Legacy Act: Q&A for Veterans
Quote from fpeall on December 16, 2024, 2:03 pmLegacy Act: Q&A for Veterans
How will the Ministry of Defence (MOD) be supporting veterans?
The Government recognises the dedicated service of the vast majority of members of the armed forces who did so much to keep people in Northern Ireland safe during the Troubles.
The MOD remains committed to supporting veterans through all historical investigations into military involvement in Northern Ireland. Ministers have been clear that veterans should continue to receive at least the same level of support as under the previous system. The MOD, the Army, through the Army Operational Legacy Branch (AOLB), and Regimental Associations will continue to provide pastoral and practical support, including legal advice where appropriate.
What did the Secretary of State for Northern Ireland announce on 4 Dec?
The Secretary of State for Northern Ireland (SoSNI) made an oral statement on 4 Dec 24 on the Government’s plans to amend the Legacy Act. He announced the laying of a “Remedial Order” to remove from the statute book certain provisions of the Legacy Act that were incompatible with the European Convention on Human Rights.
These provisions include the offer of conditional immunity to those cooperating with the ICRIR and the prohibition on civil claims. SoSNI also announced that the Government would introduce primary legislation in order to allow inquests previously halted by the Legacy Act to proceed. In addition to this, SoSNI is launching an appeal to the Supreme Court on the Court of Appeal’s findings on disclosure and on family involvement in ICRIR investigations, as these have wider implications reaching beyond Northern Ireland legacy.
What does the announcement mean for veterans?
This means that, as previously announced, the ICRIR will no longer be able to offer conditional immunity to those cooperating with its investigations, including veterans. ICRIR will continue to be the main body for investigating Troubles-era cases. Any veteran who needs to go through ICRIR will receive welfare, and, where appropriate legal support.
Why has the provision for conditional immunity been removed?
The conditional immunity provision previously included in the Northern Ireland Troubles (Legacy and Reconciliation) Act has been found incompatible with the Human Rights Act. In line with the Government’s absolute commitment to the Human Rights Act, these conditional immunity provisions have been removed and will no longer apply in ICRIR’s investigations. While conscious that this may cause alarm, MOD remains committed to supporting veterans to assist in the information recovery process. We expect very few investigations conducted by ICRIR to result in a referral for prosecution.
Why has the Government announced these changes?
The steps outlined in the Secretary of State for Northern Ireland’s oral statement will allow the Government to fulfil its promise to repeal and replace the Legacy Act, and to implement mechanisms that are human rights compliant and can command public confidence. The Government considers that the approach taken by the previous administration was wrong. It was found to be unlawful and was opposed by many, including families who lost relatives whilst serving the State in Northern Ireland. Any veteran - including those who served during the Troubles - who needs to go through legal proceedings will receive welfare and, where appropriate, legal support.
Why is the Government appealing the Court of Appeal’s findings?
The Court of Appeal’s findings in relation to disclosure and effective next of kin participation raise issues that could reach far beyond the scope of the Legacy Act, including on the State’s ability to keep people safe. On disclosure, the primacy of the Executive in decisions relating to the security of the State is a principle long recognised by the UK Courts and is a crucial element of the State’s ability to keep people safe. For this reason, the government will appeal the Court’s specific finding regarding the Secretary of State’s power to preclude the disclosure of sensitive information in circumstances where such disclosure would prejudice the national security interests of the United Kingdom.
Will inquests restart?
Yes. On 4 Dec 24 the Secretary of State for Northern Ireland announced that primary legislation will be introduced in order to allow inquests previously halted by the Legacy Act to proceed.
When will inquests restart?
The primary legislation, which will allow for inquests to restart, will be introduced as soon as parliamentary time allows. The exact timings for the introduction of legislation will depend on both parliamentary timetabling and the important engagement process that the Government will undertake with all parties to help determine what provisions should be included in that legislation. DJEP will keep veterans updated on this as it develops.
But ICRIR is still in place?
Yes. Although the government has committed to repealing and replacing the Act, ICRIR is still in place to investigate Troubles cases. The Court of Appeal recognised the ICRIR’s powers to access information for families and its independence from government. The government is committed to reforming ICRIR further to strengthen its powers and independence. Veterans will be supported if asked to participate in ICRIR investigations with welfare support, and legal support where appropriate.
How will the ICRIR process work?
ICRIR may carry out three types of investigation: focused, culpability, and liability. All investigation types aim to address the questions of requesting individuals. Focused investigations are narrow in scope with limited new investigation taking place, while culpability investigations will be more complex but will conclude on a balance of probability. In contrast, liability investigations will seek to establish all the circumstances of the death, or other harmful conduct, and would be capable of leading to a referral for prosecution.
How will the ICRIR investigate cases?
The ICRIR has said it will undertake its work in a three-stage process: first, the ICRIR will support victims and their families seeking answers; second, investigating officers will seek to recover information; third, and finally, a report will be written providing the investigation’s findings. As the investigation nears its conclusion, the Commissioner for Investigations and team will present their evidence to the Chief Commissioner who will assess and evaluate it to determine findings. The MOD continues to work with ICRIR in the implementation of this process.
Will the ICRIR be able to investigate historic cases that have already been investigated?
Yes, it can if deemed necessary. However, the Legacy Act provides that the Commissioner for Investigations must ensure that the ICRIR does not do anything which duplicates any aspect of a previous investigation unless, in the ICRIR’s view, the duplication is necessary, for example if the previous investigation was undertaken in a way non-compliant with Article 2 ECHR. The ICRIR will need to determine what type of review will be appropriate or necessary in different circumstances. The ICRIR will aim to avoid duplication and avoid unnecessary trauma of reinvestigating.
If I am invited as witness, what can I expect?
The Commission will invite persons who witnessed incidents that are the subject of a review by the ICRIR to provide information voluntarily. In addition, Section 14 of the Legacy Act gives the Commissioner for Investigations powers to require persons to provide information. ICRIR can impose a fine up to £5,000 for anyone who does not comply. The Ministry of Defence can provide pastoral support and, if required, legal advice to any veteran who receives a notice under Section 14. You should contact your Regimental Association or the Army Operational Legacy Branch to find out how to access this support.
Do I have to participate when asked by the Commission?
We encourage all current and former personnel to cooperate fully with the Commission. Under the Legacy Act, the ICRIR can impose a fine of £5,000 on any person who does not cooperate. We will support serving and former members of the armed forces who engage with the Commission with pastoral support and guidance, including legal advice where appropriate.
If I am contacted by the ICRIR does that mean I am a suspect in a criminal investigation?
As a witness, no. The ICRIR process seeks to answer questions about an incident. However, where the ICRIR undertakes a ‘liability investigation’, that investigation could, should sufficient evidence be uncovered, be capable of leading to a referral for prosecution. The ICRIR should explain very clearly on what basis it is seeking information. We will support veterans asked to cooperate with the Commission.
Will I have to attend or give evidence in Court?
Under Section 14 of the Legacy Act, anyone called as a witness or suspect is compelled to cooperate. Evidence collection may be by interview or, in some cases, at a public hearing. This process of evidence collection can include the review of previous evidence or providing new witness statements. This will very much depend on the case and the specific approach taken by the investigating officer. MOD is committed to offer welfare support and legal advice where appropriate.
I have already given evidence in a case; will I be called again to do so?
The Legacy Act provides that the Commissioner for Investigations must ensure that the ICRIR does not do anything which duplicates any aspect of a previous investigation unless, in the ICRIR’s view, the duplication is necessary. However, the ICRIR may review material from historical investigations. If new lines of inquiry are identified, it is possible that former witnesses may be asked to provide new evidence or clarify past evidence. The ICRIR will aim to avoid duplication and avoid unnecessary trauma of reinvestigating.
How will I be informed of the investigation and outcome?
ICRIR have stated that they will be able to provide victims, families, witnesses, and suspects with specific information that has been obtained during the investigation where it is judged to be in the interests of fairness or important in enabling participation in the process. Disclosure of information during the process will be shared with requestors, Next of Kin, witnesses so that they can provide further assistance to the Commission, suspects who need to understand facts of the case and/or evidence relating to conduct, and those facing criticism by the Commission. ICRIR will ensure that information shared is in line with national security considerations. ICRIR is still working on the detail of how it will engage with those invited to provide information to the Commission of the outcome. We will keep the veteran community informed of the ICRIR process as we learn more.
Further information will be available on the ICRIR website:
Contact us – Independent Commission for Reconciliation & Information Recovery (icrir.independent-inquiry.uk)
When will the new Northern Ireland Veterans’ Commissioner be appointed?
The recruitment process for a new Northern Ireland Veterans’ Commissioner was launched on 16 October and closed on 1 November 2024. The government announced its intent to announce a new Commissioner before the end of 2024.
Legacy Act: Q&A for Veterans
How will the Ministry of Defence (MOD) be supporting veterans?
The Government recognises the dedicated service of the vast majority of members of the armed forces who did so much to keep people in Northern Ireland safe during the Troubles.
The MOD remains committed to supporting veterans through all historical investigations into military involvement in Northern Ireland. Ministers have been clear that veterans should continue to receive at least the same level of support as under the previous system. The MOD, the Army, through the Army Operational Legacy Branch (AOLB), and Regimental Associations will continue to provide pastoral and practical support, including legal advice where appropriate.
What did the Secretary of State for Northern Ireland announce on 4 Dec?
The Secretary of State for Northern Ireland (SoSNI) made an oral statement on 4 Dec 24 on the Government’s plans to amend the Legacy Act. He announced the laying of a “Remedial Order” to remove from the statute book certain provisions of the Legacy Act that were incompatible with the European Convention on Human Rights.
These provisions include the offer of conditional immunity to those cooperating with the ICRIR and the prohibition on civil claims. SoSNI also announced that the Government would introduce primary legislation in order to allow inquests previously halted by the Legacy Act to proceed. In addition to this, SoSNI is launching an appeal to the Supreme Court on the Court of Appeal’s findings on disclosure and on family involvement in ICRIR investigations, as these have wider implications reaching beyond Northern Ireland legacy.
What does the announcement mean for veterans?
This means that, as previously announced, the ICRIR will no longer be able to offer conditional immunity to those cooperating with its investigations, including veterans. ICRIR will continue to be the main body for investigating Troubles-era cases. Any veteran who needs to go through ICRIR will receive welfare, and, where appropriate legal support.
Why has the provision for conditional immunity been removed?
The conditional immunity provision previously included in the Northern Ireland Troubles (Legacy and Reconciliation) Act has been found incompatible with the Human Rights Act. In line with the Government’s absolute commitment to the Human Rights Act, these conditional immunity provisions have been removed and will no longer apply in ICRIR’s investigations. While conscious that this may cause alarm, MOD remains committed to supporting veterans to assist in the information recovery process. We expect very few investigations conducted by ICRIR to result in a referral for prosecution.
Why has the Government announced these changes?
The steps outlined in the Secretary of State for Northern Ireland’s oral statement will allow the Government to fulfil its promise to repeal and replace the Legacy Act, and to implement mechanisms that are human rights compliant and can command public confidence. The Government considers that the approach taken by the previous administration was wrong. It was found to be unlawful and was opposed by many, including families who lost relatives whilst serving the State in Northern Ireland. Any veteran - including those who served during the Troubles - who needs to go through legal proceedings will receive welfare and, where appropriate, legal support.
Why is the Government appealing the Court of Appeal’s findings?
The Court of Appeal’s findings in relation to disclosure and effective next of kin participation raise issues that could reach far beyond the scope of the Legacy Act, including on the State’s ability to keep people safe. On disclosure, the primacy of the Executive in decisions relating to the security of the State is a principle long recognised by the UK Courts and is a crucial element of the State’s ability to keep people safe. For this reason, the government will appeal the Court’s specific finding regarding the Secretary of State’s power to preclude the disclosure of sensitive information in circumstances where such disclosure would prejudice the national security interests of the United Kingdom.
Will inquests restart?
Yes. On 4 Dec 24 the Secretary of State for Northern Ireland announced that primary legislation will be introduced in order to allow inquests previously halted by the Legacy Act to proceed.
When will inquests restart?
The primary legislation, which will allow for inquests to restart, will be introduced as soon as parliamentary time allows. The exact timings for the introduction of legislation will depend on both parliamentary timetabling and the important engagement process that the Government will undertake with all parties to help determine what provisions should be included in that legislation. DJEP will keep veterans updated on this as it develops.
But ICRIR is still in place?
Yes. Although the government has committed to repealing and replacing the Act, ICRIR is still in place to investigate Troubles cases. The Court of Appeal recognised the ICRIR’s powers to access information for families and its independence from government. The government is committed to reforming ICRIR further to strengthen its powers and independence. Veterans will be supported if asked to participate in ICRIR investigations with welfare support, and legal support where appropriate.
How will the ICRIR process work?
ICRIR may carry out three types of investigation: focused, culpability, and liability. All investigation types aim to address the questions of requesting individuals. Focused investigations are narrow in scope with limited new investigation taking place, while culpability investigations will be more complex but will conclude on a balance of probability. In contrast, liability investigations will seek to establish all the circumstances of the death, or other harmful conduct, and would be capable of leading to a referral for prosecution.
How will the ICRIR investigate cases?
The ICRIR has said it will undertake its work in a three-stage process: first, the ICRIR will support victims and their families seeking answers; second, investigating officers will seek to recover information; third, and finally, a report will be written providing the investigation’s findings. As the investigation nears its conclusion, the Commissioner for Investigations and team will present their evidence to the Chief Commissioner who will assess and evaluate it to determine findings. The MOD continues to work with ICRIR in the implementation of this process.
Will the ICRIR be able to investigate historic cases that have already been investigated?
Yes, it can if deemed necessary. However, the Legacy Act provides that the Commissioner for Investigations must ensure that the ICRIR does not do anything which duplicates any aspect of a previous investigation unless, in the ICRIR’s view, the duplication is necessary, for example if the previous investigation was undertaken in a way non-compliant with Article 2 ECHR. The ICRIR will need to determine what type of review will be appropriate or necessary in different circumstances. The ICRIR will aim to avoid duplication and avoid unnecessary trauma of reinvestigating.
If I am invited as witness, what can I expect?
The Commission will invite persons who witnessed incidents that are the subject of a review by the ICRIR to provide information voluntarily. In addition, Section 14 of the Legacy Act gives the Commissioner for Investigations powers to require persons to provide information. ICRIR can impose a fine up to £5,000 for anyone who does not comply. The Ministry of Defence can provide pastoral support and, if required, legal advice to any veteran who receives a notice under Section 14. You should contact your Regimental Association or the Army Operational Legacy Branch to find out how to access this support.
Do I have to participate when asked by the Commission?
We encourage all current and former personnel to cooperate fully with the Commission. Under the Legacy Act, the ICRIR can impose a fine of £5,000 on any person who does not cooperate. We will support serving and former members of the armed forces who engage with the Commission with pastoral support and guidance, including legal advice where appropriate.
If I am contacted by the ICRIR does that mean I am a suspect in a criminal investigation?
As a witness, no. The ICRIR process seeks to answer questions about an incident. However, where the ICRIR undertakes a ‘liability investigation’, that investigation could, should sufficient evidence be uncovered, be capable of leading to a referral for prosecution. The ICRIR should explain very clearly on what basis it is seeking information. We will support veterans asked to cooperate with the Commission.
Will I have to attend or give evidence in Court?
Under Section 14 of the Legacy Act, anyone called as a witness or suspect is compelled to cooperate. Evidence collection may be by interview or, in some cases, at a public hearing. This process of evidence collection can include the review of previous evidence or providing new witness statements. This will very much depend on the case and the specific approach taken by the investigating officer. MOD is committed to offer welfare support and legal advice where appropriate.
I have already given evidence in a case; will I be called again to do so?
The Legacy Act provides that the Commissioner for Investigations must ensure that the ICRIR does not do anything which duplicates any aspect of a previous investigation unless, in the ICRIR’s view, the duplication is necessary. However, the ICRIR may review material from historical investigations. If new lines of inquiry are identified, it is possible that former witnesses may be asked to provide new evidence or clarify past evidence. The ICRIR will aim to avoid duplication and avoid unnecessary trauma of reinvestigating.
How will I be informed of the investigation and outcome?
ICRIR have stated that they will be able to provide victims, families, witnesses, and suspects with specific information that has been obtained during the investigation where it is judged to be in the interests of fairness or important in enabling participation in the process. Disclosure of information during the process will be shared with requestors, Next of Kin, witnesses so that they can provide further assistance to the Commission, suspects who need to understand facts of the case and/or evidence relating to conduct, and those facing criticism by the Commission. ICRIR will ensure that information shared is in line with national security considerations. ICRIR is still working on the detail of how it will engage with those invited to provide information to the Commission of the outcome. We will keep the veteran community informed of the ICRIR process as we learn more.
Further information will be available on the ICRIR website:
Contact us – Independent Commission for Reconciliation & Information Recovery (icrir.independent-inquiry.uk)
When will the new Northern Ireland Veterans’ Commissioner be appointed?
The recruitment process for a new Northern Ireland Veterans’ Commissioner was launched on 16 October and closed on 1 November 2024. The government announced its intent to announce a new Commissioner before the end of 2024.