principle of establishing a victims and survivors advisory group has been broadly welcomed, there is still uncertainty regarding its purpose, its relationship with existing forums, and whether the Government will act decisively, by way of amendment to the Bill, to prohibit participation or representation by the perpetrators of …
Government response. The government confirms that the VSAG membership will not include individuals involved in paramilitary violence and states that further information on its composition and terms of reference will be published under the Troubles Bill, addressing uncertainties about its purpose and …
Northern Ireland Office
12
Recommendation
2nd Report – The Government's new appro…
Accepted
The Government must provide detailed guidance on the group’s remit, composition, and operation to address these concerns and ensure it delivers on its intended role of genuinely representing victims and survivors. (Recommendation, Paragraph 81)
Government response. The government commits to publishing further information on the VSAG's composition, ensuring it excludes individuals involved in paramilitary violence, and its terms of reference under Clauses 9 and 8(7) of the Troubles Bill, addressing the call for detailed guidance.
Northern Ireland Office
13
Conclusion
2nd Report – The Government's new appro…
Accepted
The new provisions on conflicts of interest in the Joint Framework and Troubles Bill are, ultimately, a reflection of the political realities of Northern Ireland. By stating this matter of fact, we do not seek to impugn the integrity of any of the current commission officeholders, who continue to discharge …
Government response. The government clarifies that the Troubles Bill contains extensive provisions (Clauses 44-47) regarding conflicts of interest, asserting the Secretary of State will have no role, and details how the CEO, commission officers, and family consultation processes will address potential conflicts.
Northern Ireland Office
14
Recommendation
2nd Report – The Government's new appro…
Accepted
The Government must also clarify what constitutes for one director, ‘experience of conducting criminal investigations in Northern Ireland’, given the proposal that the other director, ‘will not have that experience but will have experience of conducting criminal investigations outside Northern Ireland’; and who arbitrates if the two directors disagree on …
Government response. The government clarified that 'experience' relates to professional background, citing examples like Operation Kenova. It also stated that the Oversight Board will arbitrate disagreements between directors, and their decision must be complied with.
Northern Ireland Office
15
Recommendation
2nd Report – The Government's new appro…
Accepted in Part
The Joint Framework and Troubles Bill partially fill the gap in commission accountability left by the Legacy Act. It is still unclear, however, what procedure there is to complain about maladministration or service failure by the commission. The Government must also clarify whether the powers of the Police Ombudsman for …
Government response. The government clarified that the ICRIR's public Complaints Handling Policy will remain for the reformed Commission, with statutory provisions for independent performance reviews. It also confirmed PONI's powers apply to current and former PSNI/RUC officers. However, it rejected the idea …
Northern Ireland Office
16
Recommendation
2nd Report – The Government's new appro…
Deferred
All the reform, goodwill and political impetus in the world will not lead to truth and justice if there is not enough money–either for investigatory or information-disclosing bodies. Despite the initial £250 million allocation to legacy mechanisms, this funding pot has not been updated to account for any of the …
Government response. The government reiterates its £250m funding commitment for legacy mechanisms, but redirects responsibility for PSNI funding and its allocation to the Department of Justice and the Northern Ireland Executive.
Northern Ireland Office
17
Recommendation
2nd Report – The Government's new appro…
Accepted
The Bill’s provisions for winding up the commission grant the Secretary of State broad discretion, raising concerns that it could be closed prematurely for political or resource-based reasons. There is a case for clearer consultation requirements and evidence-based decisions to protect ongoing investigations and uphold commitments to truth and justice. …
Government response. The government details existing significant safeguards in Clause 25 for winding up the Legacy Commission, including requirements for consultation, published reports, and parliamentary approval via affirmative procedure, indicating that these address concerns.
Northern Ireland Office
18
Conclusion
2nd Report – The Government's new appro…
Acknowledged
The Government’s plans for an enhanced inquisitorial mechanism through the Legacy Commission are seen by some as an improvement on the system introduced by the 2023 Act. We heard there are concerns, however, that they could lead to a hierarchy in terms of investigative processes and standards for different families …
Government response. The government states that all Legacy Commission investigations will thoroughly examine cases and be capable of leading to prosecutions, ensuring all families have access to information and human rights obligations are met, thereby addressing concerns about a hierarchy of investigative …
Northern Ireland Office
19
Conclusion
2nd Report – The Government's new appro…
Acknowledged
Stakeholders have different interpretations of the potential powers and effectiveness of the Enhanced Inquisitorial Mechanism; some are enthusiastic, others concerned about its powers compared with the inquest system. The Government also has a balancing act to perform, between ensuring that cases are assessed in a timely manner and directing them …
Government response. The government explains that all Commission investigations will examine circumstances, provide reports to families, and be capable of leading to prosecution, thereby fulfilling human rights obligations and providing information.
Northern Ireland Office
20
Recommendation
2nd Report – The Government's new appro…
Acknowledged
By introducing what it refers to as six new protections for veterans, the Government has attempted to address concerns among former military personnel and others that legacy investigations, whether leading to prosecution or not, have amounted to punishment in themselves. To ensure fairness, however, Ministers have necessarily extended these ‘protections’ …
Government response. The government explains the purpose of veteran protections and commits to continued engagement with veterans to inform careful consideration of additional measures, acknowledging concerns that current provisions may not go far enough.
Northern Ireland Office
21
Recommendation
2nd Report – The Government's new appro…
Rejected
We recognise the fundamental importance of balancing information disclosure with national security issues. Someone has to strike that balance. The Government did not undertake that role under the previous “Package of Measures” for investigating Troubles-related cases, nor does it under Operation Kenova. It will do, however, under the Troubles Bill. …
Government response. The government rejects the suggestion of introducing a merits-based appeal against ministerial decisions on information disclosure, stating that decisions will be subject to appeal on judicial review principles and upholding the Executive's primacy in national security.
Northern Ireland Office
22
Conclusion
2nd Report – The Government's new appro…
Acknowledged
Although proposals to establish the ICIR have been broadly welcomed, notable concerns remain. Alongside criticism of the proposal for the ICIR to operate on a pilot basis, there is insufficient clarity regarding the sequencing of its work and that of the Legacy Commission, and the processes for both protecting and …
Government response. The government clarifies details about the ICIR, stating that the Troubles Bill sets out the sequencing of work with the Legacy Commission and details provisions for information protection and verification.
Northern Ireland Office
23
Recommendation
2nd Report – The Government's new appro…
Accepted
The Government must provide more detail on the Independent Commission on Information Retrieval (ICIR), including its relationship with the Legacy Commission, the sequencing of the work of both bodies, the extent to which an information ‘firewall’ exists between them, the ICIR’s information verification processes, and the justification for its proposed …
Government response. The government provides extensive detail on the ICIR, explaining its treaty basis, the rationale for a three-year pilot phase, and how the Troubles Bill (Clauses 75 and 78) defines its relationship and sequencing with the Legacy Commission to prevent duplication …
Northern Ireland Office
24
Recommendation
2nd Report – The Government's new appro…
Acknowledged
We welcome the commitment to cooperation on legacy between the UK Government and the Government of Ireland. Ireland now needs to demonstrate its own commitment to establishing and completing human rights-compliant investigations, underpinned by legislation. There is a lack of clarity on the remit, independence and oversight of the proposed …
Government response. The government reports that the Irish Government has established a dedicated unit for Troubles-related cases and is progressing legislation for cooperation, in line with Joint Framework commitments. It notes that questions about the unit's independence are for the Irish Government.
Northern Ireland Office
25
Conclusion
2nd Report – The Government's new appro…
Acknowledged
Pathways to reconciliation are myriad and complex for every individual, and neither a government, nor a commission, can advance this from the top down. It will emerge only through the diverse acts, large and small, of the people of Northern Ireland and beyond, individually and collectively. For some, too, reconciliation …
Government response. The government reaffirms its commitment to Part 4 of the Legacy Act for oral history, memorialisation, and academic themes, and notes progress on an independently led official history and a digitisation project supporting reconciliation.
Northern Ireland Office
26
Recommendation
2nd Report – The Government's new appro…
Not Addressed
For Part 4 to succeed, the Government must progress its provisions in tandem with implementation of the Troubles Bill, ensure the process for choosing those who deliver it is transparent and allocate capital funding to enable reconciliation projects to commence. (Recommendation, Paragraph 226)
Government response. The government reiterates its commitment to the provisions of Part 4 of the Legacy Act, but does not address the specifics of implementing them in tandem, ensuring transparent selection of deliverers, or allocating capital funding.
Northern Ireland Office
27
Conclusion
2nd Report – The Government's new appro…
Acknowledged
We plan to inquire into societal reconciliation in more depth. At this juncture, however, it is clear—not least from the brave testimony of victims and survivors during this inquiry—that reconciliation stands a chance of succeeding only if accompanied by people’s admissions— and acknowledgment—of the truth. (Conclusion, Paragraph 227) 86
Government response. The government agreed that unequivocal recognition and acknowledgment of past harm is an important element for reconciliation, citing the Joint Framework's commitment on such statements.
Northern Ireland Office