Publications

NIHRC Submission to the NI Affairs Committee’s Inquiry into the Government’s New Approach to Addressing the Legacy of the Past in NI

Date produced: February 2025

Below is a summary of the Northern Ireland Human Rights Commission's (NIHRC) recommendations and messages.
You can also download the full document through the links provided.

Summary of Recommendations

2.6 The NIHRC recommends that the Committee seeks assurances from the UK Government that it is adopting a human rights-based approach to its consultations on addressing the legacy of the past, which includes the requirement to ensure that participation is effective. This includes clarity on how this is being achieved, such as ensuring that consultees feel that they are being listened to, that their views are being meaningfully considered and that any decisions are communicated within reasonable timeframes, with the opportunity for further discussion where reasonable.

2.9 The NIHRC recommends that the Committee seeks clarity from the UK Government on how it will ensure consideration of Windsor Framework Article 2 and EU minimum standards relating to victims’ rights are built into the development and implementation of its legacy proposals to address the needs of victims, survivors and their families.

3.5 The NIHRC welcomes the removal of the conditional immunity scheme, but suggests that the Committee seeks clarity from the UK Government on how immunity in all instances will be prevented and effective and independent criminal investigations into Troubles-related offences ensured.

3.8 The NIHRC recommends that the Committee seeks confirmation from the UK Government on the steps that will be taken to ensure prompt and expeditious determinations of Troubles-related civil cases.

3.10 The NIHRC recommends that the Committee explores with the UK Government its reasons for failing to address within the Remedial Order the clear finding of the Court of Appeal in NI that the Independent Commission for Reconciliation and Information Recovery is incapable of delivering human rights compliant investigation into deaths in instances where it is acting in place of a coroner’s inquest.

3.13 The NIHRC recommends that the Committee seeks clarity from the UK Government on how it will embed consideration of Windsor Framework Article 2 and the EU Victims’ Directive in the development of is broader proposals to repeal and replace the NI Troubles (Legacy and Reconciliation) Act 2023.

4.6 The NIHRC recommends that the Committee explores with the UK Government its reasons for failing to address within the Remedial Order the clear finding of the Court of Appeal in NI that the Independent Commission for Reconciliation and Information Recovery is incapable of delivering human rights compliant investigation into deaths in instances where it is acting in place of a coroner’s inquest.

4.13 The NIHRC recommends that the Committee explores with the UK Government introducing a requirement that the Troubles-related investigations body publishes all of its reports, subject only to very limited and precise exception. This includes considering introducing a requirement that all exceptions must be lawful and proportionate and include safeguards that ensure these are not applied arbitrarily and that the commitments aimed at enabling effective public scrutiny are not illusory.

4.16 The NIHRC recommends that the Committee explores with the UK Government how to ensure that the definition of ‘close family member’ is not too narrow. For example, it should at least extend to grandparents, aunts, uncles, nieces, nephews, or grandchildren.

4.17 The NIHRC recommends that the Committee explores with the UK Government how to ensure that the definition of ‘other family member’ permits situations in which a non-familial person, with close personal links and who provides care for a victim, can seek remedy on the victim’s behalf.

4.22 The NIHRC recommends that the Committee seeks clarification from the UK Government on how it will ensure that the right of victims and their family members to receive information about their case will be expressly protected.

4.23 The NIHRC recommends that the Committee explores with the UK Government how it will explicitly guarantee the right of victims and their family members to be heard and to seek a review of a decision not to prosecute.

4.32 The NIHRC recommends that the Committee explores with the UK Government how to ensure that the extent of the Secretary of State’s influence and involvement across the Troubles-related investigatory body’s operations does not prevent it from being sufficiently independent and impartial, as required by the ECHR.

4.33 The NIHRC recommends that the Committee explores with the UK Government introducing a requirement, like that within Operational Kenova, that Commissioners or staff of the Troubles-related investigatory body are not permitted to be personnel who are serving in or have previously served in the Royal Ulster Constabulary, Police Service of NI, Ministry of Defence or Security Services.

5.4 The NIHRC recommends that the Committee explores with the UK Government how to ensure the Troubles-related investigatory body has the ability to initiate and pursue cases of its own motion.

5.9 The NIHRC recommends that the Committee explores with the UK Government how it will provide a comprehensive mechanism to objectively assess whether investigative obligations have been complied with regarding all Troubles-related offences. Such a mechanism should include a requirement to assess whether previous Troubles-related investigations were effective as required by the ECHR. Also, any cases deemed to be non-human rights compliant in whole or in part, that a process is in place whereby these are added to the caseload of the Troubles-related investigatory body.

5.12 The NIHRC recommends that the Committee explores with the UK Government how to ensure individual circumstances of each potential case and broader human rights commitments, including the investigative obligations attached to the right to life and freedom from torture, can be considered and are used to inform the determination of whether a case should be considered by a Troubles-related investigatory body.

5.18 The NIHRC recommends that the Committee explores with the UK Government how to ensure that biometric material linked to Troubles-related investigations are only retained where it is relevant to the work of the investigatory body.

5.27 The NIHRC recommends that the Committee seeks clarification from the UK Government on how it will ensure that victims and their family members will have access to appropriate supports and specialist services.

5.31 The NIHRC recommends that the Committee seeks clarification from the UK Government on how it will ensure that due consideration is afforded to the specific individual needs of victims and family members according to their particular circumstances both in the delivery of support services and the criminal proceedings by putting in place the appropriate safeguards.

5.34 The NIHRC recommends that the Committee seeks clarification from the UK Government on how it will ensure the oversight, monitoring, evaluation and reporting on the services to victims and their families.

5.37 The NIHRC recommends that the Committee seeks clarification from the UK Government how it will provide for the appropriate training of practitioners and officials likely to come into contact with victims, survivors and their families throughout their journey with an investigatory body.

Relevant Documents

The Commission has provided a range of advice on the NI Troubles (Legacy and Reconciliation) Act 2023 and broader UK Government proposals for dealing with Troubles-related offences. These include:

• Annual Statement 2024;
• Rule 9 Submission to the CoE Committee of Ministers;
• Submission to the UN ICCPR Committee’s Monitoring of the UK;
• Supplementary Briefing on NI Troubles (Legacy and Reconciliation) Bill;
• Briefing on NI Troubles (Legacy and Reconciliation) Bill; and
• Remedial Order Scrutiny by the Joint Committee on Human Rights.

Open the document here