Source · Select Committees · Northern Ireland Affairs Committee
Recommendation 19
19
Acknowledged
Solicitor General's proposed role in triaging cases undermines trust in the Inquisitorial Mechanism.
Conclusion
Stakeholders have different interpretations of the potential powers and effectiveness of the Enhanced Inquisitorial Mechanism; some are enthusiastic, others concerned about its powers compared with the inquest system. The Government also has a balancing act to perform, between ensuring that cases are assessed in a timely manner and directing them to the most appropriate investigatory body. The most appropriate may not be the one that can deal with them fastest. Despite the expectation that law officers will exercise a degree of independence from the Government, the proposed role of the Solicitor General in triaging cases has also undermined trust in the process among some stakeholders. (Conclusion, Paragraph 131)
Government Response Summary
The government explains that all Commission investigations will examine circumstances, provide reports to families, and be capable of leading to prosecution, thereby fulfilling human rights obligations and providing information.
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.