CAJ Briefing on the UK and Ireland Joint Framework on the Legacy of the Troubles (September 2025)
The Committee on the Administration of Justice (CAJ) has issued an initial analysis of the UK and Ireland Joint Framework on the Legacy of the Troubles, published on 19 September 2025.
The Joint Framework marks a return to a cooperative approach between the British and Irish Governments on legacy issues. It commits to major reform of the Independent Commission for Reconciliation and Information Recovery (ICRIR), which will be replaced by a new Legacy Commission. The Framework also promises to repeal the amnesty scheme and the ban on civil proceedings that were introduced under the 2023 Legacy Act.
Key points and concerns include:
- Reform of the ICRIR: The current commissioners will be replaced by a new structure that includes an Oversight Board and two Co Directors of Investigations, one with and one without Northern Ireland policing experience.
- Conflict of interest safeguards: The Framework recognises structural flaws in the ICRIR and promises strong statutory conflict of interest rules, including consultation with families.
- Criminal investigations: The new Legacy Commission will carry out full criminal investigations where there is evidence, but there is no clear commitment to follow European Convention on Human Rights (ECHR) standards.
- National security veto: The Secretary of State will continue to have powers to remove sensitive material from family reports, with no independent right of appeal. CAJ considers this power to be incompatible with international law.
- Inquests: The ban on legacy inquests will be lifted, but not all cases will automatically restart. A new judge led Inquisitorial Mechanism will be created within the Legacy Commission to deal with cases involving sensitive information.
- Information retrieval: A cross border Independent Commission on Information Retrieval (ICIR) will be established for an initial three year period.
- Irish cooperation: The Irish Government will create a dedicated Garda unit for legacy investigations, commit 25 million euros in funding, and introduce legislation to ensure cross border cooperation.
CAJ welcomes the end of the Legacy Act’s amnesty and the renewed cooperation between the two Governments. However, CAJ warns that ongoing ministerial control, especially through the national security veto, risks continuing impunity and undermining victims’ rights to truth and justice.