Third Report: Addressing the Legacy of Northern Ireland’s Past: the Government’s New Proposals (Interim Report)
Select Committee
Northern Ireland Affairs Committee
HC 329
26 October 2020
Government response
Third Special Report - Addressing the Legacy of Northern Ireland’s past: the Government’s New Proposals: Government Response to the Committee’s Third Report of Session 2019–21 · published 18 Jan 2021
Recommendations & Conclusions
16 results
1
Recommendation
Acknowledged
Para 5
We are disappointed that the UK Government has decided not to submit, to date, written...
Recommendation
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 …
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Government Response Summary
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.
Northern Ireland Executive
Northern Ireland Office
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2
Conclusion
Acknowledged
Too many key questions remain regarding how the proposed new institution would operate and function.
Conclusion
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 …
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Government Response Summary
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.
Northern Ireland Executive
Northern Ireland Office
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3
Recommendation
Acknowledged
Para 15
The Committee welcome the Government’s desire to legislate to address the legacy of the past...
Recommendation
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 …
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Government Response Summary
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.
Northern Ireland Executive
Northern Ireland Office
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4
Recommendation
Acknowledged
Para 18
The Irish Government will have a role to play in parts of a new legacy...
Recommendation
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 …
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Government Response Summary
The government reaffirmed its strong commitment to working in partnership with the Irish Government on legacy issues, aligning with the recommendation for meaningful engagement.
Northern Ireland Executive
Northern Ireland Office
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5
Recommendation
Accepted
The Government is right to recognise the unique circumstances in Northern Ireland by decoupling Northern...
Recommendation
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 …
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Government Response Summary
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.
Northern Ireland Executive
Northern Ireland Office
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6
Recommendation
Accepted
We are dismayed by the lack of consultation and engagement with representative groups by the...
Recommendation
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 …
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Government Response Summary
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.
Northern Ireland Executive
Northern Ireland Office
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7
Recommendation
Not Addressed
Para 29
The Government must: a) set out the rationale for its decision to abandon the model...
Recommendation
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 …
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Government Response Summary
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.
Northern Ireland Executive
Northern Ireland Office
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8
Recommendation
Not Addressed
The aspiration for the new body “to move at a faster pace” set out in...
Recommendation
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 …
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Government Response Summary
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.
Northern Ireland Executive
Northern Ireland Office
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9
Recommendation
Acknowledged
Para 38
The permanent closure of a case in which a serious crime has been committed raises...
Recommendation
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 …
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Government Response Summary
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.
Northern Ireland Executive
Northern Ireland Office
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10
Recommendation
Deferred
Para 39
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 …
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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.
Northern Ireland Executive
Northern Ireland Office
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11
Recommendation
Acknowledged
We expect the Government to abide by its obligations under the ECHR to ensure that...
Recommendation
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 …
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Government Response Summary
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.
Northern Ireland Executive
Northern Ireland Office
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12
Conclusion
Acknowledged
Para 46
The Government is right to recognise the importance of providing families that seek it with...
Conclusion
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 …
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Government Response Summary
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.
Northern Ireland Executive
Northern Ireland Office
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13
Recommendation
Deferred
The Government must, with some urgency, set out how its proposed information recovery mechanism will...
Recommendation
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 …
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Government Response Summary
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.
Northern Ireland Executive
Northern Ireland Office
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14
Recommendation
Acknowledged
Para 53
Any new legacy process must command the trust and confidence of those engaging with it.
Recommendation
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 …
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Government Response Summary
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.
Northern Ireland Executive
Northern Ireland Office
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15
Recommendation
Not Addressed
Para 54
The Government must examine: a) how Operation Kenova has engaged with victims’ groups and families;...
Recommendation
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 …
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Government Response Summary
The government merely noted the committee's suggestion that it could learn lessons from Operation Kenova, without committing to examining the specific aspects requested.
Northern Ireland Executive
Northern Ireland Office
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16
Conclusion
The Commissioner for Victims and Survivors in Northern Ireland performs the duties set out in...
Conclusion
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 …
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Northern Ireland Executive
Northern Ireland Office
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