Changes needed to British Govt's new legacy laws - report

The British government's proposed new legacy laws grant it extensive authority over the public disclosure of sensitive information, a situation that must be rectified, according to a recent report. If left unchanged, this could undermine the public's trust in the new arrangements. This recommendation is among several suggested by Westminster's Joint Committee on Human Rights during its review of the Northern Ireland Troubles Bill.

The committee, comprising members of both the Lords and Commons, argues that the bill should be altered to enable a judicial figure, rather than the Northern Secretary, to make decisions on disclosing sensitive information to families. The existing legislation permits the Northern Secretary to wield a veto over disclosures claiming to be in the name of national security, including matters concerning state agents' involvement in murders and other crimes.

The report suggests that retaining this power could breed mistrust in the British government's intentions. The committee recommends that the disclosure power be transferred to judicial figures within the Legacy Commission, entrusted with future investigations. The Northern Secretary should retain the ability to contest any disclosure decision they deem necessary.

These judicial figures should be appointed by an independent panel to ensure their public confidence in their impartiality. Disclosure has been a central point of contention in discussions surrounding the new legacy arrangements for Northern Ireland. The proposed bill is currently progressing through Westminster. The UK government has announced it will propose several amendments to the bill in the near future, including enhanced protections for British Army veterans.

The report acknowledges that veterans have genuine concerns about the Troubles legacy process, but insists that allegations of lethal wrongdoing must be open to investigation. The report recommends that the UK government amend the legislation to require the UK Attorney General's consent for prosecuting future Troubles-related cases.

This could provide an additional layer of assurance regarding accountability in this sensitive area. The report proposes several other modifications, such as extending the restriction on who can request the Legacy Commission to conduct an investigation to include wider next of kin. It also calls for greater clarity regarding future funding.