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Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

Contents

Part 4: Memorialising the Troubles

Section 49: Oral history

  1. This section makes provision for an oral history initiative relating to the Troubles, taking forward measures proposed in the Stormont House Agreement.
  2. Subsection (1) requires relevant persons designated by the Secretary of State under section 56 section (the "designated persons") to, within one year (beginning with a date specified in regulations made by the Secretary of State under section 56), secure the carrying out of study of existing Troubles-related oral history collections in Northern Ireland. The designated persons are required to secure the creation, collection and preservation of Troubles-related oral history records, especially those relating to groups or communities that have been found to be historically under-represented in that study. Subsection (1) also requires the designated persons to secure that public engagement with Troubles-related oral history records is encouraged and facilitated, including by making such records more publicly accessible. They must also secure that a catalogue of such publicly accessible records is available online.
  3. Subsection (2) requires the designated persons, in complying with subsection (1), to secure that appropriate assistance is provided to existing organisations engaged in creating, collecting or preserving Troubles-related oral history records.
  4. Subsection (3) states that, when complying with subsection (1)(c), the designated persons must secure the arrangement of events and services - for example, public exhibitions.
  5. Subsection (4) states that the designated persons may, when carrying out the functions under subsection (1) in relation to oral history records, carry out those functions in relation to events which took place both before and after the period of the Troubles - for example, in order to include the oral histories of children discussing their experiences after the Troubles had ended.
  6. Subsection (5) states that, for the purposes of this section, a group or community in Northern Ireland is under-represented’ in current collections if the oral history records in current collections do not appropriately reflect the prevalence of that group or community in Northern Ireland society during the period of the Troubles.
  7. Subsection (6) defines terms used in this section, including "current collection"; "oral history record about events and conduct before or after the period of the Troubles"; "Troubles-related oral history record"; and "publicly accessible".
  8. Subsection (7) provides that, for the purposes of the work set out in this section, oral history records can include those contributed by a person in the UK, Ireland or elsewhere.

Section 50: The memorialisation strategy

  1. This section makes provision for a ‘memorialisation strategy’ - a report exploring existing and potential new ways of memorialising the Troubles in Northern Ireland.
  2. Subsection (1) requires designated persons (see section 56) to ensure a study is carried out evaluating memorialisation activities that are currently taking place. The designated persons must also ensure that recommendations are made about the carrying out of new memorialisation activities, and must ensure that a report is produced and published which includes the findings of the study and the recommendations. This report must be produced and published within one year (beginning with a date specified in regulations made by the Secretary of State under subsection 56) and presented to the Secretary of State.
  3. Subsection (2) sets the scope of the study provided for in subsection (1)(a), by defining relevant memorialisation activities as activities carried out in Northern Ireland for the purpose of making, commemorating, or providing information or education about events and conduct in Northern Ireland relating to the Troubles.
  4. Subsection (3) gives the designated persons discretion in determining the extent to which memorialising activities that relate to events taking place before or after the Troubles should be considered when carrying out the study and making recommendations.
  5. Subsection (4) states that the process by which the study is carried out and the recommendations are made must provide for consideration to be given to the following matters:
    1. how relevant memorialisation activities currently, or will in the future, promote reconciliation in Northern Ireland;
    2. how relevant memorialisation activities currently are, or will in the future be, relevant to people living in Northern Ireland;
    3. appropriate non-UK memorialisation activities (these are defined in subsection (8).
  6. Subsection (5) specifies that, in particular, consideration must be given to whether establishing a new museum, memorial or similar project should be recommended.
  7. Subsection (6) and subsection (7) requires the designated persons to ensure that interested persons (including organisations) or members of the public are able to contribute to the process by which the memorialisation strategy is produced, for example by facilitating a public consultation.

Section 51: Response to the memorialisation strategy

  1. Subsections (1) and (2) require the Secretary of State to consider and formally respond to each of the recommendations for new memorialisation activities in Northern Ireland that are made in the memorialisation strategy provided for in section 50. These responses must be published by the Secretary of State within one year of receiving the strategy, and following consultation with organisations that the Secretary of State considers to have expertise in carrying out or promoting activities that are intended to encourage reconciliation and anti-sectarianism, as well as with Northern Ireland departments that the Secretary of State considers appropriate.
  2. Subsection (3) defines the meaning of "recommendations" for the purposes of the section.

Section 52: Academic research

  1. This section makes provision for an academic ‘themes and patterns’ research initiative relating to the Troubles, taking forward measures proposed in the Stormont House Agreement.
  2. Subsection (1) requires that the designated persons (see section 56) must secure that terms of reference are set out for an academic research initiative relating to the Troubles. These terms must be set within one year (beginning with a date specified in regulations made by the Secretary of State under subsection 56). The designated persons must also secure that the academic research initiative is carried out in accordance with those terms of reference, and that a report on the outcome of the academic research is produced and published, with a copy given to the Secretary of State, before the end of the seventh year of the period of operation of the ICRIR.
  3. Subsection (2) requires the designated persons to seek to work with a UK Research and Innovation (UKRI) council, for example the Arts and Humanities Research Council, in complying with the duties under subsection (1). This may involve the UKRI delivering parts of this work on behalf of the designated persons, or in partnership with the designated persons.
  4. Subsection (3) requires that the academic research provided for in subsection (1) be carried out independently and in such a way as to secure public confidence in the endeavour.
  5. Subsection (4) provides that the terms of reference may allow researchers to consider relevant events and conduct that took place before or after the Troubles as part of the academic research, and may make provision about the criteria for identifying the kinds of events and conduct before or after the Troubles into which academic research is to be carried out.
  6. Subsection (5) provides that provision must be made in the terms of reference for researchers to take account of ICRIR family reports.
  7. Subsection (6) provides that the terms of reference for the academic research must require the production of an analysis or analyses of overarching themes and patterns relating to the Troubles While a list of specific themes to be studied is not included, under paragraph (b) of the subsection the terms of reference may include provision about criteria for identifying the kinds of themes or subject areas to be taken into account. The terms of reference must require that the thematic research include an analysis of women and girls’ experiences during the Troubles
  8. Subsections (7) and (8) require that the terms of reference provide for a statistical analysis of all ICRIR reports relating to a death, as well as the historical record (see sections 2(5)(f), 28 and 29). This analysis must set out, to the extent possible, t the number of deaths recorded in those reports and that record, an overview of the biographical attributes of the deceased, and an overview of the circumstances of the deaths.
  9. Subsection (9) defines various terms used in this section, such as ‘proscribed organisation’ and ‘ICRIR reports’.

Section 53: Annual reports

  1. Section 53 makes provision for annual reports to be produced and published by the designated persons (see section 50) on progress made in carrying out the Troubles-related work-programme. The Troubles-related work programme is defined in section 57 and means the functions imposed on the designated person under sections 49, 50 and 52 (see section 56).

Section 54: Carrying out the Troubles related work programme

  1. Section 54 makes provision relating to the carrying out of the Troubles-related work programme by designated persons. The Troubles-related work programme is defined in section 57 and means the functions imposed on those persons under sections 49, 50 and 52 - ‘oral history’, ‘memorialisation strategy’ and ‘academic research’ respectively.
  2. Subsection (1) requires the designated persons to consider the need to ensure there is cross-community support for the way in which the work programme is carried out, and that a variety of views of the Troubles is taken into account in carrying out that programme. The designated persons must also have regard to the need to ensure that the programme is carried out in a way that promotes reconciliation, anti-sectarianism, and non-recurrence of political and sectarian violence in Northern Ireland.
  3. Subsection (2) requires the designated persons to consider the views of the advisory forum, as provided for in section 55, when carrying out the Troubles-related work programme.
  4. Subsection (3) states that designated persons may make arrangements (‘operational arrangements’) about the way in which each of them will exercise their functions to secure that the Troubles-related work programme is carried out.
  5. Subsection (4) provides that designated persons must publish any current operational arrangements as soon as practicable after they are made or amended.

Section 55: The advisory forum

  1. This section makes provision for an advisory form to oversee and make recommendations to the designated persons when carrying out the Troubles-related work programme. Subsection (1) and (2) require the designated persons to use best endeavours to establish an advisory forum, having regard to the following:
    1. the need to ensure that the membership of the advisory forum includes persons who represent the views of victims and survivors of events and conduct forming part of the Troubles;
    2. the need to ensure that the membership of the advisory forum is balanced as respects those members who are associated with the different communities in Northern Ireland.
  2. Subsection (3) states that the duties imposed on designated persons by subsections (1) and (2) do not apply if a suitable advisory forum is already established before the day specified in regulations made by the Secretary of State for the purposes of commencing the Troubles-related work programme.
  3. Subsection (4) requires that any arrangements establishing the advisory forum, including the details of its membership, are published by the designated persons as soon as possible.

Section 56: Designated persons and funding

  1. This section concerns the designation of organisations to carry out work in this Part (the Troubles-related work programme) by the Secretary of State (the "designated persons").
  2. Subsection (1) gives the Secretary of State the power to make regulations designating a person to carry out the Troubles-related work programme. A person may only be designated under this section if the Secretary of State is satisfied that the person would make a significant contribution to the performance of the functions under sections 49, 50 and 52. Regulations made under this subsection are subject to the negative procedure in Parliament (see subsection (4)).
  3. Under subsection (2), when deciding whether to designate a person the Secretary of State must have regard to whether the person has appropriate support by different communities in Northern Ireland and whether the person will act independently of political or other influences. The Secretary of State must also consult with organisations that the Secretary of State considers to have expertise in carrying out or promoting reconciliation and anti-sectarianism.
  4. Under subsection (3), the regulations designating persons (under subsection (1)) may provide that a designated person is only required to perform a particular function or aspect of a function - for example, one organisation might be designated to carry out the oral history initiative in section 49, but not the memorialisation strategy in section 50. Regulations may also provide that a power of direction is not to be exercised in relation to designated organisations or their staff, in carrying out functions under this part.
  5. Subsection (5) gives the Secretary of State the power to make payments or provide other resources to, or in respect of, the designated persons.

Section 57: Interpretation of this Part

  1. This section defines terms and expressions used in this Part of the Act, including "initial period", "designated persons", and "Troubles-related work programme". Subsection 1 also provides that the "specified day" (the date on which the Troubles-related work programme is to begin) is to be contained in regulations made by the Secretary of State for the purposes of commencing the Troubles-related work programme (i.e. the commencement regulations for this Part).

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