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 5Final provisions

60Interpretation

(1)

In this Act, each expression set out in an entry in the first column of the following table is to be read in accordance with the corresponding entry in the second column—

Expression

Interpretation

Chief Commissioner

The Commissioner appointed under section 2(3)(a).

chief officer

This means—

  • the chief constable of a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

  • the Commissioner of Police of the Metropolis;

  • the Commissioner of Police for the City of London;

  • the chief constable of the Police Service of Scotland;

  • the chief constable of the Ministry of Defence Police;

  • the chief constable of the British Transport Police.

Commissioner for Investigations

The Commissioner appointed under section 2(3)(b).

Commissioners

The members of the ICRIR appointed under section 2(3)(a), (b) and (c).

conduct

This has the meaning given in section 1.

conduct forming part of the Troubles

This has the meaning given in section 1.

connected Troubles-related offence

This has the meaning given in section 1.

event forming part of the Troubles

This has the meaning given in section 1.

excepted matter

This has the meaning given by section 4(1) ofthe Northern Ireland Act 1998.

final report

A report under section 15 on the findings of a review of a death or a review of other harmful conduct forming part of the Troubles.

financial year

This has the meaning given in section 2(14).

GCHQ

This has the same meaning as in the Intelligence Services Act 1994.

His Majesty’s forces

This has the same meaning as in the Armed Forces Act 2006 (see section 374 of that Act).

historical record

This has the meaning given in section 2(5)(f).

the ICRIR

The Independent Commission for Reconciliation and Information Recovery.

ICRIR contractor

A person providing, or being employed in the provision of, goods or services for the purposes of the ICRIR.

ICRIR officers

This has the meaning given in section 3(4).

immunity function

The function of determining whether to grant persons immunity from prosecution conferred by section 2(5)(d).

immunity requests panel

The panel formed in accordance with section 22.

inspector of constabulary for Northern Ireland

An inspector of constabulary for NorthernIreland (appointed under section 41 of thePolice (Northern Ireland) Act 1998).

legislation

Primary legislation and subordinate legislation.

national authority

This means has the meaning given in section 58(3)

Northern Ireland affairs

This has the meaning given in section 1.

other harmful conduct forming part of the Troubles

This has the meaning given in section 1.

period of operation of the ICRIR

The period beginning with the day on which section 2(5) comes into force.

police force in Great Britain

This means—

  • a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);

  • the metropolitan police force;

  • the City of London police force;

  • the Police Service of Scotland;

  • the Ministry of Defence Police;

  • the British Transport Police.

prejudicial information

Information which, if disclosed generally, would risk putting, or would put, the life or safety of any person at risk.

primary legislation

This means—

  • Northern Ireland legislation (which has the meaning given in section 24(5) of the Interpretation Act 1978);

  • an Act of Parliament;

  • an Act of the Scottish Parliament;

  • a Measure or Act of Senedd Cymru.

protected international information

Information which—

  1. (a)

    was supplied to any person by, or by an agency of, the government of a country or territory outside the United Kingdom, and

  2. (b)

    if disclosed generally might, in the opinion of the Secretary of State, damage international relations.

PSNI

The Police Service of Northern Ireland.

relevant authority

This means—

  • the Chief Constable of the PSNI;

  • the chief officer of a police force in Great Britain;

  • the Police Ombudsman for Northern Ireland;

  • the Director General of the Independent Office for Police Conduct;

  • the Police Investigations and Review Commissioner;

  • any Minister of the Crown (which has the same meaning as in the Ministers of the Crown Act 1975 — see section 8 of that Act);

  • the Security Service;

  • the Secret Intelligence Service;

  • GCHQ;

  • any other department of the United Kingdom government (including a non-ministerial department);

  • a Northern Ireland department;

  • the Scottish Ministers;

  • any of His Majesty’s forces.

request for a review

A request for a review under section 9 or 10.

reserved matter

This has the meaning given by section 4(1) ofthe Northern Ireland Act 1998.

reserved provision

Provision which (if contained in a Bill for an Act of the Northern Ireland Assembly) would result in the Bill requiring the consent of the Secretary of State under section 8(b) of the Northern Ireland Act 1998.

review function

The function of carrying out reviews conferred by section 2(5)(a) and (b).

sensitive information

This means information of the following kinds.

Information which, if disclosed generally, would risk prejudicing, or would prejudice, the national security interests of the United Kingdom.

Information which has been supplied (whether to the person currently holding the information or to some other person) by—

  1. (a)

    the Security Service,

  2. (b)

    the Secret Intelligence Service,

  3. (c)

    GCHQ, or

  4. (d)

    any part of the following bodies which engages in intelligence activities—

    1. (i)

      His Majesty’s forces;

    2. (ii)

      the Ministry of Defence;

    3. (iii)

      the PSNI;

    4. (iv)

      a police force in Great Britain.

serious physical or mental harm

This has the meaning given in section 1.

serious Troubles-related offence

This has the meaning given in section 1.

subject to affirmative procedure

This has the meaning given in section 59(3).

subject to negative procedure

This has the meaning given in section 59(4).

subordinate legislation

An instrument made under primary legislation

transferred matter

This has the meaning given by section 4(1) of the Northern Ireland Act 1998.

transferred provision

This means provision which—

  1. (a)

    would be within the legislative competence of the Assembly if it were contained in an Act of the Northern Ireland Assembly, and

  2. (b)

    would deal with a transferred matter without being ancillary to other provision (whether in the Act or previously enacted) which deals with an excepted matter or reserved matter.

Here—

  1. (i)

    ancillary” has the meaning given insection 6(3) of the Northern Ireland Act 1998;

  2. (ii)

    a reference to provision dealingwith a matter is to be read in accordance withsection 98(2) of the Northern Ireland Act 1998.

the Troubles

This has the meaning given in section 1.

Troubles-related offence

This has the meaning given in section 1.

(2)

A reference in this Act to the day on which a provision of this Act comes into force is, in a case where that provision comes into force at different times for different purposes, a reference to the day on which that provision comes into force for all purposes.