ICRIR sets out Enhanced Inquisitorial Proceedings and transitional measures for completing inquests at advanced stage

From 1 May 2024, the Commission takes on the remit to investigate cases of serious harm or death related to the Troubles/Conflict. From this date, bereaved families, victims and survivors, and certain public authorities, may request that the Commission carries out an investigation. As part of its investigations, the Commission may apply a mechanism to test evidence called Enhanced Inquisitorial Proceedings, referred to as EIP.

Where coroners have not been able to complete inquests before 1 May, bereaved families will be able to request that the Commission continues the investigation into the death of their loved ones after this date. To avoid unnecessary delay, such cases will move immediately into the Commission’s Enhanced Inquisitorial Proceedings (EIP).

An inquest is defined as being at an advanced stage if, on 1 May 2024:

• It was assigned to a coroner.
• The coroner had determined the scope of the inquest.
• The coroner had identified the Properly Interested Persons.
• Disclosure to Properly Interested Persons by the coroner was underway.
• The coroner had heard oral evidence.

During any investigation by the Commission into a Troubles/Conflict-related death or other harmful conduct, it may become clear that some evidence requires further testing in order for the Chief Commissioner to make their findings. If criteria are met, this will be undertaken through the Enhanced Inquisitorial Proceedings.

The Commission will decide what information needs to be tested through EIP, and whether any witnesses should be required to attend and give oral information and be questioned to help determine the truth. The EIP may take place as part of a public hearing – depending on the sensitivity of information, and questions may be asked on behalf of bereaved families.

The Chief Commissioner will take the same approach as a coroner in inquests and be able to reach findings on the balance of probabilities.

ICRIR Chief Commissioner Sir Declan Morgan, said:

“It is important that we provide a thorough investigation of all the circumstances and the Enhanced Inquisitorial Proceedings will allow evidence to be tested, through questioning and public hearings, which will be necessary in some cases.”

“Having worked hard to put in place the legacy inquests plan, I understand the value that thorough inquisitorial proceedings can bring and I want the Commission to be able to offer everyone the same opportunity to establish the facts of their case.”

More information about the Enhanced Inquisitorial Proceedings can be found on the ICRIR website here: Operational Policy Enhanced Inquisitorial Proceedings – Independent Commission for Reconciliation & Information Recovery (icrir.independent-inquiry.uk)

The Commission is open to feedback and comments on these documents so that it can continue to improve how it will operate. All responses should be submitted by email to ICRIR Engagement Team engagementteam@icrir.independent-inquiry.uk or by post to Freepost ICRIR.

Notes to Editors:

• The Commission has published an accessible summary of EIP here: Enhanced Inquisitorial Proceedings: A brief explanation – Independent Commission for Reconciliation & Information Recovery (icrir.independent-inquiry.uk)
• A technical briefing about the Enhanced Inquisitorial Proceedings can be found here: Operational Policy Enhanced Inquisitorial Proceedings – Independent Commission for Reconciliation & Information Recovery (icrir.independent-inquiry.uk)
• Feedback and comments on the documents is important to the Commission so that it can continue to improve how it operates. All responses should be submitted by email to the ICRIR Engagement Team engagementteam@icrir.independent-inquiry.uk or by post to Freepost ICRIR.
• In addition to the transitional measures for legacy inquests that are at an advanced stage, if the investigation meets the following criteria, the EIP may also be used:
  • There is significant evidence that is contradictory, incomplete or contested, and
  • there is a need to question those who have given information so the Chief Commissioner can determine findings on the balance of probabilities.
  • There is a need to question those who have given information to assess their credibility. This is likely to arise if other witnesses have given contradictory oral evidence about the same event.
• In his judgment in February at the High Court of Northern Ireland Mr Justice Adrian Colton said: “Having considered the disclosure powers of the Commission and the obligations of the state, in particular, it seems to me this is article 2/3 compliant and, an improvement on the situation in relation to inquests.  Indeed, it has been limitations in terms of disclosure issues which have been the primary reason for delays in the conduct of inquests.”
• The Commission is engaged in a number of public consultation exercises to ensure people have the chance to input to its operational processes. You can access and respond to these consultations via the Commission’s website.
• Anyone who would like to get involved in the Commission’s work to define its processes and principles can also email us at our Contact page to be added to our mailing list for updates.