Source · Select Committees · Northern Ireland Affairs Committee
Recommendation 17
17
Accepted
Secretary of State's broad discretion risks premature closure of the Legacy Commission.
Recommendation
The Bill’s provisions for winding up the commission grant the Secretary of State broad discretion, raising concerns that it could be closed prematurely for political or resource-based reasons. There is a case for clearer consultation requirements and evidence-based decisions to protect ongoing investigations and uphold commitments to truth and justice. (Conclusion, Paragraph 110) Troubles-related cases and inquests
Government Response Summary
The government details existing significant safeguards in Clause 25 for winding up the Legacy Commission, including requirements for consultation, published reports, and parliamentary approval via affirmative procedure, indicating that these address concerns.
Government Response
Accepted
HM Government
Accepted
The Secretary of State’s power to wind up the Legacy Commission under Clause 25 is subject to significant safeguards. The Secretary of State can only do so, by regulations, when they are satisfied that the need for the exercise of the Legacy Commission functions (including those conferred on Directors of Investigations and judicial panel members) has ceased. The Secretary of State must consult the Legacy Commission and take into account its annual reports before taking a decision. The Secretary of State must also consult any other person that they consider appropriate. A report must be published by the Secretary of State setting out who has been consulted, a summary of the views expressed, and explaining why they are satisfied that the need for the exercise of the Legacy Commission functions has ceased. Finally, any decision to wind up the Legacy Commission will be subject to a vote in Parliament, via the affirmative procedure.