Source · Select Committees · Northern Ireland Affairs Committee
Recommendation 3
3
Accepted
ICRIR unable to command confidence due to structural legislative issues, requiring significant reform.
Conclusion
Despite the Court of Appeal’s finding that the ICRIR had wide powers, unfettered access to all information, documents, and materials as it reasonably required, and was capable of human-rights compliant criminal investigations, ICRIR was unable to command confidence across the communities of Northern Ireland and beyond. This was a structural issue– one created by the legislation through which it was introduced. While we are sure it will continue to discharge its duties with integrity and rigour until the transition to the Legacy Commission, we are also clear that, unreformed, it would not have been able to win the trust of all communities. If all communities were to invest in and ultimately benefit from the answers that an organisation dealing with legacy cases can provide, significant reform was inevitable. We therefore welcome the Government’s willingness to address many of the concerns, from a range of stakeholders, through the Joint Framework and Northern Ireland Troubles Bill. Issues of clarification and refinement remain, however. (Conclusion, Paragraph 32)
Government Response Summary
The government acknowledges the ICRIR's difficulties but is confident that the fundamental reforms outlined in the Troubles Bill, including new governance structures and independent oversight, will ensure human rights compliance and public confidence, confirming ongoing efforts to support the ICRIR during this transition.
Government Response
Accepted
HM Government
Accepted
Despite the difficult circumstances of its inception, including the declarations of incompatibility made by the Northern Ireland courts in relation to the Legacy Act, the ICRIR was found by the same courts to have wide powers, and to be capable of conducting effective investigations that fulfil human rights obligations in all but a small number of cases. It is within that context that the ICRIR, led by Sir Declan Morgan as Chief Commissioner, is diligently investigating cases on behalf of families who have approached it. As of 13 January 2026, it is our understanding that the ICRIR is handling 113 live investigations. I would like to assure the Committee that the Government will do all it can to support the ICRIR to effectively discharge its duties on behalf of families while the Government’s proposed reforms are considered by Parliament, and as those reforms are put in place during a period of transition to a reformed Legacy Commission. Fundamental reform of the ICRIR, to ensure that it is fully human rights compliant and is able to command greater public confidence, is a key tenet of the Government’s commitment to repeal and replace the Legacy Act. This includes new governance structures and independent oversight arrangements. I am confident that the provisions currently included in the Troubles Bill will achieve the necessary reform of the Commission, and this has been reflected in the generally positive response from stakeholders to the reforms that have been proposed. I welcome that stakeholders will, of course, continue to raise issues and suggest ways in which, in their view, the Bill can be improved. The Government will always consider this feedback carefully. I provide below a response to the Committee’s recommendations or comments in relation to reform of the Commission.