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by Munro Research

Northern Ireland Troubles (Legacy and Reconciliation) Act 2023


Official Summary

A Bill to address the legacy of the Northern Ireland Troubles and promote reconciliation by establishing an Independent Commission for Reconciliation and Information Recovery, limiting criminal investigations, legal proceedings, inquests and police complaints, extending the prisoner release scheme in the Northern Ireland (Sentences) Act 1998, and providing for experiences to be recorded and preserved and for events to be studied and memorialised, and to provide for the validity of interim custody orders.

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Overview

The Northern Ireland Troubles (Legacy and Reconciliation) Bill aims to address the legacy of the Troubles in Northern Ireland by implementing a new system for dealing with past events, including investigations and prosecutions, while seeking reconciliation.

Description

This bill significantly alters the mechanisms for dealing with past crimes committed during the Troubles. Key amendments focus on immunity from prosecution for individuals involved, particularly those who may have committed crimes causing death. This immunity isn't absolute; it is conditional. Amendments detail these conditions. The conditions include the consent of close family members of victims, compliance with investigation requirements, and adherence to specific licence conditions (e.g., attendance at specified places, providing samples, restrictions on communication with victims' families, and restrictions on financially benefiting from past offences). The bill allows for the revocation of immunity if license conditions are breached. The specific definitions of "close family members" are also detailed in the bill.

Government Spending

The bill's impact on government spending is not explicitly stated in the provided text. Further information would be needed to assess potential costs associated with implementing the new system, including investigations, administration, and potential legal challenges.

Groups Affected

  • Victims and their families: Potentially significant impact; families of deceased individuals have a right to be consulted and can object to immunity grants. The process may be upsetting for some.
  • Individuals involved in past Troubles-related events: This bill could grant immunity from prosecution to some, depending on meeting stringent conditions.
  • Prosecutors and investigating bodies: Their roles and powers are modified by the altered legal framework. The implementation of the bill will require significant changes in their working practices.
  • The Northern Ireland justice system: The bill fundamentally changes how past crimes from the Troubles are dealt with, creating a new legal framework.

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