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

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

60 Interpretation

61 Application to the Crown

63 Commencement

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

Which version?
Latest available (Revised)
Original (As enacted)

PART 2The Independent Commission for Reconciliation and Information Recovery

Admissibility of information provided to the ICRIR

7Admissibility of material in criminal proceedings

(1)

This section applies in relation to criminal proceedings brought against a person (D).

(2)

Compelled material obtained from D may not be used in evidence against D.

(3)

If D has made an application for immunity from prosecution, the following material may not be used in evidence against D—

(a)

material provided by D to the ICRIR (including the immunity requests panel) in connection with the application;

(b)

material obtained (directly or indirectly) as a result of material provided as mentioned in paragraph (a).

(4)

Subsection (2) does not apply in relation to proceedings against D for an offence under paragraph 8(1)(a) of Schedule 4 (distortion of evidence); and subsections (2) and (3) do not apply in relation to proceedings against D for an offence under section 27 (false statements).

(5)

Any other material provided by, or obtained from, D for the purposes of, or in connection with, the exercise of any of the ICRIR’s functions may not be used in evidence against D unless exception 1 or 2 applies in relation to the material.

(6)

Exception 1: the material was provided to, or obtained by, an ICRIR officer designated under section 6(1) or (2).

(7)

Exception 2: the proceedings brought against D relate to—

(a)

the exercise by the ICRIR of any function,

(b)

any other conduct of the ICRIR,

(c)

the conduct of any current or former Commissioner, ICRIR officer or ICRIR contractor,

(d)

a person being appointed, or holding office, as a Commissioner, or

(e)

a person being employed or seconded as, or being, an ICRIR officer.

(8)

Where subsection (4) or exception 1 or 2 applies in relation to the material, this section does not affect the application to that material of any other legislation or rule of law relating to admissibility.

(9)

No evidence relating to any material inadmissible against D may be adduced, and no question relating to any material inadmissible against D may be asked by or on behalf of the prosecution, unless evidence relating to that material is adduced, or a question relating to that material is asked, in the proceedings by or on behalf of D.

(10)

This section applies in relation to material, and evidence or questions relating to material—

(a)

whether the material is in the form in which it was provided or obtained, or in some other form;

(b)

whether the material (in whatever form) is in the possession of the ICRIR or another person (whether obtained directly or indirectly from the ICRIR).

(11)

In this section—

“compelled material” means anything that has been obtained by the ICRIR from a person through the exercise of the ICRIR’s powers under section 14;

“material inadmissible against D”, in relation to criminal proceedings brought against D, means material that, by virtue of subsections (2) to (7), may not be used in evidence against D;

“other material” means any material other than—

(a)

compelled material obtained from D, and

(b)

material provided by D as mentioned in subsection (3)(a).