10 Deferred

There may be merit in using normal and prevailing tests for prosecution.

Recommendation
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 across the community in Northern Ireland and in the Republic of Ireland. The tests to be met include the clarification of: a) the threshold for “new compelling” evidence meriting a full investigation; b) setting a legal bar on cases that do not meet the threshold being reopened in the future; and c) whether the proposed new system is secure against possible legal challenge. Given the importance of this issue, we again invite the Government to address these points in both written and oral evidence to the Committee.
Government Response Summary
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.
Paragraph Reference
39
Government Response
Deferred
HM Government Deferred
The Government believes it is right to focus on information recovery and providing answers to those with questions about what happened to their loved ones. Committee members have highlighted the different approaches suggested for information retrieval, from the proposed Independent Commission for Information Retrieval to Operation Kenova.6 It is important that the Government carefully considers all options and works through all the concerns expressed, both to this Committee and through the Government consultation, to ensure that any information recovery process is fit for purpose and maximises the chances of providing victims and families with as much information as possible about the circumstances of the death of a loved one—before the opportunity to do so is lost. Victims and survivors have waited too long—with many sadly passing on without ever knowing the truth—which is why the Government is determined to get this right.
Addressee Bodies
Northern Ireland Executive
Northern Ireland Office
Timeline
Recommendation age 5.8 yrs
Report published 26 Oct 2020