Recommendation 22

HM Government Acknowledged

The ICIR is subject to a treaty between the UK and Irish governments, and legislative provisions in both jurisdictions, which set out its functions. The treaty will be amended to reflect the changes to the original ICIR proposal in the Stormont House Agreement, as set out by the Joint Framework. This includes, for example, a move from three commissioners to two, both jointly appointed by the UK and Irish governments. As part of the Joint Framework, the two governments agreed that a three year pilot phase was appropriate to properly test whether the ICIR is able to provide effective outcomes for families. This includes, for example, whether the ICIR is able to secure the participation of those who might hold the information that families seek. The pilot phase will consist of a one year preparatory period, and two years of operation. The Troubles Bill sets out the sequencing of work between the Commission and the ICIR, providing families with choice whilst ensuring that legal proceedings are not prejudiced, and UKG is able to discharge its ECHR obligations. Specifically, Clause 75 prohibits the ICIR from accepting a request to pursue information in relation to a case if an investigation is required by the Legacy Commission for the purposes of ECHR compatibility, or if the Legacy Commission is already undertaking a criminal investigation in that case. Clause 78 also requires the Legacy Commission to notify the ICIR if it subsequently begins a criminal investigation into that case. In those circumstances, the ICIR must then cease any work in that case. The Troubles Bill also sets out that a ICIR report must only contain information the credibility of which has been established to the satisfaction of the ICIR. The two year preparatory phase of the ICIR will allow its appointed Commissioners to establish much of the operational procedures that it will require to work effectively.