Source · Select Committees · Northern Ireland Affairs Committee
Recommendation 18
18
Acknowledged
Concerns about judicial independence and potential investigatory hierarchy within the Legacy Commission.
Conclusion
The Government’s plans for an enhanced inquisitorial mechanism through the Legacy Commission are seen by some as an improvement on the system introduced by the 2023 Act. We heard there are concerns, however, that they could lead to a hierarchy in terms of investigative processes and standards for different families depending on the circumstances of their case and whether Article 2 of the ECHR is engaged. Routing cases through a reformed commission may prove acceptable to critics of both the legacy inquest system and of earlier proposals to direct them to ICRIR. The proposals for independent judges presiding over public hearings, and provision for next of kin participation, including legal representation, are welcome. Proceedings must be demonstrably impartial. There are also 83 still concerns, however, about how practically independent judges can be who are appointed by the Secretary of State, rather than by the NI Judicial Appointments Commission. (Conclusion, Paragraph 123)
Government Response Summary
The government states that all Legacy Commission investigations will thoroughly examine cases and be capable of leading to prosecutions, ensuring all families have access to information and human rights obligations are met, thereby addressing concerns about a hierarchy of investigative processes without specifically detailing how judicial independence in appointments will be assured.
Government Response
Acknowledged
HM Government
Acknowledged
All investigations and inquisitorial proceedings undertaken by the Commission are required to examine all the circumstances of the death or serious harm to which the referral relates. Similarly, all investigations and inquisitorial proceedings undertaken by the Commission will conclude with a report provided to families, which in the majority of cases will be published. All cases will be capable of leading to a prosecution should sufficient evidence exist of criminal wrongdoing, in line with established UK investigative standards. This approach ensures that all families are given the greatest possible opportunity to access the information they seek, whilst ensuring the Government can fulfil its human rights obligations. Similarly, in the small number of cases that proceed as an inquest, the coronial system will provide a route for families to obtain information, and enable the State to discharge its human rights obligations.