The UK Government will introduce legislation today (Tuesday 17
May) that seeks to address the legacy of the Troubles in Northern
Ireland.
The Northern Ireland Troubles (Legacy and Reconciliation) Bill
will put in place an effective investigations and information
recovery process, underpinned by robust and independent
investigations, to provide answers for families, deliver on
commitments to those who served in Northern Ireland, and help
society to look forward.
Secretary of State for Northern Ireland, Rt Hon MP said:
“The years of the Troubles were an awful period in our history
with tragic loss of life across communities. After the signing of
the Belfast (Good Friday) Agreement, challenging compromises were
rightly made in support of the peace process – addressing the
legacy of the Troubles comprehensively and fairly is another such
step forward.
“The current system is failing; it is delivering neither truth
nor justice for the vast majority of families. It is letting down
victims and veterans alike.
“Every family who lost a loved one, no matter who they were, will
be provided with more information than ever before about the
circumstances of their death.
“A robust and independent investigations process will be at the
heart of this approach, supported by an ambitious and
comprehensive oral history programme that will allow people to
tell their stories and share their experiences.
“And there will not be any automatic access to immunity; it is
right that those involved in an investigation cannot obtain
‘something for nothing.’ Immunity will be provided to individuals
who cooperate, which provides the best route to give victims and
their families answers they have sought for years as well as
giving our veterans the certainty they deserve.”
Following an extensive period of engagement, the Government has
amended previous proposals set out in a Command Paper last year
to ensure they better meet the needs of those most impacted by
the Troubles.
The legislation will ensure that legacy issues are addressed
comprehensively and fairly, and in a way that supports
information recovery and reconciliation, complies fully with
international human rights obligations and responds to the needs
of victims and survivors, and society as a whole.
The Secretary of State for Northern Ireland has also announced
the UK Government’s intention to commission an Official History
relating to the Troubles. Conducted by independent historians,
and underpinned by unprecedented access to the UK documentary
record, this will provide an authoritative and in-depth
examination of the UK Government’s policy towards Northern
Ireland during the conflict.
The Northern Ireland Troubles (Legacy and Reconciliation) Bill
will include the following provisions:
-
For victims and survivors, a new independent body - the
Independent Commission for Reconciliation and Information
Recovery (ICRIR) - will conduct investigations, consistent
with our international obligations, to provide answers for
those who want them, in a process supported by full state
disclosure and with the power to compel witnesses.
-
The ICRIR will grant immunity from prosecution, based on an
individual’s cooperation with the body’s inquiries. Those who
do not cooperate with the independent body will not be
granted immunity, and will remain liable to prosecution
should sufficient evidence exist, or come to light.
-
Alongside producing reports on cases it has investigated, the
body will also produce a historical record of what is known
in relation to all other deaths that occurred during the
Troubles.
-
A package of memorialisation measures centred on an
ambitious, expert-led oral history initiative that will
encourage people from all backgrounds to share their
experiences and perspectives of the Troubles, and to listen
to those of others.
Notes to editors:
As a result of the engagement process conducted following the
publication of the Government’s Command Paper last year, the
legislation also contains the following provisions that further
strengthen the legacy package:
-
The establishment, management and operations of the ICRIR
will be the responsibility of a Panel of Commissioners. This
will include a Chief Commissioner of high judicial standing,
and a Commissioner for Investigations, who will have the
necessary skills and experience to run the Commission’s
investigative functions. All three will be appointed by
the Secretary of State for Northern Ireland.
- Inquests that have reached the stage of substantive hearing
by the date 12 months after the date of introduction or the date
by which the ICRIR is operational (whichever comes first) will be
allowed to continue.
- Civil claims that already existed on or before the day of the
Bill’s introduction will be allowed to continue, but new cases
will be barred from this date.
The Government is also taking forward a range of non-legislative
measures that will help us to develop a clearer understanding of
what happened during the Troubles, and will be supported by a
major digitisation project, making official archives more
accessible to the public.