Select committee: Northern Ireland Affairs Committee
Recommendation 9
Third Report: Addressing the Legacy of Northern Ireland’s Past: the Government’s New Proposals (Interim Report)
Published 26 Oct 2020
Paragraph 38
Addressed to Northern Ireland Executive; Northern Ireland Office
Northern Ireland Affairs Committee Addressing the Legacy of Northern Ireland’s past: The UK Government's New Proposals All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗
Recommendation (the committee's words)
The permanent closure of a case in which a serious crime has been committed raises profound legal, ethical and human rights issues. There is considerable doubt whether such closures are the right approach. Before the Government introduces legislation, it must clarify its policy on: a) whether cases could be reopened if new, compelling evidence comes to light; Addressing the Legacy of Northern Ireland’s Past: 27 the Government’s New Proposals (Interim Report) b) what would happen to evidence and files in cases that are permanently closed; c) whether decisions on case closure would be subject to a right of appeal; d) what practical actions “swift final examinations” would entail; e) who would be responsible for making decisions on which cases merit a full police investigation; f) whether the new body would be responsible for undertaking such investigations; and g) how to ensure that bodies that hold information do not simply run down the clock by withholding material.
From: Northern Ireland Affairs Committee, Third Report: Addressing the Legacy of Northern Ireland’s Past: the Government’s New Proposals (Interim Report) (HC 329), paragraph 38, 26 October 2020
Government response
The government responded to the whole report on 18 January 2021.
Summary written by Accountability Index from the government's response. It is not the government's own words.The government says there is room for further constructive dialogue but also "a number of key issues on which we are in agreement" with the Committee, and it commits to continued engagement on legacy reform.
- On information recovery, the government welcomes the Committee's conclusions, says it believes "it is right to focus on information recovery", and says it "carefully considers all options" so any process is "fit for purpose". It "notes" the suggestion that it learn lessons from Operation Kenova.
- On veterans, it welcomes the Committee's recognition that decoupling Northern Ireland legacy issues from the Overseas Operations Bill is right, and says it will deliver on its commitments to NI veterans "as part of a wider package".
- On engagement, it is "in complete agreement" with the Committee that consultation with victims' groups, Northern Ireland parties and, to the extent necessary, the Irish Government should be transparent and meaningful.
- It makes no dated commitment, but says it will intensify engagement with key stakeholders going into the new year and share further details of its proposals "in due course".