Recommendation 18

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)