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Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

Contents

Overview of the Act

  1. The Act seeks to address the legacy of the Troubles. It will:
    • Establish a new independent body, the Independent Commission for Reconciliation and Information Recovery (ICRIR). When requested to do so, this body will conduct investigations into deaths and very serious injuries which resulted from conduct forming part of the Troubles. In each case, the body will compile and publish a report of its findings. The ICRIR may also open an investigation into a death or very serious injury if an individual comes forward seeking immunity (see below) in relation to that specific death or injury, if it does not already have a live investigation ongoing. State bodies and agencies will be under a duty to give the ICRIR full disclosure of all relevant material that is reasonably required for it to fulfil its functions. The ICRIR will also produce a historical record of all remaining deaths (those in relation to which a request is not made) that occurred during the Troubles.
    • Require designated persons to carry out a programme of memorialisation work, including an oral history initiative. The aim is to provide a central place for people of all backgrounds to share their experiences and perspectives relating to the Troubles. The designated persons will also produce an evidence-based report within one year which will make a set of concrete recommendations for structures and initiatives to memorialise the Troubles.
    • Introduce a conditional immunity scheme, allowing those who cooperate with the ICRIR to receive immunity from prosecution for offences resulting in or connected with Troubles-related deaths and serious injuries. The ICRIR will be under a duty to grant immunity where certain conditions are met. In the event immunity is not granted to an individual, the ICRIR can continue its investigation and if the evidence permits, produce a file for prosecution which will be submitted to the relevant prosecutor. Individuals will be able to apply for immunity for conduct related to any relevant case where a decision to prosecute is yet to be made by prosecutors. Any cases where a decision to prosecute has been made will continue and it will not be possible for individuals to seek immunity.
    • Bar criminal investigations into Troubles related incidents by any organisation other than the ICRIR, and bar prosecutions for Troubles-related offences not involving death or serious injury, or which are not connected to offences involving death or serious injury.
    • Bar civil claims arising from conduct forming part of the Troubles and events between 1 January 1966 and 10 April 1998, where a claim has yet to be filed by the date of the Bill’s introduction. Those before the Bill’s introduction will continue.
    • Prohibit civil and criminal proceedings (relating to the quashing of convictions) and payment of compensation for miscarriages of justice which are based on interim custody orders made by junior Ministers having been unlawful.
    • Stop inquests which have not concluded by the 1 May 2024, but can be referred by families or coroners to the ICRIR for investigation.

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