Northern Ireland Troubles Bill — Explanatory Notes: Bill 310 EN 2024-26

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Bill 310 – EN 59/1

NORTHERN IRELAND TROUBLES BILL
EXPLANATORY NOTES
What these notes do
These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced in the House
of Commons on 14 October 2025 (Bill 310).
● These Explanatory Notes have been prepared by the Northern Ireland Office in order to
assist the reader of the Bill and to help inform debate on it. They do not form part of the
Bill and have not been endorsed by Parliament.
● These Explanatory Notes explain what each part of the Bill will mean in practice; provide
background information on the development of policy; and provide additional information
on how the Bill will affect existing legislation.

● These Explanatory Notes might best be read alongside the Bill. They are not, and are
not intended to be, a comprehensive description of the Bill.

2
These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
Table of Contents
Subject Page of these Notes

Overview of the Bill/Act 4
Policy background 5
Contents of the Bill 7
Reforming and renaming the Independent Commission for Reconciliation and
Information Recovery (ICRIR) 7
Investigations 7
Scope of investigations 7
Referrals 8
Information Retrieval Body 8
Disclosure 8
Interim Custody Orders 8
Rights, Protections and Safeguards 10
Inquests 10
Inquisitorial Proceedings 11
Legal background 11
Territorial extent and application 11
Commentary on provisions of the Bill 13
Part 1: Introductory 13
Clause 1: Introduction 13
Clause 2: Meaning of “the Troubles” and related expressions 13
Part 2: The Legacy Commission 13
Clause 3: The Legacy Commission 14
Clause 4: The Commissioners 14
Clause 5: Directors of Investigations 14
Clause 6: Judicial panel members 15
Clause 7: Chief Executive Officer and other Legacy Commission officers 15
Clause 8: Victims and Survivors Advisory Group 16
Clause 9: Consultation about appointments 16
Clause 10: Actions of the Legacy Commission and its officers: safeguards
17
Clause 11: Duty to exercise functions consistently with certain principles 17
Clause 12: Operational powers of Legacy Commission officers 18
Clause 13: Full disclosure by relevant authorities to the Legacy Commission
19
Clause 14: Supply of information 19
Clause 15: Admissibility of material in criminal proceedings 20
Clause 16: Sensitive, prejudicial and protected international information 21
Clause 17: Disclosure of information: general power and prohibitions 21
Clause 18: Offence relating to disclosure of information 22

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
Clause 19: Legacy Commission’s use of information obtained by it 22
Clause 20: Guidance and protocols relating to information 23
Clause 21: Regulations about the holding and handling of information 23
Clause 22: Biometric material 24
Clause 23: Work plans and annual reports 24
Clause 24: Independent reports on Legacy Commission’s performance of its
functions 25
Clause 25: Conclusion of the Legacy Commission’s work 25
Part 3: Investigations of conduct causing death and other harm 26
Clause 26: Investigations: general duties 26
Clause 27: Requests for investigations by family members and seriously
injured persons 27
Clause 28: Requests for investigations by public authorities 27
Clause 29: Requests for investigations: general 29
Clause 30: Accepting and rejecting requests for investigations 29
Clause 31: Dealing with subsequent requests for investigations 30
Clause 32: Power of the Directors of Investigations to initiate investigations
31
Clause 33: Notifying family members and others about new investigations 32
Clause 34: Allocation of investigations 32
Clause 35: Managing the investigation caseload 33
Clause 36: Conduct of investigations 33
Clause 37: Notifying family members and others about conduct of
investigations 34
Clause 38: Production of reports on the findings of investigations 34
Clause 39: Checks of reports for prejudicial material etc 35
Clause 40: Consultation on reports 35
Clause 41: Issuing and publication of reports 36
Clause 42: Final reports: supplementary provision 36
Clause 43: Referral to prosecutors 37
Clause 44: Conflicts of interest: policy statement 37
Clause 45: Conflicts of interest: officers to provide information 37
Clause 46: Role of Directors of Investigations in relation to conflicts of
interest 38
Clause 47: Role of the Chief Executive Officer in relation to conflicts of
interest 38
Part 4: Inquisitorial Proceedings 39
Clause 48: Inquisitorial Proceedings 39
Clause 49: No determination of liability 39
Clause 50: Deaths to be examined 39
Clause 51: Conduct of inquisitorial proceedings 40
Clause 52: Notifying family members about new inquisitorial proceedings 41
Clause 53: Core participants 41
Clause 54: Evidence via live link 42
Clause 55: Public access to proceedings and information 42

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
Clause 56: Restrictions on public access etc 43
Clause 57: Restriction notices and orders: further provision 44
Clause 58: Restriction notices and orders: enforcement 45
Clause 59: Legal representation and other expenses 45
Clause 60: Regulations about procedure and evidence 45
Clause 61: Referral to prosecutors 46
Clause 62: Production of report on the findings of proceedings 46
Clause 63: Checks of reports for prejudicial material etc 47
Clause 64: Consultation on reports 47
Clause 65: Publication of reports 48
Clause 66: Final reports: supplementary provisions 49
Part 5: Investigations and inquisitorial proceedings: general 49
Clause 67: Personal statements by persons affected by deaths etc 49
Clause 68: Publication of personal statements 50
Clause 69: Duty to have regard to welfare of witnesses etc 50
Clause 70: Referral to the Police Ombudsman for Northern Ireland 51
Clause 71: Investigation by the Ombudsman following section 70 referral 51
Part 6: The Independent Commission on Information Retrieval 52
Clause 72: The Independent Commission on Information Retrieval 52
Clause 73: Information about deaths 53
Clause 74: Requests by families for information 53
Clause 75: Accepting and rejecting requests for information 53
Clause 76: Reports for families 54
Clause 77: Reports for families: safeguards 55
Clause 78: Communication between the ICIR and Legacy Commission 55
Clause 79: Unauthorised disclosure of family report by member of the ICIR
56
Clause 80: Unauthorised disclosure of information by member of the ICIR
etc 56
Clause 81: Legal privileges 57
Clause 82: Annual reports 57
Clause 83: Conclusion of the ICIR’s work 58
Part 7: Inquests 59
Clause 84: Stopped inquests in Northern Ireland 59
Clause 85: Inquests directed by law officers after winding up of the Legacy
Commission 61
Part 8: Further provision relating to the Troubles 61
Clause 86: Production of the historical record 61
Clause 87: Publication of the historical record 62
Clause 88: Relaxation of restriction on criminal investigations by police
forces etc 62
Clause 89: Interim custody orders 62
Clause 90: Interim custody orders: supplementary 63
Part 9: General 63

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
Clause 91: Consequential provision 63
Clause 92: Regulations 64
Clause 93: Meaning of “close family member” of deceased person 64
Clause 94: Interpretation of Act 64
Clause 95: Application to the Crown 64
Clause 96: Extent 64
Clause 97: Commencement 64
Clause 98: Short title 65
Schedules 65
Schedule 1: The Legacy Commission etc. 65
Schedule 2: Operational powers of the Legacy Commission Officers 65
Schedule 3: Supply of Information: Enforcement 65
Schedule 4: Identification of sensitive, prejudicial or protected international
information 66
Schedule 5: Permitted disclosures of information 66
Schedule 6: Minor and consequential amendments 66
Commencement 66
Financial implications of the Bill 67
Parliamentary approval for financial costs or for charges imposed 67
Compatibility with the European Convention on Human Rights 67
Environmental Law for the purposes of the Environment Act 2021 67
Related documents 68
Annex A - Territorial extent and application in the United Kingdom 68

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
Overview of the Bill/Act
1 This Bill amends (including repealing and replacing Part 2 of) the Northern Ireland Troubles
(Legacy and Reconciliation) Act 2023 (‘the 2023 Act’) and puts in place mechanisms to
address the legacy of the Troubles in Northern Ireland. The Bill delivers reforms to the
current system for addressing legacy issues including: reforms to the structure and
governance of the body established to investigate legacy cases; changes to information
disclosure and next of kin participation in cases; ensuring a human rights compliant
procedure for investigations; the restoration of those inquests that had begun but were halted
by the 2023 Act and a new process for the Solicitor General to assess how other inquest cases
should be progressed; new inquisitorial proceedings for cases that cannot be progressed
through the coronial system; and gives statutory footing to a new body established with the
Irish Government, to provide families with an additional means to retrieve info rmation.
Policy background
2 The Northern Ireland Troubles generally refers to a violent 30-year period which began in the
mid - late 1960s. More than 3,500 people were killed during the Troubles, including over 1000
members of the security forces. Of those killed, it is estimated that 58% were the responsibility
of republican paramilitaries, 30% of loyalist paramilitaries, and 10% of the security forces
1.
3 The Troubles are considered to have ended with the signing of the Good Friday Agreement in
April 1998, although deaths and violence continued after that date, and it is widely
acknowledged that the Agreement did not fully address the legacy of the Troubles.
4 The Stormont House Agreement in 2014 built on previous attempts to address the legacy of
the past. It was negotiated over 11 weeks and included the UK Government, the Northern
Ireland parties and the Irish Government. The Government consulted on draft legislation
in
2018, receiving over 17,000 responses. A summary of the responses was published in July
2019, alongside a draft Bill, but the Stormont House Agreement was never implemented.
5 The previous Parliament subsequently legislated for the 2023 Act, which was found, in parts,
to be incompatible with the European Convention on Human Rights (ECHR) by the courts in
Northern Ireland. The Act set up the Independent Commission for Reconciliation and
Information Recovery (“the ICRIR”) to investigate Troubles-related deaths and serious injury.
The 2023 Act ended criminal investigations, inquests and civil claims related to the Troubles
that had not reached an advanced stage by a certain date. It was opposed by the all the parties
in Northern Ireland, and caused immense hurt and anger amongst victims and survivors.
While a growing number of families are taking cases to the ICRIR, it has struggled to win the
confidence of many victims and survivors, their representatives and other stakeholders. As a
result, there is no current mechanism to address the legacy of the past in Northern Ireland in a
way that commands greater support from all communities. This Bill aims to address that gap.

1 CAIN Web Service summarising: An Index of Deaths from the Conflict in Ireland 1969 -1993, Malcolm Sutton

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
6 The Secretary of State for Northern Ireland made an oral statement to the House of Commons
on 4 December 2024 setting out the changes the Government intended to make in response to
court rulings on the ICRIR, alongside laying a proposal for a draft Remedial Order (‘’the
Remedial Order”). The purpose of the Remedial Order is to provide clarity by rectifying some
of the Human Rights incompatibilities in the Legacy Act identified by the Northern Ireland
Courts. A proposal for a draft Order was laid before both Houses as required under the
Human Rights Act. The Joint Committee on Human Rights (JCHR) published a report on the
Remedial Order, outlining representations that they received alongside recommendations for
the Government to consider.
7 This Government has now reached agreement with the Irish Government on a joint
framework for addressing the Legacy of Troubles, announced on 19 September 2025. This is a
comprehensive agreement that has resulted from the UK and Irish governments working in
partnership to agree on effective legacy mechanisms that comply with legal obligations, can
command public confidence, and return to the principles of the Stormont House Agreement.
8 Accompanying this Bill, on 14 October 2025, the Government laid a revised draft Remedial
Order alongside a response to the JCHR, responding to each of their recommendations.
Specifically, the Remedial Order will, if adopted by Parliament, remove all provisions from
the Act relating to immunity from prosecution, and enable all civil proceedings that were
prohibited by the 2023 Act, including future cases, to proceed.

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
Contents of the Bill

Reforming and renaming the Independent Commission for
Reconciliation and Information Recovery (ICRIR)
9 The Bill puts in place provisions to fundamentally reform the structure, governance and
processes of the ICRIR - including renaming it the “Legacy Commission”. More robust
conflicts of interest duties have been included for Commissioners and Commission off icers,
including the new Directors of Investigations roles. The Bill requires the Secretary of State’s
appointments to the Commission to be made following consultation with relevant
individuals, in order to inform the appointments process. The roles of Commissioners, the
Directors for Investigations and members of the Victims and Survivors Advisory Group will
be publicly advertised. Judicial Panel members will be appointed following consultation with
relevant judicial figures. The Bill includes new accountability arrangements for the
Commission, including an oversight board to be chaired by the Legacy Commissioner and a
statutory victims and survivors advisory group with the aim that the voices of all those
affected by the Troubles are heard in the Commission’s work. The Bill also creates statutory
provision for an independent person to undertake regular scheduled reviews of the
performance by the Commission of its functions.
Investigations
10 The Bill’s provisions to enhance the Legacy Commission’s investigatory function aim to
achieve two main outcomes:
a. To address concerns about its investigative scope, we are clearly outlining the
Commission's ability to conduct fact-finding and criminal investigations in line with
UK investigative standards, reflecting in statute the operational reality.
b. To expand the referral process to improve efficiency and confidence in the
Commission’s management of its caseload and in turn improve its ability to discharge
the State’s obligations under the European Convention of Human Rights (ECHR).
Scope of investigations
11 The changes here relate to the scope of the Commission’s remit, i.e. the period in which the
Commission may accept referrals, what happens after that period has ended, and any other
cases which can be investigated. The 2023 Act provided for a 5-year period in which new
investigations could be started. This Bill restarts the 5-year period from the date the relevant
provisions of the Bill are commenced, to reflect the wider changes to the Commission and the
desire to give families more time to consider whether they want the Commission to undertake
an investigation or not.
12 The Bill also allows the Commission - in certain specific circumstances - to carry out
investigations outside the initial 5-year period.
13 The 2023 Act allows the Commission to investigate Troubles-related deaths and serious

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
injuries, as well as offences connected to Troubles-related deaths and serious injuries. It
precluded investigation or prosecution of other Troubles-related offences. This Bill restores
responsibility for investigating these offences to the relevant police forces.
Referrals
14 The Bill will expand the referral process for investigations from family members and those
who have been seriously injured to improve efficiency and confidence in the Commission’s
management of its caseload and in turn improve its ability to discharge the State’s ECHR
obligations. This will be done by adding to the list of public bodies who are able to refer cases
directly to the Commission.
Information Retrieval Body
15 The Bill confers statutory functions on a separate, international body called the Independent
Commission on Information Retrieval (ICIR), as envisaged in the 2014 Stormont House
Agreement (SHA), and via bilateral treaty with the Irish Government signed in 2015 (as
amended). The ICIR’s primary purpose is to receive and retain information about deaths
within its remit and where requested provide reports about those deaths to families.
Information it receives is not admissible in legal proceedings and may not be used by the
Legacy Commission in connection with an investigation or inquisitorial proceeding. Equally
the ICIR does not have powers to conduct investigations like the Legacy Commission.
Disclosure
16 The Bill amends the 2023 Act insofar as it relates to the disclosure of information by the
Commission. The changes are intended to align with other existing legislation and case law,
and to maximise disclosure of information while ensuring that necessary safeguards are in
place. This includes changing the definition of sensitive information to remove the ‘de facto’
element (i.e. that information will no longer be designated sensitive based on the organisation
which owns it); introducing a new requirement for the Secretary of State to conduct a
balancing exercise when considering whether or not it is in the overall public interest to
withhold sensitive information from onward disclosure; and to give reasons, to the extent
possible, where that information cannot be disclosed.
Interim Custody Orders
17 Interim Custody Orders (ICOs) authorised the temporary detention of individuals suspected
of involvement in terrorism in Northern Ireland (“NI”) during the 1970s. In 2020, the Supreme
Court held in Adams that ICOs made without the personal consideration of the Secretary of
State were unlawful. ICOs affected by the Adams decision were made retrospectively lawful
by sections 46 and 47 of the 2023 Act and both civil claims and compensation for miscarriage
of justice claims were barred. However, these provisions were held to be incompatible with
Convention Rights by the NI High Court in Dillon & others.

18 The Government believes the judgment in Adams to be an incorrect interpretation of
Parliament’s intention in enacting the Detention of Terrorists (Northern Ireland) Order 1972

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
and it is important to put that intention beyond doubt - i.e. that the Carltona principle - which
allows junior ministers and Civil servants to exercise statutory powers on behalf of the
Secretary of State - applied to the making of these Interim Custody Orders.
19 The Bill provides that ICOs made by junior ministers on behalf of the Secretary of State are
retrospectively lawful.

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
Rights, Protections and Safeguards
20 Included within this Bill are new protections that will apply to individuals who engage with
legacy processes, including veterans who served in Northern Ireland during the Troubles.
These include:
a. Protection from repeated investigations – The Legacy Commission will be under a
requirement to not duplicate the work of any previous investigations unless it is
essential to do so.
b. A right to give evidence remotely – coroners and the Legacy Commission will be
under a duty to permit witnesses to give evidence remotely ensuring that no
witnesses, including Northern Ireland veterans, need to travel to Northern Ireland to
give evidence to the Legacy Commission or to an inquest where modern technology
allows them to do so remotely. For a state witness, support will always be available
to enable the witness to give evidence from home or from a suitable alternative
location if they prefer.
c. Ensuring witnesses, including veterans, can seek anonymity when giving evidence to
the Legacy Commission, and requiring the Commission to take account of wider
circumstances surrounding incidents being investigated.
d. This Bill requires the Legacy Commission and coroners to consider the welfare of
witnesses when requesting or requiring them to give evidence.
e. There will be a statutory advisory group that will provide an opportunity for the
voices of victims and survivors of the Troubles to be heard, including those from the
armed forces and police.
Inquests
21 Section 44 of the 2023 Act prevented coroners from starting new inquests into deaths resulting
directly from the Troubles and required any inquest which had not reached the
verdict/determination stage to be closed. Troubles-related inquests that had not reached an
advanced stage stopped from 1 May 2024.
22 The new provisions relating to Troubles-related inquests can be broadly categorised as:
a. Restoration of Troubles-related inquests which had been assigned a responsible
coroner prior to 1 May 2024, except those that had ceased progressing prior to 1 May
for reasons relating to public interest immunity, which will be dealt with by separate
decisions;
b. Providing a new mechanism whereby the Solicitor General (as delegated by the
Advocate General for Northern Ireland) will assess those cases which had not been
assigned a responsible coroner, including those the Attorney General for Northern
Ireland had directed to be held as inquests prior to 1 May 2024, and decide whether
they should be held as an inquest or transfer to the Commission;

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
c. Providing for the Attorney General for Northern Ireland to direct inquests to be held
into Troubles-related deaths after the Legacy Commission is wound up in certain,
exceptional circumstances; and
d. Creating provisions regarding the handling of Troubles-related cases which proceed
as inquests.

Inquisitorial Proceedings
23 The Bill introduces new inquisitorial proceedings that will be conducted by the Legacy
Commission. The inquisitorial proceedings will be reserved for cases referred to the
Commission that cannot otherwise proceed through the coronial system, and will be chaired
by a member of the judicial panel. The inquisitorial proceedings, which draw on the Inquiries
Act 2005 model, will have provision for public hearings and effective next of kin participation
(including through legal representation), and will be able to consider sensitive information in
closed hearings. The judicial member will publish a report following the conclusion of
inquisitorial proceedings.
Legal background
24 The primary purpose of the Bill is to repeal and replace Part 2 and certain sections of Part 3 of
the 2023 Act.
25 In Re Dillon’s application for judicial review [2024] NIKB 11 the Northern Ireland High Court
held that various provisions of the 2023 Act were incompatible with Convention rights and
made declarations of incompatibility under section 4 of the Human Rights Act 1998 (’HRA
1998’). Further declarations of incompatibility were then identified by the Northern Ireland
Court of Appeal [2024] NICA 59. Certain findings made by that Court are the subject of an
appeal to the UK Supreme Court (with the appeal being heard in October 2 025). The Secretary
of State laid a draft Remedial Order before Parliament under section 10 HRA 1998 in
December 2024 (with the revised draft being laid on 14 October 2025). The Remedial Order
will, if adopted by Parliament, repeal a number of the provisions that were the subject of the
Courts’ declarations in advance of Royal Assent of this Bill. The remaining incompatibilities
are remedied through changes being made in this Bill.
Territorial extent and application
26 The Bill makes provision about the investigation of deaths and serious harm resulting from
the incidents of the Northern Ireland Troubles, repealing and replacing many provisions of
the 2023 Act.
27 All of the provisions of the Bill extend to Northern Ireland and most deal with matters that
are devolved to Northern Ireland - principally criminal justice and policing, the investigation
of deaths and the investigation and detection of offences. Similarly, most of the provisions

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
relate to matters that are devolved to the Scottish Parliament and there are provisions that
confer functions on the Lord Advocate. The LCM process will therefore be engaged in relation
to the Bill in respect of Northern Ireland and Scotland.
28 None of the provisions of the Bill relate to matters that are devolved to Senedd Cymru. While
most of the clauses do extend and apply to Wales, all are outside the legislative competence of
the Senedd on the basis that they relate to one or more of the following reserved matters: the
detection and investigation of crime, the subject matter of Part 1 of the Coroners and Justice
Act 2009 (i.e. the investigation of deaths), policing, national security and counter -terrorism; or
the conferral of functions on Ministers of the Crown.
29 See the table in Annex A for a summary of the position regarding territorial extent and
application in the United Kingdom.

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
Commentary on provisions of the Bill
Part 1: Introductory
Clause 1: Introduction
30 This clause sets out that the Independent Commission for Reconciliation and Information
Recovery is renamed the “Legacy Commission” and its governance and functions are
reformed.
31 Subsection (1) sets out that the Bill reforms the governance and functions of the Independent
Commission for Reconciliation and Information Recovery .
32 Subsection (2) confirms that while the Independent Commission for Reconciliation and
Information Recovery continues to exist, it is renamed “the Legacy Commission”.
33 Subsection (3) provides that Part 2 of the 2023 Act, including Schedules 1 to 8 to that Act, is
repealed.
34 Subsection (4) sets out that this Bill also makes provision about the Independent Commission
on Information Retrieval; makes provision about inquests; and makes further provision
relating to the Troubles.
Clause 2: Meaning of “the Troubles” and related expressions
35 This clause defines events and conduct that form part of the Troubles, for the purposes of the
Bill.
36 Subsection (1) sets out that the Troubles means the events and conduct that related to
Northern Ireland affairs that occurred during the period from 1 January 1966 to 10 April 1998.
37 Subsection (2) makes clear that that includes any events and conduct concerned with
preventing, investigating, or otherwise dealing with the consequences of any other event or
conduct relating to Northern Ireland affairs.
38 Subsection (3) confirms that where the Bill refers to an event or conduct “forming part of the
Troubles” that is to be interpreted in accordance with subsections (1) and (2).
39 Subsection (4) notes that “conduct” also includes an act or omission.
40 Subsection (5) sets out when, for the purposes of the Bill, a death was “caused directly” by
conduct forming part of the Troubles.
41 Subsection (6) confirms that, for the purposes of this clause and the Bill, it does not matter
where an event or conduct occurred. This subsection also defines “Northern Ireland affairs”
for the purposes of the Bill.
Part 2: The Legacy Commission
Clause 3: The Legacy Commission

15
These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
42 This clause deals with the constitution and principal functions of the Legacy Commission and
its oversight board.
43 Subsection (1) sets out that the Legacy Commission is made up of the Legacy Commissioner,
between two and five other Commissioners (the number to be determined by the Secretary of
State – see paragraph 8 of Schedule 1), two Directors of Investigations, the judicial panel
members and the Chief Executive Officer. Clauses 4 to 7 make further provision about these
people.
44 Subsection (2) sets out the Legacy Commission’s principal functions, which include carrying
out investigations and inquisitorial proceedings. The remainder of the Bill provides further
detail and gives the Commission further specific functions.
45 Subsection (3) requires that, in exercising its functions, the Legacy Commission have regard to
the need to secure public confidence in its work.
46 Subsection (4) establishes the Legacy Commission’s oversight board, consisting of the
Commissioners and the Chief Executive Officer.
47 Subsection (5) sets out the oversight board’s principal functions, which include setting the
strategic priorities and objectives for the Commission and scrutinising the exercise of its
functions. It will also oversee the work of the Commission’s officers, and authorise the
allocation and exercise of the Commission’s functions. The remainder of the Bill provides
further detail.
48 Subsection (6) provides that 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
Commission’s functions.
49 Subsection (7) states that Part 1 of Schedule 1 makes further provision about the Legacy
Commission and the oversight board.
Clause 4: The Commissioners
50 This clause deals with the Commissioners.
51 Subsections (1) and (2) state that the Secretary of State is to appoint the Commissioners and
that, in doing so, the Secretary of State must so far as practicable ensure that one or more of
the Commissioners have experience gained outside the United Kingdo m that is relevant to the
work of the Legacy Commission under Parts 3 and 4 (investigations and inquisitorial
proceedings).
52 Subsection (3) states that Part 2 of Schedule 1 makes further provision about the
Commissioners.
Clause 5: Directors of Investigations
53 This clause deals with the Directors of Investigations.
54 Subsections (1) and (2) state that the Secretary of State must appoint two persons to be

16
These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
Directors of Investigations and that, in doing so, the Secretary of State must so far as
practicable ensure that one of the Directors has experience of conducting criminal
investigations in Northern Ireland and the other has experience of conducting criminal
investigations outside Northern Ireland.
55 Subsection (3) states that Part 3 of Schedule 1 makes further provision about Directors of
Investigations.
Clause 6: Judicial panel members
56 This clause deals with the Legacy Commission’s judicial panel.
57 Subsections (1) and (2) state that the Secretary of State must appoint members of the judicial
panel and that 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).
58 Subsection (3) requires the Secretary of State to appoint one of the judicial panel members as
the senior judicial panel member.
59 Subsection (4) provides that where the person appointed under subsection (3) ceases to be a
judicial panel member, they also cease to be the senior judicial panel member.
60 Subsection (5) states that Part 4 of Schedule 1 makes further provision about judicial panel
members.
Clause 7: Chief Executive Officer and other Legacy Commission officers
61 This clause deals with the Chief Executive Officer and other officers of the Legacy
Commission.
62 Subsection (1) requires the Legacy Commission to employ or second a person to be its Chief
Executive Officer.
63 Subsection (2) provides that the Legacy Commission may employ other persons to be officers
of the Legacy Commission.
64 Subsection (3) provides that the Legacy Commission may make arrangements for other
persons to be seconded to serve as officers of the Legacy Commission.
65 Subsection (4) requires that in employing and seconding persons, the Legacy Commission
must so far as practicable ensure that those persons include persons who have experience of
conducting criminal investigations in Northern Ireland, persons who have expe rience of
conducting criminal investigations elsewhere, and persons who are able to provide support to
the Commission’s judicial panel.

66 Subsection (5) sets out what “Legacy Commission officers” means in this Bill.
67 Subsection (6) states that Part 5 of Schedule 1 makes further provision about Legacy

17
These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
Commission officers.
Clause 8: Victims and Survivors Advisory Group
68 This clause deals with the Victims and Survivors Advisory Group (‘the Group’).
69 Subsection (1) requires the Secretary of State to establish the Group.
70 Subsection (2) sets out that the Group’s purpose is to provide general advice to the Legacy
Commission and the Secretary of State about exercising their functions under the Bill in a way
which meets the needs and uphold the rights and interests of victims and survivors of
conduct forming part of the Troubles and their family members.
71 Subsection (3) requires that the Group consists of between 3 and 7 members appointed by the
Secretary of State (one of whom is to be appointed chair).
72 Under subsection (4) the Secretary of State must so far as practicable—
(a) ensure that the members include one or more victims and survivors of conduct
forming part of the Troubles, and one or more persons appearing to the Secretary of
State to represent the interests of victims and survivors of such conduct; and
(b) ensure that membership is balanced as respects associations with the different
communities in Northern Ireland.
73 Subsection (5) clarifies that references to victims and survivors include victims and survivors
who were members of the armed forces or a police force.
74 Subsection (6) sets out that each member is to hold and vacate office in accordance with the
terms and conditions of their appointment.
75 Under subsection (7) the Secretary of State must settle the Group’s terms of reference
(describing the scope of its work), having sought its representations and taking them into
account in finalising the terms. The finalised terms must be given to the Gro up and
published, Under subsection (8), 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 when exercising
functions under the Bill.
Clause 9: Consultation about appointments
76 This clause deals with consultation regarding the appointment by the Secretary of State of the
Commissioners, Directors of Investigations, judicial panel members and members of the
Victims and Survivors Advisory Group (“relevant appointments”). Consultati on informs the
respective appointment processes for these roles.
77 Subsection (1) requires the Secretary of State to publish a list of persons that the Secretary of
State will consult about the making of a relevant appointment.
78 Subsection (2) provides that different lists may be published in respect of different kinds of
relevant appointment.
79 Subsection (3) provides that the Secretary of State may revise any list published under this

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
clause (and must publish any revised list).
80 Subsection (4) provides that before making a relevant appointment, the Secretary of State
must consult the persons appearing on the relevant list.
81 Subsection (5) sets out what “relevant appointment” means.
82 Subsection (6) states that “the relevant list” means the list published that applies to the
relevant appointment in question.
Clause 10: Actions of the Legacy Commission and its officers: safeguards
83 This clause sets out the safeguards around the work of the Legacy Commission and its
officers.
84 Under subsection (1) the Legacy Commission must not do anything which would —
(c) damage, or risk damaging, UK national security;
(d) put, or risk putting, the life or safety of any person at risk; or
(e) prejudice, or risk prejudicing, actual or prospective criminal proceedings in the UK.

85 Subsection (2) provides that 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 under Part 4.
86 Subsection (3) clarifies that 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.
87 Subsection (4) signposts clause 17, which makes specific provision about how subsection (1)
operates in relation to the disclosures of information.
88 Subsection (5) sets out what “relevant Legacy Commission officer” means in this clause and
clause 10. It does not include the Directors of Investigations or the Chief Executive Officer,
because they are always subject to the relevant duties as part of the Legacy Commission (not
only when they are carrying out work in connection with an investigation or inquisitorial
proceedings).
Clause 11: Duty to exercise functions consistently with certain principles
89 This clause sets out principles which the Legacy Commission (and in some cases relevant
Legacy Commission officers) must exercise their functions in accordance with. These
principles are in line with those set out in the draft Northern Ireland (Stormont House
Agreement) Bill.
90 Under subsection (1) the Legacy Commission must, in exercising a function under the Bill, do
so in a way that is consistent with the following principles (in line with the ‘general principles’
in of the Draft Northern Ireland (Stormont House Agreement) Bill):
(a) reconciliation should be promoted

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
(b) the rule of law should be upheld;
(c) the suffering of victims and survivors should be acknowledged
(d) the pursuit of justice and the recovery of information should be facilitated;
(e) human rights should be respected; and
(f) the approach to dealing with Northern Ireland’s past should be balanced,
proportionate, transparent, fair and equitable.

91 Under subsection (2) a relevant Legacy Commission officer must, in exercising a function
under this Bill in connection with an investigation under Part 3 or inquisitorial proceedings
under Part 4, do so in a way that is consistent with those principles.
92 Subsection (3) applies the definition of ‘relevant Legacy Commission officer’ in clause 10 to
this clause.
Clause 12: Operational powers of Legacy Commission officers
93 This section covers the designation of officers of the Legacy Commission as having the powers
and privileges of a constable.
94 Subsection (1) states that a Director of Investigations is designated as a person having the
powers and privileges of a constable.
95 Subsection (2) allows the Directors of Investigations to designate any other Legacy
Commission officer as a person having the powers and privileges of a constable, if they are
satisfied that the officer:
(a) is capable of effectively exercising those powers and privileges (whether the person
has exercised those powers before will be relevant here);
(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 (a matter of
judgement for the Directors, taking into account, in particular, the person’s policing
experience).
96 Subsection (3) provides that the powers and privileges of a constable which a Legacy
Commission officer has by virtue of a designation under this clause may be exercised for the
purposes of, or in connection with, any function of the Legacy Commission exce pt its
functions under clauses 86 and 87 (production of historical record of deaths).
97 Subsection (4) states that Schedule 2 contains further provision about the operational powers
of Legacy Commission officers.
Clause 13: Full disclosure by relevant authorities to the Legacy Commission
98 This clause covers the requirements around disclosure of material by a relevant authority to
the Legacy Commission.
99 Subsection (1) sets out that a relevant authority must make available to the Legacy
Commission such information, documents and other material as a Director of Investigation or

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
judicial panel member allocated an investigation or inquisitorial proceedings (“the relevant
person”) requires.
100 Subsection (2) provides that a relevant authority may also make available to the Legacy
Commission any information they believe may be needed in an investigation under Part 3 or
inquisitorial proceedings.
101 Subsection (3) states that material must be made available in such manner as the Director of
Investigations or judicial panel member requires. Subject to that, subsection (4) says that it is
for the relevant authority and the Director of Investigations or judicial panel member to agree
the manner in which the material is to be made available.
102 Subsection (5) sets out what a requirement under subsection (3) and an agreement under
subsection (4) may cover.
103 Subsection (6) requires that a requirement under subsection (3) (including anything required
by virtue of subsection (5)) must be consistent with any regulations made by the Secretary of
State about holding and handling of information by the Legacy Commission (see clause 21).
104 Subsection (7) sets out that certain people (including chief officers of police forces) may be
required to give the Legacy Commission reasonable assistance for the purposes of, or in
connection with, the effective use of material made available by that person under this
section.
105 Subsection (8) states that it is not a breach of any obligation of confidence or any other
restriction on the disclosure of information for a relevant authority to make material available
under this clause.
106 Subsection (9) defines “relevant person” as the Director of Investigations or judicial member
allocated the investigation or proceedings.
107 Subsection (10) defines “relevant authority”.
Clause 14: Supply of information
108 This clause sets out the powers of the Directors of Investigation and judicial panel members to
require information to be supplied to the Legacy Commission.
109 Subsection (1) sets out that the powers conferred by subsections (2) and (3) may be exercised
by the Director of Investigations or judicial panel member who has been allocated an
investigation or inquisitorial proceedings (“the relevant person”).
110 Subsection (2) sets out that the Director of Investigations or judicial panel member may by
notice require a person to attend at a time and place stated in the notice to be reasonable, to
provide information or produce material which they possess or contro l.
111 Subsection (3) contains a similar power as regards the provision of information and
production of other material within a reasonable period.
112 Subsection (4) requires that a notice under this clause must explain the possible consequences

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
of not complying with it and indicate what the recipient of the notice should do to make a
claim under subsection (5).
113 Subsection (5) sets out what the Director of Investigations or judicial panel member may do in
response to a claim by a person that they are unable to comply with a notice under this clause,
or that it is not reasonable in all the circumstances to require them to comply with such a
notice. The notice may be left unchanged, varied or revoked.
114 Subsection (6) requires that in deciding whether it is reasonable to require a person to comply
with a notice (following a claim under subsection (5), the Director of Investigations or judicial
panel member must consider the public interest in the information in question being obtained,
having regard to the likely importance of the information.
115 Subsection (7) sets out what the Director of Investigations or judicial panel member may do in
response to a claim by a relevant authority that the Legacy Commission would breach clause
10(1)(a) or (b) (national security and risk to life etc.) if the person given a notice under this
clause was required to comply with the notice, but would not breach clause 10(1)(a) or (b) if a
different person nominated by the relevant authority were instead required to comply with
that notice. The notice may be left unchanged, varied so that it requires the nominated person
to comply or revoked.
116 Subsection (8) states that for the purposes of this clause 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.
117 Subsection (9) states that Schedule 3 makes provision about enforcement of notices under this
section.
Clause 15: Admissibility of material in criminal proceedings
118 This clause provides protection against self-incrimination for those who provide material to
the Legacy Commission.
119 Subsection (1) states that this clause applies in relation to criminal proceedings brought
against a person (D).
120 Subsections (2) and (3) state that compelled material obtained from D may not be used in
evidence against D, but that this does not apply in relation to proceedings against D for an
offence under paragraph 8(1)(a) of Schedule 3 (distortion of evidence etc) .
121 Subsection (4) sets out what material may not be used in evidence against D, unless exception
1 or 2 applies in relation to the material.
122 Subsections (5) and (6) set out two exceptions:
a. Exception 1 is that the information was given to, or collected by, an officer of the
Legacy Commission who was authorised under clause 12 of the Bill.
b. Exception 2 is that the criminal proceedings brought against D relate to various
specified matters, including the exercise by the Legacy Commission of any functions.

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
123 Subsection (7) provides that where subsection (3) or either of the exceptions applies in relation
to the material, this clause does not affect the application to that material of any other
legislation or rule of law relating to admissibility.
124 Subsection (8) provides that 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.
125 Subsection (9) sets out that this clause applies in relation to material, and evidence or
questions relating to material, regardless of whether it is in the form it was provided or
obtained in, and regardless of whether it is in the possession of the Legac y Commission or
another person.
126 Subsection (10) sets out what “compelled material” and “inadmissible against D” mean.
Clause 16: Sensitive, prejudicial and protected international information
127 This clause defines various categories of information.
128 Subsection (1) sets out what “sensitive information”, "prejudicial information” and “protected
international information” mean in this Bill.
129 Subsection (2) states that Schedule 4 makes provision about the identification of sensitive,
prejudicial or protected international information.
Clause 17: Disclosure of information: general power and prohibitions
130 This clause deals with the disclosure of information by the Legacy Commission.
131 Subsection (1) provides as a starting point that the Legacy Commission may disclose any
information held by it to any other person, but that is subject to the following subsections and
Schedule 5.
132 Subsections (2) and (3) require that 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
apply to the disclosure or information concerned. In turn, prohibitions A to D do not apply to
a disclosure of information if it is permitted by Schedule 5.
133 Subsections (4) to (8) set out prohibitions A-E.
134 Subsection (9) provides that subsection (1) is subject to any restriction notice or restriction
order given or made in connection with inquisitorial proceedings.
135 Subsection (10) refers to Schedule 5 which sets out which disclosures are permitted for the
purposes of this clause, and makes provision about decisions to prohibit disclosures of
sensitive information .
Clause 18: Offence relating to disclosure of information
136 This clause creates an offence relating to the disclosure of information.

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
137 Subsection (1) sets out that a person currently or formerly working for the Legacy
Commission (a “relevant person”) commits an offence if— (a) the person discloses (in any
part of the world) information which the person obtained when working for the Legacy
Commission, and (b) the disclosure would, if it had been made by the Legacy Commission,
have constituted a breach of a relevant prohibition on disclosure.
138 Subsection (2) defines “relevant person” as those currently or formerly working for the
Legacy Commission and defines “relevant prohibition on disclosure” by reference to clause
17.
139 Subsection (3) provides that subsection (1) does not apply to the communication of
information by a person to another person in that other person’s capacity working for the
Legacy Commission.
140 Subsection (4) provides that it is a defence for a person charged with an offence under this
clause to prove that at the time of the alleged offence they did not know, and had no
reasonable cause to believe, that the disclosure would, if it had been made b y the Legacy
Commission, have constituted a breach of a relevant prohibition on disclosure.
141 Subsection (5) sets out the penalties for conviction of an offence under this clause.
142 Subsection (6) defines “Legacy Commission contractor” as meaning a person providing, or
being employed in the provision of, goods or services for the purposes of the Legacy
Commission.
Clause 19: Legacy Commission’s use of information obtained by it
143 This clause sets out how the Legacy Commission can use the information it has obtained.
144 Subsection (1) provides that information that has been obtained by the Legacy Commission
under clause 13, or through the exercise of police powers may be used by the Legacy
Commission for the purposes of, or in connection with, the exercise of any function of the
Legacy Commission except its functions under clauses 86 and 87 (production of historical
record).
145 Subsection (2) provides that information that has been obtained by the Legacy Commission
under clause 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 (investigations) or Pa rt 4
(inquisitorial proceedings).
146 Subsection (3) clarifies that subsections (1) and (2) do not, in themselves, authorise the Legacy
Commission to disclose information to any other person (rather, see clause 17 for the rules on
disclosure by the Legacy Commission).
147 Subsection (4) sets out that subsections (1) and (2) do not apply to any information once it has
been contained in a final report produced in accordance with clause 38, or otherwise
published by the Legacy Commission in accordance with the Bill.
148 Subsection (5) states that this clause does not limit the application of the safeguards set out in

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14 October (Bill 310).
section 10.
149 Subsection (6) states that “police powers” means powers and privileges of a constable which a
Legacy Commission officer has by virtue of a designation under section 10.
Clause 20: Guidance and protocols relating to information
150 This clause deals with the giving of guidance and the agreement of information disclosure
protocols. It sets out the guidance that the Secretary of State may give to the Legacy
Commission in regards to its duty not to risk damaging the UK’s national security interests.
This no longer allows the Secretary of State to issue guidance on the identification of sensitive
material as the same provision in the previous Act did.
151 Subsection (1) provides that the Secretary of State may give guidance to the Legacy
Commission about the exercise of its functions in accordance with clause 10(1)(a) (which
concerns national security).
152 Subsection (2) requires that the Legacy Commission must have regard to any guidance given
under subsection (1) in exercising the functions to which the guidance relates.
153 Subsection (3) provides that an information disclosure protocol may be agreed between the
Directors of Investigations acting jointly on one hand, and one or more of the relevant
authorities and the persons listed in paragraph 4(2) of Schedule 5 (e.g. the P olice Ombudsman
for Northern Ireland) on the other.
154 Subsection (4) states that an “information disclosure protocol” is a document dealing with a
framework for the disclosure of information by, or to, the Legacy Commission.
Clause 21: Regulations about the holding and handling of information
155 This clause provides a power to make regulations about the handling and holding of
information by the Legacy Commission.
156 Subsection (1) provides that the Secretary of State may, by regulations, make provision about
the holding and handling of information by the Legacy Commission.
157 Subsection (2) gives examples of what such regulations may do.
158 Subsection (3) clarifies that regulations may, in particular, make provision about information
which has been identified as sensitive, prejudicial or protected international information.
159 Subsection (4) sets out who a criminal offence created by regulations may apply to, and states
that a criminal offence may not impose a penalty that is greater than a penalty that may be
imposed for an offence under clause 18.
160 Subsection (5) states that regulations under this clause are subject to the negative procedure.
Clause 22: Biometric material
161 This clause provides a power to make regulations in relation to biometric material (e.g.
fingerprints and DNA).

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
162 Subsection (1) sets out what the Secretary of State may by regulations do in relation to
biometric material. This includes providing for specified biometric material to be exempted
from destruction provisions, to be retained and to be used for the purposes of the Legacy
Commission's work..
163 Subsection (2) sets out that if regulations provide for the retention of biometric material, they
must also require that periodic reviews of the need to retain the material are conducted by the
Legacy Commission, and that the material is destroyed after the conclusion of the
Commission’s work.
164 Subsection (3) states that regulations made under this clause are subject to negative
procedure.
165 Subsection (4) sets out what “biometric material”, “destruction provisions” and “preserved
material” mean.
Clause 23: Work plans and annual reports
166 This clause requires the Legacy Commission to publish work plans and annual reports.
167 Subsection (1) requires that at least 3 months before the start of each financial year, the Legacy
Commission must produce and publish a work plan for that year, and give a copy of the plan
to the Secretary of State.
168 Subsection (2) sets out what matters a work plan must deal with.
169 Subsection (3) requires that within 6 months of the end of each financial year, the Legacy
Commission must produce and publish an annual report in relation to that year, and give a
copy of the report to the Secretary of State.
170 Subsection (4) sets out what matters an annual report must deal with.
171 Subsection (5) states that “financial year”, in relation to the Legacy Commission, means each
period of one year which ends with 31 March.
Clause 24: Independent reports on Legacy Commission’s performance of its
functions
172 This clause requires the Secretary of State to commission regular independent reports.
173 Subsection (1) requires that as regards each relevant day (being the days two, five and seven
years after the day the Bill becomes law), the Secretary of State must appoint an independent
person to carry out a review, by the relevant day, of the Legacy Commission’s performance of
its functions (including the performance of functions conferred on the Directors of
Investigations and judicial panel members).
174 Subsection (2) requires that 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.

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
175 Subsection (3) requires that 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.
176 Subsection (4) requires that the Secretary of State must lay a copy of the report, and the
response to it, before Parliament.
177 Subsection (5) provides that the Secretary of State may make payments to a person appointed
under this clause.
178 Subsection (6) states that in this clause “independent person” means a person appearing to the
Secretary of State to be independent of the Secretary of State and the Legacy Commission.
179 Subsection (7) sets out what “relevant day” means in this clause.
Clause 25: Conclusion of the Legacy Commission’s work
180 This clause deals with the winding up of the Legacy Commission once its work is complete.
181 Subsection (1) provides that the Secretary of State may, by regulations, make provision for
winding up the Legacy Commission if the Secretary of State is satisfied that the need for the
Legacy Commission to exercise its functions (including the need for the Directors of
Investigations and judicial panel members to exercise the functions conferred on them) has
ceased.
182 Subsection (2) provides that regulations under subsection (1) may, in particular, make
provision for the transfer of property, rights and liabilities, including any acquired or arising
after the regulations are made.
183 Subsection (3) sets out that regulations under subsection (1) may, in particular, repeal or
otherwise amend any provision in Part 2 other than the specified provisions.
184 Subsection (4) provides that regulations under subsection (1) may repeal or otherwise amend
section 38 or 40 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.
185 Subsection (5) gives examples of the consequential provision that may (by virtue of clause
90(5)(b)) be made by regulations under subsection (1).
186 Subsection (6) requires the Secretary of State to consult the required consultees, and take into
account the annual reports produced by the Legacy Commission (see clause 23) and the
reports under clause 24, when deciding whether to exercise the power to m ake regulations
conferred by this clause and before making regulations under this clause.
187 Subsection (7) details that before making regulations under this clause, the Secretary of State
must publish a report setting out the names of those consulted, a summary of their views and
an explanation for the Secretary of State’s decision to wind up the Commission.
188 Subsection (8) states that regulations under this clause are subject to affirmative procedure.
189 Subsection (9) states that if a draft of an instrument containing regulations under this section

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
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.
190 Subsection (10) sets out what “the required consultees” means.
Part 3: Investigations of conduct causing death and other
harm
Clause 26: Investigations: general duties
191 The clause sets out the ways in which the Legacy Commission should go about conducting
investigative work while ensuring public confidence is upheld.
192 Subsection (1) imposes a duty on Legacy Commission officers to have regard to eight general
principles. These ensure that the Legacy Commission at all times acts in a transparent and
impartial manner when exercising its investigative functions.
193 Subsection (2) requires the Legacy Commission to publish a statement that sets out how
officers will exercise the functions in Part 3 of the Bill and how they will do so in a way that
secures public confidence in the Legacy Commission’s work.
194 Subsection (3) requires the Legacy Commission to use the statement to explain how it will
notify family members and others of investigations, consult family members and others about
how investigations are allocated and identify and address conflicts of interest.
195 Subsection (4) requires the Legacy Commission to keep the statement under review and
enables it to publish a revised one.
196 Subsection (5) requires Legacy Commission officers to have regard to any statement published
under subsection (2).
197 Subsection (6) provides that the reference in subsections (2) and (5) to publishing a statement
setting out how “functions under this Part” are to be exercised 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.
Clause 27: Requests for investigations by family members and seriously injured
persons
198 This clause enables a family member of a deceased person and seriously injured persons to
request an investigation from the Legacy Commission, as well as providing a 5 year time limit
on those requests being made.
199 Subsection (1) enables close family members (defined at clause 84) or if there are none, other
family members to request the Legacy Commission undertake an investigation, when a
person’s death was caused directly by conduct that formed part of the Troubles. For example,
if there are no close family members of the deceased such as a sibling, a grandchild may

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
request a review.
200 Subsection (2) enables people who experienced serious physical or mental harm directly to
request an investigation.
201 Subsection (3) defines ‘serious physical or mental harm’.
202 Subsections (4) and (5) prevent new requests for investigations being made five years after
this section comes into force.
Clause 28: Requests for investigations by public authorities
203 This clause outlines the public authorities that are able to request investigations by the Legacy
Commission. This includes the Secretary of State and other public authorities.
204 Subsection (1) defines ‘harmful conduct forming part of the Troubles’.
205 Subsection (2) enables a range of public authorities to request an investigation by the Legacy
Commission
206 Subsection (3) enables the Secretary of State to request an investigation by the Legacy
Commission.
207 Subsection (4) defines the grounds upon which individuals in subsection 4 can request an
investigation.
208 Subsection (5) lists public authorities that can request an investigation. These are the Chief
Constable of the PSNI or any other chief officer of a UK police force; the Police Ombudsman
of Northern Ireland, the Director General of the Independent Office for Police Conduct; the
Police Investigations and Review Commissioner; and a statutory public inquiry panel.
209 Subsection (6) defines the two conditions upon which a request can be made. Such a request
by a public authority can either be made if the investigation is necessary for the purposes of
ECHR compatibility or if there is new evidence that could provide a realistic prospect of
prosecution.
210 Subsection (7) defines the condition under which an investigation is “necessary for the
purposes of ECHR compatibility” - specifically referring to Articles 2 or 3 of the ECHR. Article
2 protects the fundamental right to life by placing a positive duty on the state to protect life
and a procedural duty to conduct an effective investigation into deaths that may have resulted
from a breach of this right, such as those occurring in custody or involving state actors. An
Article 3 investigation refers to a formal inquiry into a potential breach of Article 3, which
prohibits torture and inhuman or degrading treatment. Such investigations are mandated
when there is a credible allegation of mistreatment by state agents or private individuals, and
the state has a positive duty to investigate. The investigation must meet minimum standards,
including pursuing all reasonable lines of inquiry and identifying wrongdoers.
211 Subsection (8) enables the Director of Public Prosecutions for Northern Ireland to request an
investigation under Section 35, relating to harmful conduct forming part of the Troubles, if

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14 October (Bill 310).
they receive a written report from a coroner relating to the conduct or if the conduct has been
referred by a judicial panel member in the circumstances described at section 61(2) (i.e. when
during the course of inquisitorial proceedings evidence is uncovered that may meet the
threshold for prosecution).
212 Subsection (9) enables the Director of Public Prosecutions for England and Wales to also
request investigations if they receive a written report from a coroner relating to harmful
conduct and if it appears to the coroner that an offence has been committed.
213 Subsection (10) enables the Lord Advocate to request an investigation if the conduct has been
referred to them by a judicial panel member if evidence capable of leading to a prosecution is
uncovered during the conduct of inquisitorial proceedings.
214 Subsection (11) sets out other public figures who can request an investigation, including the
Attorney General for Northern Ireland, the Advocate General, and relevant coronial figures
across the jurisdictions of the UK.
215 Subsection (12) allows new requests for investigations to be made after the initial 5 year
period in cases where the investigation is necessary for the purposes of ECHR compatibility
or, owing to new evidence, there is a reasonable chance of a resulting prosecution.
216 Subsection (13) makes clear that the definition of what constitutes “serious physical or mental
harm” is the same as in section 27(3).
Clause 29: Requests for investigations: general
217 Subsection (1) enables requests for investigations to include specific questions about the
incident that will be subject to investigation.
218 Subsection (2) requires the Directors for Investigations acting jointly to decide how requests
for investigation are made and the circumstances in which that process is to be changed or
withdrawn
Clause 30: Accepting and rejecting requests for investigations
219 This clause requires the Directors of Investigations to accept requests for investigations made
under Section 27 or 28 (i.e. by family members of the deceased or seriously injured persons, or
public authorities listed at Section 27) unless certain criteria are met to allow for requests to
be rejected.
220 Subsection (1) states that this section applies where an investigation is requested under section
26 or 27.
221 Subsection (2) requires that the Directors of Investigations acting jointly (“the Directors”)
must accept the request, subject to the following subsections which set out criteria for rejecting
a request.
222 Subsection (3) sets out that the Directors must reject the request if:
(a) it is about conduct already being investigated in ongoing inquisitorial proceedings or

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14 October (Bill 310).
a resumed inquest, and the request comes from a family member, seriously injured
person, or certain public authorities (as defined in sections 27(1) or 28(3), (4), or (11))
(b) It is a request from a public authority (under section 28) made after a specific deadline
(defined in section 27(5)), and the Directors believe that the conditions for making
such a request (outlined in section 28(6)) have not been met.

223 Subsection (4) sets out whether the Directors may reject the request. For instance, if it is made
by somebody who is not a close family member, or a request has already been made to
investigate the same incident.
224 Subsection (5) requires that in deciding whether to accept a request of the kind described in
subsection (4)(c) or (d), the Directors (a) must take into account the inquisitorial proceedings
or resumed inquest, and (b) in particular, must ensure that the Legacy Commission does not
do anything which duplicates any aspect of those proceedings or that inquest unless, in the
Directors’ view, there are compelling reasons for the duplication.
225 Subsection (6) sets out, for the purposes of this section, when conduct is “linked” to
inquisitorial proceedings or a resumed inquest; when inquisitorial proceedings are “active”;
what a “resumed inquest” is; and when a resumed inquest is “active”. For th is section the
following definitions apply:
(a) "Linked" conduct: An action is "linked" to an inquisitorial proceeding or a resumed
inquest if that action caused the death being examined in those proceedings or
inquest.
(b) "Active" inquisitorial proceedings: These proceedings are considered "active" from the
moment a senior judicial panel member assigns a judicial panel member to lead them
(under section 49) until the report on their findings is published (under section 63).
(c) "Resumed inquest": This refers to an inquest that has been restarted according to
either section 16AA of the Coroners Act (Northern Ireland) 1959 or a specific direction
given to the Presiding coroner under section 16AB of that Act.
(d) "Active" resumed inquest: A resumed inquest is "active" from when section 16AA of
the Coroners Act (Northern Ireland) 1959 comes into force, or when the direction
under section 16AB of that Act is given, until the inquest's final decision, verdict, or
findings are made, or until section 49 applies to the death related to the inquest
because of section 49(2)(c).
Clause 31: Dealing with subsequent requests for investigations
226 The clause sets out how the Directors of Investigations must deal with subsequent requests for
investigation which has a) not been resolved b) already under investigation or previously
under investigation and how they may respond. The clause specifies that they must take into
account any investigation that has already taken place and prevent duplication, unless it is
viewed as being essential for the purposes of the investigation (by the relevant Director of
Investigations).
227 Subsection (1) sets out where these provisions apply in the rest of the framework. .

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
228 Subsection (2) provides that subsection (3) applies where the request is a subsequent request
by virtue of subsection (1)(a). This means that if a new request for an investigation comes in,
and is related to an earlier, unresolved request, then subsection (3) will apply to how that new
request is handled.
229 Subsection (3) requires that the Directors of Investigations, acting jointly, must decide how the
subsequent request (i.e. a new investigation related to an earlier 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) questions included
in the subsequent request are to be treated as if they had been included in the earlier request.
230 Subsection (4) provides that if a new request for an investigation comes in, and an
investigation is already underway because of an earlier request made under sections 26 or 27,
then subsection (5) will be used to handle this new request.
231 Subsection (5) requires that, if a new request for an investigation comes in, the Director of
Investigations responsible for the ongoing case must decide how to handle it. They have the
option to treat the person who made the new request as if they had joined the original request,
and to include the questions from the new request as part of the earlier one.
232 Subsection (6) states that 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 31. This means that if a new request for an investigation comes in, and the
investigation currently underway was started by the Directors of Investigations themselves
(rather than by an earlier request from a family member or public authority), then subsection
(7) will be used to handle this new request.
233 Subsection (7) requires that the relevant Director of Investigations must decide how the
subsequent request is to be dealt with; and they may (in particular) decide that the person
who made the request and the questions included in the request are to be treated as if the
investigation were being carried out pursuant to the request.
234 Subsection (8) states that subsection (9) applies where the request is a subsequent request by
virtue of subsection (1)(c).
235 Subsection (9) requires that the Directors of Investigations acting jointly must decide how the
subsequent request is to be dealt with; and, in doing so, they must take into account the
investigation that has already been carried out, and in particular, must ensure that the Legacy
Commission does not do anything which duplicates any aspect of that investigation unless, in
the Directors’ view, there are compelling reasons for the duplication.

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
236 Subsection (10) states that section 45 includes provision about conflicts of interest that applies
in relation to this section.
237 Subsection (11) provides that 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 33.
Clause 32: Power of the Directors of Investigations to initiate investigations
238 This clause introduces new powers for Directors of Investigations to initiate investigations
without a prior referral.
239 Subsection (1) sets out the three circumstances in which the Directors of Investigations can
jointly initiate an investigation without a referral:
(a) if it is necessary for ECHR compatibility;
(b) following new evidence that could realistically lead to prosecution and;
(c) when conduct is linked to a current or previous investigation.

240 Subsection (2) defines when conduct is “linked”. This is largely centred around where
investigations are linked to the same event, or where the same individual was involved in
multiple events.
241 Subsection (3) prevents an investigation being initiated under this section if the conduct is
linked to active inquisitorial proceedings or an active, resumed inquest.
242 Subsection (4) defines “harmful conduct forming part of the Troubles” for the purposes of the
section, and signposts to section 26 for the definition for ECHR compatibility (i.e. the
definition concerning Articles 2 or 3 of the ECHR).
Clause 33: Notifying family members and others about new investigations
243 This clause requires the Legacy Commission to notify family members when an investigation
is initiated or a request is accepted.
244 Subsection (1) sets out that this clause applies where a request by a public authority for an
investigation is accepted or an investigation is initiated under section 32.
245 Subsection (2) requires the Legacy Commission to take reasonable steps to identify close
family members, or other family members of those that have died as a result of Troubles -
related harm, or individuals who were directly affected by the Troubles and, where they have
since died, their family members.
246 Subsection (3) requires the Legacy Commission to notify them when an investigation is
initiated, or a request has been accepted.
247 Subsection (4) defines “relevant conduct” and applies the meaning of “serious physical harm”
in section 25.

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
Clause 34: Allocation of investigations
248 This clause sets out the process the Chief Executive Officer should follow when allocating an
investigation to a Director of Investigations.
249 Subsection (1) sets out that this clause applies when a request for an investigation is accepted
in line with sections 27 or 28, or if one is initiated by the Legacy Commission in line with
section 32.
250 Subsection (2) requires the Chief Executive of the Legacy Commission to allocate an
investigation to a Director of Investigations.
251 Subsection (3) requires the Chief Executive to consult the person who requested the
investigation (except where the investigation is initiated under section 31) and anyone else
notified under section 32 about the proposed allocation of the investigation to a Director of
Investigations.
252 Subsection (4) sets out that the Chief Executive Officer, when consulting a person under
subsection (3), 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.
Clause 35: Managing the investigation caseload
253 This clause allows the Directors of Investigations to decide how to categorise cases in line with
various factors including, but not limited to; the likelihood of prosecution; the public interest,
and the date of a request.
254 Subsection (1) requires the Directors of Investigations to determine the order in which
investigations are carried out and how other Legacy Commission officers are used in those
investigations.
255 Subsection (2) requires that the Directors have regard to whether an investigation is necessary
for ECHR compatibility (i.e. if there are implications for Article 2 or 3 compliance).
256 Subsection (3) sets out various criteria for the Directors to consider when categorising the
Legacy Commission’s caseload, including whether information provided is likely to lead to a
prosecution; whether it is in the public interest to progress the investigation; and the date of
the request.
257 Subsection (4) requires the Directors to consider whether an investigation is necessary on the
grounds of compatibility with the ECHR as soon as possible.
Clause 36: Conduct of investigations
258 This clause sets out the way in which the Legacy Commission should approach its
investigations in line with criminal justice norms. It sets out that the Legacy Commission will
be tasked with carrying out investigations and exploring all relevant investigat ive leads.
These investigations will be capable of leading to prosecutions where there is evidence of
wrong-doing. If a case is not to be carried out as a criminal investigation, the Commission
must determine the facts of the case (in a fact-finding investigation). In all cases the Legacy
Commission will focus on providing as much information as possible regarding the

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
circumstances of the case to families when conducting investigations.
259 Subsection (1) confirms that this section applies when a case is allocated to a Director of
Investigations.
260 Subsection (2) confirms that the Director of Investigations is responsible for deciding whether
the investigation is carried out as a criminal investigation.
261 Subsection (3) requires the Director to ensure that the investigation to be conducted by the
Legacy Commission begins with an assessment of evidence to determine whether it is capable
of leading to prosecution and therefore progresses as a criminal investigation.
262 Subsection (4) sets out that if an investigation is not to be carried out as a criminal
investigation, the Legacy Commission must undertake to determine the facts of the conduct to
which the investigation relates (in other words, a fact-finding investigation).
263 Subsection (5) gives the Director operational control over the conduct of the investigation.
Subsection (6) sets out that the Director must ensure the Commission examines all of the
circumstances of the conduct as well as any Troubles-related offences that may be connected
to the original conduct.
264 Subsection (7) gives the Director discretion in deciding how an investigation is to be
conducted and what steps are necessary.
265 Subsection (8) requires the Director, in considering necessary steps, to take account of
previous investigations and to prevent duplication, unless it is essential for the purposes of
the investigation.
266 Subsection (9) requires the Director to have regard to any questions asked when the
investigation was requested, the potential outcome of the investigation or whether the
information obtained through investigation could be passed to a prosecutor.
267 Subsection (10) requires the Director to ensure that the context surrounding the conduct (i.e.
the incident/offence) which led to the investigation is taken into account, as well as the
findings of any prior investigations. For instance, this could include factors such as the
historic context of the dangerous operating environments during the period of the Troubles.
268 Subsection (11) gives the Director powers to decide whether an investigation should be
carried out in conjunction with other investigations. If allocated to another Director of
Investigations, they must decide this together.
269 Subsection (12) signposts to the conflict of interest measures that apply to subsection 11(b)
while subsection (13) defines various terms.
Clause 37: Notifying family members and others about conduct of investigations
270 This clause sets out circumstances under which the Director of Investigations must notify
family members and others about the conduct of investigations. This clause relates primarily
to fact-finding investigations by the Legacy Commission.
271 Subsection (1) requires the Director of Investigations to notify those who requested the
investigation if it is decided a criminal investigation is not necessary.

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
272 Subsection (2) requires a Director for Investigations to notify those who had requested the
investigation, if initiated under section 27 (i.e. via a family referral).
273 Subsection (3) sets out that if an investigation was requested by a public authority listed at
section 28, the person who requested the investigation should be notified if the Legacy
Commission decides it is not to be progressed as a criminal investigation. This not ification is
not required for cases initiated by the Legacy Commission of its own accord (under section
33). It sets out that family members previously notified under section 33 should also be
notified.
274 Subsection (4) requires that, if the Commission initiates an investigation under section 32, the
Director must notify anybody previously notified under section 33.
275 Subsection (5) requires that, if following such notification, the Director for Investigations
requires that the investigation take place as a criminal investigation, the Legacy Commission
must notify anyone previously notified.
Clause 38: Production of reports on the findings of investigations
276 This clause requires reports to be produced by judicial panel members on completion of
investigations.
277 Subsection (1) confirms that this section applies when the Legacy Commission has carried out
an investigation under Part 3.
278 Subsection (2) requires the Chief Executive to appoint a judicial panel member to produce a
final report.
279 Subsection (3) requires that the panel member must produce that final report.
280 Subsection (4) requires that the report be as ‘comprehensive’ as possible and have regard to
accessibility to the public and duties imposed on the Legacy Commission.
281 Subsection (5) ensures that the report must answer any specific questions raised by those
requesting the investigation, as far as possible.
282 Subsection (6) requires that the report include a statement setting out how the report was
carried out.
283 Subsection (7) defines ‘final report’ as being a report under this section.
Clause 39: Checks of reports for prejudicial material etc
284 This clause requires panel members to consider representations from the Secretary of State
and relevant authorities regarding sensitive or prejudicial information within a report before
publishing that report.
285 Subsection (1) confirms that this section applies when a panel member is required to produce
a report.
286 Subsection (2) requires judicial panel members to provide a draft of an investigation report to
the Secretary of State and relevant authorities, if information contained within it is sensitive or
prejudicial.

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
287 Subsection (3) provides for people who have been given a copy of the report to make ‘relevant
representations.’
288 Subsection (4) defines the ‘applicable response period’ as being 60 days from receipt of the
report or longer, as judged by the Secretary of State.
289 Subsection (5) prevents the judicial panel from sharing the report until this period has
finished.
290 Subsection (6) requires the panel member to take into account representations made under
previous subsections and to notify the person making representations as to how their view
has been taken into account.
Clause 40: Consultation on reports
291 This clause sets out the consultation process in respect of draft reports.
292 Subsection (1) sets out that this section applies where a judicial panel member has been
appointed to produce a final report under section 38 and they have complied with the duties
imposed under section 39.
293 Subsection (2) requires the judicial panel member to provide a draft of the report to:
(a) the person who requested the investigation (except in section 32 investigations),
(b) all relevant family members and;
(c) all those who have suffered serious mental and physical harm as a result of the
conduct and their families.

294 Subsection (3) requires the panel member to enable those who have seen drafts of the report to
make representations during the applicable response period, while subsection (4) sets out that
the judicial panel member does not have to send the report to those who have asked not to see
it.
295 Subsection (5) defines ‘relevant family member’.
296 Subsections (6) to (8) require the panel member to provide a copy of the report to individuals
and public authorities if they are subject to criticism in the report, in line with normal
“Maxwellisation” procedure.
297 Subsection (9) requires the judicial panel member not to produce the report until the response
period has concluded.
298 Subsection (10) requires the judicial panel member to take into account representations and to
exclude material if they consider it would not be in the public interest to include it.
299 Subsection (11) clarifies that there is no requirement for a judicial panel member to share
reviewing subsequent drafts of reports with people who have been consulted under this
section.
300 Subsection (12) clarifies that there is no requirement for a judicial panel member to share
exactly the same draft with all persons, if two or more are identified. This might be necessary

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
if the judicial member wishes to consult on a particular personal point with one person prior
to publication, and does not wish to unnecessarily disclose that to others also seeing a draft.
301 Subsection (13) defines the applicable response period as a period of 30 days beginning on the
day on which the material is given to the person. It also sets out that if the judicial panel
member is satisfied there is a good reason to extend this period, they may do so (and they
must notify the person of an extension).
302 Subsection (14) defines various terms.
Clause 41: Issuing and publication of reports
303 Subsection (1) sets out that this section applies where a judicial panel member has produced a
final report.
304 Subsection (2) requires the judicial panel member to give the final investigation report to the
person who requested the investigation, except where it was instigated under section 32.
305 Subsection (3) requires the final report to be published in a manner it considers ‘appropriate’.
Clause 42: Final reports: supplementary provision
306 This clause concerns the publication of a report that has led to information being passed to a
prosecutor.
307 Subsection (1) requires the duties imposed under sections 38 to 41 to be complied with ‘as
soon as practicable’ following the investigation report, subject to subsection (2) of this clause.
308 Subsection (2) prevents publication of the report if it has led to information being passed to a
prosecutor, unless:
(a) the prosecutor has chosen not to prosecute for a relevant offence or,
(b) in cases where a prosecution is made, it has not continued.

309 Subsection (3) defines the circumstances in which a prosecution is to be regarded as
continuing and not continuing.
310 Subsection (4) defines various terms.
311 Subsection (5) refers to paragraph 8 of schedule 5 which makes provision about other material
that must be included in a final report and when a new report is required to be produced.
Clause 43: Referral to prosecutors
312 This clause provides that Directors of Investigations can refer cases to prosecutors.
313 Subsection (1) applies when an investigation under Part 3 has been carried out.
314 Subsection (2) enables the Directors of Investigations to refer cases to the Director of Public
Prosecutions in Northern Ireland, where they believe there is evidence that an offence has
been committed in Northern Ireland.
315 Subsection (3) enables the Directors of Investigations to refer cases to the Director of Public
Prosecutions in England and Wales, where they believe there is evidence that an offence has

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
been committed in England and Wales.
316 Subsection (4) enables the Directors of Investigations to refer cases to the Lord Advocate in
Scotland, where they believe there is evidence that an offence has been committed in Scotland.
317 Subsection (5) enables the Lord Advocate to direct the relevant Director of Investigations to
exercise the power of referral and notification and the Director must comply with that
direction.
318 Subsection (6) requires the Director to provide information to the prosecutor that they
consider appropriate and must provide or obtain information requested by the prosecutor.
319 Subsection (7) defines “relevant conduct” for the purposes of the section.
Clause 44: Conflicts of interest: policy statement
320 This clause provides for a policy statement to be published by the Legacy Commission on
conflicts of interest.
321 Subsection (1) requires the Legacy Commission to prepare and publish a statement setting out
how Legacy Commission officers are to comply with the conflicts of interest duties imposed
by sections 45 to 47.
322 Subsection (2) requires the statement to set out how a Legacy Commission Officer should
determine whether a matter is expected to give rise to a conflict of interest in respect of a
person’s work in connection with functions under this Part, or otherwise affect a person’s
ability to carry out that work fairly and impartially.
323 Subsection (3) requires that the Legacy Commission must keep the statement under review
and provides for it to publish a revised statement from time to time.
324 Subsection (4) requires Legacy Commission Officers to have regard to such statements.
325 Subsection (5) notes that a conflict of interest may arise in connection with a person’s previous
employment or previous holding of an office or position.
Clause 45: Conflicts of interest: officers to provide information
326 This clause sets out requirements for Commission officers to provide information about
potential conflicts of interest, as required by the Chief Executive.
327 Subsection (1) provides that the Chief Executive of the Legacy Commission may require a
Commission officer to provide information about potential conflicts of interest, or anything
that might affect their ability to conduct their work fairly and impartially.
328 Subsection (2) requires that, where an investigation is to be allocated to a Director of
Investigations, the Director must provide the Chief Executive with information about
potential conflicts of interest, or anything that might affect their ability to conduct the
investigation fairly and impartially.
329 Subsection (3) requires that, where a Commission officer is to be required to carry out work in
connection with an investigation, the officer must provide the Director of Investigations with

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
information about potential conflicts of interest, or anything that might affect their ability to
carry out that work fairly and impartially.
Clause 46: Role of Directors of Investigations in relation to conflicts of interest
330 Clause 46 requires that, in circumstances where it appears that a Commission Officer has a
conflict of interest in relation to an investigation, or there is a matter which may affect their
ability to carry out their work fairly and impartially, a Director of Investigations must not
require or allow them to work on that investigation.
Clause 47: Role of the Chief Executive Officer in relation to conflicts of interest
331 This clause sets out the Chief Executive’s role in addressing conflicts of interest when they are
identified.
332 Subsection (1) sets out that a “relevant disqualification” in relation to an investigation under
this Part is where the person may have a conflict of interest in relation to the investigation, or
a matter may otherwise affect the person’s ability to carry out work in connection with the
investigation fairly and impartially.
333 Subsection (2) provides that the Chief Executive should not allocate an investigation to a
Director if it appears that a Director may have a relevant disqualification, and should
reallocate the investigation if it has already been allocated.
334 Subsection (3) requires that the Chief Executive allocate an investigation to a Commission
Officer other than a Director of Investigations in cases where both Directors of Investigations
may have a relevant disqualification, or where one Director has a relevant disq ualification and
it is inappropriate or impractical for the investigation to be allocated to the other Director.
335 Subsection (4) sets out that references in the bill to a ‘Director of Investigations’ apply to the
Commission officer when a case has been reallocated under subsection 3.
336 Subsection (5) confirms that subsections 6 and 7 apply when a request for investigation is a
‘subsequent request’.
337 Subsection (6) requires the Chief Executive to consider whether, if the subsequent request
were granted, the relevant Director of Investigations would have a relevant disqualification in
relation to that investigation.
338 Subsection (7) requires the Chief Executive to a) direct the other Director of Investigations to
consider how a subsequent request should be dealt with, in a situation where the Director of
Investigations may have a relevant disqualification and b) direct another Com mission Officer
to make that determination, if both Directors may have a relevant disqualification.
339 Subsection (8) confirms that subsections 9 and 10 apply when the Directors of Investigations
are acting jointly to conduct an investigation in conjunction with each other.
340 Subsection (9) requires the Chief Executive Officer to consider whether either Director has a
relevant disqualification in relation to any of the investigations.
341 Subsection (10) requires the Chief Executive to direct that the investigations must not be
conducted in conjunction with each other if either Director may have a relevant

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
disqualification or reallocate them so that they can be conducted in conjunction with each
other.
342 Subsection (11) provides that the duties imposed on the Chief Executive Officer by section
34(3) around consultation on allocation also apply when an investigation is required or
permitted to be reallocated.
Part 4: Inquisitorial Proceedings
Clause 48: Inquisitorial Proceedings
343 This clause states that in this Act “inquisitorial proceedings” means proceedings under this
Part, presided over by a judicial panel member, examining all the circumstances of a person’s
death.
Clause 49: No determination of liability
344 Subsection (1) and (2) require that a judicial panel member conducting inquisitorial
proceedings must not rule on, and has no power to determine, any person’s civil or criminal
liability. However, a judicial panel member conducting such proceedings is not prevented
from making factual findings even if civil or criminal liability could be inferred from them.
Clause 50: Deaths to be examined
345 This clause sets out which deaths will be subject to inquisitorial proceedings.
346 Subsection (1) provides that the senior judicial panel member must allocate a judicial panel
member to preside over inquisitorial proceedings in respect of any death to which this section
applies.
347 Subsection (2) sets out to which deaths this section applies, either where SoS has given a
direction, the Advocate General (likely delegated to the Solicitor General) has provided a
direction, or where a coroner cannot continue with an inquest because of public interest
immunity reasons.
348 Subsection (3) defines the category of deaths that may be the subject of a direction by the
Secretary of State under subsection (2)(a), providing that the death must have been the subject
of an inquest that the coroner ceased progressing for reasons relating to public interest
immunity during a particular period.
349 Subsection (4) sets out what it means if a coroner ceases progressing an inquest “for reasons
relating to public interest immunity”.
350 Subsection (5) sets out what a “resumed inquest” is (this term is referred to in subsection
(2)(c)).
351 Subsection (6) requires that a senior judicial panel member must comply with subsection (1)
as soon as practicable after they determine that this section applies to a person’s death; but
sets out that they may postpone allocating a judicial panel member to preside over
inquisitorial proceedings in respect of the death if they are awaiting the appointment of a

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
particular person as a judicial panel member.
352 Subsection (7) provides that the senior judicial panel member may not allocate a judicial panel
member to preside over inquisitorial proceedings in respect of any death to which this section
does not apply.
Clause 51: Conduct of inquisitorial proceedings
353 This clause covers the conduct of inquisitorial proceedings, including requiring judicial panel
members to take into account any investigation (of any kind) of the death that has previously
been carried out, ensuring that they do not duplicate the work of previous investigations
(unless essential) and allowing inquisitorial proceedings in relation to one death to be carried
out in conjunction with those in relation to others where appropriate.
354 Subsection (1) states that a judicial panel member must preside over any inquisitorial
proceedings in respect of a person’s death that are allocated to them.
355 Under subsection (2), the conduct of inquisitorial proceedings is to be such as the judicial
panel member presiding over them may direct (but this is subject to any regulations made (see
clause 60).
356 Subsection (3) requires that in deciding how the proceedings should be carried out, the
relevant judicial panel member must take into account any investigation (of any kind) of the
death that has previously been carried out by any other person, and in part icular, must ensure
that they not do anything which duplicates that investigation unless it is essential.
357 Subsection (4) requires that the relevant judicial panel member must have regard to the
context in which the conduct to which the proceedings relates occurred.
358 Subsection (5) allows a judicial panel member conducting inquisitorial proceedings into one
death to combine them with those into other deaths that they are presiding over.
359 Subsection (6) allows the senior judicial panel member to re-allocate inquisitorial proceedings
into a death from one judicial panel member to another to allow one judicial panel member to
preside over the proceedings in conjunction.
360 Subsection (7) provides that in deciding when the 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.
361 Subsection (8) requires that the relevant judicial panel member may take evidence on oath,
and for that purpose may administer oaths.
362 Subsection (9) requires that the Legacy Commission must ensure that there is a lawyer to act
as counsel to the proceedings (whether by engaging the services of such a person, employing
such a person or otherwise).
363 Subsection (10) defines lawyer in relation to each of the three jurisdictions of the UK.
364 Subsection (11) states that in this Act “the relevant judicial panel member”, in relation to

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
inquisitorial proceedings, means the judicial panel member assigned by the senior judicial
panel member to preside over the proceedings.
Clause 52: Notifying family members about new inquisitorial proceedings
365 This clause requires the judicial panel member to take reasonable steps to inform close family
members or other family members about new inquisitorial proceedings.
366 Subsection (1) requires that the relevant judicial panel member must take reasonable steps to
identify each close family member of the person in respect of whose death the inquisitorial
proceedings are being carried out (see section 93), or another family if there are no close
family members.
367 Subsection (2) requires that the relevant judicial panel member must notify each close family
or other family member identified in accordance with subsection (1).
Clause 53: Core participants
368 This clause allows a judicial panel member to designate certain individuals as "core
participants" for the purposes of the inquisitorial proceedings. Similarly to a public inquiry, it
is envisaged that core participant status will allow individuals certain privileges such as
receiving evidence, making submissions, suggesting questions, and seeing the final report
before publication. However, for someone to be named a core participant, they must formally
apply for this designation. Once designated by the relevant judicial member leading the
proceedings, this status can be changed or removed. If one or more close family members of a
deceased person (as defined in section 93) apply to be core participants in proceedings related
to that death, at least one of them must be designated.
369 Subsection (1) provides that a judicial panel member presiding over inquisitorial proceedings
may designate persons as core participants in the proceedings.
370 Subsection (2) provides that a person may be designated as a core participant only if they
apply to be so designated.
371 Subsection (3) provides that a designation may be varied or revoked.
372 Subsection (4) requires that where, as regards inquisitorial proceedings, one or more close
family members of the deceased apply under this section, at least one of them must be
designated.
Clause 54: Evidence via live link
373 This clause provides that those required to give evidence at inquisitorial proceedings may do
so through a live link. It sets out that a judicial panel member must grant a request to give
evidence remotely, unless impracticable to do so. This means where it is impossible in practice
for the witness to give evidence remotely and in-person attendance is the only realistic
alternative. If the judicial panel member refuses a request or withdraws permission to give
evidence remotely they must set out the reasons why they consider it impracticable for
evidence to be provided in this way.

43
These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
374 Subsection (1) provides that a person required by the relevant judicial panel member to give
evidence at inquisitorial proceedings may apply to the judicial panel member for permission
to give that evidence through a live audio link or live video link (and may do so if permission
is given).
375 Subsection (2) places a duty on the judicial panel member to give permission unless they
consider it to be impracticable; i.e. not practically possible, for the person to give evidence in
that manner.
376 Subsection (3) provides that permission may be given whether the person is in the United
Kingdom or elsewhere.
377 Subsection (4) requires a judicial panel member to give reasons for refusing or withdrawing
permission. Such a decision may be challenged by way of judicial review.
378 Subsection (5) provides that a person outside Northern Ireland who gives false evidence
through a live audio link or live video link may commit perjury under the law of Northern
Ireland.
379 Subsection (6) provides a definition of “live audio link” and “live video link”.
380 Subsection (7) makes clear that the extent of a person's inability to hear or see by any
impairment of hearing or eyesight is to be disregarded for the purposes of subsection (6)
Clause 55: Public access to proceedings and information
381 This clause provides for public attendance at inquisitorial proceedings and the disclosure to
the public of evidence and other material that has been considered in the proceedings
(although this is subject to section 56). This clause is modelled on the equivalent provision in
section 18 of the Inquiries Act 2005.
382 Subsection (1) requires that a judicial panel member carrying out inquisitorial proceedings
must take such steps as they consider reasonable to secure that members of the public
(including reporters) are able to attend proceedings or to see and hear a simultaneous
transmission of such proceedings and to obtain or to view a record of evidence and
documents given, produced or provided during the proceedings. This is similar to the process
around public inquiries. For the purposes of subsection (1), during the conduct of inquisitorial
proceedings, it will be for the discretion of the judicial member to decide on the best way of
ensuring sufficient transparency, and may, for example decide (if possible) to publish digital
transcripts of hearings or provide access to recordings of sessions through the Legacy
Commission’s website.
383 Subsection (2) requires that no recording or broadcast of inquisitorial proceedings may be
made except at the request of the relevant judicial panel member, or with the permission of
that judicial panel member and in accordance with any terms on which permission is given.
384 Subsection (3) states that 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

44
These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
prohibited by section 56 from seeing or hearing (for example, where material is being
considered in closed sessions because the judicial panel member has made a restriction order
– see below).
Clause 56: Restrictions on public access etc
385 This clause sets out how and when restrictions may be imposed on attendance at inquisitorial
proceedings, on the identification of witnesses or other participants or on disclosure or
publication of any evidence or documents given.
386 Subsection (1) sets out that restrictions may be imposed on attendance at inquisitorial
proceedings, or at any particular part of inquisitorial proceedings, on the identification of any
witness (which includes any other participant in the proceedings) or o n disclosure or
publication of any evidence or documents given, produced or provided to inquisitorial
proceedings.
387 Subsection (2) sets out the ways in which restrictions may be imposed (i.e. by the Secretary of
State making a restriction notice or the judicial panel member making a restriction order).
388 Subsection (3) requires that a restriction notice or restriction order must specify only such
restrictions as are required by any statutory provision, assimilated enforceable obligation (i.e.
an obligation that was originally derived from EU law) or rule of law, or as the Secretary of
State or relevant judicial panel member considers to be conducive to the proceedings fulfilling
their purpose or to be necessary in the public interest, having regard in particular to the
matters mentioned in subsection (4).
389 Subsection (4) sets out the matters as referenced in subsection (3). These matters include any
risk of harm or damage that might be avoided by the imposition of restrictions, as well as the
impact that the imposition may have on the public being able to understand the circumstances
surrounding a death that is the subject of the inquisitorial proceedings.
390 Subsection (5) states that in subsection (4)(b) “harm or damage” includes in particular death
or physical or mental harm to a person or damage to the national security interests of the
United Kingdom or to international relations.
391 Subsection (6) provides that for the purposes of this section and section 57, inquisitorial
proceedings end when the final report is published under section 65.
392 Subsection (7) sets out what “assimilated enforceable obligation” means in this section (i.e. an
obligation that was originally derived from EU law and that continues to have effect under
the EU (Withdrawal) Act 2018. It also defines a “witness” as including a person who is
participating in inquisitorial proceedings in some other way (e.g. as a core participant).
Clause 57: Restriction notices and orders: further provision
393 This clause provides further provision in relation to restriction notices and orders.
394 Subsection (1) provides that restrictions have effect in addition to any already specified,
whether in an earlier restriction notice or in a restriction order.

45
These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
395 Subsection (2) provides that 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 (which, in accordance with clause 56(6) end when the report is
published).
396 Subsection (3) provides that 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.
397 Subsection (4) provides that a restriction on disclosure etc. continues in force indefinitely,
unless under the terms of the relevant notice or order the restriction expires (whether at the
end of the inquisitorial proceedings or at some other time), or the relevant notice or order is
varied or revoked under this section.
398 Subsection (5) provides that after the end of the proceedings, a disclosure restriction does not
apply to a public authority in relation to information held by the authority otherwise than as a
result of the breach of any disclosure restriction. So, for example, if an authority holds data
that it has provided to the Commission as part of inquisitorial proceedings, it can still disclose
that same data for other purposes where necessary.
399 Subsection (6) provides that after the end of the proceedings, the Secretary of State may
revoke a restriction order or restriction notice containing a disclosure restriction that is still in
force, or vary it so as to remove or relax any restriction.
400 Subsection (7) provides that after the end of the proceedings, the Legacy Commission may, by
notice published in such a way as they consider suitable, revoke or vary a restriction order
(but not a restriction notice).
401 Subsection (8) states that in this section and section 58, “restriction notice” and “restriction
order” have the meanings given by section 56(2).
Clause 58: Restriction notices and orders: enforcement
402 This clause makes provision for the enforcement of restriction orders and notices.
403 Subsection (1) provides that where a person contravenes a restriction notice or a 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.
404 Subsection (2) provides that the court, after hearing any evidence or representations may
make such order by way of enforcement or otherwise as it could make if the matter had arisen
in proceedings before the court (i.e. treat the contravention of the restriction order or notice as
if it were contempt of court).
Clause 59: Legal representation and other expenses
405 This clause sets out the circumstances under which judicial panel members may make
financial awards in relation to inquisitorial proceedings.
406 Subsection (1) provides that the relevant judicial panel member may award reasonable

46
These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
amounts to a person in respect of legal representation, by way of compensation for loss of
time in attending the proceedings, or in respect of expenses properly incurred, or to be
incurred, in attending etc. the proceedings.
407 Subsection (2) sets out when a person may be eligible for an award under this section.
408 Subsection (3) provides that a judicial panel member may make an award only if they assess
that it is in the public interest to do so, taking into account certain specified matters.
409 Subsection (4) requires a judicial panel member who is considering whether to make an award
for legal representation to consider whether the person could be or could have been jointly
represented.
410 Subsection (5) provides that the power to make an award under this section is subject to any
conditions imposed by the Legacy Commission and notified by it to the relevant judicial panel
member, and regulations made by the Secretary of State under subsection (7).
411 Subsection (6) sets out the kinds of conditions that may be imposed by the Legacy
Commission.
412 Subsection (7) provides that the Secretary of State may by regulations make provision about
awards under this section, including about certain specified matters.
413 Subsection (8) requires the Secretary of State to consult with the Legacy Commission before
making regulations.
414 Subsection (9) sets out that regulations under subsection (7) are:
(a) subject to negative procedure, and
(b) may make different provisions for different areas.
Clause 60: Regulations about procedure and evidence
415 Subsection (1) provides that the Secretary of State may by regulations make provision about
procedure and evidence in relation to inquisitorial proceedings.
416 Subsection (2) requires the Secretary of State to consult with the Legacy Commission before
making regulations.
417 Subsection (3) provides that regulations under this section are subject to the negative
procedure.
Clause 61: Referral to prosecutors
418 This clause sets out when and how a judicial panel member conducting inquisitorial
proceedings can refer conduct to a prosecutor.
419 Subsection (1) states that this section applies where inquisitorial proceedings are being, or
have been, carried out.
420 Subsection (2) provides that if the relevant judicial panel member considers there is evidence
that relevant conduct constitutes an offence under the law of Northern Ireland by an

47
These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
individual whose identity is known to that judicial panel member, they:
(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.

421 Subsections (3) to (5) make equivalent provision for England and Wales and Scotland.
422 Subsection (6) provides that in any case where the relevant judicial panel member refers
conduct to a prosecutor under this section, that judicial panel member must give the
prosecutor such information and material relating to the relevant conduct as they consider
appropriate, and must, if requested to do so by the prosecutor:
(a) obtain such information or material relating to the relevant conduct as it is practicable
to obtain, and
(b) give the information or material obtained to the prosecutor.

423 Subsection (7) sets out that a judicial panel member must not require or allow a Legacy
Commission officer to assist them with the task of providing further information to a
prosecutor if that officer may have a conflict of interest in relation to the referral, or there is a
matter that may affect the officer’s ability to carry out work in relation to the referral fairly
and impartially.
424 Subsection (8) sets out that a judicial panel member may require a Legacy Commission officer
to provide information about such conflicts of interest, or matters which affect the officer’s
ability to carry out that work fairly and impartially.
425 Subsection (9) sets out what “relevant conduct” means (a term that is used throughout this
clause).
Clause 62: Production of report on the findings of proceedings
426 This clause requires that a report be produced by the relevant judicial panel member on the
findings of proceedings.
427 Subsection (1) states that this section applies where inquisitorial proceedings have been
carried out.
428 Subsection (2) requires that the relevant judicial panel member must produce a report on the
findings of the proceedings.
429 Subsection (3) requires that the report must be as comprehensive as possible, having regard to
certain matters.
430 Subsection (4) requires that the report must include a statement of the manner in which the
proceedings were carried out.
431 Subsection (5) states that in this Part “final report” means a report under this section.
Clause 63: Checks of reports for prejudicial material etc

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
432 This clause allows certain public authorities to make representations about a report before it is
finalised.
433 Subsection (1) states that this section applies where section 62 requires a judicial panel
member to produce a final report.
434 Subsection (2) requires that before producing the final report, or giving a draft of the report or
other material to any person under section 62, the judicial panel member must give a draft of
the report to the Secretary of State, and if the report contains information identified by a
relevant authority as prejudicial information or sensitive information in accordance with
Schedule 4, that relevant authority.
435 Subsection (3) provides that the judicial panel member must allow a person who is given a
draft of the report under this section to make representations during the applicable response
period about whether the report would breach any restrictions or disclos ure prohibitions.
436 Subsection (4) provides that the applicable response period is 60 days or longer if the
Secretary of State considers that there is good reason to extend it.
437 Subsection (5) requires that 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 62, until after the
applicable response period has ended (or all of the applicable response periods have ended).
438 Subsection (6) requires the judicial panel member to take any representations into account
when (a) producing the final report, or preparing a draft of the report or other material to be
given to another person for consultation (see below)
Clause 64: Consultation on reports
439 This clause covers further actions required before a report can be published.
440 Subsection (1) states that this section applies where section 62 requires a judicial panel
member to produce a final report, and the judicial panel member has complied with all
applicable duties imposed under section 63.
441 Subsection (2) requires that before producing the report, the judicial panel member must give
a draft of the report to each core participant, and allow each to make representations about the
report during the applicable response period.
442 Subsection (3) requires that if it is proposed to include in the final report material criticising an
individual, the judicial panel member must, before producing the report, give a copy of that
material to the individual and allow that individual to make representations about that
material during the applicable response period.
443 Subsection (4) requires that if it is proposed to include in the final report material criticising a
public authority, the judicial panel member must, before producing the report 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 allow that public authority or person
to make representations about that material during the applicable response period.

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
444 Subsection (5) provides that subsection (4) applies even if the public authority has been
previously given a draft of the final report containing that material for security checking.
445 Subsection (6) requires that the judicial panel member must not produce the final report until
after the applicable response period has ended (or all of the applicable response periods have
ended).
446 Subsection (7) provides that if the judicial panel member considers that it would not be in the
public interest for material included in a draft of the report to appear in the final report, the
judicial panel member may exclude that material from the final report, but must consider any
representations that are made. For example, if a core participant who is a family member of a
deceased person asks the judicial panel member to remove certain information about the
injuries suffered by their loved one, they may determine that the balance of the public interest
favours removing that information.
447 Subsection (8) provides that the judicial panel member does not have to consult more than
once (i.e. they do not have to share a revised version of the report).
448 Subsection (9) provides that the judicial panel member is not obliged to give the same draft of
the report to all of the persons that they are required to consult. For example, if a section of the
report criticises an individual the judicial panel member may decide to restrict the persons
who see that section of the report before it is finalised.
449 Subsections (10) and (11) define certain terms used in this section, including providing that
the “applicable response period” is 30 days unless extended by the judicial panel member.
Clause 65: Publication of reports
450 Subsection (1) states that this section applies where a judicial panel member has produced a
final report.
451 Subsection (2) requires that the Legacy Commission must publish the final report in such
manner as it considers appropriate.
Clause 66: Final reports: supplementary provisions
452 This clause covers circumstances under which a report may not be published.
453 Subsection (1) requires that the relevant judicial panel member must comply with sections 62
to 65 (duty to produce and publish final report, and steps to be taken in connection with its
production) as soon as practicable after inquisitorial proceedings have been carried out; but
this is subject to subsection (2).
454 Subsection (2) prevents the publication of a final report while there are active relevant
criminal proceedings or a prosecutor is deciding whether to bring such proceedings.
455 Subsection (3) defines certain terms used in subsection (2).

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
Part 5: Investigations and inquisitorial proceedings:
general
Clause 67: Personal statements by persons affected by deaths etc
456 This clause provides that personal statements can be provided to a judicial member (whether
they are writing a report at the conclusion of a Part 3 investigation or inquisitorial
proceedings) by certain people (e.g. the family members of victims) and imposes a duty to
give those people the opportunity to provide their statement.
457 Subsection (1) confirms that this section applies where an investigation is being carried out
under Part 3 or inquisitorial proceedings are being carried out.
458 Subsections (2) and (3) together requires that the judicial panel member provide an eligible
person (e.g. a close family member of a deceased person) with the opportunity to give a
statement about how they or any other person that they wish to discuss have been affected by
the conduct that is the subject of the investigation or the conduct that caused the death that is
the subject of the inquisitorial proceedings.
459 Subsection (4) requires the judicial panel member to enable the eligible person to supplement
their statement.
460 Subsection (5) defines an eligible person in relation to an investigation and subsection (6)
defines it in relation to inquisitorial proceedings.
461 Subsections (7) defines certain other terms used in this section.
462 Subsection (8) confirms the meaning of “close family member” of the deceased is the same as
that in section 93.
Clause 68: Publication of personal statements
463 This clause covers the circumstances under which such personal statements - which are
intended to allow a family member to set out the impact of the incident etc. on them
personally, for example physically or emotionally or on their family life - can be published.
464 Subsection (1) confirms that this section applies when an eligible person has provided a
personal statement in accordance with section 67 and they have asked for their personal
statement to be published by the Legacy Commission.
465 Subsection (2) sets a duty for the Legacy Commission to publish the statement.
466 Subsection (3) provides that the duty is disapplied to the extent that content in the statement
would breach the disclosure prohibitions that apply to the Commission, any restriction
imposed in relation to inquisitorial proceedings, or that in the view of the judicial panel
member it would not be in the public interest to publish.
467 Subsection (4) requires that, where material has been excluded in accordance with subsection
(3), the Legacy Commission produce an edited version of the personal statement. This does

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
not prevent the person who provided the statement from sharing a full version of it
elsewhere.
468 Subsection (5) prevents the Legacy Commission from publishing an edited personal statement
without the consent of the person who provided it.
469 Subsection (6) confirms that the duties in subsections (2) and (4) do not apply if section 42(2)
or 66(2) suspends the duty to publish any final report on the investigation or inquisitorial
proceedings (i.e. because there are linked criminal proceedings).
470 Subsection (7) places a duty on the Legacy Commission to provide the reasons for publishing
an edited version of the personal statement, or not to publish a personal statement, on the
grounds set out in subsections (3) and (4).
471 Subsection (8) defines certain terms used in this section.
Clause 69: Duty to have regard to welfare of witnesses etc.
472 Clause 69 imposes certain duties on a Director of Investigations or a judicial panel member to
have due regard to the welfare of witnesses and other persons with whom they interact in the
course of an investigation or in the course of inquisitorial proceedings.
473 Subsection (1) provides that this clause applies when an investigation or inquisitorial
proceeding is being carried out.
474 Subsection (2) requires, in exercising their functions under Part 3 or Part 4, the Director of
Investigations or judicial panel member (respectively) must have regard to the welfare of any
individual giving evidence or participating in the investigation or proceedings. For example, a
judicial panel member who is determining an application to make a restriction order to
prevent any disclosure or reporting of the identity of a particular witness must have regard to
the need to safeguard that person’s welfare. This would include consideration of the impact
that not making an order would have on the witness’s physical and mental health, as well as
their safety.
Clause 70: Referral to the Police Ombudsman for Northern Ireland
475 This clause makes provision about the referral of evidence that a member of the PSNI may
have committed a criminal offence to the Police Ombudsman for Northern Ireland for
investigation. Such a referral may be made by a Director of Investigations or judicial panel
member.
476 Subsection (1) confirms that this section applies when an investigation under Part 3 or
inquisitorial proceedings are being, or have been, carried out.
477 Subsection (2) places a duty on the relevant Director of Investigations or judicial panel
member to refer a matter to the Police Ombudsman for Northern Ireland where there is
evidence that a member of the PSNI has committed a relevant offence.
478 Subsection (3) defines a “relevant offence”. In practice, this means any Troubles-related
offence which falls outside of the definition of offences that can be investigated by the Legacy

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
Commission.
479 Subsection (4) defines “Troubles-related”.
480 Subsection (5) confirms that subsection 6 applies when the Ombudsman sends a report to a
Director for Public Prosecutions for Northern Ireland (“DPPNI”) under section 58(2) of the
Police (Northern Ireland) Act 1998 (“the 1998 Act”) in connection with a ref erral under this
section and the Ombudsman is requested to provide further information by the DPPNI.
481 Subsection (6) requires the Legacy Commission to disclose any information it holds, if
requested to do so and another provision in the Bill allows that disclosure.
Clause 71: Investigation by the Ombudsman following section 70 referral
482 This clause provides for Ombudsman investigations relating to a referral under Section 70.
483 Subsection (1) amends Part 7 of the 1998 Act in the following ways.
484 Subsection (2) inserts new subsection (5A) into section 50A, which ensures that the
Ombudsman is not prevented from carrying out an investigation, or carrying out a criminal
investigation for the purposes of prosecution, other than a private prosecution, relating to a
referral under section 68 (a referral by the Legacy Commission).
485 Subsection (3) adds references to section 70 of the Bill in section 55(5) and (7) of the 1998 Act.
The amendment to section 55(5) requires the Ombudsman to investigate matters referred
under clause 70 of the Bill if it is in the public interest to do so. The amendment to s 55(7)
means that the Ombudsman must notify the Legacy Commission of the outcome of any
proceedings brought as a result of a referral under clause 70 of the Bill. e.

486 Subsection (4) amends section 59 (disciplinary proceedings after investigation) and adds
subsection (1ZA) and (1ZB). These provisions allow the Ombudsman to consider disciplinary
proceedings where an officer is convicted following a referral to Ombudsman under section
70 of the Act, and defines a Troubles-related report within the Police (Northern Ireland) Act
1998 as a report in connection with a matter referred to the Ombudsman under section 70.
487 Subsection (5) adds a new subsection (2) to section 62 of the 1998 Act, which prevents the
Ombudsman from making a statement under section 62 which duplicates a final report
produced by a judicial panel member under section 41 or 65 of the Bill
488 Subsection (6) prevents disclosure by the Police Ombudsman of sensitive information
received from the Legacy Commission except to the listed office-holders.
489 Subsection (7) inserts references to the Bill into section 64 of the 1998 Act, which allows the
Department of Justice in Northern Ireland to make Regulations.
Part 6: The Independent Commission on Information
Retrieval
Clause 72: The Independent Commission on Information Retrieval
490 This clause sets out the principal functions of the Independent Commission on Information

53
These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
Retrieval (“ the ICIR”) established by an agreement made between His Majesty’s Government
in the United Kingdom and the Government of Ireland on 15 October 2015 (as amended) (“the
ICIR agreement”).
491 Subsection (2) provides that the principal functions of the ICIR are to receive and retain
information about deaths within its remit and where requested to seek and provide reports
about those deaths to families. The ICIR is not given powers by the bill to carry out
investigations, and thus it is expected here that the Report would primarily be composed of
information provided to the ICIR.
492 Subsection (3) provides that the ICIR has the legal capacities of a body corporate.
493 Subsection (4) provides that ICIR has the functions conferred on it by this Part and any
additional functions conferred on it by the ICIR agreement. The ICIR must exercise all its
functions in accordance with this Part and the ICIR agreement.
494 Subsection (5) prohibits the ICIR from doing anything that might or would prejudice the
national security interests of the United Kingdom or Ireland; endanger any person’s life or
safety; or would have a prejudicial effect on any actual or prospective lega l proceedings in the
United Kingdom or Ireland. Subsection (6) defines what is meant by ‘legal proceedings’ for
the purposes of subsection (5).
495 Subsection (7) enables the Secretary of State to make payments or provide other resources to
the ICIR.
Clause 73: Information about deaths
496 It is a function of the ICIR to receive and retain information about deaths within its remit
(subsection 2). This clause sets out which deaths are within the remit of the ICIR and what the
ICIR is required to do in relation to information it receives about a death.
497 Subsection (1) provides that a person’s death is within the remit of the ICIR if their death was
directly caused by conduct forming part of the Troubles.
498 Subsections (3) and (4) prohibits the ICIR from disclosing the name or identity of any
individual from whom the ICIR has received information about a death within its remit, or
from disclosing the name or identity of any individual who is identified by t hat information
as being responsible for any of the conduct which caused the death.
499 Subsection (5) provides that the provision of information by a person to the ICIR does not give
the person immunity from prosecution for any criminal offence.
500 Subsection (6) prevents information provided to the ICIR about a death and any evidence
obtained directly or indirectly as a result of the information being provided to the ICIR, from
being admissible in legal proceedings. It also prevents that information from being used by
the Legacy Commission in connection with its investigations or inquisitorial proceedings.
501 Subsection (7) ensures that, if the same information received by the ICIR is obtained
separately by other persons, the information received by other organisations would not be

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
covered by the inadmissibility provision in subsection (6).
Clause 74: Requests by families for information
502 This clause enables family members to make requests for information to the ICIR about a
death within its remit (subsection 1).
503 Subsection (2) requires that the ICIR must keep a person who makes such a request informed
about the progress.
504 Subsections (3) and (4) prevents a request from being made outside the ‘request period’ which
is defined as being a two year period.
505 Subsections (5) and (6) enable the Secretary of State to extend the ‘request period’ by
regulations, subject to affirmative procedure.
Clause 75: Accepting and rejecting requests for information
506 This clause applies where a family member makes a request for information under section 74
and sets out when the ICIR should accept or reject such a request.
507 Subsection (2) requires the ICIR to reject the request if the ICIR considers that an investigation
is necessary for the purposes of ECHR compatibility (as defined in subsection (3)), or if it
relates to a case which at that time is also being investigated by the Legacy Commission as a
criminal investigation (as defined in subsection (4)).
508 Subsection (5) provides that the ICIR must accept the request if it is made by a close family
member (as defined in section 93) and meets the residency requirement. The ICIR may accept
the request if made by close family members of the deceased but who do es not meet the
residency qualification, if the ICIR deems it to be appropriate to accept the request. The ICIR
must reject the request if must reject if it is made by a family member of the deceased other
than a close family member, unless the ICIR is satisfied that no close family member of the
deceased objects to the request, and it is appropriate to accept the request, in which case the
ICIR may accept the request.
509 Subsections (6) and (7) set out when it is appropriate for ICIR to accept a for the purposes of
subsection (5)(c) request and when a person making the request meets the “residency
qualification”.
Clause 76: Reports for families
510 Where the ICIR accepts a request by families for information under section 74, this clause
applies. It requires the ICIR to produce a written report containing the information it has
received about the death and to share that report with the person who made the request. The
ICIR’s ‘family report’ in this section is entirely different from, and separate to, the report
produced and published by the Legacy Commission on the findings of its investigations - as
set out in Part 3.
511 Subsection (2) provides that, where the ICIR has accepted a request for information about a
death, it must seek information about that death, this may be done for example via

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14 October (Bill 310).
interlocutors.. The ICIR must produce a written report containing the information it has
received about that death at the conclusion of its enquiries and give the report to the person
who made the request.
512 The ICIR must ensure that family reports include only information received by the ICIR which
it has deemed to be credible. While the report will focus on the information the ICIR has
received, this does not preclude the ICIR from using, for example, public ly available
information, in order to contextualise the information, or demonstrate the degree to which it is
credible.
513 Subsection (4) allows the ICIR to produce and share a revised report, in the event it receives
new information after a report has already been issued to a family member.
514 Subsection (2) requires the ICIR to issue a report only to the family member that requested
information. Subsection (5) allows the ICIR to determine how much of the content of a
previously issued family report it is appropriate to re-use, should another family member
relating to the same case make a separate request for information.
515 In the event that the ICIR has accepted a request for information under clause 74, and the
Legacy Commission begins a criminal investigation into that same case, the ICIR must not
produce or give a report on the information it has received to the relevant family member
until the final report of the criminal investigation is published under clause 41. This is to
ensure that the ICIR’s entirely separate work does not impinge on those criminal
investigations.
516 Subsection (7) requires that the functions conferred by this section must, in particular, be
exercised in accordance with the safeguards set out in section 77, and Article 11 of the ICIR
agreement.
Clause 77: Reports for families: safeguards
517 This clause sets out certain safeguards in relation to family reports produced by the ICIR.
518 Subsection (2) requires that before the ICIR issues a family report to the requesting family
member, the ICIR must give a draft of the report to the Secretary of State for Northern Ireland.
519 Subsection (3) provides that the Secretary of State may notify the ICIR either that they
consider information contained in the report risks prejudicing the national security interests of
the United Kingdom, or put at risk the life or safety of any person in the United Kingdom, or
would cause that prejudice or risk.
520 Subsection (4) requires that such a notification must identify the particular information which
would, in the Secretary of State’s view, cause that prejudice or risk.
521 Subsection (5) provides that, if the ICIR receives a notification from the Secretary of State that
a family report contains information that would cause a risk to life or national security, the
ICIR must not issue that family report to the requesting family member until it has either,
removed the specific information identified as a risk in the notification, or the ICIR has

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
revised the report and received notification from the Secretary of State that none of the
information in the report would cause such risks. If the ICIR has not received any such
notification from the Secretary of State within a certain time (60 days - as defined in subsection
(8)), the ICIR can proceed to issue the report to the requesting family member.
522 In instances where the ICIR has received notification from the Secretary of State that
information contained in a family would cause a risk to life or national security, the ICIR can
revise the report and resubmit a different draft to the Secretary of Sta te for review. Subsection
(7) requires that the ICIR must not give a family report to any person except the person who
requested it and in accordance with this section.
Clause 78: Communication between the ICIR and Legacy Commission
523 This clause sets out the communication required between the ICIR and Legacy Commission
necessary to fulfil obligations and ensure the sequencing of cases between both institutions.
524 The ICIR must notify the Legacy Commission when a request has been made or accepted,
specifying the relevant death to which the request relates.
525 After receiving a notification from the ICIR that it is investigating a relevant death,
subsections (3) and subsection (4) require the Legacy Commission to respond to the ICIR to
confirm whether they are carrying out a criminal investigation into the sam e death. If the
Legacy Commission is not, at that time, carrying out a criminal investigation into that
particular death, but later starts such an investigation, it must also notify the ICIR of that fact.
526 Subsection (5) ensures that if the Legacy Commission’s investigation initially began as a non-
criminal investigation and later changed to a criminal investigation (for example, in light of
new evidence received by the Legacy Commission) it must notify the ICIR.
527 Subsection (6) establishes that a notification by the Legacy Commission under subsection (3)
must state whether the investigation is being carried out as a criminal investigation.
Subsection (7) requires the Legacy Commission to notify the ICIR if the natu re of the
investigation changes.
Clause 79: Unauthorised disclosure of family report by member of the ICIR
528 This clause creates a new offence for members of the ICIR who disclose a family report
containing information about a Troubles-related death to anyone other than the family
member who made that request (subsection (1)).
529 Subsection (2) sets out that 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) 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) and;

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These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
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(d) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a
fine (or both).
Clause 80: Unauthorised disclosure of information by member of the ICIR etc
530 This clause creates a new offence for members, or staff or agents of the ICIR who without
authorisation disclose information that has been received or held by the ICIR.
531 Subsection (1) sets out that a person commits an offence if they disclose information, about a
death, that was obtained in the capacity of their position within the ICIR and without the
authorisation of the ICIR.
532 Subsection (2) provides that 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.
533 Subsection (3) states that a person who received information about a death while in a relevant
position at the ICIR, still commits this offence if they disclose the information after leaving
their position (for example, a person who has retired or otherwise left the ICIR and makes an
unauthorised disclosure). Subsection (4) clarifies that internal communication of information
between persons who hold a relevant position is not considered to be a disclosure of
information for the purposes of this offence.
534 Subsection (5) sets out that 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) 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);
(d) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or
both).

535 Subsection (6) defines what is meant by a person holding a relevant position, as a person that
is a member of the ICIR or the staff of its members, or any agent of, or person that is carrying
out work for or providing it with advice.
Clause 81: Legal privileges
536 This clause sets out the legal privileges of the ICIR.
537 Subsection (1) provides that the ICIR has immunity from suit and legal process. It cannot be
sued or subject to legal proceedings to, for example, compel it to produce documents in its
possession in a court. The ICIR does, however, have the ability to waive such privileges and
immunities where appropriate.
538 Subsection (2) states that the ICIR has the like inviolability of official archives and premises as
in accordance with the 1961 Vienna Convention on Diplomatic Relations. This privilege for

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14 October (Bill 310).
international bodies and diplomatic missions, means that the organisation’s archives and
documents are protected, and cannot be interfered with by the host state’s authorities at any
time or place. This principle ensures that the host country cannot search, seize, or otherwise
interfere with its records, ensuring confidentiality and independent functioning.
539 Subsection (3) prohibits the ICIR from waiving any inviolability of archives relating to
information about deaths within its remit and records that relate to such information.
540 Subsection (4) provides that the Secretary of State may by regulations confer additional
privileges and immunities set out in Part 1 of Schedule 1 to the International Organisations
Act 1968 on the ICIR or its members and staff. Staff includes agents of the ICIR and persons
carrying out work or giving advice to the ICIR (subsection (5)). This is similar to provisions in
the Northern Ireland (Monitoring Commission etc) Act 2003 and the Northern Ireland
(Location of Victims’ Remains) Act 1999. It means that additional details relating to the
privileges and immunities in this clause, for example, the names of specific individuals, can be
set out in regulations rather than in primary legislation. Such regulations will be subject to
negative procedure.
Clause 82: Annual reports
541 This clause requires the ICIR to publish a report each year and sets out what that report must
include.
542 Subsection (1) requires the ICIR to, within 6 months after the end of each financial year,
produce and publish a report about that year; and give a copy of that report to the UK and
Irish Governments.
543 Subsection (2) requires that the report must cover:
(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,
(c) the finances of the ICIR,
(d) the administration of the ICIR,
(e) the number of requests from families it has received,
(f) the number of family reports the ICIR has issued to families and;
(g) and the volume of information about deaths received by the ICIR.

544 Subsection (3) requires that each report must include a statement of the number of
notifications under section 75(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.
545 Subsection (4) sets out what “Financial year”, in relation to the ICIR, means.
Clause 83: Conclusion of the ICIR’s work
546 This clause sets out the steps that must be taken before the ICIR can be wound up.
547 Subsection (1) requires that at the end of the ICIR’s operational period, the ICIR must destroy

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14 October (Bill 310).
all the information it holds about deaths within its remit and all relevant records.
548 Subsection (2) defines the ICIR’s “operational period” as beginning on the first day of the
‘request period’ as set out in Clause 74(4), and ending 6 months later. As set out in Clause 74
the request period is 2 years long unless extended by regulations.
549 While Clause 74 allows the Secretary of State to, by regulations, extend the request period of
the ICIR , subsection (3) also provides that the Secretary of State may by regulations amend
the ‘operational period’ so as to increase or decrease it after the end of the ‘request period’.
This is to, for example, give the ICIR more time if necessary to work through its caseload
before being wound up. Subsection (4) provides that the Secretary of State may by regulations
make provision for winding up the ICIR after the end of the operational period.
550 Subsection (5) states that regulations under subsection (4) may, among other things , make
provision for the transfer of any property, rights and liabilities or liabilities in the ICIR’s name.
551 Subsection (6) allows any regulations made under this section to include the repeal or
amendment of any of the functions or duties provided to the ICIR under this Part, with the
exception of some l provisions - for example, the offences covering the unauthorised
disclosure of information held by the ICIR.
552 Consistent with the ICIR agreement, subsection (7) requires that before making regulations
winding up the ICIR, the Secretary of State must consult the Government of Ireland, and any
other person the Secretary of State considers appropriate.
553 Subsection (8) states that the winding up regulations in this section may include provision to
ensure that any records or information held by the ICIR are destroyed, further to subsection
(1).
554 Subsection (9) provides that regulations under this section are subject to the affirmative
procedure - meaning they must be approved by both Houses of Parliament.
555 Subsection (10) provides that if a draft of an instrument containing regulations under this
section 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. This allows the instrument to proceed through Parliament
under the standard procedure for public instruments.
Part 7: Inquests
Clause 84: Stopped inquests in Northern Ireland
556 This clause amends the Coroners Act (Northern Ireland) 1959 (“1959 Act”) to ensure that
Troubles-related inquests which had been allocated to a coroner by the Presiding Coroner
prior to 1 May 2024 will be resumed, with the exception of those that ceased progressing prior
to 1 May for reasons relating to public interest immunity. This clause also provides a new
mechanism whereby the Solicitor General will assess whether those cases directed to be held
as inquests by the Attorney General for Northern Ireland had but had not been allocated a

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14 October (Bill 310).
coroner by the Presiding Coroner prior to 1 May 2024 should be held as an inquest or
transferred to the Legacy Commission.
557 Subsection (2):
a. substitutes section 16A(1) 1959 Act (closure of inquests and deaths relating to the
Troubles) with a new provision stating that the section applies to a death resulting
directly from the Troubles if the inquest was initiated before 1 May 2024 but not
allocated to a coroner before that day, or initiated and allocated to a coroner before 1
May 2024 but that coroner ceased progressing the inquest before that day for reasons
relating to public interest immunity; and
b. inserts new subsection (5) which ensures subsections (2) and (3) of the 1959 Act are
subject to new section 16AB(2)(a) (inquests resumed at direction of Advocate
General), and inserts new subsection (6) which defines the circumstances in which the
coroner is considered to have ceased progressing an inquest “for reasons relating to
public interest immunity”.
558 Subsection (3) inserts:
a. new section 16AA which places a duty on coroners to resume inquests which had
been allocated to a coroner prior to 1 May 2024 and which had not been stopped for
reasons relating to public interest immunity. Where the coroner with conduct of the
original inquest is not able to resume the inquest then the Presiding Coroner must
allocate the inquest to another coroner (s 16AA(3).
b. new section 16AB which applies to an inquest that was initiated before 1 May 2024 by
a direction from the Attorney General for Northern Ireland under s 14 1959 Act but
had not been allocated to a coroner by the Presiding Coroner before that day. The
section provides powers to the Advocate General for Northern Ireland in relation to
those inquests to either (a) direct the Presiding coroner to appoint a coroner to resume
the inquest; or (b) direct the senior judicial panel member that s 50 of the Bill applies
so the death must be subject to inquisitorial proceedings . In taking this decision, the
Advocate General must take into account whether it would be more timely to
recommence an inquest or follow the inquisitorial process, family members’ views
and the views of relevant authorities. If there is sensitive information relevant to the
matter to be determined, a referral to the Legacy Commission must be made, unless,
on consideration of the other factors, a direction to the Presiding coroner is considered
appropriate. The Advocate General must give a direction in each case within 18
months from the provision coming into force (unless it is not practicable to do so). The
Advocate General can require the Presiding Coroner to provide information about the
inquests for the purposes of deciding what direction to make . The Advocate General
for Northern Ireland can appropriately delegate these powers to the Solicitor
General.

c. new section 16AC(2) which enables rules made under section 36(1) 1959 Act to make

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14 October (Bill 310).
provision about resumed inquests . Section 16AC(3) prevents the coroner from
duplicating anything done previously, unless there are compelling reasons. Section
16AC(4) requires the Presiding coroner to consult with the Advocate General for
Northern Ireland before issuing guidance about the conduct of resumed inquests and
section 16AC(5) requires coroners to have regard to guidance issued by the Presiding
coroner about the management or conduct of a resumed inquest.
d. new section 16AD which enables anyone, wherever they live, required by the coroner
to give evidence, to apply to the coroner for permission to give that evidence through
a live audio link or live video link. It requires that the coroner must grant a request to
give evidence remotely, unless impracticable to do so. This means where it is
impossible in practice for the witness to give evidence remotely and in-person
attendance is the only realistic alternative. If the Coroner refuses a request or
withdraws permission to give evidence remotely they must set out the reasons why
they consider it impracticable for evidence to be provided in this way. It also ensures
that any oath given via live video link from outside Northern Ireland is to be treated
as being made in the inquest in which it is given in evidence. It also defines various
relevant terms.
e. new section 16AE which requires a coroner to notify the senior judicial panel member
where it appears that section 50 (deaths subject to inquisitorial proceedings) applies.
The panel member must then determine whether section 50 does apply. If so, the
coroner must close their inquest. This must be completed as soon as practicable.
559 Subsection (4) inserts new subsection (4) into section 16C to define the “allocation” of an
inquest to a coroner.
Clause 85: Inquests directed by law officers after winding up of the Legacy
Commission
560 This clause gives the Secretary of State the power to repeal or amend existing legislation to
enable an inquest into a death caused by conduct forming part of the Troubles to take place
after the winding up of the Legacy Commission, at the direction of the law officer in the UK
nation, or in other circumstances.
561 Subsection (2) defines a “relevant enactment”.
562 Subsection (3) defines “the relevant law officer”.
563 Subsection (4) requires that regulations made under this section are subject to the affirmative
procedure.
Part 8: Further provision relating to the Troubles
Clause 86: Production of the historical record
564 This clause is about the production of historical records by the Legacy Commission.
565 Subsection (1) requires that the Legacy Commission must produce a record (“the historical
record”) of deaths that were caused by conduct forming part of the Troubles.

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14 October (Bill 310).
566 Subsection (2) requires that 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.
567 Subsection (3) requires that the Legacy Commission must take all reasonable steps— (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
(ii) other information about the relevant deaths which the Legacy Commission considers is
likely to be of use in producing the historical record.
568 Subsections (4) and (5) provide that the Legacy Commission may request a person to provide
information in connection with the production of the historical record, but the Legacy
Commission may not request information that relates to the relevant death, or to the relevant
event, to be provided by (a) a member of the family of the deceased person, (b) a person who
suffered physical or mental harm as a result of the relevant event, or (c) or a member of the
family of a person (i) whose death was caused by conduct forming part of the relevant event,
or (ii) who was caused physical or mental harm by conduct forming part of the relevant event.
569 Subsection (6) provides that that does not prevent the Legacy Commission from making a
request to a person in their capacity as the holder of an employment, office or other position.
570 Subsection (7) provides that a person may provide information if requested to do so by the
Legacy Commission, but only if the provision of the information would not breach— (a) any
obligation of confidence owed by the person, or (b) any other restriction on the disclosure of
information (however imposed).
571 Subsection (8) provides that 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, take
into account whether that step would, in the Legacy Commission’s view, involve
disproportionate effort or cost.
572 Subsection (9) sets out what “relevant deaths” means in this section.
Clause 87: Publication of the historical record
573 Subsection (1) requires that the Legacy Commission must publish the historical record, in
such a manner as it considers appropriate.
574 Subsection (2) provides that 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).
Clause 88: Relaxation of restriction on criminal investigations by police forces etc
575 This clause amends section 38 of the Legacy Act 2023 in respect of Troubles related criminal
investigations that are outside the investigative remit of the Legacy Commission allowing
offences which are not serious or connected Troubles-related offences to be investigated by
the relevant police forces.
576 Subsection (1) states that section 38 of the Legacy Act 2023 (criminal investigations of
Troubles-related offences) is amended as follows.

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14 October (Bill 310).
577 Subsection (2) substitutes “Criminal investigations of Troubles-related offences” for the
heading.
578 Subsection (3) substitutes for subsection (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.”
579 Subsection (4) omits subsection (2) and (3).
580 Subsection (5) substitutes “the Legacy Commission” for “the ICRIR” in section 42(3).
Clause 89: Interim custody orders
581 Interim Custody Orders (“ICOs”) were orders made under Article 4 of the Detention of
Terrorists (Northern Ireland) Order 1972 or a similar power under paragraph 11 of Schedule 1
the Northern Ireland (Emergency Provisions) Act 1973. ICOs authorised the temp orary
detention of individuals suspected of involvement in terrorism in Northern Ireland during
the 1970s. In R v Adams, the Supreme Court unexpectedly disapplied the Carltona principle in
the context of ICOs and held that a decision to make an ICO required the personal
consideration of the Secretary of State. Clause 89 reverses the decision in R v Adams
reaffiriming the application of the Carltona principle in the context of ICOs.
582 Subsection (1) provides that it is lawful for a Minister of State or Under -Secretary of State to
make an ICO on behalf of the Secretary of State.
583 Subsection (2) provides that any order so made is to be treated as an order of the Secretary of
State.
584 Subsection (3) defines “interim custody order”.
585 Subsection (4) states that this section has retrospective effect.
Clause 90: Interim custody orders: supplementary
586 Subsection (1) provides that where, before the coming into force of section 89, a conviction for
an offence was quashed only because an ICO was made otherwise than by the Secretary of
State acting personally then section 89 does not affect the quashing of the conviction, but the
quashing of the conviction is to be disregarded for the purposes of section 133 of the Criminal
Justice Act 1988 (compensation for miscarriages of justice).
587 Subsection (2) omits sections 46 and 47 in the Northern Ireland Troubles (Legacy and
Reconciliation) Act 2023.
Part 9: General
Clause 91: Consequential provision
588 This clause sets out what consequential provisions that can be made.
589 Subsection (1) introduces Schedule 6 which sets out amendments to the Northern Ireland
Troubles (Legacy and Reconciliation) Act 2023.

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590 Subsection (2) enables the Secretary of State, Department of Justice in Northern Ireland and
Scottish Ministers to make provision that is consequential on this Act by way of regulations.
Those regulations may amend or repeal primary legislation (subsection (3)).
591 Subsection (4) requires regulations made under subsection (2) that amend or repeal primary
legislation to be subject to affirmative procedure. All other regulations made under subsection
(2) are subject to negative procedure (subsection (5)).
592 Subsection (6) provides that the regulation making power of Scottish Ministers or the
Department of Justice in Northern Ireland under subsection (2) are subject to limitations set
out in section 92(6) or (7).
593 Subsection (7) sets out where the Secretary of State may by regulations replace references
within this Act to an actual date.
594 Subsection (8) defines primary legislation.
Clause 92: Regulations
595 This clause makes provision about regulations made under this Bill and the processes that
must have been followed in Parliament, the Scottish Parliament or the Northern Ireland
Assembly (respectively) before affirmative regulations can be made.
Clause 93: Meaning of “close family member” of deceased person
596 This clause makes provision for determining the meaning of ‘close family member’ .
597 Subsection (1) provides that this section applies when determining whether one person (F) is a
close family member of another person (D) that has died.
598 Subsection (2) defines F as being a “close family member” of D if F was the spouse, civil-
partner or cohabitee of D one the day of D’s death; if F is a child, step-child, parent, brother,
half-brother, step-brother, sister, half-sister or step-sister of D; or if F was a step-parent of D
on the day of D’s death or is a step-parent of D on the “relevant day” (defined in subsection
(3).
599 Subsections (4), (5), (6) and (7) provide the circumstances in which F can be described as
being a co-habitee, a step-child, a step-parent, a step-brother or step-sister of D for the
purposes of subsection (2).
600 Subsection (8) defines someone (A) as a co-habitee of another person (B) for the purposes of
subsections (5), (6) and (7), if person A is, or was, living in the same household as B in a
relationship with B corresponding to marriage or to civil partnership, and A has been, or had
been, doing so for a period of at least two years ending with that day.
Clause 94: Interpretation of Act
601 Clause 92 defines various terms used in this Bill.
Clause 95: Application to the Crown
602 Clause 93 confirms that this Bill binds the Crown.

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14 October (Bill 310).
Clause 96: Extent
603 Subsection (1) confirms that this Bill extends to England and Wales, Scotland and Northern
Ireland.
604 Subsection (2) confirms that any amendment or repeal made by this Bill has the same extent as
the provision amended or repealed.
605 Subsection (3) confirms that sections 89 and 90 extend to Northern Ireland only.
Clause 97: Commencement
606 This clause sets out when different parts of the Bill will come into force, and that certain
persons (e.g. the Secretary of State) may make transitory, transitional or savings provisions by
regulations.
Clause 98: Short title
607 Clause 96 confirms that this Act may be cited as the Northern Ireland Troubles Act 2025.
Schedules
Schedule 1: The Legacy Commission etc.
608 Part 1 of Schedule 1 makes provision about the Legacy Commission's status, powers,
proceedings and delegation of functions, and for the proceedings of the oversight board. It
also provides for a seal and its accounting duties.
609 Part 2 of Schedule 1 makes provision about the number of Commissioners, and restrictions on
their appointment. It provides that persons holding public elected positions may not be
appointed. It makes provision for the terms of appointment of Commissioners, and for the
resignation and removal of Commissioners. It also makes provision for how the Secretary of
State may terminate the terms of existing Commissioners. Part 2 also sets out duties on
Commissioners (or those being considered for appointment) to provide the Secretary of State
with information about matters which might give rise to a conflict of interest, or affect their
ability to carry out their work fairly and impartially.
610 Part 3 of Schedule 1 sets out that paragraphs 9 to 13 of Schedule 1 also apply to Directors of
Investigations, in the same way as to Commissioners. It makes provision for the delegation of
a Director’s functions and sets out how disagreements between the Directors should be
managed, in matters where they are to act jointly. It provides that a Director of Investigations
is not regarded as a police officer for the purposes of trade union involvement.
611 Part 4 of Schedule 1 sets out that paragraphs 9 to 13 of Schedule 1 also apply to judicial panel
members. Paragraphs 11 to 13 apply to the senior judicial panel member, in that capacity.
612 Part 5 of Schedule 1 makes provision for the employment and secondment of Legacy
Commission officers, and that persons holding office may not become a Legacy Commission
officer. It also makes provisions for the Legacy Commission to cover liability for unla wful
conduct on the part of a Legacy Commission officer and provide that a Legacy Commission

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14 October (Bill 310).
officer is not regarded as a police officer for the purposes of trade union involvement.
Schedule 2: Operational powers of the Legacy Commission Officers
613 This Schedule provides details of the operational powers of Legacy Commission Officers
including their designation and limitations. It also provisions for an offence to assault or
obstruct a Legacy Commission Officer in the carrying out of their duties as well as an offence
to impersonate a Legacy Commission Officer.
Schedule 3: Supply of Information: Enforcement
614 Part 1 of Schedule 3 provides details of the penalties for non compliance with a notice under
clause 12 of this Bill including the maximum amounts and the notice required, as well as how
to object to such a penalty.
615 Part 2 of Schedule 3 provides for an offence if a person intends to distort evidence given to the
Legacy Commission and the penalties provided.
Schedule 4: Identification of sensitive, prejudicial or protected international
information
616 Paragraph 1 of Schedule 4 requires a Director of Investigations to identify sensitive
information or prejudicial information, from time to time, unless it has been identified by the
relevant authority.
617 Paragraph 2 of Schedule 4 provides that the relevant authority must notify a Director of
Investigation of any sensitive information or prejudicial information it identifies when it or
other persons are making information available to the Legacy Commission.
618 Paragraph 3 of Schedule 4 provides that the Secretary of State may notify a Director of
Investigations of any information held by the Legacy Commission or being proposed to be
made available to the Legacy Commission, that the Secretary of State considers t o be protected
international information.
Schedule 5: Permitted disclosures of information
619 Part 1 of Schedule 5 sets out which disclosures of information are “permitted” for the
purposes of section 15(3), and explains what the “relevant decision period" means.
620 Part 2 of Schedule 5 provides that if a decision is made by the Secretary of State to prohibit
disclosure in a report, the affected report must include a statement which sets out any reasons
for prohibiting the disclosure. It also makes provisions in relation to any appeals of the
Secretary of State’s decision.
Schedule 6: Minor and consequential amendments
621 Part 1 of Schedule 6 sets out amendments to the Northern Ireland Troubles (Legacy and
Reconciliation) Act 2023.
622 Part 2 of Schedule 6 sets out amendments to other legislation.

67
These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
Commencement
623 Clause 97 sets out how different provisions will be commenced.
624 Part 9 (except other than section 91(1) and Schedule 6), and any provision of or amendment
made by this Bill which confers or relates to a power to make regulations, will come into force
on the day on which the Bill is passed
625 Sections 89 and 90 come into force at the end of the period of two months after the Act is
passed (with day one being the day on which the Bill is passed)
626 All other parts come into force on such day or days as the Secretary of State may by
regulations made by statutory instrument appoint.

Financial implications of the Bill
627 The Government expects that the provisions of the Bill will have direct financial implications.
There was a previous settlement of £250m however this will need to be revised as costs
incurred by the Legacy Commission in carrying out the reformed and additional functions
conferred on it by Parts 2 to 5 of the Bill will require increased financial support for that body
(beyond the support authorised by the money resolution for the Bill which became the
Northern Ireland Troubles (Legacy and Reconciliation) Act 2023).
628 The Bill also allows for the Legacy Commission and the Independent Commission on
Information Retrieval to be wound up by regulations and for those regulations to transfer
(among other things) liabilities, which may eventually be transferred to another public body
and result in increased expenditure by that body.
629 Part 6 confers functions on the Independent Commission on Information Retrieval and
authorises the Secretary of State to financially support that body.
630 HMG is reviewing the implications of these reforms and will update the explanatory notes in
due course.
Parliamentary approval for financial costs or for
charges imposed
631 A money resolution is required for the Bill. A money resolution is required where a bill
authorises new charges on the public revenue - broadly speaking, new public expenditure.
632 Paragraph 5(6) of Schedule 3 requires that monetary penalties paid to the Legacy Commission
must be paid into the Consolidated Fund. This paying into the Consolidated Fund is also
authorised by the money resolution.
633 A ways and means resolution is not required for the Bill. A ways and means resolution is

68
These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
required where a bill authorises new charges on the people - broadly speaking, new taxation
or other similar charges. Nothing in the Bill authorises such charges.
Compatibility with the European Convention on
Human Rights
634 Section 19 of the Human Rights Act 1998 requires a Minister in charge of a Bill in either House
of Parliament to make a statement about the compatibility of the Bill with the Convention
rights (as defined by section 1 of that Act).
635 The Bill Minister, the Secretary of State for Northern Ireland, Rt Hon Hilary Benn MP, has
made the following statement:
636 “In my view the provisions of the Northern Ireland Troubles Legacy Bill are compatible with
the Convention rights.”
Environmental Law for the purposes of the
Environment Act 2021
637 The Secretary of State is of the view that the Bill as introduced into the House of Commons
does not contain provision which, if enacted, would be environmental law for the purposes of
section 20 of the Environment Act 2021. Accordingly, no statement under that section has
been made.
EU (Withdrawal Act)
638 The Secretary of State is of the view that the Bill as introduced into the House of Commons
does not contain provision which, if enacted, would affect trade between Northern Ireland
and other parts of the United Kingdom. Accordingly, no statement under section 13C(2) of the
European Union (Withdrawal) Act 2018 has been made.
Related documents
639 The following documents are relevant to the [Bill/Act] and can be read at the stated locations:
● Joint Framework Agreement with the Republic of Ireland:
https://assets.publishing.service.gov.uk/media/68cd3c16b6d7ea468dbea6d6/15753
5_NIO_Joint_Framework_Online_Single_Pages.pdf
● Draft Stormont House Agreement Bill:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/att
achment_data/file/706283/Draft_Northern_Ireland__Stormont_House_Agreemen
t__Bill.pdf

69
These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
● Northern Ireland Troubles (Legacy and Reconciliation) Act 2023:
https://www.legislation.gov.uk/ukpga/2023/41
● Stormont House Agreement: https://www.gov.uk/government/publications/the-
stormont-house-agreement

70
These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
Annex A - Territorial extent and application in the
United Kingdom

Provision England Wales Scotland Northern Ireland
Extends to
E & W and
applies to
England?
Extends
to E & W
and
applies to
Wales?
Legislative
Consent
Motion
process
engaged?
Extends
and applies
to
Scotland?
Legislative
Consent
Motion
process
engaged?
Extends
and
applies to
Northern
Ireland?
Legislative
Consent
Motion
process
engaged?
Part 1: Introductory
1-2 Yes Yes No Yes Yes Yes Yes
Part 2: The Legacy Commission
3-9 Yes Yes No Yes Yes Yes Yes
10 Yes Yes No Yes Partial Yes Partial
11-12 Yes Yes No Yes Yes Yes Yes
13-18 Yes Yes No Yes Partial Yes Partial
19 Yes Yes No Yes Yes Yes Yes
20 Yes Yes No Yes No Yes No
21 Yes Yes No Yes Yes Yes Yes
22 Yes Yes No Yes Partial Yes Partial
23-25 Yes Yes No Yes Yes Yes Yes
Schedule
1
Yes Yes No Yes Yes Yes Yes
Schedule
2
Yes Yes No Yes Partial Yes Partial
Schedule
3
Yes Yes No Yes Yes Yes Yes
Schedule
4-5
Yes Yes No Yes Partial Yes Partial
Part 3: Investigations of conduct causing death and other harm
26-27 Yes Yes No Yes Yes Yes Yes
28 Yes Yes No Yes Partial Yes Partial
29-38 Yes Yes No Yes Yes Yes Yes
39 Yes Yes No Yes Partial Yes Partial
40-42 Yes Yes No Yes Yes Yes Yes
43 Yes Yes No Yes Partial Yes Partial
44-47 Yes Yes No Yes Yes Yes Yes
Part 4: Inquisitorial proceedings
48-49 Yes Yes No Yes Yes Yes Yes
50 Yes Yes No Yes Partial Yes Yes

71
These Explanatory Notes relate to the Northern Ireland Troubles Bill as introduced to the House of Commons on
14 October (Bill 310).
Provision England Wales Scotland Northern Ireland
Extends to
E & W and
applies to
England?
Extends
to E & W
and
applies to
Wales?
Legislative
Consent
Motion
process
engaged?
Extends
and applies
to
Scotland?
Legislative
Consent
Motion
process
engaged?
Extends
and
applies to
Northern
Ireland?
Legislative
Consent
Motion
process
engaged?
51-55 Yes Yes No Yes Yes Yes Yes
56-58 Yes Yes No Yes Partial Yes Partial
59-60 Yes Yes No Yes Yes Yes Yes
61 Yes Yes No Yes Partial Yes Partial
62 Yes Yes No Yes Yes Yes Yes
63 Yes Yes No Yes Partial Yes Partial
64-66 Yes Yes No Yes Yes Yes Yes
Part 5: Investigations and Inquisitorial proceedings
67-69 Yes Yes No Yes Yes Yes Yes
70 Yes Yes No Yes Partial Yes Yes
71 No No No No No Yes Yes
Part 6: the ICIR
72 Yes Yes No Yes Partial Yes Partial
73-76 Yes Yes No Yes Yes Yes Yes
77 Yes Yes No Yes Partial Yes Partial
78-80 Yes Yes No Yes Yes Yes Yes
81 Yes Yes No Yes Partial Yes Partial
82 Yes Yes No Yes Yes Yes Yes
83 Yes Yes No Yes Partial Yes Partial
Part 7: Inquests
84 No No No No No Yes Partial
85 Yes Yes No Yes Partial Yes Partial
Part 8: Further provision relating to the Troubles
86-88 Yes Yes No Yes Yes Yes Yes
89-90 No No No No No Yes No
Part 9: General
91-92 Yes Yes No Yes Partial Yes Partial
93-95 Yes Yes No Yes Yes Yes Yes
96-97 Yes Yes No Yes Partial Yes Partial
98 Yes Yes No Yes Yes Yes Yes

72
Bill 310 – EN 59/1

NORTHERN IRELAND TROUBLES BILL
EXPLANATORY NOTES
These Explanatory Notes relate to the Northern Ireland Troubles Bill as brought from the House of
Commons on 14 October 2025 (Bill 310).

__________________________________________________________
Ordered by the House of Commons to be printed, 14 October 2025
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