Commission sets out powers on information recovery and disclosure

The independent Commission has today explained in detail the powers it has to recover information for victims, survivors and their families and the powers it has to disclose the information that it obtains.

Chief Commissioner, Sir Declan Morgan said the explanation made clear the “unprecedented powers” the Commission has to compel individuals and organisations to provide the information it requires for its investigations into deaths and serious injuries caused during the Troubles.  

He also outlined the legal position for publication of that information by the independent Commission and said the Commission will seek to “publish everything we possibly can unless there is a strong reason not to, such as a risk to life”.

Information recovery

The explainer document outlines the range of powers the independent Commission has to obtain information from individuals as well as organisations. 

Not only does the independent Commission have the full range of police powers for use in its liability investigations where a referral can be made to the prosecutor, it also has additional statutory powers to obtain information from individuals and organisations. This includes a penalty of up to £5,000 in the case of an individual who fails to comply, five times the equivalent of the penalty available in Coroner’s proceedings.

And in the case of state organisations, police and armed forces, they are legally required to provide all the required information in full to the Commission and may not “redact, summarise … and cannot claim any duty of confidentiality or any other restriction to avoid providing it”.

Disclosure

The independent Commission takes its responsibility to look after personal data and sensitive information very seriously and, as with all public bodies, has measures in place to make sure this happens.

Today’s publication sets out the extent to which the Commission can publish or ‘disclose’ information to victims, families, witnesses and suspects that has been gathered during the investigative process. These powers are an important element of meeting the requirements set out by the ECHR. The Commission has a general power to disclose information as it sees fit.

The explainer also describes the role of the Secretary of State where it is proposed that national security material is disclosed. This role is on a par with Government powers in public inquiries and other similar legal processes. It also sets out the process for challenging Government decisions not to release information for both victims, survivors and family members and the Commission itself – with an important role for the Courts to ultimately determine the matter.

People and information

With the unprecedented access to information that the independent Commission has, it will seek to shed new light on the events of the Troubles/Conflict and respond to questions that victims, survivors and families have about what happened to their loved ones. The independent Commission has established a Major Incident Room (MIR) which is the central point for all incoming information and intelligence. Those staffing the MIR are enabling the organisation to review and process the significant amounts of data generated by the investigative work around cases and are part of the next important stage in supporting individuals engaging with the Commission. As the volume and complexity of the material the Commission receives increases, the Commission is increasing the number of staff working in the MIR and recruiting new roles in Belfast and London.

Chief Commissioner Sir Declan Morgan said today’s publication provided clarity around an important aspect of the Commission’s work.

“The independent Commission has the right to access all the information it considers it needs from state organisations and powers to compel witnesses to provide evidence so that it can obtain as much information as possible for its reports to victims, survivors and families. While information is in our possession, whether that is witness statements, personal data from families or national security material we must take all necessary steps to handle it responsibly and in accordance with legal obligations.

“Disclosure of the information we obtain is fundamental to the work we are doing and we will seek to publish everything that we possibly can, whilst at the same time recognising there is some information we will not be able to publish for example, due to the risk to life.

“The Commission can see and take into account in its findings all national security material. However, where the independent Commission considers it necessary, it will also propose that sensitive material is disclosed. It is important that the Secretary of State demonstrates his commitment, by setting out his policy explaining how he will exercise the powers he has to prevent national security material being disclosed.”

NOTES TO EDITORS:

• The Commission has published its Explainer on how information for investigations is obtained and disclosed here: https://icrir.independent-inquiry.uk/document/how-the-commission-shares-and-publishes-information/
• Disclosure of relevant information is an important element of meeting legal requirements of fairness and Articles 2 and 3 of the European Convention on Human Rights.
• Sensitive information is defined by the Northern Ireland Legacy (Troubles and Reconciliation) Act 2023 either:
• as information which has been supplied by a defined list of agencies, or any part of specified other bodies which engages in intelligence activities,
• or as information identified by the Commission from information it has obtained which if disclosed generally would risk prejudicing, or would prejudice, the national security interests of the United Kingdom.

• The independent Commission has established a Major Incident Room (MIR) which is the central point for all incoming information and intelligence. These staff are enabling the organisation to review and process the significant amounts of data generated by the investigative work around cases and are part of the next important stage in supporting individuals engaging with the Commission. As the volume and complexity of the material the Commission receives increases, we are increasing the number of staff we have working in the MIR. Details of the new roles are published here: Career opportunities at the ICRIR – Independent Commission for Reconciliation & Information Recovery
• 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.
• The following dedicated telephone line, operated by trained staff, and other contact routes is available for all those who wish to request an investigation:
  • Telephone: 028 9036 2093   
  • Email: Casesupport@icrir.independent-inquiry.uk   
  • Post: ICRIR, FREEPOST   
• Telephone lines are open between 10:00 and 16:00, Monday to Friday (except public holidays).  
• Anyone who would like to get involved in the Commission’s work to define its processes and principles can get in touch using our Contact page.
• For media enquiries please contact press@icrir.independent-inquiry.uk