Written Answers to Questions - Northern Ireland Assembly

Friday 20 July 2012 Written Answers
To date, the legacy inquest case workload has been delivered from within the NI Courts and Tribunals
Service budget but the management of these cases has created pressures for the Coroners and the
Coroners Service.
The administrative and funding arrangements are being kept under review as cases progress and costs
become clearer. My officials are working to ensure that the response is co-ordinated and that available
resources are deployed effectively. Any future pressures highlighted by NICTS will be considered as part
of the in-year monitoring round process.
The listing of legacy inquests is a matter for the relevant Coroner and can be influenced by a number of
factors including:
■ other ongoing investigations e.g. by the Historical Enquiries Team or the Office of Police
Ombudsman;
■ the availability of evidence for the Coroner’s investigations;
■ witness and family availability; or
■ any legal challenges initiated by parties to the inquest.
A decision on whether or not to hold an inquest is a matter for the Coroner. Where the Coroner declines
to hold or has already held an inquest, the Attorney General may refer the case back to the Coroner
with a direction that an inquest be convened. Therefore, there is potential for the number of legacy
inquest cases to increase.
The security arrangements for retired security personnel attending inquests are subject to risk
assessment and arrangements are agreed with the Coroner.
Historical Inquests
Mr Givan asked the Minister of Justice for his assessment of the likelihood of the current number of
historical inquests increasing; and whether the families of members of the security forces who were
killed during the troubles will be able to have fresh inquests heard.
(AQW 13226/11-15)
Mr Ford: The term ‘historical’ or ‘legacy’ inquest is administrative rather than a legal or statutory one.
There is no formal definition, but these cases generally relate to deaths involving agents of the State
or allegations of collusion and due to their complex and contentious nature will require considerable
resources to bring them to conclusion. The Coroners agree the classification of a case as a legacy or
historical inquest.
To date, the legacy inquest case workload has been delivered from within the NI Courts and Tribunals
Service budget but the management of these cases has created pressures for the Coroners and the
Coroners Service.
The administrative and funding arrangements are being kept under review as cases progress and costs
become clearer. My officials are working to ensure that the response is co-ordinated and that available
resources are deployed effectively. Any future pressures highlighted by NICTS will be considered as part
of the in-year monitoring round process.
The listing of legacy inquests is a matter for the relevant Coroner and can be influenced by a number of
factors including:
■ other ongoing investigations e.g. by the Historical Enquiries Team or the Office of Police Ombudsman;
■ the availability of evidence for the Coroner’s investigations;
■ witness and family availability; or
■ any legal challenges initiated by parties to the inquest.
WA 577