Source · Select Committees · Northern Ireland Affairs Committee
Recommendation 10
10
Paragraph: 39
There may be merit in using normal and prevailing tests for prosecution.
Conclusion
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.
Paragraph Reference:
39
Government Response
Acknowledged
HM Government
Acknowledged
The Government believes it is right to focus on information recovery and providing answers to those with questions about what happened to their loved ones. Committee members have highlighted the different approaches suggested for information retrieval, from the proposed Independent Commission for Information Retrieval to Operation Kenova.6 It is important that the Government carefully considers all options and works through all the concerns expressed, both to this Committee and through the Government consultation, to ensure that any information recovery process is fit for purpose and maximises the chances of providing victims and families with as much information as possible about the circumstances of the death of a loved one—before the opportunity to do so is lost. Victims and survivors have waited too long—with many sadly passing on without ever knowing the truth—which is why the Government is determined to get this right.