Ten families ask ICRIR to investigate Legacy cases - and it was approached by 85 - Irish Government says new body "root and branch reform" to be effective.

 By Conor Macauley, Northern Correspondent, RTE, September 9th, 2024 08:06 

Ten families have asked Northern Ireland's new legacy body to investigate incidents which led to the death or serious injury of their loved ones during the Troubles. The Independent Commission for Reconciliation and Information Recovery (ICRIR) was established under the British government's controversial Legacy Act.

The commission now has revealed that since it became operational in May it has been approached by 85 members of the public to see whether it can investigate their cases. Ten formal requests for investigations have been made and eight are under way.

"We share the numbers of individuals and cases with their knowledge and with the clear understanding that these are not just numbers, they are loved ones, family members, victims and survivors who seek answers," the commission said.

The commission has begun publishing the cases it has accepted for investigation on its website.

One of the first is into the Guildford pub bombings in England in October 1974. Four soldiers and a civilian were killed and 65 people were injured when the IRA planted bombs in two pubs frequented by British soldiers in the Surrey town. The dead were aged between 17 and 21.

The body is led by retired judge Declan Morgan, a former lord chief justice for Northern Ireland.

He said the update "reflects the commission's values about being open and accountable, and above all the focus on delivering for those who have come to the commission seeking answers".

Mr Morgan said that all at the commission were committed to following the approach that the design framework sets out so the body meets what it has promised.

Declan Morgan said the commission faces the 'serious and important task of investigation'

"We are now at a stage where people have come forward and put their trust in the commission to take their requests forward. We will now do so in line with our values and core principles," he said.

"We are moving into the next phase of our work as the serious and important task of investigation begins.

"In doing this we must meet the commitments that we have made to each person who comes to us, through our open and published policies, and through our trauma and resiliency informed model."

It is estimated that there around 1,000 unsolved murders linked to the Troubles and many more serious injury cases.

The act was introduced by the previous Tory administration.

It ended all existing investigations, cut off access to the criminal and civil courts and guillotined Troubles' era inquests. It instead offered an information recovery model for those who approached the commission.

The prospect of any criminal convictions from the new system was described by a senior commission official as "vanishingly small".

Nationalists claimed the law's true intention was to protect British army veterans from prosecution for controversial state killings over the decades. A proposed amnesty for paramilitaries in return for providing information as part of a truth recovery process was also deeply unpopular.

Opponents of the commission claim it was shutting down access to justice.

Families of those killed and seriously injured said it did not hold out the prospect of real justice.

The legislation was roundly opposed by victims' groups, politicians in Northern Ireland and the Irish Government.

The new Labour government, which took over after July's UK general election, promised to repeal and replace it.

It has already announced it will reinstate access to the courts and will not appeal a court ruling that the amnesty clause breaches international law.

Campaigners have raised concerns about the independence of the ICRIR and some have called for it to be replaced as part of any new legacy arrangements.

A Belfast court ruled earlier this year that it was capable of carrying out effective investigations that complied with the European Convention of Human Rights.

But the Irish Government has said the commission needs "root and branch reform".

Tanáiste Micheál Martin, speaking at the British Irish Association Conference in Oxford at the weekend, welcomed the approach of Northern Secretary Hilary Benn to the legacy issue, but said more was required to address public confidence.

"The genesis of the commission means that, understandably, many victims, survivors and families have deep reservations.

"Addressing such reservations will mean tackling fundamental questions in relation to the independence of the Independent Commission for Reconciliation and Information Recovery, and its ability to carry out robust and thorough investigations.

"That will require significant effort - and, I believe, root and branch reform."

Speaking at the same event, Mr Benn said he was committed to working with the Irish Government to "strengthen the commission".

"Because there is more we can do to address concerns about the commission's independence. To strengthen its powers. And to ensure there is the capacity for effective cooperation with the gardaí over investigations."

Mr Benn is currently consulting with victims' groups about a replacement for the Legacy Act.

A case taken by the Irish Government to the European Court of Human Rights over the UK's legislation remains live.

Prior to its enactment, anyone found guilty of pre-1998 Troubles offences could be sent to jail for a maximum of two years under the terms of the Good Friday Agreement.

Commission publishes Accountability Update -

Published: 9 September 2024

The Independent Commission for Reconciliation and Information has today announced it has registered 85 enquiries from victims, survivors and families about the possibility of an investigation into their injury or the death of a loved one.

Even before a request is formally made or accepted, the Commission’s trauma and resiliency informed design means that a Case Support Worker spends time answering questions about the investigation process and what the Commission can and cannot do.

Some initial exploratory work may be undertaken to better understand the potential investigation, and individuals are given the time, understanding and space to make their own decisions about whether and when they want to formally request an investigation.

The independent Commission has also confirmed that of those enquiries, eight have now been accepted for investigation and are in the Information Recovery stage.

Details on the number of enquiries the Commission has received since 1 May when it assumed powers to accept requests are contained in an update published today.

Chief Commissioner Sir Declan Morgan said today’s update reflects the Commission’s values about being open and accountable, and above all the focus on delivering for those who have come to the Commission seeking answers.

Sir Declan said that all at the Commission were committed to following the approach that the Commission’s Design Framework sets out so that the Commission met what it had promised. This was the start of earning the trust of those who had come to the Commission.

“We are now at a stage where people have come forward and put their trust in the Commission to take their requests forward. We will now do so in line with our values and core principles, “ he said.

“We are moving into the next phase of our work as the serious and important task of investigation begins.

“In doing this we must meet the commitments that we have made to each person who comes to us, through our open and published policies, and through our trauma and resiliency informed model.”

Commissioner for Investigations Peter Sheridan said the publication of today’s update underlined the importance of maintaining the focus on “people not numbers”.

“Many of the individuals and families that the Commission will meet will have experienced harm and suffering and may have waited many years to find out more about what they and their loved ones went through.

“We recognise the seriousness of the work that we are undertaking and understand that how we do things is as important as what we do.

The Accountability update published today also sets out developments in a number of key areas including:

Independence

The report sets out the Commission’s commitment to publish an annual assessment in relation to the level of independence it has.  To date the Commission does not consider there have been any challenges to its independence from all other bodies including the UK government and the Northern Ireland Executive.  However, the Commission’s ability to publicly raise concerns is considered vital in terms of being able to challenge any issues around independence and to call for a strengthening of that independence if required.

Organisational capability

The Commission has worked hard to ensure the foundations are in place to enable us to carry out our work effectively. This has included the establishment of the Board, embedding good governance and consulting on how the Commission should take forward its work.

Skilled and trained staff are essential for the Commission to deliver its objectives. Recruitment principles have been adopted from the start and are now published here: ICRIR Recruitment Principles – Independent Commission for Reconciliation & Information Recovery. And with the unprecedented access to information the Commission has, there are regular recruitment rounds to build a cohort of qualified skilled investigators available when the Commission is taking on new or additional cases, with 120 posts being recruited to or already filled.

Notes to Editors:

The Commission has published its ICRIR Accountability Update 1 May – 31 August 2024 – Independent Commission for Reconciliation & Information Recovery.

The Commission has also publish details of live investigations in information recovery on its website Live investigations in information recovery – Independent Commission for Reconciliation & Information Recovery (icrir.independent-inquiry.uk).

On 9 July 2024, the Commission published The Operational Design Framework. The framework sets out what can be expected from the Commission, from initial contact through to the publication of a findings report, and signposts to specific Commission policies. The framework is published here: ICRIR The Operational Design Framework – Independent Commission for Reconciliation & Information Recovery.