Recommendations & Conclusions
8 items
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 …
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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 issue– one created by the legislation through which it was introduced. While we are sure it will continue to discharge its duties with integrity and rigour until the transition to the Legacy Commission, we are also clear that, unreformed, it would not have been able to win the trust of all communities. If all communities were to invest in and ultimately benefit from the answers that an organisation dealing with legacy cases can provide, significant reform was inevitable. We therefore welcome the Government’s willingness to address many of the concerns, from a range of stakeholders, through the Joint Framework and Northern Ireland Troubles Bill. Issues of clarification and refinement remain, however. (Conclusion, Paragraph 32)
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Government response AI summary
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 during this transition.
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Northern Ireland Executive
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)
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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)
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Government response AI summary
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.
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Northern Ireland Executive
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 …
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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 terrorism, crime or paramilitary activity. (Conclusion, Paragraph 80)
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Government response AI summary
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 representation.
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Northern Ireland Executive
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 AI summary
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.
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Northern Ireland Executive
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 …
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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 their duties in difficult circumstances with the utmost professionalism. Questions remain, however, about the extent of the Secretary of State’s power to determine what constitutes a conflict of interest; the process by which families may raise, and the Oversight Board may determine, conflicts of interest; and whether senior commissioners should have to require commission officers to disclose information relating to a potential conflict of interest. (Conclusion, Paragraph 95)
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Government response AI summary
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.
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Northern Ireland Executive
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 …
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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 how a case should progress. (Recommendation, Paragraph 96) 82
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Government response AI summary
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.
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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. …
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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. (Conclusion, Paragraph 110) Troubles-related cases and inquests
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Government response AI summary
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.
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Northern Ireland Executive
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 …
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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 pilot phase. Without this clarity, confidence in the ICIR may not be assured, among either those who wish to provide it with information, or those who seek the truth in its reports. (Recommendation, Paragraph 178) Cross-border co-operation and commitments by the Government of Ireland
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Government response AI summary
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 and ensure information credibility.
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Northern Ireland Executive
Northern Ireland Office