Legislation – Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

The Commissioner for Investigations must comply with the obligations imposed by the Human Rights Act 1998 when exercising functions under this section.

(2)

The Commissioner for Investigations has operational control over the conduct of reviews by the ICRIR, whether they have been—

(a)

requested under section 9 or 10, or

(b)

decided on by the ICRIR under section 12.

(3)

The following provisions of this section apply to the Commissioner for Investigations in exercising operational control over the conduct of reviews.

(4)

The Commissioner for Investigations must ensure that each review is carried out (but see subsection (10)).

(5)

The Commissioner for Investigations must ensure that each review, whether or not a criminal investigation forms part of the review, looks into all the circumstances of the death or other harmful conduct to which it relates, including any Troubles-related offences (whether serious or not) which relate to, or are otherwise connected with, that death or other harmful conduct.

(6)

The Commissioner for Investigations is to decide how and when different reviews are to be carried out, including by deciding—

(a)

whether different reviews should be carried out in conjunction with each other;

(b)

what steps are necessary in carrying out any review.

(7)

In particular, the Commissioner for Investigations is to decide whether a criminal investigation is to form part of a review.

(8)

In deciding what steps are necessary, the Commissioner for Investigations—

(a)

must take into account any investigation that has previously been carried out by any other person into the death or other harmful conduct to which the review relates; and

(b)

in particular, must ensure that the ICRIR does not do anything which duplicates any aspect of the previous investigation unless, in the ICRIR’s view, the duplication is necessary.

(9)

In deciding what steps are necessary, the Commissioner for Investigations must, in particular, have regard to the following matters so far as they are relevant—

(a)

any particular questions included in a request for the review (see section 11(1));

(b)

whether the review will, or is likely to, lead only to the production of a final report;

(c)

any request made by a person (P) to the ICRIR to grant immunity from prosecution if it appears to the Commissioner for Investigations that any relevant conduct by P—

(i)

caused the death, or physical or mental harm, to which the review relates, or

(ii)

relates to, or is otherwise connected with, other conduct (by P or another person) that caused that death or other harmful conduct;

(d)

whether information obtained through the review will be, or is likely to be, provided to a prosecutor.

(10)

A review is not to be carried out if—

(a)

the Commissioner for Investigations decides, in the case of a request made by a person in accordance with section 9(2), that it is not appropriate for that person to make the request;

(b)

the Commissioner for Investigations rejects the request in accordance with section 11(3), (5)(a) or (8).

(11)

Subsection (1) does not limit the duty of the Commissioner for Investigations to comply with the obligations imposed by the Human Rights Act 1998 when exercising other functions.

(12)

For the purposes of this section—

(a)

an offence is to be regarded as connected with a death or other harmful conduct, in particular, if the offence formed part of the same event as that death or other harmful conduct;

(b)

“relevant conduct by P” means conduct by P forming part of the Troubles that is relevant to P’s request for immunity from prosecution.