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On 4 December 2024, the Secretary of State for NI announced several steps that the UK Government was proposing to take to address the criticism of the NI Troubles (Legacy and Reconciliation) Act 2023. This included introducing a Remedial Order to Parliament that aims to repeal the conditional immunity provisions and reinstate Troubles-related civil actions.

As part of Parliamentary scrutiny of the Remedial Order, the House of Commons and House of Lords Joint Committee on Human Rights sought evidence to inform its consideration of the proposed Remedial Order. This is the Commission’s evidence submitted to the Joint Committee.

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Remedial Order Scrutiny: NIHRC Submission to the House of Commons and House of Lords Joint Committee on Human Rights: Remedial Order to the NI Troubles (Legacy and Reconciliation) Act 2023

Last Updated: Monday, 10 February 2025

Date produced: January 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 welcomes the removal of the conditional immunity scheme, but suggests that the Joint 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.

2.8 The NIHRC recommends that the Joint 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.

2.10 The NIHRC recommends that the Joint Committee explores with the UK Government its reasons for failing to address within the Remedial Order the clear finding of the Court of Appeal 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.

3.4 The NIHRC advises that the UK Government repeals the NI Troubles (Legacy and Reconciliation) Act 2023 and introduces legislation that is compliant with the ECHR. Not least the new legislation should be victim-centred, not restrict the investigation and prosecution of alleged unlawful killings and serious injuries, and be compatible with Articles 2 (right to life) and 3 (freedom from torture) of the ECHR. The NIHRC recommends that the Joint Committee seeks clarity from the UK Government on how its broader proposals will ensure such an approach.

4.4 The NIHRC continues to advise the UK Government to repeal the NI Troubles (Legacy and Reconciliation) Act 2023 and introduce legislation that is victim-centred and is compliant with Windsor Framework Article 2, including the EU Victims’ Directive.

4.5 The NIHRC recommends that the Joint 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.

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