Independent Commission for Reconciliation and Information Recovery

Wednesday 17th April 2024 Written Statements

[The Secretary of State for Northern Ireland (Chris Heaton-Harris)]

The Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 set out the new legal framework for taking forward troubles-related investigations, and provided for the establishment of the Independent Commission for Reconciliation and Information Recovery (ICRIR). The Act was a significant milestone in delivering on our pledge to provide better outcomes and greater information, accountability and acknowledgement to those most affected by the troubles, while also helping society to look forward. I am pleased to confirm that I will be commencing operational functions of the ICRIR as planned on 1 May 2024.

The Government have been supporting the ICRIR as it moves towards operational establishment by developing secondary legislation, as provided for in the legacy Act. We have laid regulations on the holding and handling of information by the ICRIR, in line with section 34 of the Act. In addition, we will shortly lay regulations on the retention of biometric material for the use of the ICRIR, in line with section 35 of the Act.

We will also be laying a second set of commencement regulations at the end of April 2024, which will commence functions of the ICRIR. As part of those regulations, we will include two transitional provisions. The first provision is in relation to criminal investigations of troubles-related offences. Where all that remains to be done on 1 May 2024 is the preparation or completion of the investigation report, or something subsequent to that, then the investigating body may prepare or complete the investigation report, or do anything subsequent to that, between 1 May 2024 and 30 April 2025.

The second transitional provision is in relation to decisions not to prosecute a person for a troubles-related offence taken before 1 May 2024. Where a person requests that the prosecuting authority review such a decision, and as a result of the review the decision is overturned on or after 1 May 2024, the decision is to be treated as if it had been taken under the pre-1 May legal framework. This is provided that the review is ongoing on 1 May 2024 or, if the person requests the review on or after that date, that the person does so within 28 days of the decision.

In taking these actions, the Government are demonstrating their ongoing commitment to implementing the legacy Act and to providing better outcomes for victims and survivors of the troubles by delivering the ICRIR. I welcome the commission’s imminent operational establishment and would encourage all parties to engage fully with it.

[HCWS412]