Legacy of the Troubles: UK and Ireland Joint Framework

My noble Friend Baroness Anderson of Stoke-on-Trent made the following statement on Friday 19 September:

I wish to report to the House on the Government’s approach to dealing with the legacy of the troubles and today’s publication of a joint framework agreed between the UK Government and the Government of Ireland. The Secretary of State for Northern Ireland will provide an update to the House of Commons at the earliest opportunity when it returns.

The UK’s commitments under the framework will fulfil the Government’s King’s Speech commitment to repeal and replace the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, acknowledge and address the suffering of victims and survivors and take forward one of the unfinished aims of the Good Friday agreement.

The framework sets out the commitment of the UK and Irish Governments to work in partnership to deliver effective legacy mechanisms that comply with our legal obligations, can command public confidence, and draw on the principles of the Stormont House agreement.

In place of the Legacy Act 2023, the framework confirms that the Government will legislate to introduce:

a new Legacy Commission, with statutory oversight arrangements to provide accountability and—learning from Operation Kenova—a statutory advisory group to ensure that the voices of victims and survivors, including those from a service background, are heard as part of the Commission’s work;

strengthened governance, including two new co-directors of investigations, new statutory conflict of interest provisions, and appointments made to a new oversight board following advice from an independent appointments panel;

enhanced investigative and fact finding powers and a fairer disclosure regime, ensuring that the Commission has all it needs to find answers for families, and that the maximum possible information can be made public, subject to proportionate safeguards;

removal of the previous Government’s failed and undeliverable immunity scheme for terrorists, which would have allowed those who perpetrated the most appalling terrorist crimes to seek immunity from prosecution;

an approach to inquests that fulfils the commitments we have made to restore those that were halted by the Act, while recognising the primary role that the reformed Legacy Commission will play in providing answers for families, particularly in cases containing sensitive information. All other outstanding inquests will be referred to the Solicitor General to independently consider whether, in each case, they are most appropriately dealt with by the Legacy Commission or in the coronial system;

a new process within the commission to be used for cases that transfer in from the coronial system. This will have provision for public hearings, the ability to consider sensitive information in closed hearings, and provide effective next of kin participation, including through legal representation;

the establishment of an independent commission on information retrieval, jointly with the Irish Government, and consistent with the Stormont House agreement. This will, initially on a pilot basis, provide families with an additional means of retrieving information.

These measures will be implemented in legislation, which the Government will introduce in the near future.

The framework also contains specific commitments by the Irish Government, recognising that addressing the legacy of the troubles is the responsibility of both the UK and Irish Governments. The Irish Government is committed to:

facilitating the fullest possible co-operation of the Irish authorities with the reformed commission, including through legislation. This will be the first time that information held by the Garda and the Irish authorities will be made available in this comprehensive way;

establishing a dedicated unit within An Garda Síochána—the Irish police—to deal with troubles-related cases, and;

making a financial contribution of €25 million to support families in the legacy process.

These commitments by the Irish Government are very significant, and will help more families—including families of service personnel killed during the troubles—to finally seek answers about what happened.

The Government have also separately announced a range of effective protections that respond to the concerns expressed by veterans who served in Northern Ireland. These will ensure that any veteran who is asked to give information to the Legacy Commission or an inquest is treated fairly. We owe a huge debt to those who served with honour to bring about peace in Northern Ireland in some of the most extreme and challenging circumstances.

The measures announced will provide:

protection from repeated investigations—the Commission will be under a requirement to not duplicate the work of any previous investigations unless there are compelling reasons to do so;

protection from cold calling—veterans will be protected from cold calling through a new protocol, ensuring they are only ever contacted with the support of the MOD;

protection in old age—measures which require the commission and coroners to consider the health and wellbeing of potential witnesses at all times—including whether it would be inappropriate for them to give evidence at all;

a right to stay at home—changing the law to ensure that no Northern Ireland veteran is forced to travel to Northern Ireland to give evidence to the commission or to an inquest;

a right to anonymity—ensuring veterans can seek anonymity when giving evidence and removing the need for veterans to give unnecessary evidence on historical context and general operational details, so that veterans are not forced to recount established facts; and

a right for veterans’ voices to be heard—there will be a statutory advisory group that will provide an opportunity for the voices of victims and survivors of the troubles to be heard, including those from a service background, and the commission will be required to take account of wider circumstances surrounding incidents being investigated.

The framework agreed with the Irish Government and this Government’s separate protections for Operation Banner veterans reflect the significant engagement that the Government have undertaken with political parties, victims and survivors organisations, human rights groups, veterans and their representatives, and many others.

This is the closest we have been in many years to putting in place mechanisms that can help families find answers—that unrealised ambition of the Good Friday agreement—and so help Northern Ireland to look to the future.

Given the significant range of views held by so many stakeholders, a perfect outcome is not attainable. However, the Government firmly believe that this framework represents the best possible way forward, and hopes that it will be given a fair chance to succeed.

[HCWS941]