Committee publication · Correspondence · 10 December 2025 · HC 586
Correspondence with SoS NI relating to legacy, dated 03 Dec 2025 and 15 Sept 2025
From: Northern Ireland Affairs Committee
Inquiry: The Government's new approach to addressing the legacy of the past in Northern Ireland
Summary
The Secretary of State for Northern Ireland responds to four substantive questions from the Northern Ireland Affairs Committee about legacy investigations under the new Troubles Bill. The SoS confirms governance reforms to the ICRIR including independent oversight, judicial panel oversight of inquisitorial proceedings with legal representation, removal of 'reasonableness' thresholds for disclosure, and clarifies that inquests cannot be reinstated via Remedial Order pending Supreme Court judgment.
Key findings
- Government will strengthen ICRIR governance through Secretary of State appointments made on advice from relevant individuals, creating new oversight arrangements and a statutory victims and survivors advisory group.
- Inquisitorial proceedings under Part 4 of the Troubles Bill will be presided over by a judicial panel member, with provision for counsel appointment and core participant designation, addressing concerns about lack of independent judge and legal representation.
- Clause 14 of the Troubles Bill removes the 'reasonableness' threshold for disclosure of information by relevant authorities to the Legacy Commission, contrary to previous legacy investigation frameworks.
- Government cannot reinstate inquests via Remedial Order while appealing the Dillon judgment to the Supreme Court, but the Bill provides that pre-1 May 2024 inquests will either resume or deaths will be subject to inquisitorial proceedings under Part 4.
Government position
The government accepts the Committee's core concerns and outlines legislative solutions already embedded in the Troubles Bill. It accepts the need for accountability mechanisms, judicial oversight of inquests, full disclosure without reasonableness thresholds, and a path to resume inquests post-Supreme Court judgment. The approach is measured—acknowledging constraints on Remedial Orders while demonstrating legislative remedies.
Tone
ProceduralTopics
Key actors
Hilary Benn MP, Tonia Antoniazzi MP, Northern Ireland Affairs Committee, Independent Commission for Reconciliation and Information Recovery (ICRIR), Police Ombudsman for Northern Ireland, Independent Office for Police Conduct, Secretary of State for Northern Ireland
Notable line
“… we are renaming and reforming the Commission to strengthen its governance arrangements and increase public confidence.”
Key Quotes
“Creating new oversight arrangements to provide accountability for the Commission, and a statutory victims and survivors advisory group to ensure that their voices are heard in the Commission's work.”
“… clause 48 confirms that the inquisitorial proceedings will be presided over by a judicial panel member, who will examine all the circumstances of a person's death.”
“I can confirm that the relevant provisions of the Troubles Bill, namely clause 14 (Full disclosure by relevant authorities to the Legacy Commission) does not include reference to the word 'reasonable'.”
“… pre-1 May 2024 inquests will either resume or the relevant deaths will be subject to inquisitorial proceedings under Part”
“The Committee has heard criticisms of 'an accountability gap' in the Commission, regarding complaints about its conduct which do not meet the threshold of criminality.”
Source · parliament.uk record ↗