Recommendations & Conclusions
11 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 …
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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 does not make up entirely for the frustration, distrust and scepticism that some people experienced along the way. (Conclusion, Paragraph 19)
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Government response AI summary
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.
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Northern Ireland Executive
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 AI summary
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 consultation strategy.
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Northern Ireland Executive
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 …
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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 the courts and both Governments saw no reason why they should not–until the new commission takes up this work demonstrates that in law at least the current approach to investigations was sound. By reopening the five-year window for requesting investigations, the legislation also signals a commitment to giving families greater time and flexibility, although concerns have been raised about the potentially arbitrary point at which the window might close. The reset brings other questions, too, which we set out below. (Conclusion, Paragraph 45)
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Government response AI summary
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.
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Northern Ireland Executive
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 …
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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 panel of relevant person/s. (Conclusion, Paragraph 72)
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Government response AI summary
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.
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Northern Ireland Executive
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 …
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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 depending on the circumstances of their case and whether Article 2 of the ECHR is engaged. Routing cases through a reformed commission may prove acceptable to critics of both the legacy inquest system and of earlier proposals to direct them to ICRIR. The proposals for independent judges presiding over public hearings, and provision for next of kin participation, including legal representation, are welcome. Proceedings must be demonstrably impartial. There are also 83 still concerns, however, about how practically independent judges can be who are appointed by the Secretary of State, rather than by the NI Judicial Appointments Commission. (Conclusion, Paragraph 123)
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Government response AI summary
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 processes without specifically detailing how …
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Northern Ireland Executive
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 …
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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 to the most appropriate investigatory body. The most appropriate may not be the one that can deal with them fastest. Despite the expectation that law officers will exercise a degree of independence from the Government, the proposed role of the Solicitor General in triaging cases has also undermined trust in the process among some stakeholders. (Conclusion, Paragraph 131)
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Government response AI summary
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.
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Northern Ireland Executive
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’ …
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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’ to all those engaging in the process. In doing so, they risk over-selling these provisions as guarantees and therefore undermining trust among the very groups in which they hope to instil confidence. Similarly, in pursuit of truth and justice, the new provisions must ensure the effective investigation of legacy cases including, with clear and appropriate safeguards for all, the reopening of previously defective investigations, only where necessary for the purposes of ECHR compatibility or owing to new evidence. (Conclusion, Paragraph 138)
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Government response AI summary
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.
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Northern Ireland Executive
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 …
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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 verifying information. (Conclusion, Paragraph 177)
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Government response AI summary
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.
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Northern Ireland Executive
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 …
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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 legacy unit in the Garda. Victim-survivors and other stakeholders will no doubt look for the establishment as soon as possible of structures comparable to those in the UK, to ensure confidence in the legacy process as a whole across the UK and Ireland. Dublin has stated that it needs to wait for London to implement its human rights-compliant structures before establishing its own. Noting that both governments are signatories to the ECHR, we would urge Dublin to move at pace to show their commitment and mutual good faith, and maximise confidence and the likelihood of successful outcomes. The lack of progress on the Republic of Ireland’s inquiry into the Omagh bombing remains a profound obstacle to uncovering the full truth. It continues to cause deep hurt for many and represents a serious failure of accountability. We have reservations about the Memorandum of 85 Understanding on the Inquiry which the Government of Ireland has agreed, and we do not believe it is a sustainable position for the Government to await its outworkings to determine whether our concerns are confirmed. (Conclusion, Paragraph 204) Reconciliation
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Government response AI summary
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.
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Northern Ireland Executive
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 …
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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 will be neither desirable nor achievable. Importantly though, the Government does have the resources and convening power to create the spaces and symbols to foster it. Reconciliation is no longer so artificially front and centre of the renamed Legacy Commission, but the Government still plans to progress other memorialisation and reconciliation provisions under Part 4 of the Legacy Act, and these may provide the basis for some reconciliation to flourish. (Conclusion, Paragraph 225)
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Government response AI summary
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.
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Northern Ireland Executive
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
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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
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Government response AI summary
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.
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Northern Ireland Executive
Northern Ireland Office