Sir, – Last Friday in Belfast, the Northern Ireland Appeal Court ruled on the independence of the Independent Commission for Reconciliation and Information Recovery (ICRIR), and the effectiveness of the legislation operated by ICRIR.
Firstly, the appeal court clearly and unequivocally declared that the ICRIR is an appropriately independent public authority, both operationally and organisationally, endorsing Mr Justice Colton’s previous High Court judgment in that regard.
Secondly, the appeal court endorsed the ability of the ICRIR to require production of all information necessary to deliver effective investigations for victims, survivors and families in the following terms: “In alignment with the trial judge, we recognise the wide powers of ICRIR and the benefit of having investigations placed within one body which is well-resourced and committed to providing outcomes within a reasonable time frame. We further note that the ICRIR has unfettered access to all information, documents, and materials as it reasonably requires in connection with a review. These are powers akin to those exercised by the Police Service of Northern Ireland (PSNI) and the Police Ombudsman for Northern Ireland (PONI) when conducting legacy investigations and cannot be criticised, nor should they be underestimated.”
This is a determination which now should be respected by all. It draws a line under the unwarranted attacks against the commission’s independence, staffed by professional and dedicated public servants from every community background.
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Thirdly, the ICRIR has consistently highlighted the benefits of improved and enhanced operating legislation. While we attempted to use creative mechanisms to implement the current law in a human-rights compliant way, an attempt which the appeal court considered could not overcome the deficiencies in the legislation, we have also consistently welcomed more legislative clarity about our powers.
Dealing with the legacy of the past in Northern Ireland has been contested and delayed.
Achieving the confidence of the community, particularly those victims, survivors and families who have been let down and disappointed for so many years, requires commitment and delivery.
Getting answers to provide the unvarnished truth is critical if we are to promote reconciliation. Promoting rights-based reconciliation is fundamental if young people are to understand the brutality and horror of settling differences through violence.
We will continue endeavouring with the British government, the Irish government, all sides of the community, and particularly victims, survivors and families, to deliver this objective. – Yours, etc,
Sir DECLAN MORGAN,
Chief Commissioner,
Independent Commission for Reconciliation and Information Recovery,
Belfast.