MPs on the Northern Ireland Affairs Committee have branded the UK
Government’s proposals to tackle Troubles legacy cases as
‘unilateral and unhelpful’ and condemned the lack of consultation
with victims’ groups in an interim report published today.
The new proposals, outlined
by the Northern Ireland Secretary in a written statement on 18
March, were a departure from the 2014 Stormont House
Agreement that had set out a framework for a way forward to
address the past. This was followed by a thorough public
consultation in 2018. The Committee found the lack of detail
given on the proposals since March ‘deeply concerning’.
The Government must, as soon as possible, introduce
legislation that is consistent with the six principles of the
Stormont House Agreement.
Lack of consultation
In the report the Committee say that they were ‘dismayed by the
lack of consultation and engagement with representative groups’
on the new approach before and after its publication. It said
that historically peacebuilding in Northern Ireland had relied
upon consensus-building and agreement, calling the March
statement an ‘announcement of intent rather than part of a
meaningful consultation process’. The interim report concluded
that the Government must conduct meaningful and
transparent consultation with victims’ groups, Northern Ireland
political parties and, to the extent necessary, the Irish
Government before publishing legislation.
Case closures
The Committee also found Government plans to permanently close
cases of serious crimes relating to the Troubles that do not
reach the investigatory threshold ‘raises profound legal, ethical
and human rights issues’. The Government have stated that in
order for a full police investigation to take place for legacy
cases there must be ‘new compelling evidence’, without defining
what this means. It added that there was ‘considerable doubt’
this was the right approach. It called on the Government to
clarify its position on several points with regards to
decisions to conduct investigations and close cases.
The Chairman of the Northern Ireland Affairs
Committee said “How we tackle the legacy of the
Troubles is, understandably, an enormous challenge. Doing so
effectively requires engagement and consultation with all parties
to get them on board. It is imperative that any new system
commands cross-community and widespread support for it to have
legitimacy.
The Stormont House Agreement, not without its weaknesses, had
appeared to be the basis on which we could move forward, but the
Government’s new proposals are a unilateral departure from that.
The report found there was a lack of consultation, not even with
the very people it is supposed to serve; the victims. The move is
counterproductive and seems more like a decree than a natural
evolution of an agreed framework.
We are calling on Government to urgently introduce legislation
based on the core principles of the Stormont House Agreement and
return to a collaborative approach, engaging with victims’
groups, parties, and – where necessary – the Irish Government.
Without this, there is no buy-in, no legitimacy, no credibility
for a way forward on legacy which would only serve to delay the
wait for truth.
We’re also concerned by the implications of the potential
permanent closure of legacy cases and the proposed threshold for
cases put forward to full police investigation. Who will decide
which cases should be closed and how? Can these decisions be
appealed? What’s the definition of ‘new compelling evidence’ and
who will decide that?
We’d expected those questions and others to be answered in the
usual way in written and/or oral evidence, but the Government
failed to provide any such evidence. Consequently, this is
necessarily an interim report until we receive it. We urge the UK
Government to urgently provide this evidence and invite the Irish
Government to do the same to help clarify the situation for
victims.
Despite assurances that this policy area would be addressed in a
speedy manner, it’s seven months since the announcement of the
new proposals, and we know nothing more. This delay and
uncertainty will only perpetuate an unacceptable wait for victims
and the families affected that has already gone on far too long.”
Other recommendations included in the report:
-
The Government must set out the rationale for its
decision to abandon the model of a separate Historical
Investigations Unit and Independent Commission for Information
Retrieval as set out in the Stormont House draft Bill, and
explain the merits of a single organisation to perform both
tasks.
-
The Government must ensure any new legacy institution
has sufficient funding to carry out its work thoroughly and
effectively.
-
The Government must publish guidelines setting out the
steps the body and its staff will take to ensure that its
investigations are compliant with ECHR.
-
The Government must set out how its proposed
information recovery system will operate.
-
The Government must examine the lessons that can be
learned from Operation Kenova.
