Select committee: Northern Ireland Affairs Committee

Recommendation 21

2nd Report – The Government's new approach to addressing the legacy of the past in Northern Ireland Published 1 Dec 2025 Addressed to Northern Ireland Executive; Northern Ireland Office

Northern Ireland Affairs Committee The Government's new approach to addressing the legacy of the past in Northern Ireland All items in this report Report on parliament.uk ↗ Inquiry on parliament.uk ↗

Recommendation (the committee's words)

We recognise the fundamental importance of balancing information disclosure with national security issues. Someone has to strike that balance. The Government did not undertake that role under the previous “Package of Measures” for investigating Troubles-related cases, nor does it under Operation Kenova. It will do, however, under the Troubles Bill. This is of course not an issue for the terrorist organisations that caused so much harm and suffering during the Troubles. It was not their modus operandi to keep records. Despite some loosening of disclosure restrictions, however, trust and confidence in the process among some groups still needs to be attained. There may be merit, for example, in amending the right of appeal against Legacy Commission and ministerial decisions on information disclosure to allow for a merits-based rehearing. On a matter of principle, and in terms of resourcing, the obligation on organisations such as the PSNI to assess and classify information as ‘sensitive or prejudicial’ before transfer to the Commission is potentially unnecessary and will impose a 84 substantial and unfunded administrative burden to deal with the past, for organisations already under pressure to deliver services in the present. (Conclusion, Paragraph 160) Information retrieval

From: Northern Ireland Affairs Committee, 2nd Report – The Government's new approach to addressing the legacy of the past in Northern Ireland (HC 586), 1 December 2025

Government response

The government responded to the whole report on 12 February 2026 (deadline 1 February 2026).

Summary written by Accountability Index from the government's response. It is not the government's own words.

The government responds to the Committee's recommendations on the Northern Ireland Troubles Bill by stating that the Bill will deliver "the necessary reform of the Commission", while saying it will keep engaging and consider improvements as the Bill progresses.

On a statutory ECHR-compliance requirement, the government says that putting such a requirement in primary legislation for a specific function is "unnecessary", because the Commission will be subject to section 6 of the Human Rights Act.
On information disclosure, the government says it "does not intend to introduce a merits-based appeal" against ministerial decisions, citing the primacy of the Executive in decisions on the security of the State.
On the definition of "close family member", the government says it believes the current approach is "balanced", while recognising "different views" and saying it "will continue to engage and carefully consider these".
On veterans, the government will "not, therefore, accept any proposals" to reintroduce the Legacy Act's immunity provisions, but is giving "careful consideration" to additional measures that must be practically deliverable and human rights compliant.

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