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 …
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
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
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
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
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