Select committee: Northern Ireland Affairs Committee
Recommendation 10
Third Report: Addressing the Legacy of Northern Ireland’s Past: the Government’s New Proposals (Interim Report)
Published 26 Oct 2020
Paragraph 39
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)
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.
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 39, 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".