Northern Ireland Office written question – answered at on 1 December 2025.
Julian Lewis
Chair, Intelligence and Security Committee of Parliament
To ask the Secretary of State for Northern Ireland, pursuant to the Answer of 24 November 2025 to Question 92498 on Terrorism: Northern Ireland, what the evidential basis is that removing immunity from prosecution of perpetrators of crimes during the Troubles will increase the likelihood of them giving testimony on unsolved murders of which they have knowledge; and what assessment he has made of the compatibility of (a) information disclosed by individuals to the ICIR being inadmissible in criminal and civil proceedings with (b) the work of the ICIR not impinging on criminal investigations.
Hilary Benn
The Secretary of State for Northern Ireland
The Government has not removed the prospect of immunity from prosecution for any individual. The provisions in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 were found to be incompatible with our human rights obligations and never commenced. I refer the Honourable gentleman to my answer of 24 November 2025 pursuant to Question 92498.
Regarding the Independent Commission on Information Retrieval, Clause 72(5)(c) of the Troubles Bill is clear that it must not do anything which would risk having, or would have, a prejudicial effect on any actual or prospective legal proceedings in any part of the United Kingdom or Ireland.
This is supported by clause 75, which ensures that the ICIR cannot accept a request in relation to a case where an investigation is required for the purposes of ECHR compatibility, or where the Legacy Commission is conducting a criminal investigation. If the ICIR accepts a request, but that case is subsequently subject to a criminal investigation by the Legacy Commission, the ICIR must cease exercising its functions in relation to that case.
This approach to ‘sequencing’ between the Legacy Commission and the ICIR will ensure that the discharge of our ECHR obligations and the conduct of criminal investigations will not be prejudiced by the information retrieval process available through the ICIR.
In any case, the inadmissibility provisions attached to the ICIR relate only to information provided to it. It does not confer immunity on any individual. That means that, while information provided to the ICIR cannot be used in criminal and civil proceedings, individuals to which that information relates can still be subject to legal proceedings should evidence be obtained via other means.
Yes1 person thinks so
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