Recommendation 10

There may be merit in using normal and prevailing tests for prosecution. However, the WMS indicates a potential alternative approach. Were the Government’s plans to be adopted, we stress the importance of the need to build confidence in that approach across the community in Northern Ireland and in the Republic of Ireland. The tests to be met include the clarification of: a) the threshold for “new compelling” evidence meriting a full investigation; b) setting a legal bar on cases that do not meet the threshold being reopened in the future; and c) whether the proposed new system is secure against possible legal challenge. Given the importance of this issue, we again invite the Government to address these points in both written and oral evidence to the Committee.