Recommendation 19

We agree with the former Director of Public Prosecutions in Northern Ireland that the Government’s proposed prohibitions and restrictions on legal proceedings undermine the rule of law and we urge the Government to reconsider. The restrictions and prohibitions placed on criminal investigations, criminal prosecutions, civil claims, inquests and police complaints shifts the responsibility of undertaking effective investigations entirely to the ICRIR. In addition to the issues raised with respect to Articles 2 and 3, the cessation of legal proceedings also raises questions of compatibility with Articles 6 and 13 ECHR. The right of access to courts and tribunals is inherent to Article 6(1) ECHR which provides that any claim relating to a person’s civil rights and obligations be brought before a court or tribunal. This right of access to the courts is qualified and may therefore be subject to limitations. However, limitations “must not restrict or reduce the access left to the individual in such a way or to such an extent that very essence of the right is impaired.”