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Commission sets out powers to compel witnesses

Published:

The powers of the Commission to compel people to provide information have been set out in detail today. 

The Commission outlined its powers under Section 14 of the Legacy Act which reflect those in the Inquiries Act and include potential financial penalties for failure to comply.   

In addition, the Commission has published a “Charter of Commitments” outlining the duty of care the Commission will use in relation to those who have been asked to provide information. 

The Commissioner for Investigations, Peter Sheridan, said the Commission will seek to interview witnesses as volunteers in the first instance and the standards in the Witness Charter set out what individuals can expect.  

“The ICRIR is determined to tell the unvarnished truth about what happened to those killed or seriously injured in the Troubles/Conflict,” he said. 

“These powers mean we can compel people to provide us with the information we consider essential to our investigations on behalf of victims, survivors and families. 

“The Commission recognises that being asked to be a witness may be difficult and that is why we’ve also set out the standards of care witnesses have the right to expect in our Charter of Commitments.” 

The Commissioner for Investigations added: 

“Both documents reflect the importance of the recovery of information to the work we do and underline our commitment to establishing a reliable and accurate account of what took place for victims, survivors and families.” 

Section 14

The powers contained under Section 14 include: 

  • Powers to compel the attendance of any person to provide information, documents or evidence in the form of a written statement.  
  • If a person does not comply, without good reason, they can be fined up to £5,000. 
  • It is a criminal offence, punishable by imprisonment to distort or suppress any evidence or document that is provided under a S14 notice or to intentionally suppress, conceal, alter or destroy any document that is relevant to the request.  

Charter of Commitments to witnesses

Under the Charter the Commission makes the following commitments: 

  • To recognise that being asked to be a witness may be difficult and being asked to recall violent events from the past can have an impact and to seek, wherever possible, to minimise any impact on the witness.  
  • To set out standards of care witnesses have the right to expect from the Commission.  
  • To refer witnesses for independent emotional support if requested.   

NOTES TO EDITORS: 

The Commission published its Approach to Section 14 Notices and Compliance – Public Policy Statement on its website here: ICRIR Approach to Section 14 Notices and Compliance – Public Policy Statement – Independent Commission for Reconciliation & Information Recovery 

The Commission published its Charter of Commitments to witnesses here: ICRIR Charter of Commitments to witnesses – 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 lines are open between 10:00 and 16:00, Monday to Friday (apart from public holidays).   

For media enquiries please contact press@icrir.independent-inquiry.uk.