1st Report - Proposal for a Draft Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Remedial) Order 2024

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 … Read more 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) Show less

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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)

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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

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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. … Read more 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 for the forthcoming draft remedial order to be amended to repeal the relevant aspects of section 45, in accordance with the Government’s approach to section 41. (Recommendation, Paragraph 103) Show less

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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 … Read more 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 to ensure that this is possible. (Recommendation, Paragraph 108) Show less

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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, … Read more 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 arising Show less

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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 … Read more 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 Government firmly commits to bringing forward the primary legislation within this Parliament. (Recommendation, Paragraph 126) 44 Show less

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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 … Read more 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) Show less

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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

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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 …

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We are satisfied that the use of the non-urgent procedure rather than the urgent procedure is appropriate in this case. (Conclusion, Paragraph 89)

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We are unclear why the declaration of incompatibility in relation to section 45 is not addressed by the Proposed Order. (Conclusion, Paragraph 102)

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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 …

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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 …

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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 …

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