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

PART 4Memorialising the Troubles

52Academic research

(1)

The designated persons must secure that—

(a)

terms of reference are set for academic research into the Troubles;

(b)

academic research is carried out in accordance with those terms of reference;

(c)

the terms of reference are set within the initial period;

(d)

the researchers produce a report on the outcome of the academic research (the “academic report”);

(e)

the academic report is published and a copy of it is given to the Secretary of State before the end of the seventh year of the period of operation of the ICRIR.

(2)

The designated persons must use their best endeavours to make arrangements under which one of the UKRI’s Councils is to undertake, or participate in, activities which enable, or assist, the designated persons to comply with the duties imposed by subsection (1)(a) to (d).

(3)

The researchers must carry out their work—

(a)

independently of the influence of any other persons, and

(b)

otherwise in such ways as will secure the confidence of the people of Northern Ireland in them and their work.

(4)

The terms of reference may—

(a)

provide for academic research to be carried out into events and conduct before or after the Troubles, and

(b)

make provision about criteria for identifying the kinds of events and conduct before or after the Troubles into which the academic research is to be carried out.

(5)

The terms of reference must require the researchers to take account of ICRIR reports in carrying out the academic research.

(6)

The terms of reference—

(a)

must require the academic research to include the production of an analysis of patterns and themes emerging from the relevant events and conduct into which the academic research is carried out, including (in particular) an analysis of women’s and girls’ experience of those events, and

(b)

may include provision about criteria for identifying the kinds of relevant events and conduct that the researchers are to take into account for the purposes of producing that analysis.

(7)

The terms of reference must require the researchers to carry out a statistical analysis of—

(a)

all ICRIR reports relating to a death, and

(b)

the historical record.

(8)

That analysis must, in particular, set out, to the extent possible from the ICRIR reports and historical record—

(a)

the number of deaths (resulting from conduct forming part of the Troubles) recorded in those reports and that record,

(b)

an overview of the biographical attributes of the deceased (including by age range and community background), and

(c)

an overview of the circumstances of the deaths (including when and where they occurred, and the involvement of any body or proscribed organisation).

(9)

In this section—

ICRIR reports” means—

(a)

the final reports published in accordance with section 17, and

(b)

any final reports of which summaries are given in accordance with section 17;

proscribed organisation” means an organisation that has been proscribed at any time under terrorism legislation in the United Kingdom;

relevant events and conduct” means—

(a)

events and conduct forming part of the Troubles, and

(b)

events and conduct before or after the Troubles;

researchers” means the persons carrying out the academic research into the Troubles and producing the report;

UKRI’s Council” means any of the Councils of United Kingdom Research and Innovation provided for by or under section 92 of the Higher Education and Research Act 2017.