Recommendation 13

HM Government Acknowledged

The Government welcomes the conclusions of the Committee that it “is right to recognise the importance of providing families that seek it with as much information as possible about the death of a loved one” and its observation that “many families seek not redress, but merely to be treated with respect and to obtain information”.1 The Government has always been clear we want to see information recovery at the heart of any new legacy system. It is clear that the current system for releasing Troubles-related information is not working, and the divisive cycle of reinvestigations and civil action as a primary route for truth recovery is failing to obtain answers for a majority of victims and families. As highlighted in some of the written submissions to the Committee, this focus on investigations is also hindering wider reconciliation in Northern Ireland. As pointed out by the Committee, many witnesses have said the likelihood of prosecutions at this stage is slim,2 including With the passage of time it becomes increasingly challenging for investigations to satisfy the evidential thresholds necessary for prosecution. The Committee will be aware that some of the most significant and resource-intensive investigations of recent times are yet to result in prosecutions. In October 2020 the Northern Ireland Public Prosecution Service set out its decision to direct no prosecution against four persons referred to it by the multi-million pound Operation Kenova investigation, on the grounds that there was “insufficient evidence to provide a reasonable prospect of conviction.” Indeed, 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.