Publications

Advice on the Legacy of the Troubles: A Joint Framework Between the Government of the UK of Great Britain and NI and the Government of Ireland

Summary recommendations/messages
The Commission welcomes the publication of the Joint Framework. It is clear that progress has been made. The unequivocal commitment to human rights compliance is significant and particularly welcomed. The Commission also recognises the effort and good faith that is behind this Joint Framework.

The Commissions advice and recommendations cover: the immunity scheme; civil actions; effective investigation; next of kin and disclosure; independence and impartiality; winding up of the legacy commission; a victim-centred approach; inquests; information retrieval body; cross-border cooperation; and proposals for veterans.

The Northern Ireland Human Rights Commission:

2.6  The NIHRC recommends that the proposed disclosure regime is critically assessed when current appeals are concluded and when the provisions are finalised.

3.5 The NIHRC recommends that the Joint Committee explore how the exercise of powers relating to the imposition of restrictions on public access to inquisitorial proceedings will be exercised and reassure itself that there is provision for them to be monitored and reported upon publicly.

4.7 The NIHRC advises that the definition of ‘close family member’ within the Bill is too narrow. It should extend to grandparents, grandchildren, aunts, uncles, nieces or nephews.

4.8 The NIHRC recommends that the Joint Committee satisfies itself that the Bill complies with minimum standards in the EU Victims’ Directive for victims and their family members including access to appropriate support and specialist services (Articles 8 and 9); the right to be heard (Article 10); and the relevant rights to information (Articles 1, 4, 6 and 11).

6.3 The NIHRC recommends that the definition of serious physical or mental harm provided at Clause 27(3) of the Bill is reviewed to ensure full compliance with Articles 2 and 3 of the ECHR.

7.3 The NIHRC recommends that the Joint Committee consider whether such a departure is justified, particularly since the NIJAC is an independent public body, and in such a case, whether the NIJAC should be one of the ‘relevant persons’ the Secretary of State must consult with before making a judicial panel member appointment.

9.6 The NIHRC recommends that the Joint Committee explore with the NI Office how the proposed Regulations can be drafted so as to mitigate the risk of Clause 22 being found to be incompatible with Article 8 of the ECHR.

9.7 The NIHRC recommends that the Joint Committee explore with the NI Office the criteria determining the periods for retention of preserved material to be specified in Regulations and satisfies itself that the Regulations will comply with the related requirements in the EU Law Enforcement Directive, particularly in the complex operational context provided for in the Bill.

10.4 The NIHRC recommends that the Explanatory Notes to the Bill are revised to address Windsor Framework Article 2, in line with Cabinet Office guidance.

10.5 The NIHRC recommends that the ECHR Memorandum to the Bill should be expanded to include detailed consideration of compliance of the Bill with Windsor Framework Article 2.

Open full report here