Source · Select Committees · Northern Ireland Affairs Committee
Recommendation 13
13
Accepted
Unresolved questions remain regarding conflicts of interest determination and disclosure processes.
Conclusion
The new provisions on conflicts of interest in the Joint Framework and Troubles Bill are, ultimately, a reflection of the political realities of Northern Ireland. By stating this matter of fact, we do not seek to impugn the integrity of any of the current commission officeholders, who continue to discharge their duties in difficult circumstances with the utmost professionalism. Questions remain, however, about the extent of the Secretary of State’s power to determine what constitutes a conflict of interest; the process by which families may raise, and the Oversight Board may determine, conflicts of interest; and whether senior commissioners should have to require commission officers to disclose information relating to a potential conflict of interest. (Conclusion, Paragraph 95)
Government Response Summary
The government clarifies that the Troubles Bill contains extensive provisions (Clauses 44-47) regarding conflicts of interest, asserting the Secretary of State will have no role, and details how the CEO, commission officers, and family consultation processes will address potential conflicts.
Government Response
Accepted
HM Government
Accepted
The Troubles Bill contains extensive provisions regarding conflicts of interest (Clauses 44-47). These were not contained in the Legacy Act, and are consistent with draft provisions from the Stormont House Agreement draft Bill. The Secretary of State will have no role whatsoever in considering or determining potential conflicts of interest. Clause 44 of the Bill requires the Commission to publish a statement setting out how the Directors of Investigations and other Legacy Commission officers will comply with the statutory conflicts of interest duties. Clause 45 makes clear that a Director of Investigations (2) or a Commission officer (3) must provide information to the CEO (2) or the relevant Director (3) with information about any matter which might reasonably be expected to give rise to a conflict of interest, or otherwise affect their ability to carry out their work fairly and impartially. The CEO, who sits on the Oversight Board, will determine conflicts of interest regarding the Directors under Clause 47. In relation to families, Clauses 34(3) and (4) require the CEO, in relation to a proposed allocation of a case to a Director of Investigations, to consult and allow persons to give representations about any matter that they consider relevant to identifying and dealing with conflicts of interest in relation to the investigation. Clause 47 also provides for the reallocation of cases should a relevant conflict of interest arise following an initial allocation to a Director of Investigations.