Publications

Addendum to NIHRC Advice to the Northern Ireland Affairs Committee on ‘The Legacy of the Troubles: A Joint Framework Between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland’, October 2025

Date Produced October 2025

Summary recommendations/messages:

The Commission recommends that the Explanatory Notes to the Bill be revised to address Article 2 of the Windsor Framework, in line with Cabinet Office guidance.

The Commission recommends that the ECHR memorandum to the Bill is published and that it should be expanded to include detailed consideration of compliance of the Bill with Article 2 of the Windsor Framework.

Clause 17: Disclosure of information

The Committee may wish to explore how a victim or their family may challenge a decision by the Legacy Commission to identify information as sensitive information.

Clause 21: Regulations about the holding and handling of information

The Commission recommends that clause 21 be amended to provide that the Regulations about the holding and handling of information by the Legacy Commission are subject to the affirmative procedure.

The Commission recommends that Regulations made under Clause 21 be scrutinised to ensure victims and family members are provided with all information required under the EU Victims Directive, particularly under Articles 1, 4 and 6.

Clause 24: Independent Reports on the Legacy Commission’s performance of its functions

The Committee may wish to explore the inclusion of an express reference to human rights within clause 24.

Clause 25: Conclusion of the Legacy Commission’s work

The Commission recommends that the Committee explore with the Northern Ireland Office whether an indicative list of mandatory consultees which the Secretary of State NI must consult before making regulations to wind up the Legacy Commission could be published.

Clause 26: Approach to assessing caseload

The Commission recommends that once established the Committee explore with the Legacy Commission how investigations and requests will be prioritised.

The Commission recommends that the statement to be made by the Legacy Commission under Clause 26 should be reviewed for compliance with minimum standards in the EU Victims Directive in relation to information and support to be provided to victims and family members.

Clause 27: Request for an investigation by a close family member & Clause 93: Meaning of “close family member”

The Committee may wish to consider whether clause 27 and the definition of family is sufficiently broad to accommodate all circumstances in which a relative of a victim is seeking to ensure an effective investigation into the death of their family member.

Clause 33 – Notifying family members and others about new investigations.

The Commission recommends that the Committee establishes the nature of information that will be provided to victims and family members and satisfies itself that it will comply with relevant rights to information, including rights under Articles 1, 4, 6 and 11 of the EU Victims’ Directive.

Clause 36 Conduct of Investigations

The Committee may wish to consider the practical impact of the requirement to avoid duplication on the conduct of investigations, in particular those investigations into complex or controversial conduct.

Clause 43 – Referral to prosecutors

The Commission recommends that the Committee enquire about criteria for referral to DPP.

The Commission recommends that the Committee seeks confirmation that information will be provided to victims and family members on whether their case is being referred to DPP or not, including reasons for that decision.

Clause 53 – Core participants

The Commission recommends that the Committee seeks confirmation that eligible victims and family members will be notified of the need to make an application if they wish to be designated as a ‘core participant’ in proceedings.

Clause 69 - Duty to have regard to welfare of witnesses

The Commission recommends that the Committee seeks to satisfy itself that victims and their family members will have access to appropriate support and specialist services in line with the minimum standards in the EU Victims’ Directive.

Clause 74: Requests by families for information

The Commission recommends that the Committee consider whether the proposed timeframe allows sufficient time to ensure that all affected individuals will be able to make a formal request to the ICIR.

Clause 93 – Definition of close family member

The Commission recommends that the definition of close family member be amended to include relatives in a direct line, or at least grand-parents and grand-children.