Question to the Northern Ireland Office:

To ask the Secretary of State for Northern Ireland, what recent assessment he has made of the potential impact of removing immunity from prosecution of perpetrators of crimes during the Troubles on their likelihood of (a) giving and (b) withholding testimony about unsolved murders of which they have knowledge; and what the evidence basis is for that assessment.

The provisions in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 on immunity were found to be incompatible with our human rights obligations and never commenced. Those provisions were, in any case, opposed by political parties, by victims and survivors across communities in Northern Ireland, and by those veterans who saw immunity as an affront to the rule of law that they sought to protect, and as implying a moral equivalence between those who served the State in Northern Ireland and those who committed heinous terrorist crimes.

The Northern Ireland Troubles Bill will provide victims and families with the greatest possible opportunity to obtain the information they seek regarding Troubles-related incidents. The Independent Commission for Reconciliation and Information Recovery already has significant powers, including powers to require disclosure from state bodies (that will, of course, include significant records pertaining to the actions of terrorist organisations), and the power to compel witnesses.

It is using those powers as part of its ongoing investigations into cases such as the Guildford Pub Bombings, the M62 Coach Bombings, and the Warrenpoint attack. All of these incidents were perpetrated by the IRA, and the ICRIR is seeking to provide answers for bereaved families of service personnel who were brutally murdered in those attacks.

Building on these powers, the Troubles Bill introduces provisions to further enhance the Commission’s investigative functions, and to further strengthen the disclosure regime to ensure that it is fair and transparent, and allows the greatest possible amount of information to be published, within the necessary safeguards of national security. This will be supported by the Irish Government’s commitment to provide the fullest possible cooperation of the Irish authorities with a reformed Commission, giving access to information for families that would otherwise not be available.

Furthermore, the Troubles Bill sets out that the Government will establish, alongside the Irish Government and on a pilot basis, the Independent Commission on Information Retrieval. This will be an international body that will seek to give families an additional means to retrieve information about Troubles-related deaths. Any information disclosed by individuals to the ICIR will be inadmissible in criminal and civil proceedings. The work of the ICIR must not impinge on criminal investigations.