The UK Government has today formally tabled significant
amendments to legislation seeking to address the legacy of the
Troubles in Northern Ireland.
The move comes ahead of the Report Stage of the Northern Ireland
Troubles (Legacy and Reconciliation) Bill, scheduled to proceed
in the House of Lords later this month.
The legislation aims to deliver better outcomes for all those
most affected by the Troubles, while helping society to look
forward.
The latest amendments seek to address a number of key concerns
raised since the Bill’s introduction, including by victims and
survivors.
They include:
- Allowing ongoing criminal investigations, inquests, the
consideration of prosecution decisions, and the publication of
reports, to continue until May 2024, ensuring a smooth transition
between the ending of the current mechanisms and the Independent
Commission for Reconciliation and Information Recovery (ICRIR)
taking on full responsibility for dealing with legacy cases.
- Placing the ICRIR under a new duty to offer victims and their
families the opportunity to submit personal impact statements.
These statements must be published if the person making the
statement so wishes, subject to limited exceptions.
- Placing the ICRIR under a new duty requiring it to take
reasonable steps to secure information relevant to the assessment
of the truth of a person’s account as part of their application
for immunity.
- The revocation of immunity if an individual is subsequently
convicted of terrorism offences or offences connected to
terrorism committed after immunity was granted .
- Expressly confirming that the Commissioner for
Investigations, when exercising operational control over the
conduct of reviews, must comply with obligations imposed by the
Human Rights Act 1998.
- Placing a new duty on the ICRIR to publish a statement
explaining how each review was conducted as part of its final
report, thus enhancing the transparency of its work.
- Placing a duty on the ICRIR to produce guidance which is
related to determining a request for immunity. This will replace
a power which currently sits with the Secretary of State for
Northern Ireland.
Secretary of State for Northern Ireland, , said:
“The Government has consistently stated that it would continue
constructive dialogue in order to alleviate concerns and
strengthen the Bill. That is why we have published a number of
significant amendments that directly address a number of key
concerns raised by interested parties.
“This includes amendments on the conduct of reviews, compliance
with Convention Rights, the independence of the Commission,
conditional immunity, and ongoing legal processes.
“We remain absolutely committed to making legislative progress so
that the Independent Commission for Reconciliation and
Information Recovery (ICRIR) can be established, and begin
delivering better outcomes for those most affected by the
Troubles, as swiftly as possible.”
Note to Editors:
More details on the amendments to the Northern Ireland Troubles
(Legacy and Reconciliation) Bill can be found here.
A Bill to address the legacy of the past in Northern Ireland was
introduced on 16th May 2022.
The Bill passed in the House of Commons on 4th July 2022 and
completed the Committee Stage in the House of Lords last month.
Key features of the Bill:
- A new independent body - the Independent Commission for
Reconciliation and Information Recovery (ICRIR) - that will
focus on the recovery and provision of information about
Troubles-related deaths and most serious injuries.
- For those families that want to get answers about what
happened to their loved ones, the body would have all necessary
policing powers to carry out reviews, which may include a
criminal investigation. Once it has concluded its review into a
case, it will publish a report setting out the details of its
investigation, and its view about what happened.
- A process of Conditional Immunity, to apply to any serious or
connected offences involving deaths or serious injuries during
the Troubles.
- A Judge-led panel within the ICRIR will grant immunity to
individuals who provide a truthful account of their involvement
in Troubles related deaths and serious injuries.
- A package of memorialisation measures centred on a major oral
history initiative. The overall aim would be to help build an
understanding of history that reflects the complexity of the
events of the past, as well as the broader landscape and context
in which they took place.
