Contents
Part 1 · Truth recovery public inquiry
Expenses
22Expenses of witnesses, etc.#
(1)The chairperson may, with the approval of the Executive Office, award such amounts as the chairperson thinks reasonable to a person—
(a)by way of compensation for loss of time, or
(b)in respect of expenses properly incurred, or to be incurred,
in attending, or otherwise in relation to, the inquiry.
(2)The power to make an award under this section includes power, where the chairperson with the approval of the Executive Office considers it appropriate, to award amounts in respect of legal representation.
(3)A person is eligible for an award under this section only if the person—
(a)is giving evidence to the inquiry or attending the inquiry to produce any document or other thing, or
(b)in the opinion of the chairperson, has such a particular interest in the proceedings or outcome of the inquiry as to justify such an award.
(4)The power to make an award under this section is subject to such conditions or qualifications as may be determined by the Executive Office and notified by it to the chairperson.
23Payment of inquiry expenses by the Executive Office#
(1)The Executive Office may agree to pay to—
(a)any member of the inquiry panel,
(b)any expert adviser, counsel or solicitor to the inquiry,
(c)any person appointed to the advisory panel, and
(d)any person engaged to provide assistance to the inquiry,
such remuneration and expenses as the Executive Office may determine.
(2)The Executive Office must pay any amounts awarded under section 22.
(3)The Executive Office must meet any other expenses incurred in holding the inquiry, including the cost of publication of the report of the inquiry (and any interim reports).
(4)Subsection (5) applies where the Executive Office—
(a)believes that there are matters in respect of which the inquiry panel is acting, or is likely to act, outside the inquiry’s terms of reference, and
(b)gives a notice to the chairperson specifying those matters and the reasons for that belief.
(5)The Executive Office is not obliged under this section or otherwise to pay any amounts or to meet any expenses in so far as they are referable—
(a)to any matters certified by the Executive Office, in accordance with provision made by rules under section 28, to be outside the inquiry’s terms of reference, and
(b)to any period falling after the date on which the notice under subsection (4) was given;
but this is subject to provision made by rules under section 28.
(6)Within a reasonable time after the end of the inquiry the Executive Office must publish the total amount it has paid (or remains liable to pay) under this section.
Reports
19Submission of reports#
(1)The chairperson must deliver a report to the First Minister and deputy First Minister setting out—
(a)the facts determined by the inquiry panel, and
(b)the recommendations of the inquiry panel (where the terms of reference require it to make recommendations),
(2)The report of the inquiry may also contain anything else that the inquiry panel considers to be relevant to the terms of reference (including any recommendations the inquiry panel sees fit to make despite not being required to do so by the terms of reference).
(3)Before making the report of the inquiry, the chairperson may deliver to the First Minister and deputy First Minister one or more reports under this subsection containing anything that a report under subsection (1) may contain (an “interim report”).
(4)If the inquiry panel is unable to produce a unanimous report (whether under subsection (1) or subsection (3)), the report must reasonably reflect the points of disagreement.
20Publication of reports#
(1)The chairperson must make arrangements for reports under section 19 to be published.
(2)Reports under section 19 must be published in full; but this is subject to subsection (3).
(3)The chairperson may withhold material from publication to such extent—
(a)as is required by any statutory provision or rule of law, or
(b)as the chairperson considers to be necessary in the public interest, having regard in particular to the matters mentioned in subsection (4).
(4)Those matters are—
(a)the extent to which withholding material might inhibit the allaying of public concern;
(b)any risk of harm or damage that could be avoided or reduced by withholding any material;
(c)any conditions as to confidentiality subject to which a person acquired information which that person has given to the inquiry.
(5)Subject to subsection (6), a report under section 19 may not be published unless at least two weeks have elapsed since the date on which the chairperson delivered it to the First Minister and deputy First Minister (or such other period as may be agreed between the First Minister and deputy First Minister acting jointly and the chairperson).
(6)If the First Minister and deputy First Minister have not agreed a period of time with the chairperson under subsection (5), the chairperson may make arrangements for a report under section 19 to be published earlier than the period of 2 weeks referred to in subsection (5) where the chairperson considers it to be necessary or appropriate.
(7)Subsection (3)(b) does not affect any obligation of a public authority that may arise under the Freedom of Information Act 2000.
(8)In subsection (4)(b), “harm” includes death or injury.
Supplementary
24Offences#
(1)A person is guilty of an offence if the person, without reasonable excuse—
(a)contravenes a restriction order, or
(b)fails to do anything that the person is required to do by a notice under section 17.
(2)A person is guilty of an offence if, during the course of the inquiry, the person does anything—
(a)that is intended to have the effect of—
(i)distorting or otherwise altering any evidence, document or other thing that is given, produced or provided to the inquiry, or
(ii)preventing any evidence, document or other thing from being given, produced or provided to the inquiry, or
(b)that the person knows or believes is likely to have such an effect.
(3)A person is guilty of an offence if, during the course of the inquiry, the person intentionally—
(b)alters or destroys a relevant document.
(4)For the purposes of subsection (3) a document is a “relevant document” if it is likely that the chairperson would (if aware of its existence) wish to be provided with it.
(5)A person does not commit an offence under subsection (2) or (3) by doing anything that the person is authorised or required to do—
(a)by the chairperson, or
(b)by virtue of section 18 or any privilege that applies.
(6)Only the chairperson may institute proceedings for an offence under subsection (1).
(7)Proceedings for an offence under subsection (2) or (3) may be instituted only by or with the consent of the Director of Public Prosecutions for Northern Ireland.
(8)A person who is guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding six months, or to both.
25Enforcement by High Court#
(1)Where a person—
(a)fails to comply with, or acts in breach of, a notice under section 17 or an order made by the chairperson, or
(b)threatens to do so,
the chairperson may certify the matter to the High Court.
(2)The High Court, after hearing any evidence or representations on the matter certified to it under subsection (1), may make any order by way of enforcement or otherwise that it could have made if the matter had arisen in proceedings before it.
26Immunity from suit#
(1)No action lies against a person who is—
(a)a member of the inquiry panel,
(b)an expert adviser, counsel or solicitor to the inquiry,
(c)appointed to the advisory panel, or
(d)engaged to provide assistance to the inquiry,
in respect of any act done or omission made in the execution of that person’s duty as such, or any act done or omission made in good faith in the purported execution of that person’s duty as such.
(2)Subsection (1) applies only to acts done or omissions made during the course of the inquiry.
(3)For the purposes of the law of defamation, the same privilege attaches to—
(a)any statement made in or for the purposes of proceedings before the inquiry (including the report of the inquiry and any interim reports), and
(b)reports of proceedings before the inquiry,
as would be the case if those proceedings were proceedings before a court in Northern Ireland.
27Time limit for applying for judicial review#
(1)An application for judicial review of a decision made—
(a)by the Executive Office in relation to the inquiry, or
(b)by a member of the inquiry panel,
must be brought within 21 days after the day on which the applicant became aware of the decision, unless that time limit is extended by the court.
(2)Subsection (1) does not apply where an earlier time limit applies by virtue of rules of court.
(3)Subsection (1) does not apply to—
(a)a decision as to the contents of the report of the inquiry or an interim report;
(b)a decision of which the applicant could not have become aware until the publication of the report of the inquiry or, as the case may be, an interim report.
(4)In subsection (1), “the Executive Office” includes the First Minister and deputy First Minister.
28Rules#
(1)The Executive Office may make rules dealing with—
(a)matters of evidence and procedure in relation to the inquiry;
(b)the return or keeping, after the end of the inquiry, of documents given to or created by the inquiry;
(c)awards under section 22.
(2)Rules under subsection (1)(a) may in particular make provision for orders similar to witness anonymity orders within the meaning of section 86 of the Coroners and Justice Act 2009.
(3)Rules under subsection (1)(a) must in particular make provision for the designation of persons as core participants, and for consequent arrangements, similar to provision in the Inquiry Rules 2006.
(4)If rules under subsection (1)(a) provide that evidence given for the purposes of the inquiry must not be disclosed in any criminal or civil proceedings in Northern Ireland, the rules must also provide that such provision does not apply where the disclosure is necessary to avoid a breach of Convention rights (within the meaning of the Human Rights Act 1998).
(5)Rules under subsection (1)(c) may in particular—
(a)make provision as to how and by whom the amount of awards is to be assessed, including provision allowing the assessment to be undertaken by the chairperson or by such other person as the chairperson may nominate;
(b)make provision for review of an assessment at the instance of a person dissatisfied with it.
(6)Rules under this section are subject to negative resolution.
29Consequential amendment#
In Article 13(3)(a) of the Commissioner for Children and Young People (Northern Ireland) Order 2003 (actions which may be investigated: restrictions and exclusions)—
(a)omit the first “or”;
(b)after “2013” insert “or the Inquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act (Northern Ireland) 2026”.
30Interpretation of this Part#
(1)In this Part—• “the advisory panel” has the meaning given by section 10;• “body” includes an unincorporated body of persons;• “chairperson” means the chairperson of the inquiry;• “children” means persons who have not attained the age of 18 years;• “document” includes information recorded in any form;• “expert adviser” means an expert adviser appointed under section 9;• “the inquiry” has the meaning given by section 1;• “the inquiry panel” has the meaning given by section 5;• “interested party” means a person with a particularly significant interest in the proceedings or outcome of the inquiry;• “interim report” has the meaning given by section 19(3);• “member” includes the chairperson;• “notice” means notice in writing;• “prescribed institutions” has the meaning given by section 3;• “public body” means a body established by or under any statutory provision;• “relevant persons” has the meaning given by section 4;• “restriction order” means an order under section 16;• “the report of the inquiry” has the meaning given by section 19(1).
(2)References in this Part to—
(a)the course of the inquiry are to the period beginning with the commencement of this section and ending with the date on which the inquiry comes to an end;
(b)the consideration by the inquiry of evidence are to the consideration by the inquiry of evidence in any form including documents or other things.
(3)For the purposes of this Part, the references to admission to a prescribed institution—
(a)include admission as an adult or as a child and (in the case of a child) whether or not accompanied by an adult;
(b)mean admission at any time between 1922 and 1995 (inclusive of both of those years).
Inquiry proceedings
14Evidence and procedure#
(1)The procedure and conduct of the inquiry are to be such as the chairperson may direct; but this is subject to any provision of this Act or of rules under section 28.
(2)For the purposes of the inquiry, the chairperson may, in particular, take evidence on oath, and for that purpose may administer oaths.
(3)A statement made to the inquiry on oath by a person outside Northern Ireland through a live link is to be treated for the purposes of Article 3 of the Perjury (Northern Ireland) Order 1979 as having been made in Northern Ireland; but this is subject to rules under section 28.
(4)In making any decision as to the procedure or conduct of the inquiry, the chairperson must act with fairness and with regard also to the need to avoid any unnecessary cost (whether to public funds or to witnesses or others).
(5)In this section “live link” means a live television link or other arrangement whereby a person, while absent from the place where the inquiry is being held, is able to see and hear, and be seen and heard by, a person at that place.
(6)For the purposes of subsection (5) any impairment of sight or hearing is to be disregarded.
15Public access to inquiry proceedings and information#
(1)The chairperson must take such steps as the chairperson considers reasonable to secure that members of the public (including reporters) are able—
(a)to attend the inquiry or to see and hear a simultaneous transmission of proceedings at the inquiry, and
(b)to obtain or to view a record of evidence and documents given, produced or provided to the inquiry or inquiry panel;
but this is subject to any restrictions imposed by an order under section 16.
(2)No recording or broadcast of proceedings at the inquiry may be made except—
(a)at the request of the chairperson, or
(b)with the permission of the chairperson and in accordance with any terms on which permission is given.
16Restrictions on public access, etc.#
(1)Restrictions may, in accordance with this section, be imposed on—
(a)attendance at the inquiry, or at any particular part of the inquiry;
(b)disclosure or publication of any evidence or documents given, produced or provided to the inquiry;
(c)disclosure or publication of the identity of any person.
(2)Restrictions may be imposed by being specified in an order (a “restriction order”) made by the chairperson during the course of the inquiry.
(3)A restriction order must specify only such restrictions—
(a)as are required by any statutory provision or rule of law, or
(b)as the chairperson considers to be conducive to the inquiry fulfilling its terms of reference or to be necessary in the public interest, having regard in particular to the matters mentioned in subsection (4).
(4)Those matters are—
(a)the extent to which any restriction on attendance, disclosure or publication might inhibit the allaying of public concern;
(b)any risk of harm or damage that could be avoided or reduced by any such restriction;
(c)any conditions as to confidentiality subject to which a person acquired information which that person is to give, or has given, to the inquiry;
(d)the extent to which not imposing any particular restriction would be likely—
(i)to cause delay or to impair the efficiency or effectiveness of the inquiry, or
(ii)otherwise to result in additional cost (whether to public funds or to witnesses or others);
(e)the extent to which any restrictions might impede the participation of relevant persons in the inquiry.
(5)The chairperson may, during the course of the inquiry, vary or revoke a restriction order by making an order under this subsection.
(6)Restrictions imposed by a restriction order on disclosure or publication of evidence or documents (“disclosure restrictions”) continue in force indefinitely unless—
(a)under the terms of the order the restrictions expire at the end of the inquiry or at some other time;
(b)the restrictions are removed by virtue of an order under subsection (5), or a notice under subsection (8), that varies the restriction order; or
(c)the order is revoked by an order under subsection (5) or a notice under subsection (8).
(7)After the end of the inquiry, disclosure restrictions do not apply to a public authority in relation to information held by the authority otherwise than as a result of the breach of disclosure restrictions.
(8)After the end of the inquiry the Executive Office may by a notice published in a way which it considers appropriate—
(a)revoke a restriction order containing disclosure restrictions which are still in force, or
(b)vary it so as to remove, relax or increase any of the restrictions.
(9)In subsection (4)(b), “harm” includes death or injury.
17Powers to require production of evidence#
(1)The chairperson may by notice require a person to attend at a time and place stated in the notice—
(a)to give evidence;
(b)to produce any documents in the custody or under the control of that person which relate to a matter in question at the inquiry;
(c)to produce any other thing in the custody or under the control of that person for inspection, examination or testing by or on behalf of the inquiry.
(2)The chairperson may by notice require a person within a period stated in the notice—
(a)to provide evidence to the inquiry in the form of a written statement;
(b)to provide any documents in the custody or under the control of that person that relate to a matter in question at the inquiry;
(c)to produce any other thing in the custody or under the control of that person for inspection, examination or testing by or on behalf of the inquiry.
(3)A notice under subsection (1) or (2) must—
(a)explain the possible consequences of not complying with the notice;
(b)indicate what the recipient of the notice should do to make a claim within subsection (4).
(4)A claim by a person that—
(a)that person is unable to comply with a notice under this section, or
(b)it is not reasonable in all the circumstances to require that person to comply with a notice under this section,
is to be determined by the chairperson, who may revoke or vary the notice on that ground.
(5)In deciding whether to revoke or vary a notice on the ground mentioned in subsection (4)(b), the chairperson must consider the public interest in the information in question being obtained by the inquiry, having regard to the likely importance of the information.
(6)For the purposes of this section a thing is under the control of a person if it is in that person’s possession or if that person has a right to possession of it.
(7)The powers conferred by this section are exercisable only in respect of evidence, documents or other things which are wholly or primarily concerned with a transferred matter.
(8)In subsection (7) “transferred matter”, in relation to a power conferred by this section, means a matter which, when the power is exercised, is a transferred matter within the meaning of the Northern Ireland Act 1998.
(9)The chairperson must take all reasonable steps to obtain documents or other things which are in the custody or under the control of any person outside Northern Ireland where such documents or things relate to a matter in question at the inquiry.
(10)The Executive Office must take all reasonable steps to facilitate co-operation with the inquiry by persons outside Northern Ireland.
(11)Subsection (12) applies where—
(a)evidence, documents or other things sought under this section are not provided, and
(b)the chairperson is not satisfied that there is a reasonable excuse for not providing them.
(12)Subject to any other statutory provision or rule of law, the chairperson must record and report where the chairperson considers it appropriate—
(a)the nature of the evidence, documents or other things sought, and
(b)the person from whom they were sought.
18Privileged information, etc.#
(1)A person may not under section 17 be required to give, produce or provide any evidence or document if—
(a)that person could not be required to do so if the proceedings of the inquiry were civil proceedings in a court in Northern Ireland, or
(b)the requirement would be incompatible with an assimilated obligation.
(2)The rules of law under which evidence or documents are permitted or required to be withheld on grounds of public interest immunity apply in relation to the inquiry as they apply in relation to civil proceedings in a court in Northern Ireland.
Report on financial contributions
13Contributions to payments#
(1)The Department must publish a report on a scheme to seek financial contributions from any prescribed institution, public body or other person in relation to which the inquiry determines that there were any systemic failings such as referred to in section 2(3)(a) or (c).
(2)For the purposes of this section, “financial contributions” means contributions towards the funding of any statutory scheme for the making of payments in connection with admission to, or treatment by, institutions, bodies or persons.
(3)Where a charity makes a financial contribution, the making of that contribution is to be treated for all purposes as—
(a)being in furtherance of the charity’s charitable purposes and consistent with its constitution,
(b)providing public benefit,
(c)not being contrary to the interests of the charity, and
(d)being within the powers exercisable by the charity trustees of the charity.
(4)Expressions used in subsection (3) have the same meaning as in the Charities Act (Northern Ireland) 2008.
The inquiry
1The inquiry#
(1)The First Minister and deputy First Minister acting jointly may cause an inquiry to be held under this Act (“the inquiry”).
(2)The inquiry is to be known as the Truth Recovery Public Inquiry into Mother and Baby Institutions, Magdalene Laundries and Workhouses 1922 to 1995.
(3)Section 2 makes provision concerning the inquiry’s terms of reference.
(4)The inquiry is to cover the period from 1922 to 1995 (inclusive of both of those years).
(5)Nothing in subsection (4) prevents the inquiry from considering the effect on any person after 1995 of anything that occurred during the period referred to in subsection (4) in so far as it is relevant to the inquiry’s terms of reference.
(6)The inquiry must not inquire into the facts relating to any persons concerning any institution where the Inquiry into Historical Institutional Abuse 1922 to 1995 inquired into such facts in relation to those persons.
(7)Sections 3 and 4 provide definitions for the purposes of this Part.
2Terms of reference#
(1)The terms of reference of the inquiry are to be prepared and published by the Executive Office.
(2)The terms of reference must be published no later than six months after the coming into operation of this Part.
(3)The terms of reference must include provision requiring the inquiry to determine whether, and if so to what extent, there were any systemic failings by prescribed institutions, public bodies or other persons—
(a)in their care of relevant persons (during the time while the relevant persons were under the care of prescribed institutions), or in the admission of relevant persons to, or departure of relevant persons from, prescribed institutions;
(b)in the registration, regulation or inspection of prescribed institutions;
(c)in the placement of children for the purposes of care arrangements—
(i)who were born while their mothers were under the care of prescribed institutions; or
(ii)whose mothers were under the care of prescribed institutions until immediately before the birth of the children.
(4)Any amendments to the terms of reference are to be prepared and published by the Executive Office.
(5)Before preparing or amending the terms of reference, the Executive Office must—
(a)consult the chairperson;
(b)consider the Mother and Baby Institutions, Magdalene Laundries and Workhouses in Northern Ireland Truth, Acknowledgement and Accountability Report published in October 2021 (ISBN 978-1-3999-0671-5).
(6)For the purposes of this section, “care arrangements”—
(a)includes adoption, fostering or any other arrangements for the care of a child;
(b)does not include placement of a child with a biological parent of that child.
(7)In subsection (3), ‘other persons’ includes but is not limited to private hospitals, private maternity homes and private nursing homes; general practitioners; social workers; clergy; and private businesses.
3Definition of “prescribed institutions”#
(1)For the purposes of this Part, “prescribed institutions” means such—
(a)institutions known as “mother and baby institutions”;
(b)institutions known as “magdalene laundries”;
(c)workhouses (within the meaning of the Poor Relief Acts (Northern Ireland) 1838 to 1937);
(d)other institutions (irrespective of whether such institutions are public bodies or not, and whether the activities of such institutions are carried on for, or not for, profit),
as may be prescribed in regulations made by the Executive Office.
(2)Before making regulations under this section, the Executive Office must consult the chairperson.
(3)Regulations under this section may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.
4Definition of “relevant persons”#
(1)For the purposes of this Part, subject to subsections (2) and (3) “relevant persons” are the following—
(a)in relation to a prescribed mother and baby institution or a prescribed magdalene laundry—
(i)any person admitted to the institution;
(ii)any person born while their mother was under the care of the institution;
(iii)any person whose mother was under the care of the institution until immediately before the person’s birth;
(b)in relation to a prescribed workhouse—
(i)a pregnant woman or pregnant girl admitted to the workhouse;
(ii)a woman or girl who had become pregnant while she was under the care of the workhouse;
(iii)a woman or girl who had given birth while she was under the care of the workhouse;
(iv)a person born while their mother was under the care of the workhouse;
(v)a person whose mother was under the care of the workhouse until immediately before the person’s birth;
(c)in relation to any other institution that is prescribed in regulations under section 3(1)(d), any person of such description as may be prescribed in regulations made by the Executive Office.
(2)The Executive Office may by regulations provide that persons specified in the regulations who would otherwise be “relevant persons” are to be treated for the purposes of this section as if they were not relevant persons.
(3)The Executive Office may by regulations amend the definition of “relevant persons” contained in subsection (1).
(4)Before making regulations under this section, the Executive Office must consult the chairperson.
(5)Regulations under this section may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.
5The inquiry panel#
(1)The inquiry is to be undertaken by an inquiry panel consisting of a chairperson with one or more other members.
(a)must not rule on, and
(b)has no power to determine,
any person’s civil or criminal liability.
6Appointment of members#
(1)Each member of the inquiry panel is to be appointed by the First Minister and deputy First Minister acting jointly by an instrument in writing.
(2)The power to appoint members of the inquiry panel other than the chairperson is subject to subsections (3) to (6).
(3)Subsection (4) applies where the inquiry has not yet begun to consider evidence.
(4)A person may be appointed to membership of the inquiry panel otherwise than as chairperson only if—
(a)a chairperson is appointed, and
(b)the First Minister and deputy First Minister acting jointly have consulted the chairperson concerning the appointment of the person as a member of the inquiry panel.
(5)Subsection (6) applies where the inquiry has begun to consider evidence.
(6)A person may be appointed to membership of the inquiry panel otherwise than as chairperson only if—
(a)a chairperson is appointed, and
(b)the chairperson has consented to the appointment of the person as a member of the inquiry panel.
(7)The power to appoint a replacement chairperson may be exercised by appointing a person who is already a member of the inquiry panel.
7Requirement of impartiality#
(1)The First Minister and deputy First Minister may not appoint a person as a member of the inquiry panel if it appears to them that the person has—
(a)a direct interest in the matters to which the inquiry relates, or
(b)a close association with an interested party;
but this is subject to subsection (2).
(2)Subsection (1) does not apply in respect of a person who appears to the First Minister and deputy First Minister to have an interest or association falling within paragraph (a) or (b) of that subsection, if the appointment of the person could not reasonably be regarded as affecting the impartiality of the inquiry panel.
(3)Before a person is appointed as a member of the inquiry panel the person must notify the First Minister and deputy First Minister of any matters that, having regard to subsection (1), could affect the person’s eligibility for appointment.
(4)If at any time during the course of the inquiry a member of the inquiry panel becomes aware that he or she has an interest or association falling within subsection (1)(a) or (b), the member must notify the First Minister and deputy First Minister.
(5)A member of the inquiry panel must not undertake any activity that could reasonably be regarded as affecting the person’s suitability to serve as such.
8Duration of appointment of members#
(1)Subject to the following provisions of this section, a member of the inquiry panel remains a member until the inquiry comes to an end (or until the member’s death if the member dies before then).
(2)A member of the inquiry panel may at any time resign by notice to the First Minister and deputy First Minister.
(3)The First Minister and deputy First Minister acting jointly may at any time by notice suspend or terminate the appointment of a member of the inquiry panel—
(a)on the ground that, by reason of physical or mental illness or for any other reason, the member is unable to carry out the duties of a member of the inquiry panel;
(b)on the ground that the member has failed to comply with any duty imposed on the member in relation to the inquiry;
(c)on the ground that the member has—
(i)a direct interest in the matters to which the inquiry relates, or
(ii)a close association with an interested party,
such that the impartiality of the inquiry panel could reasonably be regarded as affected by that member;
(d)on the ground that the member has, since being appointed, become bankrupt;
(e)on the ground that the member has, since being appointed, been guilty of any misconduct that makes the member unsuited to membership of the inquiry panel.
(4)In determining whether subsection (3)(a) applies in a case where the inability to carry out the duties is likely to be temporary, the First Minister and deputy First Minister acting jointly may have regard to the likely duration of the inquiry.
(6)The First Minister and deputy First Minister may not exercise a power under subsection (3) in relation to a member other than the chairperson, unless acting jointly they have consulted the chairperson concerning the exercise of the power in relation to the member.
(7)The First Minister and deputy First Minister may not exercise a power under subsection (3) in relation to any member of the inquiry panel, unless acting jointly they have—
(a)informed the member that they are minded to exercise the power in relation to him or her,
(b)given reasons to the member as to why they are so minded,
(c)taken into account any representations made by the member in response, and
(d)where the member so requested and—
(i)the member is the chairperson, consulted each other member of the inquiry panel concerning the exercise of the power in relation to the member;
(ii)where the member is not the chairperson, consulted each other member of the inquiry panel (other than the chairperson) concerning the exercise of the power in relation to the member.
9Expert advisers#
(1)The chairperson may appoint one or more persons to act as expert advisers to assist the inquiry panel.
(2)A person may be appointed as an expert adviser only if it appears to the chairperson that the person has expertise that makes the person a suitable person to provide assistance to the inquiry panel.
(3)The chairperson may at any time suspend or terminate the appointment of an expert adviser.
10Advisory Panel#
(1)The chairperson, having consulted each other member of the inquiry panel, may appoint a panel of persons to act as advisers to the inquiry panel on such matters as the inquiry panel considers appropriate.
(2)The panel is to be known as “the advisory panel”.
(3)A person may be appointed to the advisory panel under subsection (1) only if the person—
(a)was admitted to a prescribed institution,
(b)was born while his or her mother was under the care of a prescribed institution,
(c)is or was a relative of a person specified in paragraph (a) or (b), or
(d)has experience in providing support to persons specified in paragraph (a) or (b).
(4)The chairperson may at any time suspend or terminate the appointment of the advisory panel or of any person appointed to the advisory panel.
(5)For the purposes of this section, “relative” means a parent, grandparent, child, grandchild, brother, sister, uncle or aunt, (whether by a biological relationship, adoption, marriage or civil partnership).
11Power to suspend inquiry#
(1)The First Minister and deputy First Minister acting jointly may at any time, by notice to the chairperson, suspend the inquiry for such period as appears to them to be necessary to allow for—
(a)the completion of any other investigation relating to any of the matters to which the inquiry relates, or
(b)the determination of any civil or criminal proceedings arising out of any of those matters.
(2)The power under subsection (1) may be exercised whether or not the investigation or proceedings have begun.
(3)The First Minister and deputy First Minister may not exercise the power under subsection (1), unless acting jointly they have consulted the chairperson concerning the exercise of the power.
(4)A notice under subsection (1) may suspend the inquiry—
(a)until a day specified in the notice,
(b)until the happening of an event specified in the notice, or
(c)until the giving by the First Minister and deputy First Minister acting jointly of a notice to the chairperson ending the suspension.
(5)A notice under subsection (1) must set out the reasons of the First Minister and deputy First Minister for suspending the inquiry.
(6)Where the First Minister and deputy First Minister give a notice under subsection (1), they must make an oral statement to the Assembly as soon as reasonably practicable.
(7)A member of the inquiry panel may not exercise any power under this Act during any period of suspension; but the duties imposed on a member of the inquiry panel by section 7(4) and (5) continue during any such period.
(8)In this section “period of suspension” means the period beginning with the receipt by the chairperson of the notice under subsection (1) and ending with, as the case may be—
(a)the day referred to in subsection (4)(a);
(b)the happening of the event referred to in subsection (4)(b); or
(c)the receipt by the chairperson of the notice referred to in subsection (4)(c).
12End of inquiry#
(1)For the purposes of this Act the inquiry comes to an end—
(a)on the date, after the delivery of the report of the inquiry, on which the chairperson notifies the First Minister and deputy First Minister that the inquiry has fulfilled its terms of reference (which date must be within such time period, if any, as may be provided for by the terms of reference), or
(b)on any earlier date specified in a notice given to the chairperson by the First Minister and deputy First Minister acting jointly.
(3)The First Minister and deputy First Minister may not exercise the power under subsection (1)(b), unless acting jointly they have consulted the chairperson concerning the exercise of the power.
(4)A notice under subsection (1)(b) must set out the reasons of the First Minister and deputy First Minister for bringing the inquiry to an end.
Part 3 · General
44Application to the Crown#
(1)This Act binds the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland except as provided by subsection (2).
(2)The powers conferred by sections 17 and 36 are not exercisable so as to require any evidence, document or other thing to be given, produced or provided by or on behalf of His Majesty’s Government in the United Kingdom, the Scottish Ministers or the Welsh Ministers.
45Power to make supplementary, etc. provision#
(1)The Executive Office may by regulations make such supplementary, transitional, incidental or consequential provision as it considers appropriate for the purposes of this Act or in consequence of, or for giving full effect to, any provision of this Act.
(2)Regulations under subsection (1) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.
46General interpretation#
(1)In this Act—• “public authority” has the same meaning as in the Freedom of Information Act 2000;• “statutory provision” has the same meaning as in section 1(f) of the Interpretation Act (Northern Ireland) 1954.
(2)References in this Act to producing or providing a document, in relation to information recorded otherwise than in legible form, are to be read as references to producing or providing a copy of the information in a legible form.
47Commencement#
(1)This Part and Part 1 come into operation on the day after the day on which this Act receives Royal Assent.
(2)Part 2 comes into operation on such day or days as the Executive Office may by order appoint.
48Short title#
This Act may be cited as the Inquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act (Northern Ireland) 2026.
Contains public sector information licensed under the Open Government Licence v3.0.