RESPONSIBILITIES OF THE EXECUTIVE OFFICE

Through their engagement in both consultation and research interviews with victims-survivors, the Truth Recovery Design Panel has identified six Guiding Principles that should underpin the implementation of its interlocking recommendations, and should be stated explicitly in the mandate for each measure. While a Recommendation in its own right, it is important note that it is unlikely that any of these sub-recommendations will ever move to a status of having been ‘complete’. These are fundamental underpinning principles of ‘how’ this Programme should be delivered, rather than a marker on ‘what’ is being delivered.  These sub-recommendations should therefore be considered as a test for all charged with delivery of various aspects of the Programme, and should remain ‘Ongoing’ until the Programme concludes its operation.

RECOMMENDATIONS

2A: Funding and resources should be sufficient to ensure effective and sustainable implementation of all recommendations

2B: The human rights of victims-survivors and relatives should be central to all recommendations and their realisation

2C: Securing full access for victims-survivors and inter-generational relatives of the deceased to information regarding their personal and family histories and the work of future investigations is a fundamental priority

2D: In progressing implementation and ensuring accountability, policies and practices should be trauma-informed, identifying and responding to the needs and preferences of victims-survivors

2E: Future investigations should be accessible to all victims-survivors and relatives, particularly ensuring participation by those with disabilities

2F: Inclusion of victims-survivors and relatives affected by cross-border practices and in the Diaspora, and relatives of the deceased, is essential

AN INTEGRATED TRUTH INVESTIGATION

This Recommendation sits at the centre of the Truth Recovery Design Panel’s report both in terms of its significance to victims-survivors and also in terms of volume of sub-recommendations to be taken forward. In its simplest form, it is one overarching recommendation supported by a series of contributory sub-recommendations, the implementation of all of which will be essential to the success of an Integrated Truth Investigation. The overarching Recommendation states:

An integrated truth investigation should be prioritised, comprising an expert Independent Panel and a statutory Public Inquiry. An Independent Panel should be established without delay, bearing in mind the advanced age of many victims-survivors and relatives.

The Report makes clear the premise and rationale for progressing with an integrated approach comprised of an Independent Panel, which will feed into the Statutory Inquiry and which may run in parallel for a time. It is without precedent both internationally, but if delivered successfully may set a framework for future such investigations.

There are two substantial work-streams involved in delivery of this recommendation. The first, which does not require legislation, relates to the immediate establishment of an Independent Panel. The second, establishing a full public inquiry, will however require legalisation. One does not have to wait for the other and the Independent Panel shall be established as soon as possible while the drafting of legislation begins with a view to it progressing through the Assembly early in the next mandate

While not necessarily intended as a specific set of sub-recommendations, the Truth Recovery Design Panel set out a set of series of guiding principles which it has suggested should apply to both the Independent Panel and the Statutory Inquiry. These principles are:

Respect for human rights of victims-survivors and relatives and a commitment to protecting and fulfilling human rights
Full access to information for victims-survivors and relatives of the deceased
Central involvement of, and accountability to, victims-survivors and relatives
Accessibility, particularly to persons with disabilities
Inclusion of victims-survivors and relatives affected by cross-border practices and in the Diaspora, and relatives of the deceased

Taken together, the adoption of these principles has been taken as one single recommendation within this Implementation Plan (Recommendation 3B) below.

In recognition of the volume of sub-recommendations in this section, a short summary has been provided which categorises the 7 main themes to be taken forward.

ACCESS TO RECORDS

The Truth Recovery Design Panel has acknowledged that access to records is not only important in terms of their utility to the Integrated Truth Investigation, but moreover is deeply significant to those individuals and their families who for too long have been denied or deprived of fundamental information about their own identity. The Report therefore recommends a series of actions (some of which to be taken forward immediately) to preserve records in the first instance, but then to make them more accessible, and then to make this information available on a permanent basis.

This recommendation is presented as having 3 key aspects:

• Statutory Preservation Requirement
• Data Protection Guidance
• Archive Legislation

As with other recommendations, within these are a series of sub-recommendations that support and strengthen the purpose of this strand of work.

RECOMMENDATIONS

4A: An immediate statutory preservation order guaranteeing the protection of all relevant records until they are gathered. This requirement should extend to all State and non-State institutions and agencies, officials, representatives and professionals that serviced them

4B (i): The Department of Health (DoH) should continue its support for the Data Protection Impact Assessment (DPIA) currently proceeding with the involvement of victims-survivors who participated in the Truth Recovery Design process. The aim of this DPIA is to develop non-statutory Guidance for both state and voluntary adoption agencies responding to adoption-related subject access requests. The Guidance should be implemented immediately upon its completion

4B (ii): Following publication and implementation of the DoH Guidance, the Executive Office should take responsibility for overseeing the development of a statutory form of guidance binding all personal data controllers regarding the administration of historical institutional and adoption records. This statutory guidance should be created in consultation with victims-survivors

4B (iii): Communication should be established with the Government of Ireland regarding the similar need in that jurisdiction for data protection law implementation guidance

4C (iv): Create a permanent, comprehensive independent repository of historical institutional and adoption records, and other records relating to children in state care

4C (v): Guarantee sufficient resourcing and technical expertise to enable the effective functioning of the permanent repository, which could be housed in the Public Records Office of Northern Ireland

4C (vi): Institutionalise cooperation between the permanent independent repository and a parallel repository in the Republic of Ireland

4C (vii): Establish a dedicated advisory committee, including victim-survivor representatives, to provide ongoing guidance on all matters affecting the repository and its use by victims-survivors and the public

4C (viii): Require the preservation and production of all relevant records, including administrative as well as personal information, whether currently held by state or non-state personnel, and including the archives of truth-telling investigations

4C (ix): Permit the voluntary deposit of additional testamentary and other relevant evidence

4C (x): Provide the maximum possible access to information for those personally affected, including relatives of the deceased, thus protecting and vindicating their human rights, including their rights to identity and to truth

4C (xi): Establish rules and procedures for access by the general public in a manner that protects the privacy and other human rights of those personally affected

4C (xii): Require the provision of research, genealogy, family tracing and personal advocacy and support services to those personally affected by the repository's holdings

4C (xiii): Require the independent repository to provide support for education and ongoing and active memorialisation initiatives

REDRESS, REPARATION AND COMPENSATION

The Truth Recovery Design Panel Report has acknowledged that there is nothing inherent in the relationship between redress and truth-telling investigations which means that redress must await the outcome of the investigation. In fact, the opposite is true, that redress before and during the investigation can enable victims-survivors to contribute to the investigation fully.

RECOMMENDATION

5A: VSS should be adequately resourced to fund comprehensive services as recommended by victims-survivors and relatives, for the duration of the truth investigation and the longer-term

5B: Funding should be available for voluntary DNA testing, voluntary support services to assist family reunification, the establishment and maintenance of gravestones and markers, and victim-survivor-led artistic and other forms of memorialisation

5C: Funding is required to enable victims-survivors and relatives to seek and obtain free legal advice and representation for the purpose of exercising their rights to access the civil courts, criminal justice investigation procedures, and inquests

5D: A financial redress scheme should be prioritised, comprising an automatic standardised payment and the entitlement to a further individually assessed payment. The scheme should include all women who spent time or gave birth in a Mother and Baby Institution, Magdalene Laundry, Workhouse or other related institutions such as private nursing homes, and all those born to girls and women while institutionalised

5E: The financial redress scheme should not be means-tested, should not comprised existing social welfare supports, and should not require waiver of legal rights

5F: A dedicated consultation with victims-survivors is required as a priority to establish the procedures for the financial redress scheme's administration and the content of any legislation that may be required. The Executive Office should engage with non-state institutions, organisations and agencies implicated in the institutional practices of forced labour and family separation to establish their contributions to the scheme

5G: Citizenship should be granted to those who lost their entitlement due to removal from Northern Ireland as a child

5H: State authorities in collaboration with the churches and other involved institutions should establish a prominent memorial, following a dedicated consultation