Addressing the Legacy of Northern Ireland’s past: The UK Government's New Proposals

Northern Ireland Affairs Committee Closed Inquiry
Opened: 29 Apr 2020 Closed: 12 Oct 2023 Parliament page
The Committee has launched an inquiry to examine the UK Government’s proposals to address the legacy of the Troubles in Northern Ireland. On 18 March, the Secretary of State for Northern Ireland, Rt Hon Brandon Lewis MP, outlined the Government’s new approach to addressing the legacy of the past in … Read more
13 Recommendations
3 Conclusions
1 Report
2 Oral sessions
9 Letters
10 Events
Activity timeline 13 events
4 Jul
2022
Correspondence
29 Jun
2022
Correspondence
22 Jun
2022
Oral evidence
22 Jun
2022
Correspondence
21 Jun
2022
Oral evidence
21 Apr
2022
Correspondence
1 Dec
2021
Correspondence
18 Jan
2021
Report published
13 Jan
2021
Correspondence
2 Dec
2020
Correspondence
2 Dec
2020
Correspondence
26 Oct
2020
Report published
Oral evidence sessions 2 sessions
22 Jun 2022
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Barra McGrory, former Northern Ireland Director of Public Prosecutions Sir Declan Morgan, former Northern Ireland Lord Chief Justice
21 Jun 2022
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Title HC No. Published Items Response
Third Report: Addressing the Legacy of Northern Ireland’s Past: … HC 329 26 Oct 2020 16 Responded
Recommendations & Conclusions
16 results
1 Recommendation Acknowledged
Third Report: Addressing the Legac…
We are disappointed that the UK Government has decided not to submit, to date, written...
We are disappointed that the UK Government has decided not to submit, to date, written evidence to our inquiry, but we look forward to receiving it, just as we would look forward to formal submissions from the Irish Government. In … Read more
Government Response
The government thanked the committee for its work and stated it would continue to take its contributions into account as legacy reform remains an ongoing matter of sensitive policy development, but did not address the specific outstanding questions requested.
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2 Conclusion Acknowledged
Third Report: Addressing the Legac…
Too many key questions remain regarding how the proposed new institution would operate and function.
Too many key questions remain regarding how the proposed new institution would operate and function. It is deeply worrying that since 18 March, when the Government announced its new legacy proposals, it has been unable to provide any further policy … Read more
Government Response
The government thanked the committee for its report and stated that legacy reform remains an ongoing matter of sensitive policy development and engagement, without addressing the specific concerns about the lack of policy detail or delay.
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3 Recommendation Acknowledged
Third Report: Addressing the Legac…
The Committee welcome the Government’s desire to legislate to address the legacy of the past...
The Committee welcome the Government’s desire to legislate to address the legacy of the past in Northern Ireland. Our predecessor Committee’s inquiry in the previous Parliament identified flaws in the draft Bill which would have prevented its receiving broad support … Read more
Government Response
The government thanked the committee and stated it would continue to take contributions into account as it moves forward with legacy commitments, noting that reform is an ongoing matter of policy development, without committing to introducing legislation consistent with the Stormont House Agreement.
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4 Recommendation Acknowledged
Third Report: Addressing the Legac…
The Irish Government will have a role to play in parts of a new legacy...
The Irish Government will have a role to play in parts of a new legacy process. It will need to maintain a collaborative approach to help resolve legacy cases, which we 26 Addressing the Legacy of Northern Ireland’s Past: the … Read more
Government Response
The government reaffirmed its strong commitment to working in partnership with the Irish Government on legacy issues, aligning with the recommendation for meaningful engagement.
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5 Recommendation Accepted
Third Report: Addressing the Legac…
The Government is right to recognise the unique circumstances in Northern Ireland by decoupling Northern...
The Government is right to recognise the unique circumstances in Northern Ireland by decoupling Northern Ireland legacy issues from the Overseas Operations (Service Personnel and Veterans) Bill. Any attempts to conflate the two must be resisted. (Paragraph 20) Consultation and … Read more
Government Response
The government welcomed the committee's recognition of decoupling NI legacy issues from the Overseas Operations Bill and reaffirmed its commitment to address NI veteran needs as part of a wider legacy package, aligning with the recommendation to resist conflation.
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6 Recommendation Accepted
Third Report: Addressing the Legac…
We are dismayed by the lack of consultation and engagement with representative groups by the...
We are dismayed by the lack of consultation and engagement with representative groups by the NIO on its new proposals both before and after the publication of the WMS in March 2020. The WMS was a unilateral and emphatic announcement … Read more
Government Response
The government explicitly agreed with the committee's recommendation to conduct a transparent and meaningful consultation with victims' groups, political parties, and the Irish Government before publishing legacy legislation.
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7 Recommendation Not Addressed
Third Report: Addressing the Legac…
The Government must: a) set out the rationale for its decision to abandon the model...
The Government must: a) set out the rationale for its decision to abandon the model of a separate Historical Investigations Unit and Independent Commission for Information Retrieval proposed in the Stormont House draft Bill; and b) explain the potential merits … Read more
Government Response
The government stated its belief in focusing on information recovery and carefully considering all options for a fit-for-purpose process, but did not set out the rationale for abandoning the previous model or explain the merits of a single organization, as recommended.
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8 Recommendation Not Addressed
Third Report: Addressing the Legac…
The aspiration for the new body “to move at a faster pace” set out in...
The aspiration for the new body “to move at a faster pace” set out in the WMS will be achieved only if it is matched by appropriate funding. The Government must ensure that any new legacy institution has sufficient funding … Read more
Government Response
The government provided a general statement about taking contributions into account and moving forward with legacy commitments, but did not address the specific recommendation about ensuring sufficient funding for any new legacy institution.
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9 Recommendation Acknowledged
Third Report: Addressing the Legac…
The permanent closure of a case in which a serious crime has been committed raises...
The permanent closure of a case in which a serious crime has been committed raises profound legal, ethical and human rights issues. There is considerable doubt whether such closures are the right approach. Before the Government introduces legislation, it must … Read more
Government Response
The government acknowledged the committee's contributions, stating that legacy reform is an ongoing matter of sensitive policy development and engagement, but did not provide the specific policy clarifications requested.
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10 Recommendation Deferred
Third Report: Addressing the Legac…
There may be merit in using normal and prevailing tests for prosecution.
There may be merit in using normal and prevailing tests for prosecution. However, the WMS indicates a potential alternative approach. Were the Government’s plans to be adopted, we stress the importance of the need to build confidence in that approach … Read more
Government Response
The government stated its focus is on information recovery and that it is carefully considering all options and concerns to ensure the process is fit for purpose, but did not directly address the specific points regarding prosecution tests or legal challenges.
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11 Recommendation Acknowledged
Third Report: Addressing the Legac…
We expect the Government to abide by its obligations under the ECHR to ensure that...
We expect the Government to abide by its obligations under the ECHR to ensure that investigations conducted by the new legacy body are Article 2 compliant. Victims and families will be failed by a process that results in legal challenge … Read more
Government Response
The government broadly acknowledged the committee's contributions and reaffirmed its commitment to dealing with the legacy of the Troubles, but did not specifically commit to ensuring ECHR Article 2 compliance for investigations or publishing related guidelines.
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12 Conclusion Acknowledged
Third Report: Addressing the Legac…
The Government is right to recognise the importance of providing families that seek it with...
The Government is right to recognise the importance of providing families that seek it with as much information as possible about the death of a loved one. Many families seek not redress, but merely to be treated with respect and … Read more
Government Response
The government welcomed the committee's conclusion that providing families with information is important and confirmed that information recovery is central to any new legacy system.
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13 Recommendation Deferred
Third Report: Addressing the Legac…
The Government must, with some urgency, set out how its proposed information recovery mechanism will...
The Government must, with some urgency, set out how its proposed information recovery mechanism will operate, including the means by which it will obtain information. The needs of victims and survivors, for truth, accountability and for reconciliation will be deeply … Read more
Government Response
The government welcomed the importance of information recovery and confirmed it is central to their plans, stating they are carefully considering all options and working through concerns to ensure a fit-for-purpose process, but did not yet set out how the mechanism will operate.
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14 Recommendation Acknowledged
Third Report: Addressing the Legac…
Any new legacy process must command the trust and confidence of those engaging with it.
Any new legacy process must command the trust and confidence of those engaging with it. Although no scheme will ever command universal support, the Government must have at the heart of its thinking the objective of maximising trust across the … Read more
Government Response
The government welcomed the committee's observations and reaffirmed its commitment to information recovery, stating it would carefully consider all options to ensure a fit-for-purpose process that maximizes information for victims and families.
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15 Recommendation Not Addressed
Third Report: Addressing the Legac…
The Government must examine: a) how Operation Kenova has engaged with victims’ groups and families;...
The Government must examine: a) how Operation Kenova has engaged with victims’ groups and families; b) whether Operation Kenova could be scaled up to deliver across the piece; and c) whether aspects of Operation Kenova’s approach could usefully be replicated … Read more
Government Response
The government merely noted the committee's suggestion that it could learn lessons from Operation Kenova, without committing to examining the specific aspects requested.
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16 Conclusion
Third Report: Addressing the Legac…
The Commissioner for Victims and Survivors in Northern Ireland performs the duties set out in...
The Commissioner for Victims and Survivors in Northern Ireland performs the duties set out in the Victims and Survivors (Northern Ireland) Order 2006. Those duties include promoting and safeguarding the interests of victims and survivors and reviewing laws, practices and … Read more
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Government Response AI assessment · 15 of 13 classified
Accepted 2
Acknowledged 8
Deferred 2
Not Addressed 3
Total 13 recs + 3 conclusions
Correspondence 9 letters
4 Jul 2022 Correspondence from the Ambassador of Ireland to the UK, relating to NI Troubles (Legacy and Reconciliation) Bill, 4 July 2022
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29 Jun 2022 Correspondence from the Ulster Unionist Party, relating to the Addressing the Legacy of Northern Ireland’s past: The UK Government's New Proposals inquiry, 22 June 2022
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22 Jun 2022 Correspondence from the Ulster Unionist Party, relating to the Addressing the Legacy of Northern Ireland’s past: The UK Government's New Proposals inquiry, 10 June 2022
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21 Apr 2022 Correspondence from the Minister of State for Northern Ireland, relating to the Government legacy proposals following the Police Ombudsman report on police handling of loyalist paramilitary murders, 4 April 2022
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1 Dec 2021 Correspondence from the Secretary of State for Northern Ireland, relating to the Legacy of the Troubles in Northern Ireland, 30 November 2021
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13 Jan 2021 Correspondence from the Northern Ireland Human Rights Commission, relating to the Committee's Interim Report on Addressing the Legacy of Northern Ireland’s past: the Government’s New Proposals, 07-01-2021
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2 Dec 2020 Correspondence from the Ambassador of Ireland to the United Kingdom, relating to the Interim Report: Addressing the Legacy of Northern Ireland’s Past the Government’s New Proposals, 19-11-2020
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2 Dec 2020 Correspondence from the Secretary of State for Northern Ireland, relating to the Interim Report: Addressing the Legacy of Northern Ireland’s Past the Government’s New Proposals, 17-11-2020
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16 Sep 2020 Correspondence from the Secretary of State for Northern Ireland, relating to matters to be raised at the oral evidence session on Wednesday 16 September, 11-09-2020
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