Source · Select Committees · Northern Ireland Affairs Committee
Recommendation 14
14
Accepted
Clarify directors' investigation experience definition and arbitration process for disagreements.
Recommendation
The Government must also clarify what constitutes for one director, ‘experience of conducting criminal investigations in Northern Ireland’, given the proposal that the other director, ‘will not have that experience but will have experience of conducting criminal investigations outside Northern Ireland’; and who arbitrates if the two directors disagree on how a case should progress. (Recommendation, Paragraph 96) 82
Government Response Summary
The government clarified that 'experience' relates to professional background, citing examples like Operation Kenova. It also stated that the Oversight Board will arbitrate disagreements between directors, and their decision must be complied with.
Government Response
Accepted
HM Government
Accepted
The Troubles Bill requires the Secretary of State to ensure, so far as practicable, that one of the Directors has experience of conducting criminal investigations in Northern Ireland, and that the other Director does not have that experience, but has experience of conducting criminal investigations outside Northern Ireland (whether that experience was gained in Great Britain or elsewhere). To be clear, this is about a person’s experience and professional background, not where they are from. Investigators with experience of conducting Troubles-related criminal investigations as part of, for example, Operation Kenova, will be considered as having experience of conducting criminal investigations in Northern Ireland. As set out in the Joint Framework, the purpose of this provision is to ensure the two Directors of Investigations have different backgrounds, and that there is therefore scope to fully address any potential conflicts of interest at the most senior investigative level. Schedule 1, Part 3, Clause 17 of the Bill states that the Oversight Board will consider any disagreement between the Directors of Investigation regarding the functions that they are required to exercise jointly. The Directors of Investigation will be required to comply with the decision of the Oversight Board in those circumstances.