Question to the Northern Ireland Office:

To ask the Secretary of State for Northern Ireland, what assessment he has made of the potential impact of repealing the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 on the number of legacy inquests expected to resume.

The Troubles Bill will allow a small number of inquests that were in progress but halted by the Legacy Act to continue via the coronial system in the first instance. If, subsequently, evidence is withheld from an inquest on the grounds of public interest immunity and the relevant coroner determines that it is not viable to properly conclude an inquest without that information, the coroner will transfer the case to the Legacy Commission’s inquisitorial proceedings.

Inquests that had not started will be subject to an assessment by the Solicitor General, who will independently consider whether an inquest is appropriate, or whether the case should be referred to the Commission’s Inquisitorial Proceedings. For cases involving relevant sensitive information there will be a statutory presumption in favour of the Legacy Commission.

This is a fair approach that allows those inquests that were in progress, and in some cases very advanced, an opportunity to conclude, while recognising the significant role that the Legacy Commission can play in achieving outcomes for families, particularly given its greater capacity to handle and consider sensitive information.