Send us your views: Proposal for a Draft Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Remedial) Order 2024. On 4 December 2024, the Northern Ireland Office laid a proposal for a draft Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Remedial) Order 2024 (the ‘Proposed Remedial Order’). Read the terms of reference and an …
| Title | HC No. | Published | Items | Response |
|---|---|---|---|---|
| 1st Report - Proposal for a Draft Northern Ireland Troubles… | HC 569 | 28 Feb 2025 | 15 | — |
The Government should amend the Proposed Order so that, when laid in draft, it cites in the preamble which one of the conditions in section 10(1) (a) HRA is met in respect of the declaration of incompatibility made by the Court of Appeal in Northern Ireland. (Recommendation, Paragraph 78)
Particularly given the subjective nature of the test, it is likely that the reasons relied on by the Minister are sufficiently compelling for proceeding by way of remedial order for the purposes of s.10(2) HRA. However, our Committee will have to report at the second stage of the remedial order …
We recommend that the Government sets out its ‘compelling reasons’ for proceeding by way of remedial order in greater detail when it lays its further draft order. (Recommendation, Paragraph 87)
We are satisfied that the use of the non-urgent procedure rather than the urgent procedure is appropriate in this case. (Conclusion, Paragraph 89)
The Government should correct the minor drafting errors we have identified in the Proposed Order and listed in the Appendix to this report before laying a further draft order. (Recommendation, Paragraph 92) Remedying the incompatibility
We are unclear why the declaration of incompatibility in relation to section 45 is not addressed by the Proposed Order. (Conclusion, Paragraph 102)
The Government should clarify why it has chosen not to address the incompatibility of section 45 via the Proposed Order and whether the declaration of incompatibility in relation to that section is subject to appeal 43 to the Supreme Court. If it is not being appealed, it may be appropriate …
Alongside repeal of provisions like section 43 of the Legacy Act by the Proposed Order, the Government should set out its future plans for how legacy cases will be dealt with in a timely fashion going forward, as well as what resources it believes will need to be made available …
We note that the Government is not seeking to rectify all of the declarations of incompatibility issued by the Court of Appeal in Re Dillon, due in large part to its pending Supreme Court appeal. We are broadly satisfied that the Proposed Order would correct the incompatibilities which the Government …
However, we are unclear how the Government is intending to proceed on the declaration of incompatibility regarding section 45 of the Legacy Act. The Government should explain whether it deliberately excluded section 45 from the Proposed Order and, if so, why it made that choice. (Conclusion, Paragraph 120) Other matters …
Victims, their families, and all the communities affected by the Troubles deserve greater clarity about the timetable of the Government’s plans to finally address Legacy issues. We agree that the Government is right to consult with the affected parties. However, the Government’s undertaking to bring forward primary legislation “when parliamentary …
We recommend that the Government is clearer about its timetable for consultation and bringing forward primary legislation to resolve the remaining matters arising from the Re Dillon case and fulfilling its other pledges on Northern Ireland Legacy, including the restarting of Legacy inquests. As a minimum, we recommend that the …
It is of course open to either or both Houses of Parliament to refuse to approve the draft remedial order. However, we do not think there are any legal or constitutional reasons why the Government should not proceed by way of remedial order in this case. (Conclusion, Paragraph 130)
Over twenty years on from some of the judgments, it is deeply regrettable that the full implementation of the judgments in the McKerr group of cases has still not taken place. The repeal and replacement of the Legacy Act is an important step in the right direction for implementation. These …
The Government should use the opportunity provided by the forthcoming primary legislation to finally resolve all the outstanding issues in the McKerr group of cases. (Recommendation, Paragraph 139) 45
| Date | Direction | Title |
|---|---|---|
| 22 Jan 2026 | — | Correspondence from the Shadow Secretary of State for Northern Ireland and the … |
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| 6 Nov 2025 | — | Correspondence from Secretary of State Northern Ireland to the Joint Committee … |