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

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PART 2The Independent Commission for Reconciliation and Information Recovery

Immunity from prosecution

24Publication of personal statements

(1)

This section applies where—

(a)

an eligible person provides a personal statement in accordance with section 23, and

(b)

the person notifies the Chief Commissioner that the person wishes the personal statement to be published by the Chief Commissioner.

(2)

The Chief Commissioner must publish the personal statement.

(3)

But that duty does not apply if publication of the personal statement—

(a)

would breach section 4(1) or 30(2), or

(b)

would, in the Chief Commissioner’s view, be contrary to the public interest.

(4)

If it is possible to do so, the Chief Commissioner must instead produce an edited version of the personal statement which can be published without—

(a)

breaching section 4(1) or 30(2), or

(b)

being, in the Chief Commissioner’s view, contrary to the public interest.

(5)

But the Chief Commissioner must not publish an edited version unless the person who provided the personal statement agrees to the publication of that version.

(6)

The Chief Commissioner does not breach the duties imposed by subsections (2) and (4) if the Chief Commissioner—

(a)

wishes to publish an edited version in accordance with subsection (4),

(b)

is not able to obtain the agreement to publication of an edited version from the person who provided the personal statement, and

(c)

accordingly does not publish the personal statement or any edited version.

(7)

The duties imposed by subsections (2) and (4) do not apply if, and for as long as, section 18(2) to (4) has the effect of suspending the duty to publish any final report that is related to the personal statement.

(8)

If the Chief Commissioner—

(a)

intends to publish an edited version of the personal statement in accordance with subsection (4), or

(b)

intends to publish neither—

(i)

the personal statement because subsection (3) applies, nor

(ii)

any edited version of the personal statement because it is not possible to do so in accordance with subsection (4),

the Chief Commissioner must give to the person who provided the personal statement the reasons for taking that course of action.

(9)

A reference in this section—

(a)

to a personal statement includes anything which supplements a personal statement;

(b)

to an edited version of a personal statement includes a version of the statement which has been redacted.

(10)

For the purposes of this section a final report is “related to” a personal statement if—

(a)

the statement is provided in a case where section 23 applies in relation to—

(i)

a review which the ICRIR carries out following a request made under section 9 or 10, or

(ii)

a request for immunity from prosecution where the ICRIR carries out a review following a decision made under section 12(2) or (3), and

(b)

the final report is the final report of the findings of that review.