The UK government has proposed giving a planned Legacy Commission power to set deadlines for public bodies handling Troubles-related records requests, a change intended to help families obtain information as Parliament considers the bill.
Government amendments tabled for Commons debate Monday, Oct. 19, would allow the commission’s directors of investigations and judicial panel members to specify when records and other information must be provided. The amendments set no standard response period, leaving the deadline to be set for each request.
The proposals would also provide for regular inspections of the commission and let it seek police assistance in certain criminal investigations. An agreement could allow the commission to cover police costs.
The bill would reform the Independent Commission for Reconciliation and Information Recovery as the Legacy Commission and remove the conditional immunity scheme created by the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023. Northern Ireland courts found provisions of that law concerning immunity and civil claims incompatible with human rights protections.
A separate package announced Oct. 12 would require the attorney general’s consent for serious Troubles-related prosecutions. It would also require the commission to consider whether compelling new evidence exists, or whether a witness is likely to be able to provide new information, before approaching that witness. The government presented the measures as safeguards for veterans.
During Monday’s Commons debate, Northern Ireland Affairs Committee Chair Tonia Antoniazzi warned that requiring material to be assessed and classified as “sensitive or prejudicial” before transfer to the commission could delay access to records and divert the Police Service of Northern Ireland from current work. She said no additional funding had been identified and said, “Victims and families are not asking for additional bureaucracy; they are asking for answers.”
Liberal Democrat MP Paul Kohler said the bill tells the commission’s director to give “particular weight” to whether compelling new evidence exists. He argued that this is not a requirement that such evidence be established before an investigation is repeated, leaving the threshold too low.
The Commons has scheduled further committee consideration and the bill’s remaining stages for Tuesday, Oct. 20. The government expects MPs to complete their work that day, after which the House of Lords would consider the bill. The proposed changes still require parliamentary approval.
