- The legacy of the Troubles continues to be deeply felt by
victims, those who served in Northern Ireland and wider society.
This Bill is needed because the previous Northern Ireland
Troubles (Legacy and Reconciliation) Act 2023 (the ‘Legacy Act')
was flawed and left our veterans without any lawful protection
and exposed to a legal Wild West.
- The Government will address the unfinished business from the
Good Friday Agreement. Too many families – including hundreds of
Armed Forces families –are still looking for answers about what
happened to their loved ones during the Troubles.
- The Bill will provide effective protections for veterans and
enable bereaved families, including of service personnel, to get
answers about what happened to their loved ones. This will be
supported by the fullest possible disclosure by the Irish
authorities for investigations conducted by the Commission. It
will ensure that nobody receives immunity for terrorist crimes;
and puts in place the strongest safeguards for veterans and all
who served to bring about peace.
What does the Bill
do?
- The Northern Ireland Troubles Bill will enable victims and
bereaved families across the UK to seek information and
accountability through a reformed Legacy Commission. As we
approach three decades since the Good Friday Agreement,
this Bill delivers on one
of its final aims.
- The previous government's Legacy Act was widely opposed
across communities in Northern Ireland and was rejected by
domestic courts. Its ‘immunity scheme' was ruled against and
was never commenced, causing legal uncertainty and therefore
not providing protection for veterans. It sought to offer
immunity to terrorists as well as veterans, and so was seen by
many as an affront to the rule of law that our security forces
sought to protect. All of this undermined trust and confidence
in the Independent Commission for Reconciliation and
Information Recovery (ICRIR).
-
Establish a reformed Legacy Commission (reconstituted
from the ICRIR) that all victims and families can
have confidence in. It will have powers to investigate and
fact-find for families affected by the Troubles,
right across the UK. This means that many more families,
including bereaved families of service personnel, will have the
opportunity to obtain information they have long sought. The
Commission will have new governance arrangements, a statutory
victims and survivors advisory group and
new conflict of
interest duties.
-
Create new lawful protections for our
veterans. These will apply to security forces
personnel who served in Northern Ireland during the Troubles
and who are asked to give information, ensuring they are
treated with dignity and respect. For instance, there will be
an end to cold-calling, and veterans being asked to travel to
Northern Ireland to give evidence, and there will be no
needless duplication of previous investigations.
-
Deliver a
fair disclosure
regime, ensuring that the Commission has all
it needs to find answers for families and to make public the
maximum possible information without risking life or national
security. Parallel Irish legislation will also provide for
the fullest possible information sharing by the Irish
authorities with the Legacy
Commission.
-
Restore a limited number of inquests which
had started but were stopped by the Legacy Act and put in
place practical and deliverable safeguards for those who are
required to engage. Inquests that had not started will be
referred to the Solicitor General to independently consider
whether, in each case, they are most appropriately dealt with
by the Legacy Commission or in
the coronial system.
-
Create a new process within the Commission to handle
cases that transfer from
the coronial
system. Consistent with the approach in the
Inquiries Act, but benefitting from economies of scale and
specific legacy expertise, the Commission will have provision
for public hearings, the ability to consider sensitive
information in closed hearings and will provide effective
next of kin participation, including through legal
representation.
-
Establish an Independent Commission on Information
Retrieval (ICIR), jointly with the Irish Government,
and consistent with the Stormont House Agreement. This will,
initially on a pilot basis, provide families with an
additional means to retrieve information. Any information
disclosed by individuals to the ICIR will be inadmissible in
criminal and civil proceedings.
-
Leave in place Part 4 of the Legacy Act
which will ensure that the provisions regarding
oral history, academic research
and the
memorialisation of the Troubles remain intact.
-
The Bill delivers on the Joint Framework agreed with
the Irish Government in September 2025. As part of
this, the Irish Government committed to: establishing a
dedicated unit within An Garda Síochána (AGS) for
Troubles-related cases as a central point of contact for
families; AGS investigating all unresolved Troubles-related
incidents within its jurisdiction; ensuring that any
potential investigative opportunities are proactively
pursued; and facilitating the fullest possible information
sharing between the Irish authorities and the Legacy
Commission.
-
The dedicated unit within AGS has now been
established, and the Irish Government will shortly
publish its legislative proposal on cross-border cooperation
between the Irish authorities and the reformed Legacy
Commission, as well as the establishment of the Independent
Commission for Information Retrieval.
Territorial extent and
application
- The majority of the Bill will extend and apply to the whole
of the UK, with some small elements, such as Inquests,
extending and applying to Northern Ireland only.
Key facts
- All 966 ongoing civil claims are against the state, not
individuals. This includes 123 cases halted by the Legacy Act,
which the courts found to be incompatible with our legal
obligations. Even cases made against alleged agents are made
against the state, not individuals. The Government estimates
that for cases since 2020 in which the Ministry of Defence is
the defendant, only five veterans have attended court. It is
highly unusual for claims to be issued against personally named
defendants – in rare instances where this happened, the
Ministry of Defence has succeeded in having the individual
defendant struck out.
- Over 3,500 people were killed during the Troubles, although
the exact number of Troubles related deaths is disputed and
differs between sources. Paramilitaries are responsible for
over 3,000 of these deaths, including over 1,700 attributed to
the IRA.
- Of the more than 3,500 deaths, over 1,000 were UK security
forces personnel, with many more seriously injured. A third of
the killings, among them some of the most heinous terrorist
attacks in our history, remain unsolved.
During the Troubles, an estimated 25,000 - 35,000 republicans and
loyalists were imprisoned for a range of offences, including
murder. During the same period, four members of the British Army
were convicted of murder and one of
thoseconvictionswasoverturnedonappeal.
-
The Law
Society for
Northern Ireland
“welcomes the revised
framework and that the Bill will amend the
Northern Ireland Troubles (Legacy and Reconciliation) Act
2023. The Society considers that the new framework and draft
Bill represent an important opportunity for the UK and
Ireland to deliver a bilateral, victims-centred and human
rights compliant approach to addressing the legacy of the
past in Northern Ireland, with the aim of delivering truth
and justice to
victims and
survivors of
the
Troubles.”
-
The Royal British Legion ‘are pleased
the Government will be introducing safeguards to protect
veterans from repeated investigations, and measures to
consider the health and wellbeing of those involved in
investigations, while ensuring bereaved Armed Forces families
can continue to pursue answers to their longstanding
questions'.