Northern Ireland Troubles Bill — Bill 310 2024-26 (as introduced)

Northern Ireland Troubles Bill
EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Northern Ireland Office, are published separately
as Bill 310—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Secretary Hilary Benn has made the following statement under section 19(1)(a) of the Human
Rights Act 1998:
In my view the provisions of the Northern Ireland Troubles Bill are compatible with the
Convention rights.
59/1 Bill 310

Northern Ireland Troubles Bill
[AS INTRODUCED]
CONTENTS
PART 1
INTRODUCTORY
1 Introduction
2 Meaning of “the Troubles” and related expressions
PART 2
THE LEGACY COMMISSION
The Commission, its officers and related persons
3 The Legacy Commission
4 The Commissioners
5 Directors of Investigations
6 Judicial panel members
7 Chief Executive Officer and other Legacy Commission officers
8 Victims and Survivors Advisory Group
9 Consultation about appointments
General duties and powers
10 Actions of the Legacy Commission and its officers: safeguards
11 Duty to exercise functions consistently with certain principles
12 Operational powers of Legacy Commission officers
Information
13 Full disclosure by relevant authorities to the Legacy Commission
14 Supply of information
15 Admissibility of material in criminal proceedings
16 Sensitive, prejudicial and protected international information
17 Disclosure of information: general power and prohibitions
18 Offence relating to disclosure of information
19 Legacy Commission’s use of information obtained by it
20 Guidance and protocols relating to information
21 Regulations about the holding and handling of information
59/1 Bill 310

Biometric material
22 Biometric material
Supplementary provision
23 Work plans and annual reports
24 Independent reports on Legacy Commission’s performance of its functions
25 Conclusion of the Legacy Commission’s work
PART 3
INVESTIGATIONS OF CONDUCT CAUSING DEATH AND OTHER HARM
General duties
26 Investigations: general duties
Requests for investigations
27 Requests for investigations by family members and seriously injured persons
28 Requests for investigations by public authorities
29 Requests for investigations: general
30 Accepting and rejecting requests for investigations
31 Dealing with subsequent requests for investigations
Investigations initiated by the Directors of Investigations
32 Power of the Directors of Investigations to initiate investigations
Carrying out investigations
33 Notifying family members and others about new investigations
34 Allocation of investigations
35 Managing the investigation caseload
36 Conduct of investigations
37 Notifying family members and others about conduct of investigations
Reports on the findings of investigations
38 Production of reports on the findings of investigations
39 Checks of reports for prejudicial material etc
40 Consultation on reports
41 Issuing and publication of reports
42 Final reports: supplementary provision
Referral to prosecutors
43 Referral to prosecutors
Conflicts of interest
44 Conflicts of interest: policy statement
Northern Ireland Troubles Bill ii

45 Conflicts of interest: officers to provide information
46 Role of Directors of Investigations in relation to conflicts of interest
47 Role of Chief Executive Officer in relation to conflicts of interest
PART 4
INQUISITORIAL PROCEEDINGS
Introduction
48 Inquisitorial proceedings
49 No determination of liability
50 Deaths to be examined
Conduct of inquisitorial proceedings
51 Conduct of inquisitorial proceedings
52 Notifying family members about new inquisitorial proceedings
53 Core participants
54 Evidence via live link
55 Public access to proceedings and information
56 Restrictions on public access etc
57 Restriction notices and orders: further provision
58 Restriction notices and orders: enforcement
59 Legal representation and other expenses
60 Regulations about procedure and evidence
Referral to prosecutors
61 Referral to prosecutors
Reports on the findings of inquisitorial proceedings
62 Production of report on the findings of proceedings
63 Checks of reports for prejudicial material etc
64 Consultation on reports
65 Publication of reports
66 Final reports: supplementary provisions
PART 5
INVESTIGATIONS AND INQUISITORIAL PROCEEDINGS: GENERAL
Personal statements
67 Personal statements by persons affected by deaths etc
68 Publication of personal statements
Welfare of witnesses etc
69 Duty to have regard to welfare of witnesses etc
iii Northern Ireland Troubles Bill

Referrals to the Police Ombudsman for Northern Ireland
70 Referral to the Police Ombudsman for Northern Ireland
71 Investigation by the Ombudsman following section 70 referral
PART 6
THE INDEPENDENT COMMISSION ON INFORMATION RETRIEVAL
The ICIR and its remit
72 The Independent Commission on Information Retrieval
73 Information about deaths
Requests for information about deaths
74 Requests by families for information
75 Accepting and rejecting requests for information
76 Reports for families
77 Reports for families: safeguards
78 Communication between the ICIR and Legacy Commission
Offences
79 Unauthorised disclosure of family report by member of the ICIR
80 Unauthorised disclosure of information by member of the ICIR etc
Supplementary provision
81 Legal privileges
82 Annual reports
83 Conclusion of the ICIR’s work
PART 7
INQUESTS
84 Stopped inquests in Northern Ireland
85 Inquests directed by Law Officers after winding up of Legacy Commission
PART 8
FURTHER PROVISION RELATING TO THE TROUBLES
The historical record of deaths
86 Production of the historical record
87 Publication of the historical record
Criminal investigations
88 Relaxation of restriction on criminal investigations by police forces etc
Northern Ireland Troubles Bill iv

Interim custody orders
89 Interim custody orders
90 Interim custody orders: supplementary
PART 9
GENERAL
91 Consequential provision
92 Regulations
93 Meaning of “close family member” of deceased person
94 Interpretation of Act
95 Application to the Crown
96 Extent
97 Commencement
98 Short title
The Legacy Commission etc Schedule 1 —
The Legacy Commission and its oversight board Part 1 —
The Commissioners Part 2 —
Directors of Investigations Part 3 —
Judicial panel members Part 4 —
Legacy Commission officers Part 5 —
Operational powers of Legacy Commission officers Schedule 2 —
Supply of information: enforcement Schedule 3 —
Failure to comply with a notice Part 1 —
Distortion or suppression of evidence etc Part 2 —
Identification of sensitive, prejudicial or protected international
information
Schedule 4 —
Permitted disclosures of information Schedule 5 —
Disclosures that are “permitted” Part 1 —
Decisions to prohibit disclosures of sensitive information Part 2 —
Minor and consequential amendments Schedule 6 —
v Northern Ireland Troubles Bill

[AS INTRODUCED]
A
BILL
TO
make new provision to address the legacy of the Northern Ireland Troubles.
B
E IT ENACTED by the King’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
PART 1
INTRODUCTORY
1 Introduction
(1)
5
This Act reforms the governance and functions of the Independent Commission
for Reconciliation and Information Recovery.
(2) That body continues in existence but is renamed the Legacy Commission.
(3) Part 2 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023,
including Schedules 1 to 8 to that Act, is repealed.
(4) This Act also—
10(a) makes provision about the Independent Commission on Information
Retrieval;
(b) makes provision about inquests;
(c) makes further provision relating to the Troubles.
2 Meaning of “the Troubles” and related expressions
15(1) In this Act “the Troubles” means the events and conduct that related to
Northern Ireland affairs and occurred during the period—
(a) beginning with 1 January 1966, and
(b) ending with 10 April 1998.
(2)
20
That includes any event or conduct during that period which was connected
with—
(a) preventing,
(b) investigating, or
(c) otherwise dealing with the consequences of,
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1 Northern Ireland Troubles Bill
Part 1—Introductory

any other event or conduct relating to Northern Ireland affairs.
(3) Accordingly, in this Act an event or conduct “forming part of the Troubles”
is an event or conduct that falls within subsection (1) (including any of a kind
described in subsection (2)).
5(4) In this Act “conduct” includes an act or an omission.
(5) For the purposes of this Act, a death was “caused directly” by conduct forming
part of the Troubles if—
(a) the death was wholly caused by physical injuries or physical illness,
10
or a combination of both, that resulted directly from an act of violence
or force, and
(b) the act of violence or force was conduct forming part of the Troubles.
(6) For the purposes of this section—
(a) it does not matter if an event or conduct occurred in Northern Ireland,
in another part of the United Kingdom, or elsewhere;
15(b) “Northern Ireland affairs” means—
(i) the constitutional status of Northern Ireland, or
(ii) political or sectarian hostility between people in Northern
Ireland.
PART 2
20THE LEGACY COMMISSION
The Commission, its officers and related persons
3 The Legacy Commission
(1) The Legacy Commission consists of—
(a)
25
the Legacy Commissioner (who is to be the chair of the Legacy
Commission),
(b) between two and five other Commissioners,
(c) two Directors of Investigations (see section 5),
(d) the judicial panel members (see section 6), and
(e) the Chief Executive Officer (see section 7).
30(2) The Legacy Commission’s principal functions are—
(a) to carry out investigations under Part 3 of conduct forming part of
the Troubles that caused death or harm, and to publish reports on the
findings of those investigations;
(b)
35
to carry out inquisitorial proceedings under Part 4 examining the
circumstances of a person’s death, where that death was caused by
conduct forming part of the Troubles, and to publish reports on the
findings of those proceedings;
(c) to publish personal statements under section 68 (personal statements
by persons affected by deaths etc);
Northern Ireland Troubles Bill 2
Part 2—The Legacy Commission

(d) to produce and publish a record of deaths caused by conduct forming
part of the Troubles (see sections 86 and 87).
(3) In exercising its functions, the Legacy Commission must have regard to the
need to secure public confidence in its work.
5(4) The Legacy Commission is to have a board (“the oversight board”) consisting
of—
(a) the Commissioners, and
(b) the Chief Executive Officer.
(5) The oversight board’s principal functions are—
10(a) to set the strategic priorities and objectives for the Legacy Commission
in exercising its functions (including functions conferred on Directors
of Investigations and judicial panel members),
(b) to scrutinise the exercise of those functions against those priorities and
objectives,
15(c) to oversee the work of Legacy Commission officers,
(d) to authorise itself, persons mentioned in subsection (1)(a) to (e), and
Legacy Commission officers to exercise functions conferred on the
Legacy Commission (see paragraph 5 of Schedule 1), and
(e) to exercise any such functions which it has authorised itself to exercise.
20(6) The Secretary of State may make payments or provide other resources to, or in respect
of, the Legacy Commission in connection with the exercise of the Legacy Commission’s
functions.
(7) Part 1 of Schedule 1 makes further provision about the Legacy Commission
and the oversight board.
254 The Commissioners
(1) The Commissioners are to be appointed by the Secretary of State.
(2) In exercising the power under subsection (1), the Secretary of State must so
far as practicable ensure that one or more of the Commissioners have
30
experience gained outside the United Kingdom that is relevant to the work
of the Legacy Commission under Parts 3 and 4.
(3) Part 2 of Schedule 1 makes further provision about the Commissioners.
5 Directors of Investigations
(1) The Secretary of State must appoint two persons to be Directors of
Investigations.
35(2) In exercising the power under subsection (1), the Secretary of State must so
far as practicable ensure that—
(a) one of the Directors has experience of conducting criminal
investigations in Northern Ireland, and
3 Northern Ireland Troubles Bill
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(b) the other Director does not have that experience but has experience
of conducting criminal investigations outside Northern Ireland.
(3) Part 3 of Schedule 1 makes further provision about Directors of Investigations.
6 Judicial panel members
5(1) The Secretary of State must appoint persons to be members of the Legacy
Commission judicial panel.
(2) A person may be appointed only if they hold or have held high judicial office
within the meaning of Part 3 of the Constitutional Reform Act 2005 (see
section 60(2) of that Act).
10(3) The Secretary of State must appoint one of the judicial panel members as the
senior judicial panel member.
(4) Where the person appointed under subsection (3) ceases to be a judicial panel
member, they also cease to be the senior judicial panel member.
(5) Part 4 of Schedule 1 makes further provision about judicial panel members.
157 Chief Executive Officer and other Legacy Commission officers
(1) The Legacy Commission must employ a person to be, or make arrangements
for a person to be seconded to serve as, its Chief Executive Officer.
(2) The Legacy Commission may employ other persons to be officers of the
Legacy Commission.
20(3) The Legacy Commission may make arrangements for other persons to be
seconded to serve as officers of the Legacy Commission.
(4) In exercising the powers under subsections (2) and (3), the Legacy Commission
must so far as practicable ensure that the officers of the Commission include—
(a)
25
persons who have experience of conducting criminal investigations in
Northern Ireland,
(b) persons who do not have that experience but have experience of
conducting criminal investigations outside Northern Ireland, and
(c) persons who are capable of providing assistance to judicial panel
members.
30(5) In this Act “Legacy Commission officers” means—
(a) the Directors of Investigations,
(b) the Chief Executive Officer, and
(c) anyone else employed or seconded under this section.
(6)
35
Part 5 of Schedule 1 makes further provision about Legacy Commission
officers.
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8 Victims and Survivors Advisory Group
(1) The Secretary of State must establish a group, to be called the Victims and
Survivors Advisory Group (“the Group”).
(2)
5
The Group’s purpose is to provide general advice to the Legacy Commission
and the Secretary of State about exercising their functions under this Act in
such a way as to meet the needs and uphold the rights and interests of victims
and survivors of conduct forming part of the Troubles and their family
members.
(3)
10
The Group is to consist of at least 3 but not more than 7 members appointed
by the Secretary of State (one of whom is to be appointed chair).
(4) The Secretary of State must so far as practicable ensure that—
(a) the members include—
(i) one or more victims and survivors of conduct forming part of
the Troubles, and
15(ii) one or more persons appearing to the Secretary of State to
represent the interests of victims and survivors of such conduct,
and
(b) membership is balanced as respects associations with the different
communities in Northern Ireland.
20(5) In this section references to victims and survivors include victims and
survivors who were members of the armed forces or a police force.
(6) Each member is to hold and vacate office in accordance with the terms and
conditions of their appointment.
(7) The Secretary of State must—
25(a) give the Group a document setting out proposed terms of reference
for the Group (which are to describe the scope of its work),
(b) inform the Group of the period for making representations to the
Secretary of State about the proposed terms of reference,
(c)
30
when finalising the terms of reference, take account of any
representations made by the Group within that period, and
(d) give the Group, and publish, the finalised terms of reference.
(8) When exercising functions under this Act, the Legacy Commission and the
Secretary of State must have regard to the views given to them by the Group
in accordance with its terms of reference.
359 Consultation about appointments
(1) The Secretary of State must publish a list of persons that the Secretary of
State will consult about the making of a relevant appointment.
(2) Different lists may be published in respect of different kinds of relevant
appointment.
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(3) The Secretary of State may revise any list published under this section (and
must publish any revised list).
(4) Before making a relevant appointment, the Secretary of State must consult
the persons appearing on the relevant list.
5(5) In this section “relevant appointment” means an appointment under any of
the following—
(a) section 4 (Commissioners);
(b) section 5 (Directors of Investigations);
(c) section 6 (judicial panel members);
10(d) section 8 (members of Victims and Survivors Advisory Group).
(6) In this section “the relevant list” means the list published under this section
that applies to the relevant appointment in question.
General duties and powers
10 Actions of the Legacy Commission and its officers: safeguards
15(1) The Legacy Commission must not do anything which—
(a) would risk damaging, or would damage, the national security interests
of the United Kingdom,
(b) would risk putting, or would put, the life or safety of any person at
risk, or
20(c) would risk having, or would have, a prejudicial effect on any actual
or prospective criminal proceedings in any part of the United Kingdom.
(2) The duty in subsection (1) also applies to a relevant Legacy Commission
officer who is carrying out work in connection with an investigation under
Part 3 or inquisitorial proceedings.
25(3) For the purposes of subsection (1)(c) criminal proceedings are “prospective”
at any time if, in the view of the Legacy Commission, the proceedings are
likely to be brought within a reasonable period after that time.
(4) For provision about the way in which subsection (1) operates in relation to
disclosures of information, see section 17(2) to (8).
30(5) In this section “relevant Legacy Commission officer” means a Legacy
Commission officer who is not a Director of Investigations or the Chief
Executive Officer.
11 Duty to exercise functions consistently with certain principles
(1)
35
The Legacy Commission must, in exercising a function under this Act, do so
in a way that is consistent with the following principles—
(a) the principle that reconciliation should be promoted;
(b) the principle that the rule of law should be upheld;
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(c) the principle that the suffering of victims and survivors should be
acknowledged;
(d) the principle that the pursuit of justice and the recovery of information
should be facilitated;
5(e) the principle that human rights should be respected;
(f) the principle that the approach to dealing with Northern Ireland’s
past should be balanced, proportionate, transparent, fair and equitable.
(2) A relevant Legacy Commission officer must, in exercising a function under
10
this Act in connection with an investigation under Part 3 or inquisitorial
proceedings, do so in a way that is consistent with those principles.
(3) In this section “relevant Legacy Commission officer” has the meaning given
by section 10.
12 Operational powers of Legacy Commission officers
(1)
15
A Director of Investigations is (by virtue of this subsection) designated as a
person having the powers and privileges of a constable.
(2) A Director of Investigations may designate any other Legacy Commission
officer as a person having the powers and privileges of a constable, if they
are satisfied that the Legacy Commission officer—
(a) is capable of effectively exercising those powers and privileges,
20(b) has received adequate training in respect of the exercise of those
powers and privileges, and
(c) is otherwise a suitable person to exercise those powers and privileges.
(3) The powers and privileges of a constable which a Legacy Commission officer
25
has by virtue of a designation under this section may be exercised for the
purposes of, or in connection with, any function of the Legacy Commission
(including any function conferred on a Director of Investigations or a judicial
panel member) except its functions under sections 86 and 87 (production of
historical record of deaths).
(4)
30
Schedule 2 contains further provision about the operational powers of Legacy
Commission officers.
Information
13 Full disclosure by relevant authorities to the Legacy Commission
(1) A relevant authority must make available to the Legacy Commission such
information, documents and other things as—
35(a) a Director of Investigations may require for the purposes of, or in
connection with, an investigation under Part 3 allocated to them;
(b) a judicial panel member may require for the purposes of, or in
connection with, inquisitorial proceedings allocated to them.
7 Northern Ireland Troubles Bill
Part 2—The Legacy Commission

(2) A relevant authority may also make available to the Legacy Commission any
information, documents and other things which, in the view of that authority,
may be needed for the purposes of, or in connection with, an investigation
under Part 3 or inquisitorial proceedings.
5(3) Information required by a person to be made available under subsection (1)
is to be made available in such manner as that person may require.
(4) Subject to that, it is for the relevant authority and the relevant person to agree
the manner in which information, a document or other thing is to be made
available under this section.
10(5) A requirement under subsection (3) may (in particular) require, and an
agreement under subsection (4) may (in particular) provide, that the relevant
authority is to—
(a) give the information, document or other thing to the Legacy
Commission;
15(b) give a copy of the information, document or other thing to the Legacy
Commission;
(c) allow the Legacy Commission to access the information, document or
other thing while it is held by the relevant authority.
(6)
20
A requirement under subsection (3) (including anything required by virtue
of subsection (5)) must be consistent with any regulations under section 21.
(7) A relevant person may require any of the following persons to give the Legacy
Commission such assistance as is reasonable for the purposes of, or in
connection with, the effective use of information, documents and other things
made available by that person under this section—
25(a) the Chief Constable of the PSNI;
(b) any other chief officer of a police force;
(c) the Police Ombudsman for Northern Ireland;
(d) the Director General of the Independent Office for Police Conduct;
(e) the Police Investigations and Review Commissioner.
30(8) A relevant authority does not contravene—
(a) any obligation of confidence owed by the relevant authority, or
(b) any other restriction on the disclosure of information (however
imposed),
35
by making information, documents and other things available under this
section.
(9) In this section “relevant person” means—
(a) in relation to an investigation under Part 3, the Director of
Investigations to whom the investigation is allocated;
(b)
40
in relation to inquisitorial proceedings, the judicial panel member to
whom the proceedings are allocated.
(10) In this Act “relevant authority” means any of the following—
(a) the Chief Constable of the PSNI;
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(b) any other chief officer of a police force;
(c) the Public Prosecution Service for Northern Ireland;
(d) the Police Ombudsman for Northern Ireland;
(e) the Director General of the Independent Office for Police Conduct;
5(f) the Police Investigations and Review Commissioner;
(g) any Minister of the Crown (within the meaning of the Ministers of
the Crown Act 1975);
(h) the Security Service;
(i) the Secret Intelligence Service;
10(j) GCHQ (within the meaning of the Intelligence Services Act 1994);
(k) any other department of the United Kingdom government (including
a non-ministerial department);
(l) a Northern Ireland department;
(m) the Scottish Ministers;
15(n) any of the armed forces.
14 Supply of information
(1) The powers conferred by subsections (2) and (3) may be exercised—
(a) by a Director of Investigations, for the purposes of, or in connection
with, an investigation under Part 3 allocated to them;
20(b) by a judicial panel member, for the purposes of, or in connection with,
inquisitorial proceedings allocated to them.
In the following provisions of this section, “the relevant person” means the
person exercising those powers.
(2)
25
The relevant person may by notice require a person to attend at a time and
place stated in the notice—
(a) to provide information;
(b) to produce any documents in the person’s custody or under the
person’s control;
(c)
30
to produce any other thing in the person’s custody or under the
person’s control for inspection, examination or testing.
(3) The relevant person may by notice require a person, within such period as
appears to the relevant person to be reasonable—
(a) to provide evidence in the form of a written statement;
(b)
35
to produce any documents in the person’s custody or under the
person’s control;
(c) to produce any other thing in the person’s custody or under the
person’s control for inspection, examination or testing.
(4) A notice under this section must—
(a) explain the possible consequences of not complying with the notice;
40(b) indicate what the recipient of the notice should do to make a claim
under subsection (5).
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(5) A claim by a person that—
(a) the person is unable to comply with a notice under this section, or
(b) it is not reasonable in all the circumstances to require the person to
comply with such a notice,
5is to be determined by the relevant person, who may revoke or vary the
notice on that ground (or leave it unchanged).
(6) In deciding whether to revoke or vary a notice on the ground mentioned in
subsection (5)(b), the relevant person must consider the public interest in the
10
information in question being obtained, having regard to the likely importance
of the information.
(7) A claim by a relevant authority that the Legacy Commission—
(a) would contravene section 10(1)(a) or (b) if the person given a notice
under this section was required to comply with the notice, but
(b)
15
would not contravene section 10(1)(a) or (b) if a different person
nominated by the relevant authority were instead required to comply
with that notice,
is to be determined by the relevant person, who may vary the notice, so as
to require the person nominated under paragraph (b) to comply with it, or
revoke the notice (or leave it unchanged).
20(8) For the purposes of this section a thing is under a person’s control if it is in
the person’s possession or if the person has a right to possession of it.
(9) Schedule 3 makes provision about enforcement of notices under this section.
15 Admissibility of material in criminal proceedings
(1)
25
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) Subsection (2) does not apply in relation to proceedings against D for an
offence under paragraph 8(1)(a) of Schedule 3 (distortion of evidence etc).
30(4) Any material that—
(a) was provided by, or obtained from, D for the purposes of, or in
connection with, the exercise of any of the Legacy Commission’s
functions (including any function conferred on a Director of
Investigations or a judicial panel member), and
35(b) is not compelled material,
may not be used in evidence against D unless exception 1 or 2 applies in
relation to the material.
(5) Exception 1: the material was provided to, or obtained by, a Legacy
Commission officer designated under section 12.
40(6) Exception 2: the proceedings brought against D relate to—
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(a) the exercise by the Legacy Commission of any function (including any
function conferred on a Director of Investigations or judicial panel
member),
(b) any other conduct of the Legacy Commission,
5(c) the conduct of any current or former Commissioner, judicial panel
member, Legacy Commission officer or Legacy Commission contractor,
(d) a person being appointed, or holding office, as a Commissioner,
Director of Investigations or judicial panel member, or
(e)
10
a person being employed or seconded as, or being, a Legacy
Commission officer.
(7) Where subsection (3) 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.
(8)
15
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.
(9)
20
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
25
Legacy Commission or another person (whether obtained directly or
indirectly from the Legacy Commission).
(10) In this section—
“compelled material” means anything that has been obtained by the
Legacy Commission from a person through the exercise of the powers
under section 14;
30“material inadmissible against D”, in relation to criminal proceedings
brought against D, means material that, by virtue of subsections (2)
to (6), may not be used in evidence against D.
16 Sensitive, prejudicial and protected international information
(1) In this Act—
35“sensitive information” means information which, if disclosed generally,
would risk damaging, or would damage, the national security interests
of the United Kingdom;
“prejudicial information” means information which, if disclosed
generally—
40(a) would risk putting, or would put, the life or safety of any
person at risk, or
11 Northern Ireland Troubles Bill
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(b) would risk having, or would have, a prejudicial effect on any
actual or prospective criminal proceedings in any part of the
United Kingdom,
5
(and criminal proceedings are “prospective” at any time if, in the view
of the person considering whether information is prejudicial
information, the proceedings are likely to be brought within a
reasonable period after that time);
“protected international information” means information which—
(a)
10
was supplied to any person by, or by an agency of, the
government of a country or territory outside the United
Kingdom, and
(b) if disclosed generally might, in the opinion of the Secretary of
State, damage international relations.
(2)
15
Schedule 4 makes provision about the identification of sensitive, prejudicial
or protected international information.
17 Disclosure of information: general power and prohibitions
(1) The Legacy Commission may disclose any information held by it to any other
person.
(2)
20
A disclosure of information by the Legacy Commission (under this section
or any other power or duty) must not be made if any of prohibitions A to E
applies to the disclosure or information concerned.
(3) But prohibitions A to D do not apply to a disclosure of information if it is
permitted by Schedule 5.
(4)
25
Prohibition A: the Legacy Commission has identified the information as
sensitive information (see paragraph 1 of Schedule 4).
(5) Prohibition B: a relevant authority has notified the Legacy Commission that
the information has been identified as sensitive information (see paragraphs
2 and 3 of Schedule 4).
(6)
30
Prohibition C: the Secretary of State has notified the Legacy Commission that
the information has been identified as protected international information
(see paragraph 5 of Schedule 4).
(7) Prohibition D: the Legacy Commission would otherwise contravene the duty
imposed under section 10(1) by making the disclosure.
(8)
35
Prohibition E: the disclosure is prohibited by any of Parts 1 to 7, or Chapter
1 of Part 9, of the Investigatory Powers Act 2016.
(9) Subsection (1) is subject to any restriction notice or a restriction order (within
the meaning given by section 56(2)) given or made in connection with
inquisitorial proceedings.
(10)
40
Schedule 5 sets out which disclosures are permitted for the purposes of this
section and makes provision about decisions to prohibit disclosures of sensitive
information.
Northern Ireland Troubles Bill 12
Part 2—The Legacy Commission

18 Offence relating to disclosure of information
(1) A person who is or was a relevant person commits an offence if—
(a) the person discloses (in any part of the world) information which the
person obtained as a relevant person, and
5(b) the disclosure would, if it had been made by the Legacy Commission,
have contravened a relevant prohibition on disclosure.
(2) In this section—
“relevant person” means—
(a) a Commissioner,
10(b) a Director of Investigations,
(c) a judicial panel member,
(d) the Chief Executive Officer,
(e) a Legacy Commission officer not within paragraph (b) or (d),
or
15(f) a Legacy Commission contractor;
“relevant prohibition on disclosure” means a prohibition on disclosure
of information imposed under section 17(2)—
(a) where any of prohibitions A to C in section 17 applies, or
(b)
20
where prohibition D in that section applies because the
disclosure contravenes the duty imposed under section 10(1)(a)
or (b).
(3) Subsection (1) does not apply to the communication of information by a
person to another person in that other person’s capacity as a relevant person.
(4)
25
It is a defence for a person charged with an offence under this section to
prove that at the time of the alleged offence the person did not know, and
had no reasonable cause to believe, that the disclosure would, if it had been
made by the Legacy Commission, have contravened a relevant prohibition
on disclosure.
(5) A person who commits an offence under this section is liable—
30(a) on conviction on indictment, to imprisonment for a term not exceeding
2 years or a fine (or both);
(b) on summary conviction in Northern Ireland, to imprisonment for a
term not exceeding 6 months or a fine not exceeding the statutory
maximum (or both);
35(c) on summary conviction in England and Wales, to imprisonment for
a term not exceeding the general limit in a magistrates’ court or a fine
(or both);
(d) on summary conviction in Scotland, to imprisonment for a term not
40
exceeding 12 months or a fine not exceeding the statutory maximum
(or both).
(6) In this Act “Legacy Commission contractor” means a person providing, or
being employed in the provision of, goods or services for the purposes of the
Legacy Commission.
13 Northern Ireland Troubles Bill
Part 2—The Legacy Commission

19 Legacy Commission’s use of information obtained by it
(1) Information that has been obtained by the Legacy Commission—
(a) under section 13, or
(b) through the exercise of police powers,
5may be used by the Legacy Commission for the purposes of, or in connection
with, the exercise of any function of the Legacy Commission (including any
function conferred on a Director of Investigations or a judicial panel member)
except its functions under sections 86 and 87 (production of historical record).
(2)
10
Information that has been obtained by the Legacy Commission under section
14 may be used by the Legacy Commission only for the purposes of, or in
connection with, the exercise of its functions under Part 3 or 4.
(3) Subsections (1) and (2) do not authorise the Legacy Commission to disclose
information to any other person.
(4) Subsections (1) and (2) do not apply to any information once it has been—
15(a) contained in a final report produced in accordance with section 38 or
62, or
(b) published by the Legacy Commission (otherwise than in a final report)
in accordance with the provisions of this Act.
(5) This section does not limit the application of section 10.
20(6) In this section “police powers” means the powers and privileges of a constable
which a Legacy Commission officer has by virtue of a designation under
section 12.
20 Guidance and protocols relating to information
(1)
25
The Secretary of State may give guidance to the Legacy Commission about
the exercise of its functions in accordance with section 10(1)(a).
(2) The Legacy Commission must have regard to any guidance given under
subsection (1) in exercising the functions to which the guidance relates.
(3) An information disclosure protocol may be agreed between—
(a) the Directors of Investigations acting jointly, and
30(b) one or more of—
(i) the relevant authorities, and
(ii) the persons listed in paragraph 4(2) of Schedule 5.
(4) An “information disclosure protocol” is a document dealing with a framework
for the disclosure of information by, or to, the Legacy Commission.
3521 Regulations about the holding and handling of information
(1) The Secretary of State may, by regulations, make provision about the holding
and handling of information by the Legacy Commission.
(2) The regulations may (in particular)—
Northern Ireland Troubles Bill 14
Part 2—The Legacy Commission

(a) make provision about notifications to be given by the Legacy
Commission in respect of information held by the Legacy Commission;
(b) make provision about measures for holding and handling information
5
securely (including physical, electronic, organisational or systemic
measures);
(c) in relation to information which is to cease to be held by the Legacy
Commission, make provision about the destruction or transfer of the
information;
(d) make provision about guidance or consultation;
10(e) confer functions on the Secretary of State or any other person (as well
as on the Legacy Commission);
(f) create criminal offences.
(3) The information about which the regulations may make provision includes
information which (in accordance with Schedule 4)—
15(a) the Legacy Commission has identified as prejudicial information or
sensitive information,
(b) a relevant authority has identified as, and notified the Legacy
Commission as being, prejudicial information or sensitive information,
or
20(c) the Secretary of State has identified as, and notified the Legacy
Commission as being, protected international information.
(4) A criminal offence created under subsection (2)(f)—
(a) may only apply to the conduct of a person who is or has been—
(i) a Commissioner,
25(ii) a Director of Investigations,
(iii) a judicial panel member,
(iv) the Chief Executive Officer,
(v) a Legacy Commission officer not within sub-paragraph (ii) or
(iv), or
30(vi) a Legacy Commission contractor;
(b) may not impose a penalty that is greater than a penalty that may be
imposed for an offence under section 18.
(5) Regulations under this section are subject to negative procedure.
Biometric material
3522 Biometric material
(1) The Secretary of State may by regulations—
(a) designate a collection of biometric material, or part of such a collection,
for the purposes of this section;
(b)
40
provide for biometric material in designated collections not to be
destroyed if destruction of the material would otherwise be required
by any of the destruction provisions;
15 Northern Ireland Troubles Bill
Part 2—The Legacy Commission

(c) provide for preserved material to be retained;
(d) provide for preserved material to be used for the purposes of, or in
connection with, the exercise of any Legacy Commission function
5
except its functions under sections 86 and 87 (producing the historical
record);
(e) provide for preserved material to be destroyed.
(2) If regulations provide for the retention of preserved material, the Secretary
of State must, by regulations, require—
(a)
10
that periodic reviews of the need to retain the material are carried out
by the Legacy Commission;
(b) that the material is destroyed by no later than the end of a reasonable
period after the conclusion of the Legacy Commission’s work in
connection with its functions other than those under sections 86 and
87.
15(3) Regulations made under this section are subject to negative procedure.
(4) In this section—
“biometric material” means a record of—
(a) a DNA profile based on a DNA sample taken before 31 October
2013, or
20(b) fingerprints taken before 31 October 2013;
“destruction provisions” means—
(a) Article 63B of the Police and Criminal Evidence (Northern
Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),
(b)
25
Article 64 of the Police and Criminal Evidence (Northern
Ireland) Order 1989,
(c) any provision of Part 1 of Schedule 8 to the Terrorism Act 2000
which requires the destruction of biometric material,
(d) paragraph 8 of Schedule 4 to the International Criminal Court
Act 2001,
30(e) any provision of sections 18 to 18E of the Counter-Terrorism
Act 2008 which requires the destruction of biometric material,
(f) any provision of Schedule 6 to the Terrorism Prevention and
Investigation Measures Act 2011 which requires the destruction
of biometric material,
35(g) section 18G of the Criminal Procedure (Scotland) Act 1995, and
(h) section 18(3) to (5) of the Criminal Procedure (Scotland) Act
1995 as applied by paragraph 7 of Schedule 4 to the
International Criminal Court (Scotland) Act 2001 (asp 13);
40
“preserved material” means biometric material in a designated collection
which, by virtue of regulations made under subsection (1)(b), has not
been destroyed (as would otherwise have been required by any of the
destruction provisions).
Northern Ireland Troubles Bill 16
Part 2—The Legacy Commission

Supplementary provision
23 Work plans and annual reports
(1) At least 3 months before the start of a financial year, the Legacy Commission
must—
5(a) produce and publish a work plan for that year, and
(b) give a copy of the plan to the Secretary of State.
(2) A work plan must deal with the following matters—
(a) the caseload which the Legacy Commission is expecting;
(b)
10
the plans which the Legacy Commission has for dealing with its
caseload;
(c) the plans which the Legacy Commission has for engaging with persons
entitled to make requests for investigations under Part 3;
(d) policies which the Legacy Commission is planning to introduce, review
or change;
15(e) such other matters as the Legacy Commission considers appropriate.
(3) Within 6 months of the end of a financial year, the Legacy Commission must—
(a) produce and publish an annual report in relation to that year, and
(b) give a copy of the annual report to the Secretary of State.
(4) An annual report must deal with the following matters—
20(a) the finances of the Legacy Commission;
(b) the administration of the Legacy Commission;
(c) the volume of information received by the Legacy Commission in that
year;
(d)
25
the number of requests for investigations under Part 3 that have been
made in that year;
(e) the number of investigations under Part 3 initiated by the Directors
of Investigations in that year;
(f) the number of final reports on the findings of investigations under
Part 3 that have been published in that year;
30(g) the number of inquisitorial proceedings that are active (within the
meaning given by section 30(6)(b)) in that year;
(h) the number of final reports on the findings of inquisitorial proceedings
that have been published in that year;
(i)
35
progress made in that year in producing the historical record (under
sections 86 and 87);
(j) such other matters as the Legacy Commission considers appropriate.
(5) “Financial year”, in relation to the Legacy Commission, means each period
of one year which ends with 31 March.
17 Northern Ireland Troubles Bill
Part 2—The Legacy Commission

24 Independent reports on Legacy Commission’s performance of its functions
(1) As regards each relevant day, the Secretary of State must appoint an
independent person to carry out a review, by the relevant day, of the
5
performance of Legacy Commission functions (including functions conferred
on Directors of Investigations and judicial panel members).
(2) On completion of the review, the appointed person must give a report, setting
out the result of the review, to the Secretary of State and the Legacy
Commission.
(3)
10
As soon as practicable after receiving a report, the Legacy Commission must
give to the Secretary of State a document setting out its response to the report.
(4) The Secretary of State must lay a copy of the report, and the response to it,
before Parliament.
(5) The Secretary of State may make payments to a person appointed under this
section.
15(6) In this section “independent person” means a person appearing to the Secretary
of State to be independent of the Secretary of State and the Legacy
Commission.
(7) In this section “relevant day” means the day that is—
(a) 2 years after the day on which this Act is passed,
20(b) 5 years after that day, or
(c) 7 years after that day.
25 Conclusion of the Legacy Commission’s work
(1) The Secretary of State may, by regulations, make provision for winding up the Legacy
25
Commission if the Secretary of State is satisfied that the need for the exercise of
Legacy Commission functions (including functions conferred on Directors of
Investigations and judicial panel members) has ceased.
(2) Regulations under subsection (1) may (in particular) make provision for the transfer
of property, rights and liabilities (whether or not otherwise capable of being
transferred), including any acquired or arising after the regulations are made.
30(3) Regulations under subsection (1) may (in particular) repeal or otherwise
amend any provision of this Part other than—
(a) this section;
(b) section 18 and the following provisions (which relate to the offence
under that section)—
35(i) section 10(1)(a) and (b);
(ii) section 17(2) to (7) and (10);
(iii) Schedule 5.
(4) Regulations under subsection (1) may repeal or otherwise amend section 38
or 40 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.
Northern Ireland Troubles Bill 18
Part 2—The Legacy Commission

(5) The consequential provision that may (by virtue of section 92(5)(b)) be made
by regulations under subsection (1) includes consequential amendments of—
(a) Parts 3 to 5 and sections 86 and 87 of this Act;
(b) any primary legislation other than this Act.
5“Primary legislation” has the meaning given by section 91.
(6) The Secretary of State must consult the required consultees, and take into
account the annual reports produced by the Legacy Commission (see section
23) and the reports under section 24 on the Legacy Commission’s performance
of its functions—
10(a) when deciding whether to exercise the power to make regulations
conferred by subsection (1), and
(b) before making regulations under subsection (1).
(7) Before making regulations under subsection (1), the Secretary of State must
publish a report setting out—
15(a) the names of the persons consulted under subsection (6),
(b) a summary of the views expressed on the consultation, and
(c) an explanation of why the Secretary of State is satisfied as mentioned
in subsection (1).
(8) Regulations under subsection (1) are subject to affirmative procedure.
20(9) If a draft of an instrument containing regulations under subsection (1) would,
apart from this subsection, be treated for the purposes of the Standing Orders
of either House of Parliament as a hybrid instrument, it is to proceed in that
House as if it were not a hybrid instrument.
(10) In this section “the required consultees” means—
25(a) the Legacy Commission, and
(b) any other person the Secretary of State considers it appropriate to
consult.
PART 3
INVESTIGATIONS OF CONDUCT CAUSING DEATH AND OTHER HARM
30General duties
26 Investigations: general duties
(1) In exercising functions under this Part, the Directors of Investigations and
other Legacy Commission officers must have regard to the need to act—
(a) independently,
35(b) impartially,
(c) transparently,
(d) objectively,
(e) in a manner that establishes credibility,
(f) with integrity,
19 Northern Ireland Troubles Bill
Part 3—Investigations of conduct causing death and other harm

(g) professionally, and
(h) consistently.
(2) The Legacy Commission must publish a statement—
(a)
5
setting out how functions under this Part are to be exercised by the
Directors of Investigations and other Legacy Commission officers, and
(b) explaining how exercising those functions in that way will secure
public confidence in the Commission’s work.
(3) The statement must (in particular) set out how the functions under the
following provisions are to be exercised—
10(a) sections 33 and 37 (notifying family members and others about
investigations);
(b) section 34(3) (consulting family members and others about allocation
of investigations).
(4)
15
The Legacy Commission must keep under review any statement published
under subsection (2), and may from time to time publish a revised statement.
(5) A Director of Investigations or other Legacy Commission officer must, when
exercising any function under this Part, have regard to any statement
published under subsection (2).
(6)
20
In subsections (2) and (5) a reference to “functions under this Part” does not
include functions under sections 45 to 47 (identifying and dealing with conflicts
of interest).
See section 44 for the Legacy Commission’s duty to publish a separate
statement about those functions.
Requests for investigations
2527 Requests for investigations by family members and seriously injured persons
(1) Where a person’s death was caused directly by conduct forming part of the
Troubles, an investigation under this Part of the conduct may be requested
by—
(a) a close family member of the deceased (see section 93), or
30(b) if there are no close family members, a family member of the deceased.
(2) Where conduct forming part of the Troubles caused a person to suffer serious
physical or mental harm, the person may request an investigation under this
Part of the conduct.
(3) “Serious physical or mental harm” means—
35(a) paraplegia;
(b) quadriplegia;
(c) severe brain injury or damage;
(d) severe psychiatric damage;
(e) total blindness;
40(f) total deafness;
Northern Ireland Troubles Bill 20
Part 3—Investigations of conduct causing death and other harm

(g) loss of one or more limbs;
(h) severe scarring or disfigurement.
(4) A request under this section may not be made after the specified day.
(5)
5
“The specified day” is the last day in the period of five years beginning with
the day on which this section comes into force for all purposes.
28 Requests for investigations by public authorities
(1) In this section “harmful conduct forming part of the Troubles” means conduct
forming part of the Troubles that—
(a) caused a person’s death, or
10(b) caused a person to suffer physical or mental harm.
(2) A request for an investigation under this Part may be made by a public
authority as set out in any of subsections (3), (4) and (8) to (11).
(3) The Secretary of State may request an investigation under this Part of harmful
conduct forming part of the Troubles.
15(4) Any of the persons listed in subsection (5) may request an investigation under
this Part of harmful conduct forming part of the Troubles if—
(a) they consider that the request condition is met, and
(b) a person’s death was caused directly by the conduct or the conduct
caused a person to suffer serious physical or mental harm.
20(5) Those persons who may request an investigation are—
(a) the Chief Constable of the PSNI;
(b) any other chief officer of a police force;
(c) the Police Ombudsman for Northern Ireland;
(d) the Director General of the Independent Office for Police Conduct;
25(e) the Police Investigations and Review Commissioner;
(f) an inquiry panel within the meaning of the Inquiries Act 2005 (see
section 3 of that Act).
(6) The “request condition” is met if—
(a)
30
the investigation is necessary for the purposes of ECHR compatibility,
or
(b) owing to new evidence (known or reasonably suspected to exist), there
is a realistic prospect of information obtained through the investigation
being provided to a prosecutor under section 43.
(7)
35
An investigation is “necessary for the purposes of ECHR compatibility” where
the United Kingdom would contravene Article 2 or 3 of the Convention
(within the meaning of the Human Rights Act 1998) if the investigation were
not carried out.
(8) The Director of Public Prosecutions for Northern Ireland may request an
40
investigation under this Part of harmful conduct forming part of the Troubles
if—
21 Northern Ireland Troubles Bill
Part 3—Investigations of conduct causing death and other harm

(a) the Director receives a written report from a coroner under section
35(3) of the Justice (Northern Ireland) Act 2002 which relates to the
conduct, or
(b)
5
the conduct has been referred to the Director by a judicial panel
member under section 61(2).
(9) The Director of Public Prosecutions (for England and Wales) may request an
investigation under this Part of harmful conduct forming part of the Troubles
if—
(a) the Director receives a written report from a coroner which—
10(i) relates to the conduct, and
(ii) concerns the circumstances of any death which is being, or has
been, investigated by the coroner and appear to the coroner to
disclose that an offence may have been committed against the
law of any country or territory, or
15(b) the conduct has been referred to the Director by a judicial panel
member under section 61(3).
(10) The Lord Advocate may request an investigation under this Part of harmful
conduct forming part of the Troubles if the conduct has been referred to the
Lord Advocate by a judicial panel member under section 61(4).
20(11) Where a person’s death was caused directly by conduct forming part of the
Troubles, an investigation under this Part of the conduct may be requested
by—
(a) the Attorney General for Northern Ireland,
(b)
25
the Advocate General for Northern Ireland, if section 14(3) of the
Coroners Act (Northern Ireland) 1959 applies in relation to the death
(inquest on orders of Advocate General if national security involved),
(c) the coroner in Northern Ireland who was responsible for an inquest
into that death which was closed in accordance with section 16A(3)
of that Act,
30(d) the senior coroner in England and Wales who was responsible for
conducting an investigation under Part 1 of the Coroners and Justice
Act 2009 into that death which was discontinued in accordance with
paragraph 1(3) of Schedule 1A to that Act,
(e)
35
the Chief Coroner of England and Wales, if the Chief Coroner is
prohibited by paragraph 2(4) of Schedule 1A to that Act from directing
a senior coroner to conduct an investigation under Part 1 of that Act
into the death,
(f) the sheriff in Scotland who was responsible for conducting an inquiry
40
under the Inquiries into Fatal Accidents and Sudden Deaths etc.
(Scotland) Act 2016 (asp 2) into that death which was discontinued in
accordance with paragraph 1(3) of Schedule A1 to that Act,
(g) the procurator fiscal in Scotland who was responsible for conducting
an investigation under that Act into that death which was discontinued
in accordance with paragraph 1(4)(b) of Schedule A1 to that Act, or
Northern Ireland Troubles Bill 22
Part 3—Investigations of conduct causing death and other harm

(h) the Lord Advocate, if the Lord Advocate is prohibited by paragraph
2(a) of Schedule A1 to that Act from exercising functions so as to cause
an inquiry under that Act to be held into the death.
(12)
5
A request under this section may not be made after the specified day (within
the meaning of section 27(5)) unless the person making the request considers
that the request condition (set out in subsection (6)) is met.
(13) Section 27(3) (meaning of “serious physical or mental harm”) applies for the
purposes of this section.
29 Requests for investigations: general
10(1) A request under section 27 or 28 for an investigation may include particular
questions about the conduct to which the investigation will relate.
(2) The Directors of Investigations acting jointly must decide—
(a) the form and manner in which requests under section 27 or 28 are to
be made, and
15(b) the circumstances (if any) in which requests under section 27 or 28
may be changed (including by changing particular questions included
in requests) or withdrawn.
30 Accepting and rejecting requests for investigations
(1)
20
This section applies where an investigation is requested under section 27 or
28.
(2) The Directors of Investigations acting jointly (“the Directors”) must accept
the request, subject to the following subsections.
(3) The Directors must reject the request if—
(a)
25
it is made under section 27(1) or 28(3), (4) or (11) and is a request for
an investigation of conduct that is linked to active inquisitorial
proceedings or an active resumed inquest, or
(b) it is made under section 28 after the specified day (within the meaning
of section 27(5)) and the Directors consider that the request condition
(set out in section 28(6)) is not met.
30(4) The Directors may reject the request if—
(a) it is not made in the required form or manner,
(b) it is made under section 27(1)(b) by a family member other than a
close family member and the Directors consider that it is inappropriate
for that family member to make the request,
35(c) it is made under section 27(2) and is a request for an investigation of
conduct that is linked to active inquisitorial proceedings or an active
resumed inquest,
(d) it is a request for an investigation of conduct that is linked to
40
inquisitorial proceedings that are no longer active or a resumed inquest
that is no longer active,
23 Northern Ireland Troubles Bill
Part 3—Investigations of conduct causing death and other harm

(e) it is made under section 28(4), (8), (9) or (10), or
(f) it is a subsequent request (see section 31).
(5) In deciding whether to accept a request of the kind described in subsection
(4)(c) or (d), the Directors—
5(a) must take into account the inquisitorial proceedings or resumed
inquest, and
(b) must (in particular) ensure that the Legacy Commission does not do
anything which duplicates any aspect of the proceedings or inquest
unless, in the Directors’ view, the duplication is essential.
10(6) For the purposes of this section—
(a) conduct is “linked” to inquisitorial proceedings or a resumed inquest
if the conduct caused the death to which the proceedings or inquest
relates;
(b) inquisitorial proceedings are “active” during the period—
15(i) beginning with the allocation of the proceedings to a judicial
panel member under section 50, and
(ii) ending with the publication of the report on the findings of
the proceedings under section 65;
(c) a “resumed inquest” is an inquest resumed in accordance with—
20(i) section 16AA of the Coroners Act (Northern Ireland) 1959, or
(ii) a direction given to the Presiding coroner under section 16AB
of that Act;
(d) a resumed inquest is “active” during the period—
(i)
25
beginning with the coming into force of section 16AA of the
Coroners Act (Northern Ireland) 1959 or the giving of the
direction under section 16AB of that Act (as is relevant to the
inquest), and
(ii) ending with the final determination, verdict or findings being
30
made or given at the inquest or section 50 applying to the
death to which the inquest relates by virtue of section 50(2)(c).
31 Dealing with subsequent requests for investigations
(1) This section applies where—
(a) a request under section 27 or 28 for an investigation of conduct forming
35
part of the Troubles has been made which has not yet been accepted
or rejected,
(b) an investigation under this Part of such conduct is being carried out,
or
(c) an investigation under this Part of such conduct has been carried out,
40
and a further request (“the subsequent request”) is made which relates to the
same conduct.
(2) Subsection (3) applies where the request is a subsequent request by virtue of
subsection (1)(a).
Northern Ireland Troubles Bill 24
Part 3—Investigations of conduct causing death and other harm

(3) The Directors of Investigations acting jointly must decide how the subsequent
request is to be dealt with; and they may (in particular) decide that—
(a) the person who made the subsequent request is to be treated as if
they had joined in the making of the earlier request, and
5(b) questions included in the subsequent request are to be treated as if
they had been included in the earlier request.
(4) Subsection (5) applies where the request is a subsequent request by virtue of
subsection (1)(b) and the investigation which is being carried out is pursuant
to an earlier request under section 27 or 28.
10(5) The relevant Director of Investigations must decide how the subsequent
request is to be dealt with; and they may (in particular) decide that—
(a) the person who made the subsequent request is to be treated as if
they had joined in the making of the earlier request, and
(b)
15
questions included in the subsequent request are to be treated as if
they had been included in the earlier request.
(6) Subsection (7) applies where the request is a subsequent request by virtue of
subsection (1)(b) and the investigation which is being carried out was initiated
under section 32.
(7)
20
The relevant Director of Investigations must decide how the subsequent
request is to be dealt with; and they may (in particular) decide that—
(a) the person who made the subsequent request, and
(b) the questions included in the subsequent request,
are to be treated as if the investigation were being carried out pursuant to
the subsequent request.
25(8) Subsection (9) applies where the request is a subsequent request by virtue of
subsection (1)(c).
(9) The Directors of Investigations acting jointly must decide how the subsequent
request is to be dealt with; and, in doing so, they—
(a)
30
must take into account the investigation that has already been carried
out, and
(b) must (in particular) ensure that the Legacy Commission does not do
anything which duplicates any aspect of that investigation unless, in
the Directors’ view, the duplication is essential.
(10)
35
Section 47 includes provision about conflicts of interest that applies in relation
to this section.
(11) In this Act “the relevant Director of Investigations”, in relation to an
investigation under this Part, means the Director of Investigations to whom
the investigation is allocated under section 34.
25 Northern Ireland Troubles Bill
Part 3—Investigations of conduct causing death and other harm

Investigations initiated by the Directors of Investigations
32 Power of the Directors of Investigations to initiate investigations
(1) The Directors of Investigations acting jointly may initiate an investigation
5
under this Part of harmful conduct forming part of the Troubles (“the relevant
conduct”) where it appears to the Directors that—
(a) the investigation is necessary for the purposes of ECHR compatibility,
(b) owing to new evidence (known or reasonably suspected to exist), there
is a realistic prospect of information obtained through the investigation
being provided to a prosecutor under section 43, or
10(c) the relevant conduct is linked with an investigation under this Part
which is being, or has been, carried out.
(2) The circumstances where the relevant conduct is “linked” with an investigation
under this Part include—
(a)
15
where the relevant conduct forms part of the same event as the conduct
to which the investigation relates;
(b) where there is evidence that the same individual carried out or
otherwise caused the relevant conduct and the conduct to which the
investigation relates.
(3)
20
An investigation of the relevant conduct may not be initiated under this
section if the conduct is linked to active inquisitorial proceedings or an active
resumed inquest (and section 30(6) applies for the purposes of this subsection).
(4) In this section “harmful conduct forming part of the Troubles” and an
investigation being “necessary for the purposes of ECHR compatibility” have
the same meanings as in section 28.
25Carrying out investigations
33 Notifying family members and others about new investigations
(1) This section applies where—
(a) a request under section 28 (by a public authority) for an investigation
is accepted, or
30(b) an investigation is initiated under section 32.
(2) The relevant Director of Investigations must take reasonable steps to identify—
(a) if a person’s death was caused by relevant conduct, each close family
member of the deceased (see section 93),
(b)
35
if there are no close family members of a person whose death was
caused by relevant conduct, a family member of the deceased,
(c) if a person was caused to suffer serious physical or mental harm by
relevant conduct, that person,
(d) if a person caused to suffer serious physical or mental harm by relevant
40
conduct has subsequently died, each close family member of that
person, and
Northern Ireland Troubles Bill 26
Part 3—Investigations of conduct causing death and other harm

(e) if there are no close family members of that person, a family member
of that person.
(3) The relevant Director of Investigations must notify the following about the
investigation—
5(a) each person identified in accordance with subsection (2)(a), (c) and
(d),
(b) the person (if any) identified in accordance with subsection (2)(b) or
(e), if the Director considers it would be appropriate to notify the
person, and
10(c) the Secretary of State, if the investigation was initiated under section
32.
(4) For the purposes of this section—
(a) “relevant conduct” is the conduct to which the investigation mentioned
in subsection (1)(a) or (b) (as the case may be) relates;
15(b) section 27(3) (meaning of “serious physical or mental harm”) applies.
34 Allocation of investigations
(1) This section applies where—
(a) a request under section 27 or 28 for an investigation is accepted, or
(b) an investigation is initiated under section 32.
20(2) The Chief Executive Officer must allocate the investigation to a Director of
Investigations.
(3) Before doing so, the Chief Executive Officer must consult the following about
the proposed allocation—
(a)
25
except where the investigation is initiated under section 32, the person
who requested the investigation, and
(b) any other person previously notified under section 33 about the
investigation.
(4) The Chief Executive Officer, when consulting a person under subsection (3),
30
must also allow the person to make representations about any matter that
the person considers is relevant to the application of sections 45 to 47
(identifying and dealing with conflicts of interest) in relation to the
investigation.
35 Managing the investigation caseload
(1) The Directors of Investigations acting jointly (“the Directors”) must determine—
35(a) the order in which investigations are to be carried out under this Part,
and
(b) the use of other Legacy Commission officers and other resources in
connection with those investigations.
27 Northern Ireland Troubles Bill
Part 3—Investigations of conduct causing death and other harm

(2) In doing so, the Directors must have regard to whether an investigation is
necessary for the purposes of ECHR compatibility (within the meaning of
section 28(7)).
(3)
5
The other matters that the Directors must have regard to when making the
decisions described in subsection (1) in relation to an investigation include—
(a) whether information obtained through the investigation is likely to be
provided to a prosecutor under section 43 or whether the investigation
is likely to lead only to the production of a final report,
(b) the extent to which the investigation is in the public interest,
10(c) where the investigation is requested under section 27, the date of the
request, and
(d) except where the investigation is requested under section 27, the views
of any person who—
(i)
15
may request, under section 27, an investigation of the conduct
to which the investigation relates, and
(ii) is known to the Legacy Commission by virtue of any of its
functions.
(4) After accepting a request under section 27 or 28 for an investigation, the
20
Directors must, as soon as reasonably practicable, consider whether the
investigation is necessary for the purposes of ECHR compatibility (if not
previously considered by the Directors).
36 Conduct of investigations
(1) This section applies where an investigation is allocated to a Director of
Investigations under section 34.
25(2) The Director must decide whether or not the investigation is to be carried
out as a criminal investigation.
(3) For that purpose, the Director must decide that the investigation is to be
carried out as a criminal investigation unless the Director considers that there
30
is no realistic prospect of information obtained through the investigation
being provided to a prosecutor under section 43.
(4) Even if the investigation is not to be carried out as a criminal investigation,
the Legacy Commission must (so far as is practicable) determine the facts of
the conduct to which the investigation relates.
(5)
35
The Director has operational control over the conduct of the investigation by
the Legacy Commission.
(6) The Director must ensure that—
(a) the Legacy Commission carries out the investigation, and
(b) the investigation examines all the circumstances of the conduct to
40
which it relates, including any Troubles-related offences which relate
to, or are otherwise connected with, that conduct.
Northern Ireland Troubles Bill 28
Part 3—Investigations of conduct causing death and other harm

(7) The Director must decide how the investigation is to be carried out, including
by deciding what steps are necessary in carrying out the investigation.
(8) In deciding what steps are necessary, the Director—
(a)
5
must take into account any investigation (of any kind, including an
inquest) that has previously been carried out in relation to the conduct
to which the investigation relates, and
(b) must (in particular) ensure that the Legacy Commission does not do
anything which duplicates any aspect of any such previous
investigation unless, in the Director’s view, the duplication is essential.
10(9) In deciding what steps are necessary, the Director must (in particular) have
regard to the following matters so far as they are relevant—
(a) any particular questions included in the request for the investigation,
and
(b)
15
whether information obtained through the investigation will be, or is
likely to be, provided to a prosecutor under section 43, or whether
the investigation will, or is likely to, lead only to the production of a
final report.
(10) The Director must ensure that, in the carrying out of the investigation, regard
is had to the context in which—
20(a) the conduct to which the investigation relates occurred, and
(b) any earlier criminal investigation of that conduct occurred.
(11) If the Director considers that the investigation should be carried out in
conjunction with—
(a)
25
another investigation under this Part also allocated to the Director,
the Director may decide to do so;
(b) another investigation under this Part allocated to the other Director
of Investigations, the Directors of Investigations acting jointly may
decide to do so.
(12)
30
Section 47 includes provision about conflicts of interest that applies in relation
to subsection (11)(b).
(13) For the purposes of this section—
(a) “Troubles-related offence” means an offence under the law of Northern
Ireland, England and Wales or Scotland where the conduct constituting
the offence was to any extent conduct forming part of the Troubles;
35(b) an offence is to be regarded as connected with conduct (in particular)
if the offence formed part of the same event as that conduct.
37 Notifying family members and others about conduct of investigations
(1) This section applies where a Director of Investigations decides that an
40
investigation under this Part which has been allocated to the Director is not
to be carried out as a criminal investigation (see section 36(2) and (3)).
(2) If the investigation was requested under section 27, the Director must notify
the person who requested the investigation about the decision.
29 Northern Ireland Troubles Bill
Part 3—Investigations of conduct causing death and other harm

(3) If the investigation was requested under section 28, the Director must notify
the following about the decision—
(a) the person who requested the investigation, and
(b)
5
any other person previously notified under section 33 in relation to
the investigation.
(4) If the investigation was initiated under section 32, the Director must notify
any person previously notified under section 33 in relation to the investigation
about the decision.
(5) Where—
10(a) a notification is given under this section, and
(b) the Director subsequently decides that the investigation is to be carried
out as a criminal investigation,
the Director must notify any person previously notified under this section in
relation to the investigation about the decision.
15Reports on the findings of investigations
38 Production of reports on the findings of investigations
(1) This section applies where the Legacy Commission has carried out an
investigation under this Part.
(2)
20
The Chief Executive Officer must appoint a judicial panel member to produce
a final report on the findings of the investigation.
(3) The appointed judicial panel member must produce the final report.
(4) The final report must be as comprehensive as possible, having regard to—
(a) the need for the report to be accessible to the public, and
(b)
25
the duties imposed on the Legacy Commission by sections 10(1) and
17(2).
(5) If particular questions were included in the request for the investigation (see
section 29(1)), the final report must include—
(a) the Legacy Commission’s response to those questions, so far as it has
been practicable to respond to them in carrying out the investigation;
30(b) for each question to which it has not been practicable to respond, a
statement of that outcome.
(6) The final report must include a statement of the manner in which the
investigation was carried out.
(7) In this Part “final report” means a report under this section.
3539 Checks of reports for prejudicial material etc
(1) This section applies where a judicial panel member has been appointed to
produce a final report under section 38 on the findings of an investigation.
Northern Ireland Troubles Bill 30
Part 3—Investigations of conduct causing death and other harm

(2) Before producing the final report, or giving a draft of the report or other
material to any person under section 40, the judicial panel member must give
a draft of the report to—
(a) the Secretary of State, and
5(b) any relevant authority that—
(i) made prejudicial information or sensitive information available
under section 13 in connection with the investigation, or
(ii) identified information as prejudicial information or sensitive
10
information under paragraph 2 or 3 of Schedule 4 in connection
with the investigation.
(3) The judicial panel member must, during the applicable response period, allow
a person who is given a draft of the report under this section to make
representations about whether the publication of the final report by the Legacy
Commission would cause it to contravene section 10(1) or 17(2).
15(4) “Applicable response period”, in relation to a person who is given a draft of
the report under this section, means—
(a) the period of 60 days beginning with the day on which the draft is
given to the person, or
(b)
20
if the Secretary of State is satisfied that there is good reason to extend
the period, such longer period as the Secretary of State determines
and notifies to the judicial panel member before the end of the period
of 60 days.
The judicial panel member must notify the person of any period extended
under paragraph (b).
25(5) The judicial panel member must not produce the final report, or give a draft
of the report or other material to any person under section 40, until after the
applicable response period has ended (or all of the applicable response periods
have ended).
(6)
30
If representations are made in accordance with this section, the judicial panel
member must—
(a) in producing the final report, or preparing a draft of the report or
other material to be given to a person under section 40, take the
representations into account, and
(b)
35
before giving a draft of the report or other material to any person
under section 40, notify the person who made the representations
about how the representations have been taken into account.
(7) See also paragraph 5 of Schedule 5 for provision about decisions by the
Secretary of State to prohibit the disclosure of sensitive information in final
reports (and see Part 2 of that Schedule for appeals against those decisions).
4040 Consultation on reports
(1) This section applies where—
(a) a judicial panel member has been appointed to produce a final report
under section 38 on the findings of an investigation, and
31 Northern Ireland Troubles Bill
Part 3—Investigations of conduct causing death and other harm

(b) they have complied with all applicable duties imposed under section
39.
(2) Before producing the final report, the judicial panel member must give a draft
of the report to—
5(a) except where the investigation was initiated under section 32, the
person who requested the investigation,
(b) all relevant family members of any person whose death was caused
by the conduct to which the investigation relates, and
(c)
10
any person caused to suffer serious physical or mental harm by that
conduct or, where such a person has subsequently died, all relevant
family members of the person.
(3) The judicial panel member must allow a person who is given a draft of the
report under subsection (2) to make representations about the report during
the applicable response period.
15(4) The judicial panel member is not required to give a draft of the report to a
person under subsection (2)(b) or (c) if that person has informed the judicial
panel member or the relevant Director of Investigations that they do not wish
to receive it.
(5)
20
For the purposes of this section, a person (F) is a “relevant family member”
of a person (D) who has died if—
(a) F is a close family member of D (see section 93) whom the relevant
Director of Investigations has identified after taking such steps as the
judicial panel member considers reasonable, or
(b)
25
in a case where no close family members are identified after taking
such steps, F is another member of the family of D whom—
(i) the relevant Director of Investigations has identified after taking
such steps as the judicial panel member considers reasonable,
and
(ii)
30
the judicial panel member considers it appropriate to be given
the opportunity to make representations.
(6) If it is proposed to include in the final report material criticising an individual,
the judicial panel member must, before producing the report—
(a) give a copy of that material to the individual, and
(b)
35
allow the individual to make representations about that material during
the applicable response period.
(7) If it is proposed to include in the final report material criticising a public
authority, the judicial panel member must, before producing the report—
(a) give a copy of that material to the public authority or to a person who,
40
in the judicial panel member’s view, currently has responsibility for
the public authority, and
(b) allow that public authority or person to make representations about
that material during the applicable response period.
Northern Ireland Troubles Bill 32
Part 3—Investigations of conduct causing death and other harm

(8) Subsection (7) applies even if the public authority has previously been given
a draft of the final report containing that material under section 39.
(9) The judicial panel member must not produce the final report until after the
5
applicable response period has ended (or all of the applicable response periods
have ended).
(10) When deciding whether to include particular material in the final report, the
judicial panel member—
(a) must take into account representations made in accordance with this
section, and
10(b) may exclude the material if they consider that it would not be in the
public interest to include it.
(11) If the judicial panel member has consulted a person under this section, this
section does not require the judicial panel member to give that person a draft
of any revised version of the final report or any material included in it.
15(12) If this section requires the judicial panel member to give a draft of the final
report to two or more persons, the judicial panel member is not required to
give the same draft to all of those persons.
(13) “Applicable response period”, in relation to a person who is consulted under
this section, means—
20(a) the period of 30 days beginning with the day on which the draft or
copy of material is given to the person, or
(b) if the judicial panel member is satisfied that there is good reason to
extend the period, such longer period as the judicial panel member
determines.
25The judicial panel member must notify the person of any period extended
under paragraph (b).
(14) In this section—
“material criticising a public authority” means material which, in the
30
judicial panel member’s view, constitutes significant criticism of a
public authority (and that material may consist of or include criticism
of one or more individuals, whether living or not);
“material criticising an individual” means material which, in the judicial
panel member’s view, constitutes significant criticism of a living
35
individual who was involved in the conduct forming part of the
Troubles to which the investigation relates;
“serious physical or mental harm” has the meaning given by section
27(3).
41 Issuing and publication of reports
(1)
40
This section applies where a judicial panel member has produced a final
report.
33 Northern Ireland Troubles Bill
Part 3—Investigations of conduct causing death and other harm

(2) Except where the investigation was initiated under section 32, the Legacy
Commission must give the final report to the person who requested the
investigation.
(3)
5
The Legacy Commission must publish the final report in such manner as it
considers appropriate.
42 Final reports: supplementary provision
(1) The duties imposed under sections 38 to 41 must be complied with as soon
as practicable after the investigation to which the final report relates has been
carried out; but this is subject to subsection (2).
10(2) If any of the conduct to which the investigation relates is or has been referred
to a prosecutor under section 43, the final report is not to be produced or
published unless and until—
(a) the prosecutor has made a decision not to prosecute P for any relevant
offence, or
15(b) if the prosecutor has made a decision to prosecute P for any relevant
offence or offences, the prosecution or prosecutions are no longer
continuing.
(3) For the purposes of subsection (2)—
(a)
20
the circumstances in which a prosecution of P is to be regarded as
continuing include circumstances where the trial which forms part of
the prosecution ends without P being convicted or acquitted or any
other verdict being given and either—
(i) the period for the prosecution to seek a retrial is continuing
(without a retrial having been sought), or
25(ii) the prosecution have sought a retrial;
(b) the circumstances in which a prosecution of P is to be regarded as not
continuing include—
(i) circumstances where the trial which forms part of the
30
prosecution ends with P being convicted or acquitted or with
another verdict being given, and
(ii) circumstances where the trial ends without P being convicted
or acquitted or any other verdict being given and the period
for the prosecution to seek a retrial ends without a retrial
having been sought.
35(4) In this section—
“P” means the person who carried out the conduct referred under section
43 (“the referred conduct”);
“relevant offence”, in relation to a referral to a prosecutor under section
43, means—
40(a) a suspected offence notified to the prosecutor under section 43
in connection with the referral, and
(b) any other offence which the referred conduct constitutes.
Northern Ireland Troubles Bill 34
Part 3—Investigations of conduct causing death and other harm

(5) Paragraph 8 of Schedule 5 makes provision about—
(a) other material that must be included in a final report, and
(b) circumstances in which a new final report must be produced.
Referral to prosecutors
543 Referral to prosecutors
(1) This section applies where an investigation under this Part has been carried
out.
(2) If the relevant Director of Investigations considers there is evidence that
10
relevant conduct constitutes an offence under the law of Northern Ireland by
an individual whose identity is known to that Director, the Director—
(a) may refer the conduct to the Director of Public Prosecutions for
Northern Ireland, and
(b) if the conduct is referred, must notify that prosecutor of the offence
concerned.
15(3) If the relevant Director of Investigations considers there is evidence that
relevant conduct constitutes an offence under the law of England and Wales
by an individual whose identity is known to that Director, the Director—
(a) may refer the conduct to the Director of Public Prosecutions (for
England and Wales), and
20(b) if the conduct is referred, must notify that prosecutor of the offence
concerned.
(4) If the relevant Director of Investigations considers there is evidence that
relevant conduct constitutes an offence under the law of Scotland by an
individual whose identity is known to that Director, the Director may—
25(a) refer the conduct to the Lord Advocate, and
(b) notify that prosecutor of the offence concerned.
(5) The Lord Advocate may direct the relevant Director of Investigations to
exercise the power of referral and notification in accordance with subsection
(4); and the Director must comply with any direction that is given.
30(6) In any case where the relevant Director of Investigations refers relevant
conduct to a prosecutor under this section, the Director—
(a) must give the prosecutor such information and material relating to
the conduct as the Director considers appropriate, and
(b) must, if requested to do so by the prosecutor—
35(i) obtain such information or material relating to the conduct as
it is practicable to obtain, and
(ii) give the information or material obtained to the prosecutor.
(7) In this section “relevant conduct” means—
(a)
40
the conduct to which the investigation relates (the “main conduct”),
or
35 Northern Ireland Troubles Bill
Part 3—Investigations of conduct causing death and other harm

(b) any other conduct that relates to, or is otherwise connected with, the
main conduct;
and for this purpose other conduct is (in particular) to be regarded as
5
connected with the main conduct if all of that conduct formed part of the
same event.
Conflicts of interest
44 Conflicts of interest: policy statement
(1) The Legacy Commission must prepare and publish a statement setting out
10
how the Directors of Investigations and other Legacy Commission officers
are to comply with the duties imposed by sections 45 to 47.
(2) The statement must (in particular) set out how a Legacy Commission officer
is to determine whether a matter might reasonably be expected to—
(a) give rise to a conflict of interest in respect of a person’s work in
connection with functions under this Part, or
15(b) otherwise affect a person’s ability to carry out that work fairly and
impartially.
(3) The Legacy Commission must keep under review any statement published
under subsection (1), and may from time to time publish a revised statement.
(4)
20
Legacy Commission officers must have regard to any statement published
under subsection (1).
(5) For the purposes of this section and sections 45 to 47, a conflict of interest
may (in particular) arise in connection with a person’s previous employment
or previous holding of an office or position.
45 Conflicts of interest: officers to provide information
25(1) The Chief Executive Officer may require a Legacy Commission officer to
provide information about any matter which might reasonably be expected
to—
(a) give rise to a conflict of interest in respect of the Legacy Commission
officer’s work in connection with functions under this Part, or
30(b) otherwise affect the officer’s ability to carry out that work fairly and
impartially.
(2) Where an investigation under this Part is (or is to be) allocated to a Director
of Investigations, the Director must provide the Chief Executive Officer with
information about any matter which might reasonably be expected to—
35(a) give rise to a conflict of interest in respect of the Director’s work in
connection with the investigation, or
(b) otherwise affect the Director’s ability to carry out that work fairly and
impartially.
Northern Ireland Troubles Bill 36
Part 3—Investigations of conduct causing death and other harm

(3) Where a Legacy Commission officer is (or is to be) required by a Director of
Investigations to carry out any work in connection with an investigation under
this Part, the officer must provide the Director with information about any
matter which might reasonably be expected to—
5(a) give rise to a conflict of interest in respect of the officer’s work in
connection with the investigation, or
(b) otherwise affect the officer’s ability to carry out that work fairly and
impartially.
46 Role of Directors of Investigations in relation to conflicts of interest
10If it appears to the relevant Director of Investigations that—
(a) a Legacy Commission officer may have a conflict of interest in relation
to an investigation under this Part, or
(b) a matter may otherwise affect the officer’s ability to carry out work
in connection with the investigation fairly and impartially,
15the Director must not require or allow the officer to carry out any work (or
further work) in connection with the investigation.
47 Role of Chief Executive Officer in relation to conflicts of interest
(1) For the purposes of this section, a person “may have a relevant
disqualification” in relation to an investigation under this Part where—
20(a) the person may have a conflict of interest in relation to the
investigation, or
(b) a matter may otherwise affect the person’s ability to carry out work
in connection with the investigation fairly and impartially.
(2)
25
If it appears to the Chief Executive Officer that a Director of Investigations
may have a relevant disqualification in relation to an investigation under this
Part, the Chief Executive Officer—
(a) must not allocate the investigation to that Director under section 34,
and
(b)
30
if the investigation is already allocated to that Director, must reallocate
the investigation.
(3) The Chief Executive Officer must allocate an investigation under this Part to
a Legacy Commission officer other than a Director of Investigations if—
(a) the investigation may not be allocated to either Director of
35
Investigations because it appears to the Chief Executive Officer that
both Directors may have a relevant disqualification in relation to the
investigation, or
(b) it appears to the Chief Executive Officer that a Director of
Investigations may have a relevant disqualification in relation to the
40
investigation and the Chief Executive Officer considers that it is
inappropriate or impractical for the investigation to be allocated to
the other Director of Investigations.
37 Northern Ireland Troubles Bill
Part 3—Investigations of conduct causing death and other harm

(4) If an investigation is allocated to a Legacy Commission officer under subsection
(3), a reference in this Act to the relevant Director of Investigations or to the
Director to whom the investigation is (or is to be) allocated is to that officer.
(5)
5
Subsections (6) and (7) apply where a request under section 27 or 28 for an
investigation is a “subsequent request” by virtue of section 31(1)(b) (requests
relating to conduct being investigated already).
(6) The Chief Executive Officer must consider whether, if the subsequent request
were accepted, the relevant Director of Investigations mentioned in section
10
31(5) and (7) may have a relevant disqualification in relation to the
investigation.
(7) If it appears to the Chief Executive Officer that the Director may have a
relevant disqualification in relation to the investigation, the Chief Executive
Officer must—
(a)
15
direct the other Director of Investigations to determine how the
subsequent request is to be dealt with, or
(b) direct another Legacy Commission officer to make that determination,
if it appears to the Chief Executive Officer that the other Director may
also have a relevant disqualification in relation to the investigation.
(8)
20
Subsections (9) and (10) apply where the Directors of Investigations acting
jointly decide to carry out investigations in conjunction with each other by
virtue of section 36(11)(b).
(9) The Chief Executive Officer must consider whether either of the Directors
may have a relevant disqualification in relation to any of the investigations.
(10)
25
If it appears to the Chief Executive Officer that either Director may have a
relevant disqualification in relation to any of the investigations, the Chief
Executive Officer must—
(a) direct that the investigations are not to be carried out in conjunction
with each other, or
(b)
30
reallocate the investigations so that they may be carried out in
conjunction with each other by virtue of section 36(11)(a).
(11) Where this section requires or permits the reallocation of an investigation,
the duties imposed on the Chief Executive Officer by section 34(3) (consultation
on allocation) and this section apply again.
PART 4
35INQUISITORIAL PROCEEDINGS
Introduction
48 Inquisitorial proceedings
In this Act “inquisitorial proceedings” means proceedings under this Part,
40
presided over by a judicial panel member, examining all the circumstances
of a person’s death.
Northern Ireland Troubles Bill 38
Part 4—Inquisitorial proceedings

49 No determination of liability
(1) A judicial panel member presiding over inquisitorial proceedings must not
rule on, and has no power to determine, any person’s civil or criminal liability.
(2)
5
But a judicial panel member should not be inhibited in the discharge of their
functions by any likelihood of liability being inferred from facts that they
determine.
50 Deaths to be examined
(1) The senior judicial panel member must allocate inquisitorial proceedings in
10
respect of a death to a judicial panel member where this section applies to
the death.
(2) This section applies to a death caused directly by conduct forming part of
the Troubles if—
(a) the Secretary of State gives a direction to the senior judicial panel
member in relation to the death,
15(b) the Advocate General for Northern Ireland gives a direction to the
senior judicial panel member under section 16AB of the Coroners Act
(Northern Ireland) 1959 in relation to the death, or
(c) a coroner in Northern Ireland ceases progressing a resumed inquest
into the death for reasons relating to public interest immunity.
20(3) The Secretary of State may give a direction under subsection (2)(a) in relation
to a death only if a coroner in Northern Ireland ceased progressing an inquest
into the death for reasons relating to public interest immunity during the
period beginning with 28 February 2019 and ending with 30 April 2024.
(4)
25
A coroner ceases progressing an inquest “for reasons relating to public interest
immunity” if—
(a) evidence or documents are (or are to be) withheld from the inquest
on grounds of public interest immunity, and
(b) the coroner considers that, without the evidence or documents, it is
30
not possible for a final determination, verdict or findings to be made
or given at the inquest.
(5) A “resumed inquest” is an inquest resumed in accordance with—
(a) section 16AA of the Coroners Act (Northern Ireland) 1959, or
(b) a direction given to the Presiding coroner under section 16AB of that
Act.
35(6) The senior judicial panel member must comply with subsection (1) as soon
as practicable after they determine that this section applies to a death; but
they may postpone allocating inquisitorial proceedings in respect of the death
to a judicial panel member if they consider that—
(a)
40
a person who is eligible to be appointed as a judicial panel member
would preside over the proceedings effectively and efficiently, and
(b) that person is likely to be appointed as a judicial panel member within
a reasonable period.
39 Northern Ireland Troubles Bill
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(7) Inquisitorial proceedings in respect of a death may not be allocated to a
judicial panel member unless this section applies to the death.
Conduct of inquisitorial proceedings
51 Conduct of inquisitorial proceedings
5(1) A judicial panel member must preside over any inquisitorial proceedings in
respect of a death that are allocated to them.
(2) Subject to any provision of this Act or of regulations under section 60, the
procedure and conduct of inquisitorial proceedings are to be such as the
relevant judicial panel member may direct.
10(3) In deciding how the proceedings should be carried out, the relevant judicial
panel member—
(a) must take into account any investigation (of any kind, including an
inquest) of the death that has previously been carried out by any other
person, and
15(b) must (in particular) ensure that they not do anything which duplicates
any aspect of any such previous investigation unless, in their view,
the duplication is essential.
(4) The relevant judicial panel member must ensure that, in the carrying out of
20
the proceedings, regard is had to the context in which the conduct examined
in the course of the proceedings occurred.
(5) If a judicial panel member presiding over inquisitorial proceedings in respect
of a death considers that those proceedings should be carried out in
conjunction with inquisitorial proceedings in respect of another death which
they are presiding over, the judicial panel member may decide to do so.
25(6) If the senior judicial panel member considers that inquisitorial proceedings
allocated to one judicial panel member should be carried out in conjunction
with other inquisitorial proceedings allocated to another judicial panel member,
the senior judicial panel member may re-allocate the proceedings accordingly.
(7)
30
In deciding when inquisitorial proceedings are to be conducted, the relevant
judicial panel member must have regard to the need to ensure that the
proceedings are concluded as soon as practicable.
(8) The relevant judicial panel member may take evidence on oath, and for that
purpose may administer oaths.
(9)
35
The Legacy Commission must ensure that there is a lawyer to act as counsel
to any inquisitorial proceedings (whether by employing or engaging the
services of a lawyer or otherwise).
(10) “Lawyer” means—
(a) a solicitor or barrister in Northern Ireland,
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(b) a person who for the purposes of the Legal Services Act 2007 is an
authorised person in relation to an activity which is a reserved legal
activity within the meaning of that Act, or
(c) a solicitor or advocate in Scotland.
5(11) In this Act “the relevant judicial panel member”, in relation to inquisitorial
proceedings, means the judicial panel member to whom the proceedings are
allocated by the senior judicial panel member.
52 Notifying family members about new inquisitorial proceedings
(1)
10
As regards any inquisitorial proceedings, the relevant judicial panel member
must take reasonable steps to identify—
(a) each close family member of the deceased, or
(b) if there are no such close family members, a family member of the
deceased.
15
For the meaning of “close family member” of a deceased person, see section
93.
(2) The relevant judicial panel member must notify the following about the
inquisitorial proceedings—
(a) each person identified in accordance with subsection (1)(a), and
(b)
20
the person (if any) identified in accordance with subsection (1)(b), if
the judicial panel member considers it would be appropriate to notify
them.
53 Core participants
(1) The relevant judicial panel member may designate persons as core participants
in the inquisitorial proceedings.
25(2) A person may be designated as a core participant only if they apply to be so
designated.
(3) A designation may be varied or revoked.
(4) Where, as regards any inquisitorial proceedings, one or more close family
30
members of the deceased apply under this section, the relevant judicial panel
member must designate at least one of them.
54 Evidence via live link
(1) A person required by the relevant judicial panel member to give evidence at
inquisitorial proceedings may apply to the judicial panel member for
35
permission to give that evidence through a live audio link or live video link
(and may do so if permission is given).
(2) The judicial panel member must give permission unless they consider that it
is impracticable for the person to give evidence in that manner.
41 Northern Ireland Troubles Bill
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(3) Permission may be given whether the person is in the United Kingdom or
elsewhere.
(4) If the judicial panel member refuses or withdraws permission, they must give
the person reasons for doing so.
5(5) A statement made on oath by a person outside Northern Ireland and given
in evidence through a live audio link or live video link under this section is
to be treated for the purposes of Article 3 of the Perjury (Northern Ireland)
Order 1979 (S.I. 1979/1714 (N.I. 19)) as having been made at the proceedings
in which it is given in evidence.
10(6) In this section—
“live audio link” is a live telephone link or other arrangement which—
(a) enables a person (“P”) to hear all other persons attending
inquisitorial proceedings who are not in the same location as
P, and
15(b) enables all other persons attending inquisitorial proceedings
who are not in the same location as P to hear P;
“live video link” is a live television link or other arrangement which—
(a) enables a person (“P”) to see and hear all other persons
20
attending inquisitorial proceedings who are not in the same
location as P, and
(b) enables all other persons attending inquisitorial proceedings
who are not in the same location as P to see and hear P.
(7) The extent (if any) to which a person is unable to hear or see by reason of
25
any impairment of hearing or eyesight is to be disregarded for the purposes
of subsection (6).
55 Public access to proceedings and information
(1) Subject to any restrictions imposed by a notice or order under section 56, the
relevant judicial panel member must take such steps as they consider
30
reasonable to secure that members of the public (including reporters) are
able—
(a) to attend the inquisitorial proceedings or to see and hear a
simultaneous transmission of the proceedings;
(b) to obtain or to view a record of evidence and documents given,
produced or provided to the proceedings.
35(2) No recording or broadcast of inquisitorial proceedings may be made except—
(a) at the request of the relevant judicial panel member, or
(b) with their permission and in accordance with any terms on which
permission is given.
(3)
40
Any such request or permission must be framed so as not to enable a person
to see or hear by means of a recording or broadcast anything that the person
is prohibited, by a notice or order under section 56, from seeing or hearing.
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56 Restrictions on public access etc
(1) Restrictions may, in accordance with this section, be imposed on—
(a) attendance at inquisitorial proceedings, or at any particular part of
inquisitorial proceedings;
5(b) the identification of any witness at inquisitorial proceedings, or at any
particular part of inquisitorial proceedings;
(c) disclosure or publication of any evidence or documents given,
produced or provided to inquisitorial proceedings.
(2) Restrictions may be imposed in either or both of the following ways—
10(a) by being specified in a notice (a “restriction notice”) given by the
Secretary of State to the relevant judicial panel member at any time
before the end of the inquisitorial proceedings;
(b) by being specified in an order (a “restriction order”) made by the
relevant judicial panel member at any such time.
15(3) A restriction notice or restriction order may specify only such restrictions—
(a) as are required by any legislation (including any assimilated
enforceable obligation) or rule of law, or
(b) as the Secretary of State or relevant judicial panel member considers
to be—
20(i) conducive to the proceedings fulfilling their purpose, or
(ii) necessary in the public interest,
having regard (in particular) to the matters mentioned in subsection
(4).
(4) Those matters are—
25(a) the extent to which any restriction on attendance, disclosure or
publication might inhibit the allaying of public concern;
(b) any risk of harm or damage that could be avoided or reduced by any
such restriction;
(c)
30
the extent to which not imposing any particular restriction would be
likely to be detrimental to the welfare of any witness;
(d) any conditions as to confidentiality subject to which a person acquired
information that they are to give, or have given, at the proceedings;
(e) the extent to which not imposing any particular restriction would be
likely—
35(i) to cause delay or to impair the efficiency or effectiveness of
the proceedings, or
(ii) otherwise to result in additional cost (whether to public funds
or to witnesses or others).
(5) In subsection (4)(b) “harm or damage” includes—
40(a) death or physical or mental harm;
(b) damage to the national security interests of the United Kingdom or
to international relations.
43 Northern Ireland Troubles Bill
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(6) For the purposes of this section and section 57, inquisitorial proceedings end
when the final report is published under section 65.
(7) In this section—
5
“assimilated enforceable obligation” means an obligation (as modified
from time to time) which forms part of assimilated law by virtue of
section 3 of the European Union (Withdrawal) Act 2018;
“witness”, in relation to inquisitorial proceedings, means an individual
who gives evidence to, or otherwise participates in, the proceedings.
57 Restriction notices and orders: further provision
10(1) Restrictions specified in a restriction notice given, or a restriction order made,
in any inquisitorial proceedings have effect in addition to restrictions specified
in any earlier restriction notice given, or restriction order made, in those
proceedings.
(2)
15
The Secretary of State may vary or revoke a restriction notice by giving a
further notice to the relevant judicial panel member at any time before the
end of the inquisitorial proceedings in question.
(3) The relevant judicial panel member may vary or revoke a restriction order
by making a further order at any time before the end of the inquisitorial
proceedings in question.
20(4) A restriction imposed under section 56 on disclosure or publication of evidence
or documents (a “disclosure restriction”) continues in force indefinitely,
unless—
(a) under the terms of the relevant notice or order the restriction expires
25
(whether at the end of the inquisitorial proceedings or at some other
time), or
(b) the relevant notice or order is varied or revoked under this section.
This is subject to subsection (5).
(5) After the end of the proceedings, a disclosure restriction does not apply to a
30
public authority (within the meaning of the Freedom of Information Act 2000),
or a Scottish public authority (within the meaning of the Freedom of
Information (Scotland) Act 2002), in relation to information held by the
authority otherwise than as a result of the contravention of any disclosure
restriction.
(6)
35
After the end of the proceedings, the Secretary of State may, by notice
published in such way as the Secretary of State considers appropriate—
(a) revoke a restriction order or restriction notice containing a disclosure
restriction that is still in force, or
(b) vary it so as to remove or relax any such restriction.
(7)
40
After the end of the proceedings, the Legacy Commission may, by notice
published in such way as it considers appropriate—
(a) revoke a restriction order containing a disclosure restriction that is
still in force, or
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(b) vary it so as to remove or relax any such restriction.
(8) In this section and section 58, “restriction notice” and “restriction order” have
the meanings given by section 56(2).
58 Restriction notices and orders: enforcement
5(1) Where a person contravenes a restriction notice or restriction order or threatens
to do so, the Secretary of State or the Legacy Commission may certify the
matter to the High Court in Northern Ireland.
(2) The court, after hearing any evidence or representations on a matter certified
10
to it under subsection (1), may make such order by way of enforcement or
otherwise as it could make if the matter had arisen in proceedings before the
court.
59 Legal representation and other expenses
(1) The relevant judicial panel member may award reasonable amounts to a
person—
15(a) in respect of legal representation in relation to the inquisitorial
proceedings,
(b) by way of compensation for loss of time in attending the proceedings,
or
(c)
20
in respect of expenses properly incurred, or to be incurred, in
attending, or otherwise in relation to, the proceedings.
(2) A person is eligible for an award under this section in relation to any
inquisitorial proceedings only if—
(a) they are a core participant in the proceedings (see section 53),
(b)
25
they are attending the proceedings to give evidence or to produce any
document or other thing, or
(c) they are a person who, in the opinion of the relevant judicial panel
member, has a particular interest in the proceedings that justifies such
an award.
(3)
30
The relevant judicial panel member may make an award to a person under
this section only if they consider that it is in the public interest to do so,
taking into account (in particular)—
(a) the person’s financial resources,
(b) whether the award is needed to enable the person to give evidence
or otherwise participate in the proceedings effectively, and
35(c) the need to conduct the proceedings efficiently and without
unnecessary cost.
(4) When determining if an award under this section should be made in respect
of a person’s legal representation other than joint representation, the relevant
40
judicial panel member may (in particular) take into account whether that
person could have been (or could be) jointly represented instead.
45 Northern Ireland Troubles Bill
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(5) The power to make an award under this section is subject to—
(a) any conditions imposed by the Legacy Commission and notified by
it to the relevant judicial panel member, and
(b) regulations made by the Secretary of State under subsection (7).
5(6) The kinds of conditions that may be imposed by the Legacy Commission on
the making of an award under this section include conditions—
(a) requiring matters to be taken into account by a judicial panel member
in addition to those specified in subsections (3) and (4),
(b)
10
as to the matters or things in respect of which an award may or may
not be made, and
(c) relating to the determination of whether—
(i) expenses (including for legal representation) have been properly
incurred, or
(ii) costs are necessary.
15(7) The Secretary of State may by regulations make provision about awards under
this section, including provision—
(a) about applying for an award,
(b) about determining the amount of an award,
(c)
20
imposing conditions on the making of an award, including the kinds
of conditions described in subsection (6)(a) to (c), and
(d) for a judicial panel member to exercise a discretion, including in
relation to the matters described in paragraphs (a) to (c).
(8) Before making regulations under subsection (7), the Secretary of State must
consult the Legacy Commission.
25(9) Regulations under subsection (7)—
(a) are subject to negative procedure, and
(b) may make different provision for different areas.
60 Regulations about procedure and evidence
(1)
30
The Secretary of State may by regulations make provision about procedure
and evidence in relation to inquisitorial proceedings.
(2) Before making regulations under this section, the Secretary of State must
consult the Legacy Commission.
(3) Regulations under this section are subject to negative procedure.
Referral to prosecutors
3561 Referral to prosecutors
(1) This section applies where inquisitorial proceedings are being, or have been,
carried out.
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(2) If the relevant judicial panel member considers there is evidence that relevant
conduct constitutes an offence under the law of Northern Ireland by an
individual whose identity is known to that judicial panel member, they—
(a)
5
may refer the conduct to the Director of Public Prosecutions for
Northern Ireland, and
(b) if the conduct is referred, must notify that prosecutor of the offence
concerned.
(3) If the relevant judicial panel member considers there is evidence that relevant
10
conduct constitutes an offence under the law of England and Wales by an
individual whose identity is known to that judicial panel member, they—
(a) may refer the conduct to the Director of Public Prosecutions (for
England and Wales), and
(b) if the conduct is referred, must notify that prosecutor of the offence
concerned.
15(4) If the relevant judicial panel member considers there is evidence that relevant
conduct constitutes an offence under the law of Scotland by an individual
whose identity is known to that judicial panel member, they may—
(a) refer the conduct to the Lord Advocate, and
(b) notify that prosecutor of the offence concerned.
20(5) The Lord Advocate may direct the relevant judicial panel member to exercise
the power of referral and notification in accordance with subsection (4); and
that judicial panel member must comply with any such direction.
(6) In any case where the relevant judicial panel member refers relevant conduct
to a prosecutor under this section, that judicial panel member—
25(a) must give the prosecutor such information and material relating to
the conduct as they consider appropriate, and
(b) must, if requested to do so by the prosecutor—
(i) obtain such information or material relating to the conduct as
it is practicable to obtain, and
30(ii) give the information or material obtained to the prosecutor.
(7) If the prosecutor makes such a request, that judicial panel member must not
require or allow a Legacy Commission officer to assist (or further assist) them
to comply with the request if it appears to them that—
(a)
35
the officer may have a conflict of interest in relation to the referral of
relevant conduct, or
(b) a matter may otherwise affect the officer’s ability to carry out work
in connection with the referral fairly and impartially.
(8) For that purpose—
(a)
40
that judicial panel member may require a Legacy Commission officer
to provide information about any matter which might reasonably be
expected to give rise to such a conflict of interest or otherwise affect
the officer’s ability to carry out that work fairly and impartially, and
(b) where a Legacy Commission officer is (or is to be) required or allowed
1
to assist that judicial panel member to comply with the request, the
47 Northern Ireland Troubles Bill
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officer must provide that judicial panel member with information
about any such matter.
(9) In this section “relevant conduct” means—
(a)
5
the conduct which caused the death to which the inquisitorial
proceedings relate (the “main conduct”), or
(b) any other conduct that relates to, or is otherwise connected with, the
main conduct;
and for this purpose other conduct is (in particular) to be regarded as
10
connected with the main conduct if all of that conduct formed part of the
same event.
Reports on the findings of inquisitorial proceedings
62 Production of report on the findings of proceedings
(1) This section applies where inquisitorial proceedings have been carried out.
(2)
15
The relevant judicial panel member must produce a final report on the findings
of the proceedings.
(3) The final report must be as comprehensive as possible, having regard to—
(a) the need for the report to be accessible to the public,
(b) any restrictions imposed under section 56 on disclosure or publication
of evidence or documents, and
20(c) the duties imposed on the Legacy Commission by sections 10(1) and
17(2).
(4) The final report must include a statement of the manner in which the
proceedings were carried out.
(5) In this Part “final report” means a report under this section.
2563 Checks of reports for prejudicial material etc
(1) This section applies where section 62 requires a judicial panel member to
produce a final report.
(2) Before producing the final report, or giving a draft of the report or other
30
material to any person under section 64, the judicial panel member must give
a draft of the report to—
(a) the Secretary of State, and
(b) any relevant authority that—
(i) made prejudicial information or sensitive information available
35
under section 13 in connection with the inquisitorial
proceedings, or
(ii) identified information as prejudicial information or sensitive
information under paragraph 2 or 3 of Schedule 4 in connection
with the proceedings.
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(3) The judicial panel member must during the applicable response period—
(a) allow the Secretary of State to make representations about whether
the publication of the final report by the Legacy Commission would
cause the Commission to contravene—
5(i) any restriction imposed under section 56, or
(ii) a duty imposed on the Commission under section 10(1) or
17(2), and
(b) allow any relevant authority which is given a draft of the report under
10
this section to make representations of a kind mentioned in paragraph
(a)(ii).
(4) “Applicable response period”, in relation to a person who is given a draft of
the report under this section, means—
(a) the period of 60 days beginning with the day on which the draft is
given to the person, or
15(b) if the Secretary of State is satisfied that there is good reason to extend
the period, such longer period as the Secretary of State determines
and notifies to the judicial panel member before the end of the period
of 60 days.
20
The judicial panel member must notify the person of any period extended
under paragraph (b).
(5) The judicial panel member must not produce the final report, or give a draft
of the report or other material to any person under section 64, until after the
applicable response period has ended (or all of the applicable response periods
have ended).
25(6) If representations are made in accordance with this section, the judicial panel
member must—
(a) in producing the final report, or preparing a draft of the report or
other material to be given to a person under section 64, take the
representations into account, and
30(b) before giving a draft of the report or other material to any person
under section 64, notify the person who made the representations
about how the representations have been taken into account.
64 Consultation on reports
(1) This section applies where—
35(a) section 62 requires a judicial panel member to produce a final report,
and
(b) the judicial panel member has complied with all applicable duties
imposed under section 63.
(2) Before producing the final report, the judicial panel member must—
40(a) give a draft of the report to each core participant (if any), and
(b) allow each core participant to make representations about the report
during the applicable response period.
49 Northern Ireland Troubles Bill
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(3) The judicial panel member is not required to give a draft of the report to a
person under subsection (2)(a) if that person has informed the judicial panel
member that they do not wish to receive it.
(4)
5
If it is proposed to include in the final report material criticising an individual,
the judicial panel member must, before producing the report—
(a) give a copy of that material to the individual, and
(b) allow the individual to make representations about that material during
the applicable response period.
(5)
10
If it is proposed to include in the final report material criticising a public
authority, the judicial panel member must, before producing the report—
(a) give a copy of that material to the public authority or to a person who,
in the judicial panel member’s view, currently has responsibility for
the public authority, and
(b)
15
allow that public authority or person to make representations about
that material during the applicable response period.
(6) Subsection (5) applies even if the public authority has previously been given
a draft of the final report containing that material under section 63.
(7) The judicial panel member must not produce the final report until after the
20
applicable response period has ended (or all of the applicable response periods
have ended).
(8) When deciding whether to include particular material in the final report, the
judicial panel member—
(a) must take into account representations made in accordance with this
section, and
25(b) may exclude the material if they consider that it would not be in the
public interest to include it.
(9) If the judicial panel member has consulted a person under this section, this
section does not require the judicial panel member to give that person a draft
of any revised version of the final report or any material included in it.
30(10) If this section requires the judicial panel member to give a draft of the final
report to two or more persons, the judicial panel member is not required to
give the same draft to all of those persons.
(11) “Applicable response period”, in relation to a person who is consulted under
this section, means—
35(a) the period of 30 days beginning with the day on which the draft or
copy of material is given to the person, or
(b) if the judicial panel member is satisfied that there is good reason to
extend the period, such longer period as the judicial panel member
determines.
40The judicial panel member must notify the person of any period extended
under paragraph (b).
(12) In this section—
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“material criticising a public authority” means material which, in the
judicial panel member’s view, constitutes significant criticism of a
public authority (and that material may consist of or include criticism
of one or more individuals, whether living or not);
5“material criticising an individual” means material which, in the judicial
panel member’s view, constitutes significant criticism of a living
individual who was involved in the conduct examined in the course
of the inquisitorial proceedings.
65 Publication of reports
10(1) This section applies where a judicial panel member has produced a final
report.
(2) The Legacy Commission must publish the final report in such manner as it
considers appropriate.
66 Final reports: supplementary provisions
15(1) The duties under sections 62 to 65 must be complied with as soon as
practicable after the inquisitorial proceedings have been carried out; but this
is subject to subsection (2).
(2) If any of the conduct examined in the course of the inquisitorial proceedings
20
is or has been referred to a prosecutor under section 61, the final report is
not to be produced or published unless and until—
(a) the prosecutor has made a decision not to prosecute P for any relevant
offence, or
(b) if the prosecutor has made a decision to prosecute P for any relevant
25
offence or offences, the prosecution or prosecutions are no longer
continuing.
(3) For the purposes of subsection (2)—
(a) “P” means the person who carried out the conduct referred under
section 61 (“the referred conduct”);
(b)
30
“relevant offence”, in relation to a referral to a prosecutor under section
61, means—
(i) a suspected offence notified to the prosecutor under section 61
in connection with the referral, or
(ii) any other offence which the referred conduct constitutes;
(c)
35
section 42(3) (whether prosecution is regarded as continuing) applies
as it applies for the purposes of section 42(2).
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PART 5
INVESTIGATIONS AND INQUISITORIAL PROCEEDINGS: GENERAL
Personal statements
67 Personal statements by persons affected by deaths etc
5(1) This section applies where—
(a) an investigation under Part 3 is being carried out, or
(b) inquisitorial proceedings are being carried out.
(2) The appropriate judicial panel member must give each eligible person an
10
opportunity to provide, to the Legacy Commission, a statement (a “personal
statement”) about the way in which, and degree to which, the matters
mentioned in subsection (3) have affected, and continue to affect—
(a) the eligible person, and
(b) any other persons (so far as the eligible person is aware of, and wishes
the statement to deal with, the effect on those persons).
15(3) The matters are—
(a) in the case of an investigation under Part 3, the conduct to which the
investigation relates (“relevant conduct”), any death or serious physical
or mental harm caused by the relevant conduct and the event during
which the relevant conduct occurred;
20(b) in the case of inquisitorial proceedings, the death to which the
proceedings relate, the conduct that caused the death and the event
during which that conduct occurred.
(4) If an eligible person provides a personal statement, the appropriate judicial
25
panel member must give the eligible person an opportunity to supplement
the statement.
(5) “Eligible person”, in the case of an investigation under Part 3, means—
(a) if a person’s death was caused by relevant conduct—
(i) each known close family member of the deceased, or
(ii)
30
if there are no known close family members, any known family
member of the deceased to whom the judicial panel member
considers it appropriate to give an opportunity to provide a
personal statement;
(b) if a person (“the injured person”) was caused to suffer serious physical
or mental harm by relevant conduct—
35(i) the injured person, or
(ii) if the injured person has subsequently died, each known close
family member of the injured person or, if there are no known
close family members, any known family member of the injured
40
person to whom the judicial panel member considers it
appropriate to give an opportunity to provide a personal
statement.
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(6) “Eligible person”, in the case of inquisitorial proceedings, means—
(a) each known close family member of the deceased, or
(b) if there are no known close family members, any known family
5
member of the deceased to whom the judicial panel member considers
it appropriate to give an opportunity to provide a personal statement.
(7) For the purposes of this section—
(a) “the appropriate judicial panel member” means the judicial panel
member appointed under section 38 or (as the case may be) presiding
over the inquisitorial proceedings;
10(b) a person is “known” if they are known to the Legacy Commission by
virtue of any of its functions under this Act;
(c) section 27(3) (meaning of “serious physical or mental harm”) applies.
(8) For the meaning of “close family member” of the deceased, see section 93.
68 Publication of personal statements
15(1) This section applies where an eligible person—
(a) provides a personal statement in accordance with section 67, and
(b) notifies the Legacy Commission that they wish the personal statement
to be published by the Commission.
(2) The Legacy Commission must publish the personal statement.
20(3) But that duty does not apply if publication of the personal statement—
(a) would contravene section 10(1) or 17(2),
(b) would contravene any restriction imposed under section 56, or
(c) would, in the appropriate judicial panel member’s view, be contrary
to the public interest.
25(4) In such a case, the appropriate judicial panel member must, if it is possible
to do so, produce an edited version of the personal statement the publication
of which would not—
(a) contravene section 10(1) or 17(2),
(b) contravene any restriction imposed under section 56, or
30(c) be, in the appropriate judicial panel member’s view, contrary to the
public interest.
(5) Where—
(a) the appropriate judicial panel member produces an edited version of
a personal statement in accordance with subsection (4), and
35(b) the person who provided the personal statement agrees to the
publication of that version,
the Legacy Commission must publish that version.
(6) The duties under subsections (2), (4) and (5) do not apply if, and for as long
40
as, section 42(2) or 66(2) has the effect of suspending the duty to publish any
final report on the findings of the investigation or inquisitorial proceedings
in question.
53 Northern Ireland Troubles Bill
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(7) If the Legacy Commission—
(a) intends to publish an edited version of the personal statement in
accordance with subsection (5), or
(b) intends to publish neither—
5(i) the personal statement because subsection (3) applies, nor
(ii) any edited version of the personal statement because it is not
possible to do so in accordance with subsection (4),
it must give the person who provided the personal statement reasons for its
decision.
10(8) In this section—
(a) “the appropriate judicial panel member” has the meaning given by
section 67(7)(a);
(b) a reference to a personal statement includes anything which
supplements a personal statement;
15(c) a reference to an edited version of a personal statement includes a
version of the statement which has been redacted.
Welfare of witnesses etc
69 Duty to have regard to welfare of witnesses etc
(1)
20
This section applies where an investigation under Part 3 or inquisitorial
proceedings are being carried out.
(2) The relevant Director of Investigations or relevant judicial panel member (as
the case may be) must, in exercising their functions in relation to the
investigation or proceedings, have regard to the welfare of any individual
25
who gives evidence to, or otherwise participates in, the investigation or
proceedings.
Referrals to the Police Ombudsman for Northern Ireland
70 Referral to the Police Ombudsman for Northern Ireland
(1) This section applies where an investigation under Part 3 or inquisitorial
proceedings are being, or have been, carried out.
30(2) If the relevant Director of Investigations or relevant judicial panel member
(as the case may be) considers there is evidence that a member of the PSNI
may have committed a relevant offence, they must refer the matter to the
Police Ombudsman for Northern Ireland (“the Ombudsman”).
(3) A “relevant offence” is any Troubles-related offence other than—
35(a) murder, manslaughter or culpable homicide,
(b) any other offence committed by causing the death of a person,
(c) an offence committed by causing a person to suffer serious physical
or mental harm (within the meaning given by section 27(3)), or
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(d) an offence which is not itself within paragraph (a), (b) or (c) but which
is related to, or is otherwise connected with, an offence within any of
those paragraphs (whether the offences were committed by the same
person or different persons).
5For this purpose, one offence is to be regarded as connected with another
offence (in particular) if both offences formed part of the same event.
(4) For the purposes of this section an offence is “Troubles-related” if—
(a) it is an offence under the law of Northern Ireland, England and Wales
or Scotland, and
10(b) the conduct which constitutes the offence was to any extent conduct
forming part of the Troubles.
(5) Subsection (6) applies if—
(a) the Ombudsman sends a report to the Director of Public Prosecutions
15
for Northern Ireland under section 58(2) of the Police (Northern
Ireland) Act 1998 in connection with a referral under this section, and
(b) the Ombudsman is requested under section 58(3) of that Act to provide
further information in connection with the report.
(6) If the Legacy Commission holds any of the requested information and may
20
(under another provision of this Act) disclose that information to the
Ombudsman, it must do so.
71 Investigation by the Ombudsman following section 70 referral
(1) Part 7 of the Police (Northern Ireland) Act 1998 (police complaints and
disciplinary proceedings) is amended as follows.
(2)
25
In section 50A (complaints relating to conduct forming part of the Troubles),
after subsection (5) insert—
“(5A) This section does not prevent the Ombudsman from—
(a) carrying out an investigation under section 56 in connection
with a referral to the Ombudsman under section 70 of the
Northern Ireland Troubles Act 2025, or
30(b) carrying out a criminal investigation for the purposes of a
prosecution, other than a private prosecution, in connection
with such a referral.”
(3) In section 55 (consideration by the Ombudsman of matters other than
complaints)—
35(a) in subsection (5), after “or (4A),” insert “or section 70 of the Northern
Ireland Troubles Act 2025,”;
(b) in subsection (7), after paragraph (b) insert—
“(c) the Legacy Commission, in the case of a matter referred
40
under section 70 of the Northern Ireland Troubles Act
2025,”.
(4) In section 59 (disciplinary proceedings after investigation)—
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(a) in subsection (1), after “section 57(8)” insert “, other than a
Troubles-related report,”;
(b) after subsection (1) insert—
“(1ZA) Subsection (1B) also applies if—
5(a) the Director decides to initiate criminal proceedings in
relation to the subject matter of a Troubles-related report
sent to the Director under section 58(2), and
(b) a member of the police force is convicted in those
proceedings.
10(1ZB) A “Troubles-related report” is a report under section 56(6) in
connection with a matter referred to the Ombudsman under
section 70 of the Northern Ireland Troubles Act 2025.”
(5) In section 62 (statements by Ombudsman about exercise of functions)—
(a) the existing text becomes subsection (1);
15(b) after subsection (1) insert—
“(2) If the Ombudsman proposes to publish such a statement in
relation to a matter referred under section 70 of the Northern
Ireland Troubles Act 2025, the Ombudsman—
(a)
20
must not publish the statement until after the final
report is published, and
(b) must not duplicate the content of that report, except to
the extent necessary to explain the Ombudsman’s
actions, decisions or determinations.
(3)
25
The “final report” means the report published under section
41 or 65 of that Act following the investigation or inquisitorial
proceedings (as the case may be) in connection with which the
referral was made.”
(6) In section 63 (disclosure of information), after subsection (4) insert—
“(5)
30
Subsection (1) does not permit the disclosure of sensitive information
except to—
(a) a person to whom subsection (1) applies;
(b) the Director of Public Prosecutions for Northern Ireland;
(c) the Director of Public Prosecutions;
(d) the Lord Advocate;
35(e) a coroner in Northern Ireland or England and Wales who is—
(i) a judge of the High Court in Northern Ireland,
(ii) a judge of the High Court in England and Wales,
(iii) a county court judge in Northern Ireland, or
(iv) a Circuit judge in England and Wales;
40(f) a sheriff in Scotland, if the disclosure is made in respect of an
inquiry into a death being, or to be, held under the Inquiries
into Fatal Accidents and Sudden Deaths etc. (Scotland) Act
2016 (asp 2).
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(6) For the purposes of subsection (5)—
(a) information is “sensitive information” if it was received by a
person to whom subsection (1) applies under paragraph 4(2)(g)
of Schedule 5 to the Northern Ireland Troubles Act 2025, and
5(b) information ceases to be sensitive information if the Legacy
Commission notifies a person to whom subsection (1) applies
that the information is no longer sensitive information for the
purposes of that Act.”
(7)
10
In section 64 (Department of Justice regulations), in subsection (2A)(b), after
“or (4A)” insert “, or section 70 of the Northern Ireland Troubles Act 2025,”.
PART 6
THE INDEPENDENT COMMISSION ON INFORMATION RETRIEVAL
The ICIR and its remit
72 The Independent Commission on Information Retrieval
15(1) In this Part—
“the ICIR” means the Independent Commission on Information Retrieval
established by an agreement made between His Majesty’s Government
in the United Kingdom and the Government of Ireland done at Belfast
on 15 October 2015, and
20“the ICIR agreement” means that agreement (as amended from time to
time).
(2) The principal functions of the ICIR are—
(a) to receive and retain information about deaths within its remit (see
section 73), and
25(b) where requested, to seek information and provide reports about those
deaths to families (see sections 74 to 77).
(3) The ICIR has the legal capacities of a body corporate.
(4) The ICIR has the functions conferred on it by this Part and any additional
30
functions conferred on it by the ICIR agreement; and it must exercise those
functions in accordance with this Part and that agreement.
(5) The ICIR must not do anything which—
(a) would risk prejudicing, or would prejudice, the national security
interests of the United Kingdom or Ireland,
(b)
35
would risk putting, or would put, the life or safety of any person at
risk, or
(c) would risk having, or would have, a prejudicial effect on any actual
or prospective legal proceedings in any part of the United Kingdom
or Ireland.
(6) For the purposes of subsection (5)(c)—
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(a) “legal proceedings” means any criminal or civil proceedings, including
proceedings before a coroner or an inquiry under the Inquiries into
Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2),
and
5(b) legal proceedings are “prospective” at any time if, in the view of the
ICIR, the proceedings are likely to be brought within a reasonable
period after that time.
(7) The Secretary of State may make payments or provide other resources to, or in respect
of, the ICIR in connection with the exercise of the ICIR’s functions.
1073 Information about deaths
(1) A person’s death is within the remit of the ICIR if the death was caused
directly by conduct forming part of the Troubles.
(2) It is a function of the ICIR to receive and retain information about deaths
within its remit.
15(3) The ICIR must not disclose the name or identity of any individual from whom
the ICIR has received information about a death within its remit.
(4) Where the ICIR has received information about a death within its remit, it
must not disclose the name or identity of any individual who is identified
20
by that information as being responsible for any of the conduct which caused
the death.
(5) The provision of information by a person to the ICIR does not give the person
immunity from prosecution for any criminal offence.
(6) Information provided to the ICIR about a death within its remit and any
25
evidence obtained directly or indirectly as a result of the information being
provided to the ICIR—
(a) is not admissible in legal proceedings (which has the meaning given
in section 72(6)), and
(b) may not be used by the Legacy Commission in connection with an
investigation under Part 3 or inquisitorial proceedings.
30(7) Subsection (6) does not affect the admissibility or use of—
(a) information which is held by a person other than the ICIR, unless that
information has been obtained directly or indirectly from the ICIR, or
(b) evidence obtained otherwise than as described in that subsection, even
if the evidence has also been obtained as described in that subsection.
35Requests for information about deaths
74 Requests by families for information
(1) Where a person’s death is within the remit of the ICIR, a family member of
the deceased may make a request to the ICIR for information about the death.
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(2) The ICIR must keep a person who makes a request under this section informed
about the progress of the request.
(3) A request under this section may not be made after the end of the request
period.
5(4) The “request period” is the period of two years beginning with the day on
which this section comes into force for all purposes.
(5) The Secretary of State may by regulations amend subsection (4) so as to
increase the length of the period for the time being specified in that provision.
(6) Regulations under subsection (5) are subject to affirmative procedure.
1075 Accepting and rejecting requests for information
(1) This section applies where a person makes a request under section 74.
(2) The ICIR must reject the request if—
(a) the ICIR considers that an investigation (by a person other than the
15
ICIR) of the death to which the request relates is necessary for the
purposes of ECHR compatibility, or
(b) an investigation under Part 3 of the conduct which caused that death
is being carried out as a criminal investigation.
(3) For the purposes of subsection (2)(a)—
(a)
20
an investigation is “necessary for the purposes of ECHR compatibility”
where the United Kingdom would contravene Article 2 or 3 of the
Convention (within the meaning of the Human Rights Act 1998) if the
investigation were not carried out, and
(b) “investigation”, in relation to a death, includes an inquest (or, in
Scotland, an inquiry) into that death.
25(4) For the purposes of subsection (2)(b), an investigation under Part 3 is “carried
out as a criminal investigation” unless and until the relevant Director of
Investigations decides that it is not to be carried out as a criminal investigation
(see section 36(2) and (3)).
(5) Subject to subsection (2), the ICIR—
30(a) must accept the request if it is made by a person who is a close family
member of the deceased (see section 93) and meets the residency
qualification;
(b) may accept the request if—
(i)
35
it is made by a person who is a close family member of the
deceased but does not meet the residency qualification, and
(ii) the ICIR is satisfied that it is nevertheless appropriate to accept
the request;
(c) must reject the request if it is made by a family member of the
40
deceased other than a close family member, unless the ICIR is
satisfied—
59 Northern Ireland Troubles Bill
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(i) that no close family member of the deceased objects to the
request, and
(ii) that it is appropriate to accept the request,
(in which case the ICIR may accept the request).
5(6) When determining for the purposes of subsection (5)(c) whether it is
“appropriate” to accept the request, the ICIR must have regard (in particular)—
(a) to the family relationship between the person making the request and
the deceased, and
(b)
10
to whether the person making the request meets the residency
qualification.
(7) The person making the request meets the “residency qualification” if the
person—
(a) was resident in the United Kingdom or Ireland at the time of the
deceased’s death, or
15(b) is resident in the United Kingdom or Ireland at the time the request
is made.
76 Reports for families
(1) This section applies where the ICIR accepts a request made under section 74.
(2) The ICIR must—
20(a) seek information about the death to which the request relates,
(b) produce a report about the death at the conclusion of its enquiries
into the death, and
(c) give the report to the person who made the request.
(3)
25
The report must contain only information the credibility of which has been
established to the satisfaction of the ICIR.
(4) If further (credible) information about the death is obtained by the ICIR after
the report is produced or given, the ICIR may produce and give a revised
report under subsection (2)(c).
(5)
30
If a report about the death has previously been produced and given under
subsection (2) for an earlier request, it is for the ICIR to determine if, and to
what extent, it should again seek information about the death before producing
the report for the current request.
(6) If—
(a)
35
before the ICIR produces or gives the report, the Legacy Commission
begins an investigation under Part 3 of the conduct which caused the
death, and
(b) that investigation is being carried out as a criminal investigation (which
has the meaning given by section 75(4)),
40
the ICIR must not produce or give the report unless and until the final report
on the findings of the investigation is published under section 41.
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(7) The functions conferred by this section must (in particular) be exercised in
accordance with—
(a) section 77, and
(b) Article 11 of the ICIR agreement.
5(8) A report produced under this section is referred to in this Part as a “family
report”.
77 Reports for families: safeguards
(1) This section applies in relation to a family report.
(2)
10
Before giving the report to a person under section 76(2)(c), the ICIR must
give a draft of the report to the Secretary of State.
(3) The Secretary of State may, during the decision period, notify the ICIR either—
(a) that, in the Secretary of State’s view, none of the information contained
in the report would prejudice the national security interests of the
15
United Kingdom or put at risk the life or safety of any person in the
United Kingdom, or
(b) that, in the Secretary of State’s view, information contained in the
report would cause that prejudice or risk.
(4) A notification under subsection (3)(b) must identify the particular information
which would, in the Secretary of State’s view, cause that prejudice or risk.
20(5) The ICIR must not give the report to a person under section 76(2)(c) unless—
(a) the Secretary of State gives a notification under subsection (3)(a),
(b) the Secretary of State gives a notification under subsection (3)(b) and,
before giving the report to the person, the ICIR excludes from it all
information identified under subsection (4), or
25(c) the decision period ends without the Secretary of State giving a
notification under subsection (3)(a) or (b).
(6) Where—
(a) the Secretary of State gives a notification under subsection (3)(b), and
(b) the ICIR does not change the report as described in subsection (5)(b),
30this section does not prevent the ICIR from producing a different report under
section 76 (and this section applies again in relation to any different report
that is produced).
(7) The ICIR must not give a family report to any person except—
(a) under section 76(2)(c), and
35(b) in accordance with this section.
(8) In this section “decision period”, in relation to a family report, means the
period of 60 days beginning with the day on which a draft of the report is
given to the Secretary of State.
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78 Communication between the ICIR and Legacy Commission
(1) The ICIR must notify the Legacy Commission where a request under section
74 is made.
(2)
5
A notification under subsection (1) must specify the death to which the request
relates (“the relevant death”).
(3) After receiving a notification under subsection (1), the Legacy Commission
must—
(a) give the ICIR a notice stating whether it is carrying out an investigation
under Part 3 of the conduct which caused the relevant death, and
10(b) if it subsequently begins such an investigation, notify the ICIR of that
fact.
(4) The ICIR must notify the Legacy Commission of whether (under section 75)
it accepts or rejects the request.
(5)
15
If the ICIR rejects the request, subsection (3)(b) ceases to apply in relation to
the request.
(6) Where the Legacy Commission notifies the ICIR under subsection (3) that it
is carrying out an investigation of the conduct which caused the relevant
death, the notification must state whether the investigation is being carried
out as a criminal investigation (which has the meaning given by section 75(4)).
20(7) If whether or not the investigation is being carried out as a criminal
investigation subsequently changes, the Legacy Commission must notify the
ICIR of that fact.
Offences
79 Unauthorised disclosure of family report by member of the ICIR
25(1) A person who is a member of the ICIR commits an offence if their conduct
(in any part of the world) causes the ICIR to contravene the duty imposed
under section 77(7) (restriction on disclosing family reports).
(2) A person who commits an offence under this section is liable—
(a)
30
on summary conviction in Northern Ireland, to imprisonment for a
term not exceeding 6 months or a fine not exceeding the statutory
maximum (or both);
(b) on summary conviction in England and Wales, to imprisonment for
a term not exceeding the general limit in a magistrates’ court or a fine
(or both);
35(c) on summary conviction in Scotland, to imprisonment for a term not
exceeding 12 months or a fine not exceeding the statutory maximum
(or both);
(d) on conviction on indictment, to imprisonment for a term not exceeding
2 years or a fine (or both).
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80 Unauthorised disclosure of information by member of the ICIR etc
(1) A person who is the holder of a relevant position commits an offence if—
(a) the person discloses (in any part of the world except Ireland)
information about a death within the ICIR’s remit,
5(b) the person obtained the information in their capacity as the holder of
a relevant position, and
(c) the person is not authorised by the ICIR to make the disclosure on
the ICIR’s behalf.
(2)
10
It is a defence for a person charged with an offence under subsection (1) to
prove that they reasonably believed that the ICIR had authorised them to
make the disclosure.
(3) A person who has ceased to be the holder of a relevant position commits an
offence if—
(a)
15
the person discloses (in any part of the world except Ireland)
information about a death within the ICIR’s remit, and
(b) the person obtained the information in their capacity as the holder of
a relevant position.
(4) The communication of information to a person who holds a relevant position
is not a disclosure of the information for the purposes of this section.
20(5) A person who commits an offence under this section is liable—
(a) on summary conviction in Northern Ireland, to imprisonment for a
term not exceeding 6 months or a fine not exceeding the statutory
maximum (or both);
(b)
25
on summary conviction in England and Wales, to imprisonment for
a term not exceeding the general limit in a magistrates’ court or a fine
(or both);
(c) on summary conviction in Scotland, to imprisonment for a term not
exceeding 12 months or a fine not exceeding the statutory maximum
(or both);
30(d) on conviction on indictment, to imprisonment for a term not exceeding
2 years or a fine (or both).
(6) A reference in this section to a person holding a relevant position is a reference
to the person being—
(a) a member of the ICIR,
35(b) a member of the staff of the ICIR, or
(c) an agent of, or person carrying out work for or giving advice to, the
ICIR.
Supplementary provision
81 Legal privileges
40(1) Except in so far as in any particular case any privilege or immunity is waived
by the ICIR, the ICIR has immunity from suit and legal process.
63 Northern Ireland Troubles Bill
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(2) Except in so far as in any particular case the ICIR waives it, the ICIR has the
like inviolability of official archives and premises as in accordance with the
1961 Convention Articles is accorded in respect of the official archives and
premises of a diplomatic mission.
5(3) But the ICIR may not waive any inviolability of official archives in so far as
they contain—
(a) information about deaths within the ICIR’s remit, and
(b) records that relate to such information.
(4) The Secretary of State may by regulations—
10(a) confer on the ICIR, in such cases, to such extent and with such
modifications as the regulations may specify, any of the privileges and
immunities set out in Part 1 of Schedule 1 to the International
Organisations Act 1968 which are not conferred by subsections (1) and
(2),
15(b) confer on members and staff of the ICIR and members of their families
who form part of their households, in such cases, to such extent and
with such modifications as the regulations may specify, any of the
privileges and immunities set out in Parts 2, 3 and 5 of that Schedule,
and
20(c) make provision about the waiver of such privileges and immunities.
(5) The reference in subsection (4)(b) to staff of the ICIR includes agents of, and
persons carrying out work for or giving advice to, the ICIR.
(6) In this section “the 1961 Convention Articles” means the Articles (being certain
25
Articles of the Vienna Convention on Diplomatic Relations signed in 1961)
which are set out in Schedule 1 to the Diplomatic Privileges Act 1964.
82 Annual reports
(1) In the period of 6 months after the end of each financial year, the ICIR must—
(a) produce and publish a report about that year, and
(b)
30
give a copy of the report to His Majesty’s Government in the United
Kingdom and to the Government of Ireland.
(2) The report must deal with the following matters—
(a) patterns and themes that the ICIR has identified from its work,
(b) the level of co-operation that the ICIR has received in carrying out its
work,
35(c) the finances of the ICIR,
(d) the administration of the ICIR,
(e) the number of requests made under section 74,
(f) the number of family reports given under section 76, and
(g) the volume of information about deaths received by the ICIR.
40(3) Each report must include a statement of the number of notifications under
section 77(3)(b) (risk of prejudice or harm arising from family reports) which
the Secretary of State has, in the financial year concerned, given to the ICIR.
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(4) “Financial year”, in relation to the ICIR, means—
(a) the period which—
(i) begins with the day on which section 74 comes into force for
all purposes, and
5(ii) ends with the following 31 March; and
(b) each subsequent period of one year which ends with 31 March.
83 Conclusion of the ICIR’s work
(1) At the end of the ICIR’s operational period, the ICIR must destroy—
(a) all the information it holds about deaths within its remit, and
10(b) all the records it holds which relate to such information.
(2) The ICIR’s “operational period” is the period—
(a) beginning when the request period begins, and
(b) ending 6 months after the end of the request period.
15
Section 74(4) (meaning of “request period”) applies for the purposes of this
subsection.
(3) The Secretary of State may by regulations amend subsection (2)(b) so as to
increase or decrease the number of months for the time being specified in
that provision.
(4)
20
The Secretary of State may by regulations make provision for winding up the ICIR
after the end of the operational period.
(5) Regulations under subsection (4) may (in particular) make provision for the transfer
of property, rights and liabilities (whether or not otherwise capable of being
transferred), including any acquired or arising after the regulations are made.
(6)
25
Regulations under subsection (4) may (in particular) repeal or otherwise
amend any provision of this Part other than—
(a) section 73(5) to (7),
(b) section 80(3) to (6),
(c) section 81, and
(d) this section.
30(7) Before making regulations under subsection (4), the Secretary of State must
consult—
(a) the Government of Ireland, and
(b) any other person the Secretary of State considers appropriate.
(8)
35
The provision that may be made in regulations under subsection (4) by virtue
of section 92(5) includes provision to secure that the information and records
referred to in subsection (1) are destroyed (whether by the ICIR or otherwise).
(9) Regulations under this section are subject to affirmative procedure.
(10) If a draft of an instrument containing regulations under subsection (4) would,
1
apart from this subsection, be treated for the purposes of the Standing Orders
65 Northern Ireland Troubles Bill
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of either House of Parliament as a hybrid instrument, it is to proceed in that
House as if it were not a hybrid instrument.
PART 7
INQUESTS
584 Stopped inquests in Northern Ireland
(1) The Coroners Act (Northern Ireland) 1959 is amended as follows.
(2) In section 16A (closure of inquests into deaths resulting directly from the
Troubles)—
(a) for subsection (1) substitute—
10“(1) This section applies to an inquest into a death that resulted
directly from the Troubles if—
(a) the inquest was initiated before 1 May 2024 but not
allocated to a coroner before that day, or
(b)
15
the inquest was initiated and allocated to a coroner
before 1 May 2024 but the coroner ceased progressing
the inquest before that day for reasons relating to public
interest immunity.”;
(b) after subsection (4) insert—
“(5)
20
Subsections (2) and (3) are subject to section 16AB(2)(a)
(inquests resumed at direction of Advocate General).
(6) For the purposes of this section, a coroner ceases progressing
an inquest “for reasons relating to public interest immunity”
if—
(a)
25
evidence or documents are (or are to be) withheld from
the inquest on grounds of public interest immunity,
and
(b) the coroner considers that, without the evidence or
documents, it is not possible for a final determination,
verdict or findings to be made or given at the inquest.”
30(3) After section 16A insert—
“16AA Stopped inquests: duty of coroners to resume formerly active inquests
(1) This section applies to an inquest into a death that resulted directly
from the Troubles if—
(a)
35
the inquest was initiated and allocated to a coroner before 1
May 2024,
(b) the coroner did not cease progressing the inquest before that
day for reasons relating to public interest immunity, and
(c) section 16A (as it had effect on 1 May 2024) required the
coroner to close the inquest.
40(2) The coroner must resume and conduct the inquest.
Northern Ireland Troubles Bill 66
Part 7—Inquests

(3) If the coroner is unable to do so, the Presiding coroner must allocate
the inquest to another coroner for the purposes of subsection (2).
(4) Section 16A(6) applies for the purposes of this section.
16AB Stopped inquests: power of Advocate General to give directions
5(1) This section applies to an inquest into a death that resulted directly
from the Troubles if the inquest was initiated before 1 May 2024 by
virtue of a direction under section 14 but not allocated to a coroner
before that day.
(2)
10
The Advocate General for Northern Ireland (“the Advocate General”)
must either—
(a) direct the Presiding coroner to allocate a coroner to resume
and conduct the inquest (and the allocated coroner must do
so), or
(b)
15
direct the senior judicial panel member, appointed under the
Northern Ireland Troubles Act 2025, that section 50 of that Act
applies to the death.
(3) For the purposes of deciding which kind of direction to give under
subsection (2), the Advocate General may require the Presiding coroner
20
to provide any information held by the Presiding coroner in connection
with the inquest.
(4) In deciding which kind of direction to give under subsection (2), the
Advocate General must (in particular) take into account—
(a) whether timely progress is more likely to be made by resuming
25
the inquest or by carrying out the inquisitorial proceedings
(under Part 4 of the Northern Ireland Troubles Act 2025),
(b) the views of known family members of the person to whose
death the inquest relates on which kind of direction should be
given, and
(c)
30
the views of relevant authorities on which kind of direction
should be given.
(5) The Advocate General must give a direction under subsection (2)(b)
if sensitive information would be—
(a) likely to be disclosed in the course of a resumed inquest or
inquisitorial proceedings, or
35(b) likely to be withheld from a resumed inquest on grounds of
public interest immunity,
unless, in all the circumstances and taking into account the factors
specified in subsection (4), they consider it appropriate to give a
direction under subsection (2)(a).
40(6) For the purposes of subsections (4) and (5)—
67 Northern Ireland Troubles Bill
Part 7—Inquests

(a) a family member is “known” if they are known to the Advocate
General by virtue of any of the Advocate General’s functions,
and
(b)
5
“relevant authority” and “sensitive information” have the same
meanings as in the Northern Ireland Troubles Act 2025.
(7) The Advocate General must give the direction under subsection (2)
before the end of the decision period, unless it is not practicable to
do so (in which case the direction must be given as soon as practicable
after the end of that period).
10(8) The “decision period” is the period of 18 months beginning with the
day on which this section comes into force for all purposes.
16AC Resumed inquests: general provision
(1) This section applies in relation to an inquest resumed in accordance
with—
15(a) section 16AA, or
(b) a direction given to the Presiding coroner under section 16AB.
Such an inquest is referred to in this section and section 16AD as a
“resumed inquest”.
(2)
20
Rules under section 36(1)(b) may make provision about a resumed
inquest, including provision—
(a) for a resumed inquest to proceed (for all or certain purposes)
as a fresh inquest or an inquest resumed after being adjourned;
(b) for things previously done in connection with a resumed
inquest—
25(i) to be taken into account,
(ii) to be ignored, or
(iii) to continue to have, to again have, or to cease to have,
effect;
(c)
30
for a coroner conducting a resumed inquest to exercise a
discretion in relation to the matters described in paragraphs
(a) and (b).
(3) A coroner conducting a resumed inquest must not do anything which
duplicates anything previously done in connection with the inquest
unless, in the coroner’s view, the duplication is essential.
35(4) The Presiding coroner must consult the Advocate General for Northern
Ireland before issuing guidance about the management or conduct of
resumed inquests (including guidance relating to the welfare of
individuals who give evidence to, or otherwise participate in, such
inquests).
40(5) A coroner must have regard to guidance issued by the Presiding
coroner about the management or conduct of resumed inquests.
Northern Ireland Troubles Bill 68
Part 7—Inquests

16AD Resumed inquests: live links
(1) A person required by a coroner to give evidence at a resumed inquest
may apply to the coroner for permission to give that evidence through
5
a live audio link or live video link (and may do so if permission is
given).
(2) The coroner must give permission unless they consider that it is
impracticable for the person to give evidence in that manner.
(3) Permission may be given whether the person is in the United Kingdom
or elsewhere.
10(4) If the coroner refuses or withdraws permission, they must give reasons
to the person.
(5) A statement made on oath by a person outside Northern Ireland and
given in evidence through a live audio link or live video link under
15
this section is to be treated for the purposes of Article 3 of the Perjury
(Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) as having been
made in the inquest in which it is given in evidence.
(6) In this section—
“live audio link” is a live telephone link or other arrangement
which—
20(a) enables a person (“P”) to hear all other persons
attending an inquest who are not in the same location
as P, and
(b) enables all other persons attending an inquest who are
not in the same location as P to hear P;
25“live video link” is a live television link or other arrangement
which—
(a) enables a person (“P”) to see and hear all other persons
attending an inquest who are not in the same location
as P, and
30(b) enables all other persons attending an inquest who are
not in the same location as P to see and hear P.
(7) The extent (if any) to which a person is unable to hear or see by reason
of any impairment of hearing or eyesight is to be disregarded for the
purposes of subsection (6).
3516AE Coroners to notify deaths subject to inquisitorial proceedings
(1) Where an inquest into a person’s death is allocated to a coroner and
it appears to the coroner that section 50 of the Northern Ireland
Troubles Act 2025 (deaths subject to inquisitorial proceedings) applies
40
to the death, they must notify the senior judicial panel member (within
the meaning of that Act) of that fact.
(2) Where the senior judicial panel member receives a notification under
subsection (1) from a coroner, they must—
69 Northern Ireland Troubles Bill
Part 7—Inquests

(a) determine whether section 50 of the Northern Ireland Troubles
Act 2025 applies to the death, and
(b) if they determine that section does apply to the death, notify
the coroner of that determination.
5(3) If a coroner receives a notification under subsection (2)(b) about a
death and they have not yet closed the inquest mentioned in subsection
(1), they must close it (including by discharging any jury that has been
summoned).
(4)
10
A duty imposed by this section must be complied with as soon as
practicable.”
(4) In section 16C (interpretation)—
(a) in subsection (1), for “and 16B” substitute “to 16B”;
(b) after subsection (4) insert—
“(5)
15
An inquest is “allocated” to a coroner if, after being initiated,
the Presiding coroner makes that coroner responsible for
conducting the inquest to its conclusion.”
85 Inquests directed by Law Officers after winding up of Legacy Commission
(1) The Secretary of State may by regulations repeal or otherwise amend a relevant
20
enactment for the purpose of enabling and requiring inquests (or, in Scotland,
inquiries) to be held into deaths caused directly by conduct forming part of
the Troubles—
(a) after the Secretary of State has made regulations under section 25(1)
(winding up of Legacy Commission),
(b) at the direction of the relevant law officer, and
25(c) in such circumstances as may be specified.
(2) “Relevant enactment” means—
(a) the Coroners Act (Northern Ireland) 1959,
(b) the Coroners Act 1988,
(c) the Coroners and Justice Act 2009, or
30(d) the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland)
Act 2016 (asp 2).
(3) “The relevant law officer”, in relation to—
(a) the Coroners Act (Northern Ireland) 1959, means the Attorney General
for Northern Ireland or Advocate General for Northern Ireland;
35(b) the Coroners Act 1988 and the Coroners and Justice Act 2009, means
the Attorney General;
(c) the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland)
Act 2016, means the Lord Advocate.
(4) Regulations under this section are subject to affirmative procedure.
Northern Ireland Troubles Bill 70
Part 7—Inquests

PART 8
FURTHER PROVISION RELATING TO THE TROUBLES
The historical record of deaths
86 Production of the historical record
5(1) The Legacy Commission must produce a record (“the historical record”) of
deaths that were caused by conduct forming part of the Troubles.
(2) The historical record is to consist of a single document which gives an account
of the circumstances in which each of the relevant deaths occurred.
(3) The Legacy Commission must take all reasonable steps—
10(a) to identify all deaths that were caused by conduct forming part of the
Troubles, and
(b) to identify and obtain—
(i) the information about the relevant deaths that is publicly
available, and
15(ii) other information about the relevant deaths which the Legacy
Commission considers is likely to be of use in producing the
historical record.
(4) The Legacy Commission may request a person to provide information in
connection with the production of the historical record.
20(5) But it may not request information that relates to a relevant death, or to the
event in which that death occurred (“the relevant event”), to be provided
by—
(a) a member of the family of the deceased,
(b)
25
a person who suffered physical or mental harm as a result of the
relevant event or a member of that person’s family, or
(c) a member of the family of any other person whose death was caused
by conduct forming part of the relevant event.
(6) Subsection (5) does not prevent the Legacy Commission from making a request
30
to a person in their capacity as the holder of an employment, office or other
position.
(7) A person may provide information if requested to do so by the Legacy
Commission, but only if the provision of the information would not
contravene—
(a) any obligation of confidence owed by the person, or
35(b) any other restriction on the disclosure of information (however
imposed).
(8) When deciding whether it is reasonable to take a particular step for the
purposes of subsection (3)(a) or (b), the Legacy Commission may (in particular)
40
take into account whether that step would, in its view, involve
disproportionate effort or cost.
71 Northern Ireland Troubles Bill
Part 8—Further provision relating to the Troubles

(9) In this section “relevant deaths” means those deaths which the Legacy
Commission identifies, after taking all reasonable steps in accordance with
subsection (3)(a), as deaths that were caused by conduct forming part of the
5
Troubles, except those deaths for which investigations under Part 3 or
inquisitorial proceedings are carried out.
87 Publication of the historical record
(1) The Legacy Commission must publish the historical record, in such manner
as it considers appropriate.
(2)
10
This section does not require the Legacy Commission to publish the historical
record unless (and until) it can do so in accordance with sections 10(1) and
17(2).
Criminal investigations
88 Relaxation of restriction on criminal investigations by police forces etc
(1)
15
Section 38 of the Northern Ireland Troubles (Legacy and Reconciliation) Act
2023 (criminal investigations of Troubles-related offences) is amended as
follows.
(2) For the heading substitute “Criminal investigations of Troubles-related
offences”.
(3) For subsection (1) substitute—
20“(1) No criminal investigation of any serious or connected Troubles-related
offence may be continued or begun by a person other than the Legacy
Commission.”
(4) Omit subsections (2) and (3).
(5)
25
In section 42(3) of that Act, for “the ICRIR” substitute “the Legacy
Commission”.
Interim custody orders
89 Interim custody orders
(1) It is lawful for a Minister of State or Under-Secretary of State to make an
interim custody order on behalf of the Secretary of State.
30(2) Any order so made is to be treated as an order of the Secretary of State.
(3) In this section “interim custody order” means an interim custody order
under—
(a) article 4 of the Detention of Terrorists (Northern Ireland) Order 1972
(S.I. 1972/1632 (N.I. 15)), or
35(b) paragraph 11 of Schedule 1 to the Northern Ireland (Emergency
Provisions) Act 1973.
Northern Ireland Troubles Bill 72
Part 8—Further provision relating to the Troubles