Northern Ireland Legacy Remedial Order

Human Rights (Joint Committee) Open Remedial order scrutiny
Opened: 12 Dec 2024 Parliament page
Send us your views: Proposal for a Draft Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Remedial) Order 2024. On 4 December 2024, the Northern Ireland Office laid a proposal for a draft Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Remedial) Order 2024 (the ‘Proposed Remedial Order’). Read the … Read more
11 Recommendations
13 Conclusions
2 Reports
7 Letters
Activity timeline 10 events
2 Sep
2026
Correspondence
26 Feb
2026
Report published
22 Jan
2026
Correspondence
22 Jan
2026
Correspondence
22 Jan
2026
Correspondence
22 Jan
2026
Correspondence
9 Dec
2025
Report published
6 Nov
2025
Correspondence
6 Nov
2025
Correspondence
28 Feb
2025
Report published
Recommendations & Conclusions
24 results
1 Recommendation
1st Report - Proposal for a Draft …
The Government should amend the Proposed Order so that, when laid in draft, it cites...
The Government should amend the Proposed Order so that, when laid in draft, it cites in the preamble which one of the conditions in section 10(1) (a) HRA is met in respect of the declaration of incompatibility made by the … Read more
Ministry of Justice
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2 Conclusion
1st Report - Proposal for a Draft …
Particularly given the subjective nature of the test, it is likely that the reasons relied...
Particularly given the subjective nature of the test, it is likely that the reasons relied on by the Minister are sufficiently compelling for proceeding by way of remedial order for the purposes of s.10(2) HRA. However, our Committee will have … Read more
Ministry of Justice
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3 Recommendation
1st Report - Proposal for a Draft …
We recommend that the Government sets out its ‘compelling reasons’ for proceeding by way of...
We recommend that the Government sets out its ‘compelling reasons’ for proceeding by way of remedial order in greater detail when it lays its further draft order. (Recommendation, Paragraph 87)
Ministry of Justice
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4 Conclusion
1st Report - Proposal for a Draft …
We are satisfied that the use of the non-urgent procedure rather than the urgent procedure...
We are satisfied that the use of the non-urgent procedure rather than the urgent procedure is appropriate in this case. (Conclusion, Paragraph 89)
Ministry of Justice
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5 Recommendation
1st Report - Proposal for a Draft …
The Government should correct the minor drafting errors we have identified in the Proposed Order...
The Government should correct the minor drafting errors we have identified in the Proposed Order and listed in the Appendix to this report before laying a further draft order. (Recommendation, Paragraph 92) Remedying the incompatibility
Ministry of Justice
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6 Conclusion
1st Report - Proposal for a Draft …
We are unclear why the declaration of incompatibility in relation to section 45 is not...
We are unclear why the declaration of incompatibility in relation to section 45 is not addressed by the Proposed Order. (Conclusion, Paragraph 102)
Ministry of Justice
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7 Recommendation
1st Report - Proposal for a Draft …
The Government should clarify why it has chosen not to address the incompatibility of section...
The Government should clarify why it has chosen not to address the incompatibility of section 45 via the Proposed Order and whether the declaration of incompatibility in relation to that section is subject to appeal 43 to the Supreme Court. … Read more
Ministry of Justice
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8 Recommendation
1st Report - Proposal for a Draft …
Alongside repeal of provisions like section 43 of the Legacy Act by the Proposed Order,...
Alongside repeal of provisions like section 43 of the Legacy Act by the Proposed Order, the Government should set out its future plans for how legacy cases will be dealt with in a timely fashion going forward, as well as … Read more
Ministry of Justice
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9 Conclusion
1st Report - Proposal for a Draft …
We note that the Government is not seeking to rectify all of the declarations of...
We note that the Government is not seeking to rectify all of the declarations of incompatibility issued by the Court of Appeal in Re Dillon, due in large part to its pending Supreme Court appeal. We are broadly satisfied that … Read more
Ministry of Justice
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10 Recommendation
1st Report - Proposal for a Draft …
However, we are unclear how the Government is intending to proceed on the declaration of...
However, we are unclear how the Government is intending to proceed on the declaration of incompatibility regarding section 45 of the Legacy Act. The Government should explain whether it deliberately excluded section 45 from the Proposed Order and, if so, … Read more
Ministry of Justice
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11 Conclusion
1st Report - Proposal for a Draft …
Victims, their families, and all the communities affected by the Troubles deserve greater clarity about...
Victims, their families, and all the communities affected by the Troubles deserve greater clarity about the timetable of the Government’s plans to finally address Legacy issues. We agree that the Government is right to consult with the affected parties. However, … Read more
Ministry of Justice
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12 Recommendation
1st Report - Proposal for a Draft …
We recommend that the Government is clearer about its timetable for consultation and bringing forward...
We recommend that the Government is clearer about its timetable for consultation and bringing forward primary legislation to resolve the remaining matters arising from the Re Dillon case and fulfilling its other pledges on Northern Ireland Legacy, including the restarting … Read more
Ministry of Justice
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13 Recommendation
1st Report - Proposal for a Draft …
It is of course open to either or both Houses of Parliament to refuse to...
It is of course open to either or both Houses of Parliament to refuse to approve the draft remedial order. However, we do not think there are any legal or constitutional reasons why the Government should not proceed by way … Read more
Ministry of Justice
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14 Conclusion
1st Report - Proposal for a Draft …
Over twenty years on from some of the judgments, it is deeply regrettable that the...
Over twenty years on from some of the judgments, it is deeply regrettable that the full implementation of the judgments in the McKerr group of cases has still not taken place. The repeal and replacement of the Legacy Act is … Read more
Ministry of Justice
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15 Recommendation
1st Report - Proposal for a Draft …
The Government should use the opportunity provided by the forthcoming primary legislation to finally resolve...
The Government should use the opportunity provided by the forthcoming primary legislation to finally resolve all the outstanding issues in the McKerr group of cases. (Recommendation, Paragraph 139) 45
Ministry of Justice
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1 Conclusion
9th Report - Draft Northern Irelan…
We remind the Northern Ireland Office that Parliament expects the Government to respond to a...
We remind the Northern Ireland Office that Parliament expects the Government to respond to a committee report within two months. If the Department is not able to provide a response within two months, it must write to the committee to … Read more
Ministry of Justice
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2 Conclusion
9th Report - Draft Northern Irelan…
We are satisfied that the Government has complied with the procedural requirement to summarise the...
We are satisfied that the Government has complied with the procedural requirement to summarise the representations it has received and to detail any changes it has made to the Draft Remedial Order as a result. (Conclusion, Paragraph 76)
Ministry of Justice
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3 Recommendation
9th Report - Draft Northern Irelan…
We therefore conclude, in these exceptional and unusual circumstances, that the Government has sufficiently compelling...
We therefore conclude, in these exceptional and unusual circumstances, that the Government has sufficiently compelling reasons to proceed by way of remedial order. However, this should not be taken as a precedent by other Departments in the future: if a … Read more
Ministry of Justice
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4 Conclusion
9th Report - Draft Northern Irelan…
We are satisfied that the use of the non-urgent procedure remains appropriate.
We are satisfied that the use of the non-urgent procedure remains appropriate. (Conclusion, Paragraph 94)
Ministry of Justice
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5 Conclusion
9th Report - Draft Northern Irelan…
We are satisfied that the Government has corrected the drafting errors we identified in the...
We are satisfied that the Government has corrected the drafting errors we identified in the Proposed Order. There are no other matters which should be drawn to the attention of either House on JCSI grounds. (Conclusion, Paragraph 97) 43 Remedying … Read more
Ministry of Justice
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6 Conclusion
9th Report - Draft Northern Irelan…
We welcome the amendments the Government has made to the drafting of the Draft Remedial...
We welcome the amendments the Government has made to the drafting of the Draft Remedial Order in response to our recommendations. (Conclusion, Paragraph 99)
Ministry of Justice
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7 Conclusion
9th Report - Draft Northern Irelan…
We remain concerned about the resourcing of legacy cases.
We remain concerned about the resourcing of legacy cases. Our Committee may well revisit this issue if the lack of adequate funding affects the right of access to the courts. (Conclusion, Paragraph 115)
Ministry of Justice
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8 Conclusion
9th Report - Draft Northern Irelan…
The Draft Remedial Order would successfully rectify the incompatibilities the Government is seeking to use...
The Draft Remedial Order would successfully rectify the incompatibilities the Government is seeking to use the remedial order to rectify. (Conclusion, Paragraph 118)
Ministry of Justice
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9 Recommendation
9th Report - Draft Northern Irelan…
We therefore recommend that the Draft Remedial Order should be approved by both Houses of...
We therefore recommend that the Draft Remedial Order should be approved by both Houses of Parliament. (Recommendation, Paragraph 119) 44
Ministry of Justice
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Correspondence 7 letters
2 Sep 2026 Correspondence from the Secretary of State for Northern Ireland relating to the Northern Ireland Remedial Order, 22 July 2026
Parliament page
22 Jan 2026 Correspondence from the Committee to Shadow Secretary of State for Northern Ireland and the Shadow Attorney General regarding the Draft Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Remedial) Order 2025, 19 December 2025
Parliament page
22 Jan 2026 Correspondence from Shadow Secretary of State for Northern Ireland and the Shadow Attorney General regarding the Draft Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Remedial) Order 2025, Dated 17 December 2025
Parliament page
22 Jan 2026 Correspondence to the Shadow Secretary of State for Northern Ireland and the Shadow Attorney General regarding the Draft Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Remedial) Order 2025, 11 December 2025
Parliament page
22 Jan 2026 Correspondence from the Shadow Secretary of State for Northern Ireland and the Shadow Attorney General regarding the Draft Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Remedial) Order 2025 ,Dated 9 December 2025
Parliament page
6 Nov 2025 Correspondence from Secretary of State Northern Ireland to the Joint Committee on Human Rights, 13 October 2025
Parliament page
6 Nov 2025 Correspondence from the Joint Committee on Human Rights to the Secretary of State for Northern Ireland, 10 September 2025
Parliament page