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

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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

SCHEDULES

SCHEDULE 13Amendments

Section 58

PART 1The ICRIR

Prosecution of Offences Act 1985

1

(1)

Section 3 of the Prosecution of Offences Act 1985 (functions of the Director of Public Prosecutions) is amended in accordance with this paragraph.

(2)

In subsection (2)—

(a)

after paragraph (ac) insert—

to take over the conduct of any criminal proceedings instituted in England and Wales by the ICRIR;”;

(b)

after paragraph (bc) insert—

“(bd)

where it appears to the Director appropriate to do so, to institute and have the conduct of any criminal proceedings in England and Wales relating to a review by the ICRIR;”;

(c)

after paragraph (ee) insert—

“(ef)

to give, to such extent as he considers appropriate, and to such persons as he considers appropriate, advice on matters relating to—

(i)

a review by the ICRIR; or

(ii)

criminal proceedings instituted in England and Wales relating to a review by the ICRIR;”.

(3)

In subsection (3), after the definition of “the court” insert—

““ICRIR” means the Independent Commission for Reconciliation and Information Recovery;”.

Northern Ireland Act 1998

2

(1)

The Northern Ireland Act 1998 is amended in accordance with this paragraph.

(2)

In section 75(3) (statutory equality duty on public authorities), after paragraph (b) insert—

“(ba)

the Independent Commission for Reconciliation and Information Recovery;”.

(3)

In section 76(7) (discrimination by public authorities), after paragraph (c) insert—

“(ca)

the Independent Commission for Reconciliation and Information Recovery;”.

Police (Northern Ireland) Act 1998

3

After section 60ZC of the Police (Northern Ireland) Act 1998 insert—

“60ZDThe Independent Commission for Reconciliation and Information Recovery

(1)

An agreement for the establishment in relation to ICRIR officers of procedures corresponding or similar to any of those established by virtue of this Part may, with the approval of the Secretary of State, be made between the Ombudsman and the ICRIR.

(2)

Where no such procedures are in force in relation to the ICRIR, the Secretary of State may by order establish such procedures.

(3)

An agreement under this section may at any time be varied or terminated with the approval of the Secretary of State.

(4)

Before making an order under this section the Secretary of State must consult—

(a)

the Ombudsman; and

(b)

the ICRIR.

(5)

Nothing in any other statutory provision prevents the ICRIR from carrying into effect procedures established by virtue of this section.

(6)

No such procedures shall have effect in relation to anything done by an ICRIR officer outside Northern Ireland.

(7)

In this section—

“ICRIR” means the Independent Commission for Reconciliation and Information Recovery;

“ICRIR officer” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.”

Freedom of Information Act 2000

4

In Schedule 1 to the Freedom of Information Act 2000 (public authorities), Part 6 (other public bodies and offices: general), at the appropriate place insert—

  • “The Independent Commission for Reconciliation and Information Recovery.”

Justice (Northern Ireland) Act 2002

5

(1)

Section 31 of the Justice (Northern Ireland) Act 2002 is amended in accordance with this paragraph.

(2)

After subsection (1) insert—

“(1A)

The Director must take over conduct of all criminal proceedings which are instituted in Northern Ireland by the ICRIR.”

(3)

In subsection (5), after “forces” insert “and to the ICRIR”.

(4)

After subsection (6) insert—

“(7)

In this section “ICRIR” means the Independent Commission for Reconciliation and Information Recovery.”

Police Reform Act 2002

6

After section 26E of the Police Reform Act 2002 insert—

“26FThe Independent Commission for Reconciliation and Information Recovery

(1)

The Director General and the ICRIR may enter into an agreement for the establishment, in relation to ICRIR officers, of procedures corresponding or similar to those provided for by or under this Part.

(2)

Where no such agreement is in force, the Secretary of State may by regulations establish such procedures.

(3)

An agreement under this section must not be made, varied or terminated except with the approval of the Secretary of State.

(4)

Before making regulations under this section the Secretary of State must consult—

(a)

the Director General; and

(b)

the ICRIR.

(5)

Nothing in any other statutory provision prevents the ICRIR from carrying into effect procedures established by virtue of this section.

(6)

An agreement or regulations under this section may contain provision for enabling the Director General to bring and present, or otherwise participate or intervene in, any proceedings that are identified by the agreement as disciplinary proceedings in relation to ICRIR officers.

(7)

Procedures established in accordance with an agreement under this section, or by regulations under this section, have no effect in relation to anything done outside England and Wales by any ICRIR officer.

(8)

In this section—

“ICRIR” means the Independent Commission for Reconciliation and Information Recovery;

“ICRIR officer” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.”

Police, Public Order and Criminal Justice (Scotland) Act2006 (Consequential Provisions and Modifications) Order 2007

7

(1)

Article 4 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 (Consequential Provisions and Modifications) Order 2007 (S.I. 2007/1098) (agreements to establish complaints procedures) is amended as follows.

(2)

After paragraph (4) insert—

“(4A)

The Commissioner and the ICIRIR may enter into an agreement to establish and maintain procedures which correspond to or are similar to those contained in Chapter 2 of Part 1 of the Act in relation to complaints made about the acts or omissions of the ICRIR and ICRIR officers.”

(3)

In paragraph (7), after sub-paragraph (d) insert—

“(e)

any statement made by a person who is, or has been, an ICRIR officer about the terms and conditions of their service;”.

(4)

In paragraph (14), after sub-paragraph (b) insert—

“(c)

“ICRIR” means the Independent Commission for Reconciliation and Information Recovery;

(d)

“ICRIR officer” has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.”

Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013

8

(1)

The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) is amended as follows.

(2)

In article 3 (agreements to investigate serious incidents), after paragraph (17) insert—

“(17A)

The Commissioner and the Independent Commission for Reconciliation and Information Recovery (the “ICRIR”) may enter into an agreement for the Commissioner to investigate and report, where requested to do so by the ICRIR, on any serious incident involving the ICRIR.

(17B)

A “serious incident involving the ICRIR” has the same meaning as a “serious incident involving the police” in section 41B of the 2006 Act except that “a person serving with the police” means an ICRIR officer (which has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023).”

(3)

In article 4 (investigation of crimes and deaths), after sub-paragraph (h) insert—

“(i)

an ICRIR officer (which has the same meaning as in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023).”

Investigatory Powers Act 2016

9

In section 58 of the Investigatory Powers Act 2016 (section 57: meaning of excepted disclosure), in subsection (4), after paragraph (d) insert—

“(e)

a disclosure made to the Independent Commission for Reconciliation and Information Recovery for the purpose of facilitating the carrying out of any of the functions of the Independent Commission for Reconciliation and Information Recovery.”

Data Protection Act 2018

10

In Schedule 18 to the Data Protection Act 2018, in paragraph 3 (records relating to a caution or conviction whose production must not be required in connection with employment etc), in sub-paragraph (2), after paragraph (f) insert—

“(fa)

the Independent Commission for Reconciliation and Information Recovery;”.

Sentencing Act 2020

11

In section 379 of the Sentencing Act 2020, in the table in subsection (1), at the appropriate place insert—

“Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

section 26

revocation of immunity under that Act

making of false statements”

Prescription and Limitation (Scotland) Act 1973

12

After section 23B of the Prescription and Limitation (Scotland) Act 1973 insert—

“23CActions relating to the Northern Ireland Troubles

This Act has effect subject to section 43 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.”

Limitation Act 1980

13

After section 27C of the Limitation Act 1980 insert—

“27DActions relating to the Northern Ireland Troubles

This Act has effect subject to section 43 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.”

Foreign Limitation Periods Act 1984

14

After section 4 of the Foreign Limitation Periods Act 1984 insert—

“4AActions relating to the Northern Ireland Troubles

This Act has effect subject to section 43 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.”

Foreign Limitation Periods (Northern Ireland) Order 1985 (S.I. 1985/754 (N.I. 5)

15

After Article 5 of the Foreign Limitation Periods (Northern Ireland) Order 1985 (S.I. 1985/754 (N.I. 5)) insert—

“Actions relating to the Northern Ireland Troubles5A

This Order has effect subject to section 43 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.”

Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11))

16

After Article 73 of the Limitation (Northern Ireland) Order 1989 (S.I. 1989/1339 (N.I. 11)) insert—

“Actions relating to the Northern Ireland Troubles73A

This Order has effect subject to section 43 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.”

Merchant Shipping Act 1995

17

In section 190 of the Merchant Shipping Act 1995 (time limit for proceedings against ship owner or ships), after subsection (6) insert—

“(7)

This section has effect subject to section 43 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.”