Inquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Bill - As Introduced

Inquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouse) and Redress Scheme Bill.pdf (1.48 mb)

CONTENTS

PART 1

TRUTH RECOVERY PUBLIC INQUIRY

The inquiry

1. The inquiry

2. Terms of reference

3. Definition of “prescribed institutions”

4. Definition of “relevant persons”

5. The inquiry panel

6. Appointment of members

7. Requirement of impartiality

8. Duration of appointment of members

9. Assessors 10. Advisory Panel

11. Power to suspend inquiry

12. End of inquiry

Inquiry proceedings

13. Evidence and procedure

14. Public access to inquiry proceedings and information

15. Restrictions on public access, etc.

16. Powers to require production of evidence

17. Privileged information, etc.

Reports

18. Submission of reports

19. Publication of reports

20. Laying of reports before the Assembly

Expenses

21. Expenses of witnesses, etc.

22. Payment of inquiry expenses by the Executive Office

Supplementary

23. Offences

24. Enforcement by High Court

25. Immunity from suit

26. Time limit for applying for judicial review

27. Rules

28. Consequential amendment

29. Interpretation of this Part

PART 2

PAYMENT OF REDRESS

The Truth Recovery Redress Service

30. The Service

Payments

31. Entitlement to a payment

32. Time limit for applications for a payment

Procedure for applications

33. Applications for payments

34. Priority of applications

35. Power to require further information or oral evidence

36. Power to disclose information

37. Payments

38. Right to appeal

Supplementary

39. Advice and assistance

40. Orders restricting disclosure of information

41. Advisers

42. Regulations

PART 3

GENERAL

43. Application to the Crown

44. Power to make supplementary, etc. provision

45. General interpretation

46. Commencement

47. Short title

SCHEDULES:

Schedule 1 — The Truth Recovery Redress Service

Schedule 2 — Relevant institutions and relevant years

Schedule 3 — Eligible relatives

Schedule 4 — Status of payments

A

BILL

TO

Make provision relating to a Truth Recovery Public Inquiry into Mother and Baby Institutions, Magdalene Laundries and Workhouses between 1922 and 1995; to establish the Truth Recovery Redress Service and to enable payments to be made to or in respect of certain persons; and for connected purposes.

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by His Majesty as follows:

PART 1

TRUTH RECOVERY PUBLIC INQUIRY

The inquiry

The inquiry

1.—(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.

Terms of reference

2.—(1) The terms of reference of the inquiry are to be prepared and published by the Executive Office.

(2) 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 1 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.

(3) Any amendments to the terms of reference are to be prepared and published by the Executive Office.

(4) 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).

(5) 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.

Definition of “prescribed institutions”

3.—(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.

Definition of “relevant persons”

4.—(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 given birth while she was under the care of the workhouse;

(iii) a person born while their mother was under the care of the workhouse;

(iv) 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.

The inquiry panel

5.—(1) The inquiry is to be undertaken by an inquiry panel consisting of either—

(a) a chairperson alone, or

(b) a chairperson with one or more other members.

(2) The inquiry panel—

(a) must not rule on, and

(b) has no power to determine,

any person’s civil or criminal liability.

Appointment of members

6.—(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.

Requirement of impartiality

7.—(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.

Duration of appointment of members

8.—(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 1 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.

(5) The First Minister and deputy First Minister may not suspend or terminate a member’s appointment under subsection (3)(c) if they were aware of the interest or association in question when appointing the member.

(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 of the other members (if any) of the inquiry panel concerning the exercise of the power in relation to the member;

(ii) 5 where the member is not the chairperson, consulted each of the other members (if any) of the inquiry panel (other than the chairperson) concerning the exercise of the power in relation to the member.

Assessors

9.—(1) The chairperson may appoint one or more persons to act as assessors to assist the inquiry panel.

(2) A person may be appointed as an assessor 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 assessor.

Advisory Panel

10.—(1) The chairperson 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).

Power to suspend inquiry

11.—(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) 10 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 acting jointly lay a copy of the notice as soon as is reasonably practicable before the Assembly.

(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).

End of inquiry

12.—(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.

(2) The date specified in a notice under subsection (1)(b) may not be earlier than the date on which the notice is sent.

(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.

(5) Where the First Minister and deputy First Minister give a notice under subsection (1)(b), they must acting jointly lay a copy of the notice as soon as is reasonably practicable before the Assembly.

Evidence and procedure

13.—(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 27.

(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 1 (Northern Ireland) Order 1979 as having been made in Northern Ireland; but this is subject to rules under section 27.

(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.

Public access to inquiry proceedings and information

14.—(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 15.

(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.

Restrictions on public access, etc.

15.—(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).

(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.

Powers to require production of evidence

16.—(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.

Privileged information, etc.

17.—(1) A person may not under section 16 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.

Reports

Submission of reports

18.—(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) 1 the recommendations of the inquiry panel (where the terms of reference require it to make recommendations),

(“the report of the inquiry”).

(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 a report 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.

Publication of reports

19.—(1) The chairperson must make arrangements for reports under section 18 to be published.

(2) Reports under section 18 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) A report under section 18 may not be published unless at least two weeks has 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) Subsection (3)(b) does not affect any obligation of a public authority that may arise under the Freedom of Information Act 2000.

(7) In subsection (4)(b), “harm” includes death or injury.

Laying of reports before the Assembly

20. Whatever is required to be published under section 19 must be laid before the Assembly by the First Minister and deputy First Minister acting jointly, either at the time of publication or as soon afterwards as is reasonably practicable.

Expenses

Expenses of witnesses, etc.

21.—(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.

Payment of inquiry expenses by the Executive Office

22.—(1) The Executive Office may agree to pay to—

(a) any member of the inquiry panel,

(b) any assessor, 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 21.

(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 10 provision made by rules under section 27, 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 27.

(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.

Supplementary

Offences

23.—(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 16.

(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—

(a) suppresses or conceals a document which is, and which the person knows or believes to be, a relevant document, or

(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 17 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.

Enforcement by High Court

24.—(1) Where a person—

(a) fails to comply with, or acts in breach of, a notice under section 16 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.

Immunity from suit

25.—(1) No action lies against a person who is—

(a) a member of the inquiry panel,

(b) an assessor, 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.

Time limit for applying for judicial review

26.—(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 14 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) 1 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.

Rules

27.—(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 21.

(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) 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).

(4) 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.

(5) Rules under this section are subject to negative resolution.

Consequential amendment

28. 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) 2025”.

Interpretation of this Part

29.—(1) In this Part—

“the advisory panel” has the meaning given by section 10;

“assessor” means an assessor appointed under section 9;

“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;

“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 18(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 15;

“the report of the inquiry” has the meaning given by section 18(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 (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Bill 16 Part 1—Truth recovery public inquiry

PART 2

PAYMENT OF REDRESS

The Truth Recovery Redress Service

The Service

30.—(1) The Truth Recovery Redress Service is established (and referred to in this Act as “the Service”).

(2) It is the duty of the Service to determine applications for payments to be made to eligible persons (see section 31).

(3) Schedule 1 makes further provision about the Service.

(4) In this Part, unless the context requires otherwise—

a reference to a “payment” is to a payment under this Part;

“application” means an application for a payment;

“appeal” means an appeal under section 38.

Payments

Entitlement to a payment

31.—(1) For the purposes of this Part, subject to subsection (6), “eligible person” means a person who is eligible under subsection (2), (4) or (5).

(2) A person is eligible under this subsection if—

(a) the person was admitted to a relevant institution at any time during the relevant years for the institution, and

(b) the primary purpose of admission was for the person to receive shelter or maintenance (or both) from the institution.

(3) In subsection (2)—

(a) the references to admission include admission as an adult or as a child and (in the case of a child) whether or not accompanied by an adult;

(b) the reference to the receipt of shelter or maintenance does not include the receipt of shelter or maintenance incidental to the provision of medical, surgical or maternity services.

(4) A person is eligible under this subsection if—

(a) the person was born while his or her mother was under the care of a relevant institution, or

(b) the person’s mother was under the care of a relevant institution until immediately before his or her birth;

and the person was born during the relevant years for the institution.

(5) A person is eligible under this subsection if—

(a) the person is an eligible relative of a deceased person who would (if alive) have been eligible under subsection (2) or (4), and

(b) the deceased died on or after 29th September 2011.

(6) The Executive Office may by regulations provide that persons specified in the regulations who would otherwise be “eligible persons” are to be treated for the purposes of this section as if they were not eligible persons.

(7) Regulations under subsection (6) may not be made unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.

(8) A person who was admitted to more than one relevant institution, or who is eligible under both subsection (2) and subsection (4), is eligible for one payment.

(9) The payment is to be—

(a) £10,000, if the person is eligible under subsection (2) or (4);

(b) £2,000, if the person is eligible under subsection (5).

(10) The table in Schedule 2 sets out—

(a) what a “relevant institution” is, and

(b) what the “relevant years” for an institution are.

(11) Schedule 3 sets out who the eligible relatives are.

Time limit for applications for a payment

32.—(1) An application for a payment must be made to the Service—

(a) before the end of the period of three years beginning with the date on which the establishment of the Service is advertised in the Belfast Gazette, and

(b) in accordance with such provision as may be made by regulations under section 42.

(2) The Executive Office may by regulations amend subsection (1)(a) in order to extend the period mentioned in that paragraph, up to a maximum of five years beginning with the date on which the establishment of the Service is advertised.

(3) Regulations under subsection (2) are subject to negative resolution.

Procedure for applications

Applications for payments

33.—(1) An application is to be made in such form as the Service may from time to time determine.

(2) The President of the Service must assign each application to—

(a) a judicial member of the Service (and that may be the President himself or herself), or

(b) a panel of members of the Service,

in order to determine the application.

(3) A panel under subsection (2)(b) must consist of two or three members of the Service, at least one of whom must be a judicial member.

Priority of applications

34.—(1) In determining the priority of applications, the Service must seek to give priority to applications from persons who are terminally ill.

(2) For the purposes of subsection (1), a person is terminally ill if the person is suffering from a progressive disease and death in consequence of that disease can reasonably be expected within 12 months.

(3) Except as provided by subsection (1), it is for the Service to decide the order of priority in which applications for a payment are to be determined by it.

(4) In making a decision under subsection (3), the Service must have particular regard to the age and health of each applicant.

Power to require further information or oral evidence

35.—(1) The power conferred by subsection (2) is exercisable by a judicial member of the Service for the purpose of assisting the judicial member or a panel to determine an application.

(2) The judicial member may issue a notice in writing that requires a person—

(a) to provide specified records, documents, objects or other items of evidence on or before a specified date, or

(b) to attend a hearing on one or more specified dates and to give oral evidence on oath.

(3) A person to whom a notice under this section is given may make a claim to the judicial member that—

(a) the person is unable to comply with the notice, or

(b) it is not reasonable in all the circumstances to require the person to comply with the notice.

(4) On a claim under subsection (3), the judicial member may confirm, revoke or vary the notice.

(5) Subsection (6) applies where a person is required by a notice under this section to provide records or documents and—

(a) providing the records or documents would disclose information about another person which is irrelevant to the determination of the application, and

(b) the disclosure of the information would breach an obligation of confidence.

(6) The person must provide the records or documents in an appropriately redacted form.

(7) A notice under this section has effect despite anything which would otherwise prohibit a person from complying with the notice.

(8) But no requirement of a notice has effect if—

(a) complying with the requirement would involve the disclosure of information which, although made in compliance with the requirement, would contravene the data protection legislation, or

(b) the person would be entitled in proceedings before the High Court to refuse to comply with the requirement.

(9) A person commits an offence if the person fails to comply with a requirement of a notice under this section.

(10) A person commits an offence if the person—

(a) conceals, destroys, distorts or alters, or

(b) arranges for the concealment, destruction, distortion or alteration of,

anything which is required, or which there are reasonable grounds for believing might be required, to be provided by a notice under this section.

(11) A person who is guilty of an offence under subsection (9) or (10) is liable on summary conviction to imprisonment for a term not exceeding six months, a fine not exceeding level 3 on the standard scale or both.

(12) In this section—

“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

“specified” means specified in the notice.

Power to disclose information

36.—(1) The Service may disclose any information where it considers that it is necessary to do so in connection with the determination of an application.

(2) Where information is disclosed under this section—

(a) the person to whom the disclosure is made may use the information, or subsequently disclose it to any other person, only so far as is necessary for or in connection with assisting the Service in the exercise of the Service’s functions, and

(b) any other person to whom the information is subsequently disclosed may use it only for the purpose for which it was disclosed to that person under paragraph (a).

(3) This section—

(a) has effect despite anything which would otherwise prohibit the disclosure or use of the information, but

(b) does not authorise the disclosure or use of information which, although made for a purpose mentioned in this section, would contravene the data protection legislation.

(4) In this section, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Payments

37.—(1) If the judicial member or panel (as the case may be) considering an application determines that the applicant is eligible for a payment, the Service must ensure that the payment is made to the person; but this is subject to any provision made by virtue of section 42(2)(e).

(2) A payment is to be paid as a single lump sum.

(3) Schedule 4 (which makes amendments to the effect that a payment is to be disregarded for the purposes of assessing a person’s eligibility for social security benefit) has effect.

(4) A payment is to be disregarded for the purposes of an assessment of a person’s ability to pay under regulations made under Article 36(6) or 99(5) of the Health and Personal Social Services (Northern Ireland) Order 1972 (cost of providing residential accommodation).

(5) A payment is to be disregarded for the purposes of an assessment of a person’s financial resources under—

(a) 1 Part 3 of the Legal Aid Advice and Assistance (Northern Ireland) Order 1981, or

(b) regulations under Part 2 of the Access to Justice (Northern Ireland) Order 2003.

Right to appeal

38.—(1) A person who applied for a payment may appeal to the Service against a decision to refuse the application.

(2) An appeal must be made within—

(a) 30 days of the person being notified of the decision, or

(b) such longer period as the Service may, in exceptional circumstances, permit.

(3) An appeal—

(a) must be made in writing, setting out the grounds of the appeal, and

(b) must be made in accordance with any provision concerning appeals that is made in regulations under section 42.

(4) Where the Service receives an appeal, the President of the Service must assign the appeal to a judicial member of the Service (and that may be the President himself or herself).

(5) But the President may not assign the appeal to the judicial member who made the decision in question, or to a judicial member who was a member of the panel which made the decision.

(6) An appeal is to be by way of a reconsideration (and accordingly the power conferred by section 35(2) is exercisable by the judicial member for the purpose of assisting the judicial member to decide the application on appeal).

(7) On an appeal—

(a) the judicial member may confirm or reverse the decision, and

(b) where the judicial member reverses the decision, the Service must ensure that the payment is made to the person; but this is subject to any provision made by virtue of section 42(2)(e).

(8) A decision on an appeal is final.

Advice and assistance

39.—(1) The Service may make arrangements for facilitating access to—

(a) advice and assistance for any person who is making an application or considering whether to make an application;

(b) advice for a person who receives a payment on the financial management of the payment.

(2) The secretary to the Service must, on a request from the Department of Justice under this subsection, provide the Department with—

(a) the name and address of each person who—

(i) has made an application or brought an appeal, and

(ii) is or has been receiving legal advice or assistance under this section on the application or appeal;

(b) details of the solicitors who have been providing the advice or assistance.

Orders restricting disclosure of information

40.—(1) The President of the Service may by order (a “restriction order”) impose specified restrictions on—

(a) the disclosure or publication of evidence or documents given, produced or provided on the determination of an application or an appeal;

(b) the disclosure or publication of the identity of any person.

(2) The power under subsection (1) is also exercisable—

(a) by a judicial member or a panel (as the case may be) on the determination of an application, or

(b) by a judicial member on the determination of an appeal.

(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 President, judicial member or panel (as the case may be) considers to be necessary in the public interest.

(4) A restriction order may provide for the restrictions in it—

(a) to expire at a time specified in the order, or

(b) to remain in force indefinitely.

(5) A restriction order may be varied or revoked—

(a) by the judicial member or panel that made the order, or

(b) (in any case) by the President.

Advisers

41.—(1) The Service may appoint one or more persons to act as advisers to the Service.

(2) A person may be appointed as an adviser only if it appears to the Service that the person has expertise that makes that person a suitable person to provide advice to the Service.

(3) The Service may at any time terminate the appointment of an adviser.

Regulations

42.—(1) The Executive Office may by regulations make further provision in relation to payments and applications.

(2) The provision which may be made in regulations under this section includes provision—

(a) specifying information, documents or other material which must be provided in support of an application or appeal and specifying the form in which information, documents or other material may or must be provided;

(b) imposing time limits;

(c) for the assessment and payment of the costs incurred in connection with legal advice and assistance;

(d) for the reimbursement of other specified costs or expenses;

(e) for enabling a payment to be held on trust in such cases as the judicial member or panel determining the application may decide;

(f) about what is to happen if the applicant dies before an application is determined;

(g) about the procedure for appeals;

(h) requiring payments to be repaid, in whole or in part, in specified circumstances (and for enabling the recovery of such payments);

(i) about the withdrawal of an application or an appeal.

(3) In subsection (2), “specified” means specified in the regulations.

(4) Regulations under this section may contain incidental, supplementary, transitional or saving provision.

(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.

PART 3

GENERAL

Application to the Crown

43.—(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 16 and 35 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.

Power to make supplementary, etc. provision

44.—(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.

General interpretation

45.—(1) In this Act— 1

“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.

Commencement

46.—(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.

Short title

47. This Act may be cited as the Inquiry (Mother and Baby Institutions, 25 Magdalene Laundries and Workhouses) and Redress Scheme Act (Northern Ireland) 2025.

SCHEDULES

SCHEDULE 1

Section 30

THE TRUTH RECOVERY REDRESS SERVICE

Status

1.—(1) The Service is a body corporate.

(2) The Service is not to be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(3) Section 19 of the Interpretation Act (Northern Ireland) 1954, except for subsection (1)(a)(iv) and (vi), applies to the Service, subject to the provisions of this Act.

Advertisement in the Belfast Gazette

2. The Executive Office must secure that the establishment of the Service is advertised in the Belfast Gazette.

Membership

3.—(1) The Service is to consist of—

(a) at least two judicial members, and

(b) at least one non-judicial member.

(2) One of the judicial members is to be the President of the Service (“the President”).

(3) There are to be such additional judicial members as the President considers necessary, with the number subject to the approval of the Executive Office.

(4) There are to be such additional non-judicial members as the Executive Office considers necessary.

Administrative functions exercisable by Northern Ireland department

4.—(1) The Executive Office must in writing designate itself or another Northern Ireland department to exercise the administrative functions of the Service on the Service’s behalf.

(2) The designated department is, accordingly, to exercise the administrative functions of the Service on the Service’s behalf; and references in this Schedule to “the Department” are references to the designated department.

Appointment of President and other members

5.—(1) The Lady Chief Justice is to appoint a person as President.

(2) The Lady Chief Justice is to appoint the other judicial members of the Service.

(3) A person may be appointed under sub-paragraph (1) or (2) only if the person holds or has held office—

(a) as a judge of the Court of Judicature, or

(b) as a county court judge or deputy county court judge.

(4) If the Lady Chief Justice considers that the President has become unable to exercise his or her functions, she may appoint an interim President of the Service to exercise the functions of the President for as long as she considers the President to be unable to exercise his or her functions.

(5) A person may be appointed as interim President of the Service only if the person already is, or could be appointed as, a judicial member of the Service.

(6) The Executive Office is to appoint the non-judicial members.

(7) A person may be appointed under sub-paragraph (6) only if the person has professional qualifications or experience which the Executive Office considers relevant.

(8) The Department may pay to or in respect of the President and each other member of the Service such remuneration, such allowances, and such sums for the provision of a pension as the Executive Office determines.

(9) The Department may reimburse the President and each other member of the Service for such expenses as the member reasonably incurs in acting as such.

Exercise of functions

6.—(1) The President has responsibility for ensuring the efficient and effective discharge of the Service’s functions.

(2) The Service may do anything which the Service considers to be appropriate for facilitating, or to be incidental or conducive to, the exercise of its functions.

(3) The power under sub-paragraph (2) does not include a power to borrow money.

Staff, accommodation & equipment

7.—(1) The staff required for the Service are, with the approval of the Executive Office as to numbers, to be provided by the Department.

(2) The staff provided under sub-paragraph (1) must, in particular, include a person to act as the secretary to the Service.

(3) The Department may assign one or more members of its staff to act as a deputy secretary to the Service; and a deputy secretary is entitled to act on behalf of the secretary.

(4) The office accommodation and equipment required for the Service are to be provided by the Department.

Delegation and committees

8.—(1) Any function of the Service may be exercised by one or more members of the Service who have been authorised by the Service for that purpose.

(2) Any function which the President is authorised to exercise may be exercised instead by—

(a) another member of the Service who has been authorised by the President for that purpose;

(b) the secretary of the Service, if authorised by the President for that purpose.

(3) Authorisation under sub-paragraph (1) or (2) may be particular or general.

(4) The Service may establish one or more committees to advise the Service or the President.

(5) The Service may establish one or more committees to which the Service may delegate functions.

Seal

9. The application of the seal of the Service must be authenticated by the signature of the President (or of a person who is authorised under paragraph 8(2) for that purpose).

Evidence

10.—(1) A document purporting to be an instrument issued by the Service and to be duly executed under the Service’s seal or signed by or on behalf of the Service is to be received in evidence and, unless the contrary is proved, taken to be such an instrument.

(2) The Service may administer oaths for the purposes of this Part.

Funding

11.—(1) The Executive Office may make grants under sub-paragraph (2) to the Department (unless the Executive Office itself is the Department).

(2) The grants are to be of such amounts as the Executive Office determines for the purpose of funding—

(a) the costs of exercising the administrative functions of the Service,

(b) payments made under this Part, and

(c) the amounts the Service is required to pay under, or by virtue of, this Part in respect of costs and expenses incurred in connection with applications and appeals;

(3) The Service must pay to the Executive Office all sums received by it in the course of, or in connection with, the exercise of the Service’s functions.

(4) But sub-paragraph (3) does not apply to such sums, or sums of such 35 description, as the Executive Office may direct with the approval of the Department of Finance.

(5) Any sums received by the Executive Office under this paragraph must be paid into the Consolidated Fund.

Annual report

12.—(1) The Service must, as soon as practicable after the end of each financial year, send to the Executive Office a report on the exercise of the Service’s functions during that year.

(2) The Executive Office must, in the case of each report sent to it under this paragraph, lay a copy of the report before the Assembly.

(3) In this paragraph, “financial year” means—

(a) the period beginning with the day on which the Service is established under section 30 and ending with the next 31 March following that date, and

(b) each successive period of twelve months ending with 31 March.

Disqualification from the Assembly

13. In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (disqualifying offices: bodies of which all members are disqualified), at the appropriate place, insert “The Truth Recovery Redress Service”.

Freedom of information

14. In Part 7 of Schedule 1 to the Freedom of Information Act 2000 (offices and bodies in Northern Ireland which are public authorities for the purposes of the Act), at the appropriate place, insert “The Truth Recovery Redress Service, in relation to its administrative functions.”

Public Services Ombudsman

15. In Schedule 3 to the Public Services Ombudsman Act (Northern Ireland) 2016 (listed authorities), under the heading “Miscellaneous”, at the appropriate place, insert “The Truth Recovery Redress Service established under section 30 of the Inquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act (Northern Ireland) 2025.”.

SCHEDULE 2

Section 31

RELEVANT INSTITUTIONS AND RELEVANT YEARS

1. For the purposes of section 31—

a “relevant institution” is an institution listed in the first column of the following table;

the “relevant years for an institution” are the years listed in the second column of the table against the relevant institution (inclusive of both years).

2.—(1) The Executive Office may by regulations—

(a) add or remove an institution to or from the first column of the table in paragraph (along with the relevant years for the institution in the second column);

(b) amend the second column of the table to amend the relevant years for an institution.

(2) Regulations under sub-paragraph (1) may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

SCHEDULE 3

Section 31

ELIGIBLE RELATIVES

1. A person is an eligible relative of the deceased if the person is—

(a) the partner of the deceased (see paragraph 2), or

(b) a child of the deceased (see paragraph 3).

2. In paragraph 1(a), the “partner” of the deceased means—

(a) a person who lived together with the deceased, as if they were spouses or civil partners, for a continuous period of two years or more immediately preceding the deceased’s death, or

(b) if there is no person eligible by virtue of paragraph (a), a spouse or civil partner of the deceased at the time of the deceased’s death.

3. The reference in paragraph 1(b) to a child of the deceased includes a child of the deceased who has been adopted by another person.

SCHEDULE 4

Section 37

STATUS OF PAYMENTS

Income Support (General) Regulations (Northern Ireland) 1987

1.—(1) The Income Support (General) Regulations (Northern Ireland) 1987 are amended as follows.

(2) In regulation 2(1)—

(a) in the definition of “qualifying person”, for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a Truth Recovery Redress payment”;

(b) after the definition of “training allowance” insert—

““Truth Recovery Redress payment” means a payment made under Part 2 of the Inquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act 2025;”.

(3) In regulation 42(4ZB) (payments of income excluded from regulation 42(4)), after sub-paragraph (e) insert—

“(f) a Truth Recovery Redress payment.”.

(4) In regulation 48(10) (payments which are not to be treated as capital), after sub-paragraph (af) insert—

“(ag) which is a Truth Recovery Redress payment;”.

(5) In regulation 51(3B) (payments of capital excluded from regulation 51(3)), after sub-paragraph (f) insert—

“(g) a Truth Recovery Redress payment.”.

(6) In Schedule 9 (sums to be disregarded in the calculation of income other than earnings), in paragraph 39—

(a) after sub-paragraph (1A)(e) insert—

“(f) Truth Recovery Redress payment.”;

(b) in sub-paragraphs (2), (3), (4), (5) and (6), for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a Truth Recovery Redress payment”.

(7) In Schedule 10 (capital to be disregarded), in paragraph 22—

(a) in sub-paragraph (1A), for “or LGBT Financial Recognition Scheme payment” substitute “, LGBT Financial Recognition Scheme payment or Truth Recovery Redress payment”;

(b) in sub-paragraphs (2), (3), (4), (5) and (6), for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a Truth Recovery Redress payment”.

Jobseeker’s Allowance Regulations (Northern Ireland) 1996

2.—(1) The Jobseeker’s Allowance Regulations (Northern Ireland) 1996 are amended as follows.

(2) In regulation 1(2)—

(a) in the definition of “qualifying person”, for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a Truth Recovery Redress payment”;

(b) after the definition of “training allowance” insert—

““Truth Recovery Redress payment” means a payment made under Part 2 of the Inquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act 2025;”.

(3) In regulation 105(10A) (payments of income excluded from regulation 105(10)), after sub-paragraph (af) insert—

“(ag) which is a Truth Recovery Redress payment;”.

(4) In regulation 110(10) (payments which are not to be treated as capital), after sub-paragraph (af) insert—

“(ag) which is a Truth Recovery Redress payment;”.

(5) In regulation 113(3B) (payments of capital excluded from regulation 113(3)), after sub-paragraph (f) insert—

“(g) a Truth Recovery Redress payment.”.

(6) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings), in paragraph 41—

(a) after sub-paragraph (1A)(e) insert—

“(f) Truth Recovery Redress payment.”;

(b) in sub-paragraphs (2), (3), (4), (5) and (6), for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a Truth Recovery Redress payment”.

(7) In Schedule 7 (capital to be disregarded), in paragraph 27—

(a) in sub-paragraph (1A), for “or LGBT Financial Recognition Scheme payment” substitute “, LGBT Financial Recognition Scheme payment or Truth Recovery Redress payment”;

(b) in sub-paragraphs (2), (3), (4), (5) and (6), for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a Truth Recovery Redress payment”.

Social Security (Recovery of Benefits) Regulations (Northern Ireland) 1997

3. In regulation 2(2) of the Social Security (Recovery of Benefits) Regulations (Northern Ireland) 1997 (exempted payments), at the end of sub-paragraph (v) insert—

“(w) any payment under Part 2 of the Inquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act 2025.”.

State Pension Credit Regulations (Northern Ireland) 2003

4.—(1) The State Pension Credit Regulations (Northern Ireland) 2003 are amended as follows.

(2) In regulation 1(2)—

(a) in the definition of “qualifying person”, for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a Truth Recovery Redress payment”;

(b) after the definition of “tax credit closure notice” insert—

““Truth Recovery Redress payment” means a payment made under Part 2 of the Inquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act 2025;”.

(3) In Schedule 2 (housing costs), in paragraph 14(8), after paragraph (be) insert—

“(bf) any Truth Recovery Redress payment;”.

(4) In Schedule 5 (income from capital), in paragraph 15—

(a) in sub-paragraph (1A), for “or LGBT Financial Recognition Scheme payment” substitute “, LGBT Financial Recognition Scheme payment or Truth Recovery Redress payment”;

(b) in sub-paragraphs (2), (3), (4), (5) and (6), for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a Truth Recovery Redress payment”.

Housing Benefit Regulations (Northern Ireland) 2006

5.—(1) The Housing Benefit Regulations (Northern Ireland) 2006 are amended as follows.

(2) In regulation 2(1)—

(a) in the definition of “qualifying person”, for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a Truth Recovery Redress payment”;

(b) after the definition of “training allowance” insert—

““Truth Recovery Redress payment” means a payment made under Part 2 of the Inquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act 2025;”.

(3) In regulation 39(7A) (payments of income excluded from regulation 39(6)), after sub-paragraph (e) insert—

“(f) a Truth Recovery Redress payment.”.

(4) In regulation 43(6) (payments which are not to be treated as capital), after “an LGBT Financial Recognition Scheme payment” insert “, a Truth Recovery Redress payment”.

(5) In regulation 46(4A) (payments of capital excluded from regulation 46(3)), after sub-paragraph (f) insert—

“(g) a Truth Recovery Redress payment.”.

(6) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings), in paragraph 37—

(a) after sub-paragraph (1A)(e) insert—

“(f) Truth Recovery Redress payment.”;

(b) in sub-paragraphs (2), (3), (4), (5) and (6), for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a Truth Recovery Redress payment”.

(7) In Schedule 7 (capital to be disregarded), in paragraph 25—

(a) in sub-paragraph (1A), for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a Truth Recovery Redress payment”;

(b) in sub-paragraphs (2), (3), (4), (5) and (6), for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a Truth Recovery Redress payment”.

Housing Benefit (persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006

6.—(1) The Housing Benefit (persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 are amended as follows.

(2) In regulation 2(1)—

(a) in the definition of “qualifying person”, for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a Truth Recovery Redress payment”;

(b) after the definition of “training allowance” insert—

““Truth Recovery Redress payment” means a payment made under Part 2 of the Inquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act 2025;”.

(3) In Schedule 7 (capital to be disregarded), in paragraph 16—

(a) in sub-paragraph (1A), for “or LGBT Financial Recognition Scheme payment” substitute “, LGBT Financial Recognition Scheme payment or Truth Recovery Redress payment”;

(b) in sub-paragraphs (2), (3), (4), (5) and (6), for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a Truth Recovery Redress payment”.

Employment and Support Allowance Regulations (Northern Ireland) 2008

7.—(1) The Employment and Support Allowance Regulations (Northern Ireland) 2008 are amended as follows.

(2) In regulation 2(1)—

(a) in the definition of “qualifying person”, for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a Truth Recovery Redress payment”;

(b) after the definition of “training allowance” insert—

““Truth Recovery Redress payment” means a payment made under Part 2 of the Inquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act 2025;”.

(3) In regulation 107(5A) (payments of income excluded from regulation 107(3) and (4)), after sub-paragraph (e) insert—

“(f) a Truth Recovery Redress payment.”.

(4) In regulation 112(8)(b) (payments which are not to be treated as capital), after paragraph (v) insert—

“(vi) Truth Recovery Redress payment;”.

(5) In regulation 115(5A) (payments of capital excluded from regulation 115(3) and (4)), after sub-paragraph (f) insert—

“(g) a Truth Recovery Redress payment.”.

(6) In Schedule 8 (sums to be disregarded in the calculation of income other than earnings), in paragraph 40—

(a) after sub-paragraph (1A)(e) insert—

“(f) Truth Recovery Redress payment.”;

(b) in sub-paragraphs (2), (3), (4), (5) and (6), for “or an LGBT Financial Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a Truth Recovery Redress payment”.

(7) In Schedule 9 (capital to be disregarded), in paragraph 27—

(a) in sub-paragraph (1A), for “or LGBT Financial Recognition Scheme payment” substitute “, LGBT Financial Recognition Scheme payment or Truth Recovery Redress payment”;

(b) in sub-paragraphs (2), (3), (4), (5) and (6), for “or an LGBT Financial 40 Recognition Scheme payment” substitute “, an LGBT Financial Recognition Scheme payment or a Truth Recovery Redress payment”.

Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations (Northern Ireland) 2008

8. In regulation 7(2) of the Social Security (Recovery of Benefits) (Lump Sum 5 Payments) Regulations (Northern Ireland) 2008, at the end of sub-paragraph (s) insert—

“(t) any payment under Part 2 of the Inquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act 2025.”.

Universal Credit Regulations (Northern Ireland) 2016

9. In regulation 76 of the Universal Credit Regulations (Northern Ireland) 2016 (special schemes for compensation, etc), after paragraph (1C) insert—

“(1D) This regulation also applies where a person receives a payment under Part 2 of the Inquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act 2025.”.

Powers to amend subordinate legislation not displaced

10. The amendments made to subordinate legislation by this Schedule are without prejudice to any power conferred by any other statutory provision to amend, modify or revoke that legislation.