Source · Select Committees · Northern Ireland Affairs Committee

Recommendation 9

9 Paragraph: 38

The permanent closure of a case in which a serious crime has been committed raises...

Conclusion
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.
Paragraph Reference: 38
Government Response Acknowledged
HM Government Acknowledged
The Government will continue to take these contributions and the work of the Committee into account as we move forward in delivering on our commitment to deal with the legacy of the Troubles in a way which focuses on reconciliation, delivers for victims, and ends the cycle of re-investigations that has failed victims and veterans alike. The Committee will be aware that legacy reform remains a matter of ongoing sensitive policy development and engagement. While it is clear that there is room for further constructive dialogue in a number of areas, there are also a number of key issues on which we are in agreement.