To ask the Minister of Justice for her assessment of the impact the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 will have on her Department.

Mrs Long

The Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 will end investigations by the PSNI or the Police Ombudsman as well as inquests that are not yet at the final determination stage in respect of Troubles-related incidents. The Act also prevents new civil claims from being brought forward from 17 May 2023. Instead, the Independent Commission for Reconciliation and Information Recovery (ICRIR) will review deaths and/or other harmful conduct during the Troubles period. There continues to be considerable legal uncertainty around the new arrangements following the judgement handed down by the High Court on 28 February, which is being appealed by the UK Government. The judgement included declarations that a number of the Act's provisions, including those relating to immunity from prosecution, are incompatible with the European Convention on Human Rights and should be disapplied. It also concluded that the ICRIR is capable of carrying out investigations that are compliant with articles 2 and 3 convention rights. The Secretary of State for Northern Ireland has said that he remains committed to implementing the new commission. However, there remains a lack of clarity on what the operating model for the new commission will be; how it will interface with justice organisations; what the costs associated with that work will be; and how those costs will be funded. Therefore, I have written to the Secretary of State for Northern Ireland seeking confirmation, as a matter of urgency, of the costs that may arise, especially for the 2024-25 financial year and the funding arrangements for them. I have also made him aware that, while the Act will shut down a number of investigations and future civil claims, there will be a continuing resource burden on justice organisations in relation to remaining legacy cases not caught by the Act's provisions, including inquests and other investigations that fall outside of the time frame of the Act, as well as several hundred civil cases that predate the legislation. There are therefore likely to be additional costs for justice originations for as long as they are expected to service the commission and continue to deal with outstanding legacy cases. It remains a matter of real regret to me —

Madam Principal Deputy Speaker

Minister.

Mrs Long

— that the legislation passed in Westminster. It has caused huge problems for the justice system.

Mrs Long

Currently, there is limited information available on how the ICRIR will deliver its role, so it is difficult to know what the costs associated with DOJ matters will be. There may be additional costs for justice organisations in servicing the ICRIR and dealing with matters that are not caught by the Act's provisions, but there is also the wider issue of being able to handle the data and other sensitive issues that would need to be passed across to the ICRIR so that it can take forward its investigations. The legacy Act was not supported by Executive parties. It remains a UK Government policy change, so the costs associated with the outworking of that policy should, I believe, fall to other than the Executive.

Mr McGlone

Gabhaim buíochas leis an Aire.

In regard to the recent use or, I should say, abuse of public interest immunity (PII) certificates to frustrate the inquest process, particularly the inquest into the murder of Sean Brown, will the Minister endorse the comments by Mr Justice Kinney on the establishment of a public inquiry into his murder?

Mrs Long

The issue of PII certificates is not a matter for the Department of Justice; they lie within the reserved domain of security. However, I believe that there will be many families, as a result of the legacy Act or other issues that have arisen in recent weeks, who will not be able to get the inquest that they wished and expected. Those families deserve to be treated with more respect and dignity than is currently the case. They should be able to access truth and justice in their cases.

Mr Beattie

I thank the Minister. Minister, in dealing with wider legacy issues, have you written to your counterpart in the Irish Government expressing your disappointment that they will not hold an independent inquiry into the Omagh bombing?

Mrs Long

I have not written to my Irish counterpart on that matter. I was due to meet her a number of weeks ago, but, unfortunately, that meeting could not take place. I hope to be able to raise it with her when I next meet her.