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

New Search

Introduction

PART 1
The Troubles

1 Meaning of “the Troubles” and other key expressions

PART 2
The Independent Commission for Reconciliation and Information Recovery

2 The Independent Commission for Reconciliation and Information Recovery

3 ICRIR officers

4 Actions of the ICRIR: safeguards

5 Full disclosure to the ICRIR

6 Operational powers of ICRIR officers

7 Admissibility of material in criminal proceedings

8 Admissibility of material in civil proceedings

9 Requests for reviews of deaths

10 Requests for reviews of other harmful conduct forming part of the Troubles

11 Requests for reviews: general provision

12 Reviews in connection with requests for immunity from prosecution

13 Conduct of reviews

14 Supply of information

15 Production of reports on the findings of reviews

16 Consultation on reports

17 Issuing and publication of reports

18 Reports: general provision

19 Immunity from prosecution

20 Requests for immunity: procedural matters

21 Determining a request for immunity

22 The immunity requests panel

23 Personal statements by persons affected by deaths etc

24 Publication of personal statements

25 Information for prosecutors

26 Subsequent convictions: revocation of immunity

27 False statements: offence

28 Production of the historical record

29 Publication of the historical record

30 Disclosure of information: general power and prohibitions

31 The ICRIR’s use of information obtained by it

32 Identifying information that is subject to additional safeguards

33 Guidance and protocols relating to information

34 Regulations about the holding and handling of information

35 Biometric material

36 Review of the performance of the ICRIR’s functions

37 Conclusion of the work of the ICRIR

PART 3
Investigations, legal proceedings etc and release of prisoners

38 No criminal investigations except through ICRIR reviews

39 Grant of immunity: prohibition of criminal enforcement action

40 No grant of immunity: restrictions on criminal enforcement action

41 Other Troubles-related offences: prohibition of criminal enforcement action

42 General provision and saving for ongoing pre-commencement action

43 Tort, delict and fatal accident actions

44 Inquests, investigations and inquiries

45 Police complaints

46 Interim custody orders: validity

47 Interim custody orders: prohibition of proceedings and compensation

48 Prisoner release

PART 4
Memorialising the Troubles

49 Oral history

50 The memorialisation strategy

51 Response to the memorialisation strategy

52 Academic research

53 Annual reports

54 Carrying out the Troubles-related work programme

55 The advisory forum

56 Designated persons and funding

57 Interpretation of this Part

PART 5
Final provisions

58 Consequential provision

59 Regulations

60 Interpretation

61 Application to the Crown

62 Extent

63 Commencement

64 Short title

SCHEDULES

SCHEDULE 1 The ICRIR, the Commissioners and ICRIR officers

SCHEDULE 2 Operational powers of ICRIR officers

SCHEDULE 3 Family members

SCHEDULE 4 Supply of information: enforcement

SCHEDULE 5 No immunity in certain circumstances

SCHEDULE 6 Permitted disclosures of information

SCHEDULE 7 Offences relating to disclosure of information

SCHEDULE 8 Identification of sensitive, prejudicial or protected international information

SCHEDULE 9 Determination of whether the prohibition on civil actions applies

SCHEDULE 10 Civil actions to which the 2008 Mediation Directive applies

SCHEDULE 11 Investigations, inquests and inquiries in England and Wales and Scotland

SCHEDULE 12 Prisoner release

SCHEDULE 13 Amendments

PART 2The Independent Commission for Reconciliation and Information Recovery

The ICRIR, the Commissioners and ICRIR officers

2The Independent Commission for Reconciliation and Information Recovery

(1)

The Independent Commission for Reconciliation and Information Recovery is established.

(2)

The ICRIR is a body corporate.

(3)

The ICRIR consists of—

(a)

the Chief Commissioner,

(b)

the Commissioner for Investigations, and

(c)

between one and five other Commissioners.

(4)

The principal objective of the ICRIR in exercising its functions is to promote reconciliation.

(5)

The functions of the ICRIR are—

(a)

to carry out reviews of deaths that were caused by conduct forming part of the Troubles (see sections 9 and 11 to 13);

(b)

to carry out reviews of other harmful conduct forming part of the Troubles (see sections 10 to 13);

(c)

to produce reports (“final reports”) on the findings of each of the reviews of deaths and other harmful conduct (see sections 15 to 18);

(d)

to determine whether to grant persons immunity from prosecution for serious or connected Troubles-related offences other than Troubles-related sexual offences (see sections 19 to 21);

(e)

to refer deaths that were caused by conduct forming part of the Troubles, and other harmful conduct forming part of the Troubles, to prosecutors (see section 25);

(f)

to produce a record (the “historical record”) of deaths that were caused by conduct forming part of the Troubles (see sections 28 and 29).

(6)

In exercising its functions, the ICRIR must have regard to the general interests of persons affected by Troubles-related deaths and serious injuries.

(7)

At least three months before the start of each financial year, the ICRIR must—

(a)

produce and publish a work plan for that year, and

(b)

give a copy of the plan to the Secretary of State.

But this duty does not apply in relation to any financial year which starts before 1 April 2025.

(8)

A work plan must deal with the following matters—

(a)

the caseload which the ICRIR is expecting;

(b)

the plans which the ICRIR has for dealing with its caseload;

(c)

the plans which the ICRIR has for engaging with persons entitled to request reviews of deaths and other harmful conduct;

(d)

policies which the ICRIR is planning to introduce, review or change;

(e)

such other matters as the ICRIR considers appropriate.

(9)

No later than six months after the end of each financial year, the ICRIR must—

(a)

produce and publish an annual report in relation to that year, and

(b)

give a copy of the annual report to the Secretary of State.

(10)

An annual report must deal with the following matters—

(a)

the finances of the ICRIR;

(b)

the administration of the ICRIR;

(c)

the volume of information received by the ICRIR;

(d)

the number of requests for reviews that have been made;

(e)

the number of final reports on the findings of reviews that have been provided to persons requesting them;

(f)

the number of applications for immunity from prosecution that have been made;

(g)

the number of applications for immunity from prosecution that have been decided by the immunity requests panel;

(h)

the number of persons who have been granted, and the number of persons who have been refused, immunity from prosecution;

(i)

progress made in producing the historical record;

(j)

such other matters as the ICRIR considers appropriate.

(11)

The Secretary of State may make payments or provide other resources to, or in respect of, the ICRIR in connection with the exercise of the ICRIR’s functions.

(12)

Schedule 1 contains provision about the ICRIR, the Commissioners and the ICRIR officers.

(13)

In this section “persons affected by Troubles-related deaths and serious injuries” means—

(a)

family members of persons whose deaths were caused directly by conduct forming part of the Troubles (and the reference to those deaths has the meaning given in section 9(9)),

(b)

persons who suffered serious physical or mental harm that was caused by conduct forming part of the Troubles, and

(c)

family members of persons who suffered such harm and have subsequently died.

(14)

In this Act “financial year”, in relation to the ICRIR, means—

(a)

the period which—

(i)

begins with the day on which this section comes into force, and

(ii)

ends with the following 31 March; and

(b)

each subsequent period of one year which ends with 31 March.