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Northern Ireland Troubles (Legacy and Reconciliation) Act 2023

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This is the original version (as it was originally enacted).

Disclosure of sensitive information notified in advance to the Secretary of State

This section has no associated Explanatory Notes

4(1)A disclosure of sensitive information by the ICRIR is permitted if—

(a)the Commissioner for Investigations notifies the Secretary of State of the proposed disclosure, and

(b)the Secretary of State notifies the Commissioner for Investigations that the proposed disclosure is permitted.

(2)The Secretary of State must respond to a notification by the Commissioner for Investigations under this paragraph within the relevant decision period, by notifying that Commissioner that the proposed disclosure either—

(a)is permitted, or

(b)is prohibited.

(3)But the Secretary of State may notify the Commissioner for Investigations that the proposed disclosure is prohibited only if, in the Secretary of State’s view, the disclosure of the sensitive information would risk prejudicing, or would prejudice, the national security interests of the United Kingdom.

(4)If the Secretary of State notifies the Commissioner for Investigations that the proposed disclosure is prohibited—

(a)the Secretary of State must consider whether reasons for prohibiting it can be given without disclosing information which would risk prejudicing, or would prejudice, the national security interests of the United Kingdom; and

(b)if they can be given, the Secretary of State must give those reasons to the Commissioner for Investigations.

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