Kenova lead, former Chief Constable Jon Boutcher has provided an update to families on the progress of the release of its the interim report.
Kenova is an independent investigation currently examining historic offences which occurred during the Troubles, including more than 200 murders as well as kidnaps and torture.
In October, he released a protocol outlining the eight-stage process for release of the reportand confirmed in a letter to every affected family today (Thursday, April 6) that it is nearing the end of Stage 2 – the representations process (see below for key stages).
Mr Boutcher said: "This stage has taken longer than I had hoped, however, it is essential it is done fairly whilst also ensuring it is expedited without undue delay. I must demonstrate all reasonableness towards those I have criticised before moving to the security checking phase.
"While the representations process is confidential, I’m confident that no criticism I have made has yet been lost or diluted.
"Although I am disappointed with the delay, I wish to reassure victims and families that I have exercised due diligence with the representations process in the interests of the propriety of the report and will move into security checking next month.
"I am currently unable to give a timescale for completion of the security checking, but I can assure you that I do not foresee a protracted process ahead. As I have previously explained, I do not consider that the report contains any information that gives rise to a valid national security concern although I will of course consider any points raised with care."
Included in the eight stages are:
Stage 2 - The representations process (commonly referred to as Maxwellisation) for those criticised.
Every person or body who is criticised in or might be adversely affected by a draft report is given an opportunity to respond to the relevant passage(s), or a summary of them, prior to publication, unless they have already been given a fair opportunity to do this in person or writing. In this regard, we follow the guidance helpfully set out in the “Review of Maxwellisation” commissioned and published by the House of Commons Treasury Committee and dated November 2016. This makes clear that the representations process should not be seen as, or become, an opportunity for participants to seek to “negotiate” findings or the terms in which they are expressed.
Stage 4 - Security checking.
It will be necessary to consult the Cabinet Office (on behalf of HM Government) about whether publication of any information in a draft report would be contrary to the public interest or prejudicial to national security interests. For the avoidance of doubt, the security checking process will be confined to public interest considerations, it will not extend to issues of fairness or accuracy falling within the representations process, it will be a consultation exercise in the same way as the representations process and it will not involve the exercise of any power of executive censorship or veto “as of right”.
Stage 6 - The avoidance of prejudice to ongoing criminal cases.
Final reports will be published at the conclusion of any relevant criminal justice process, but the interim report is being prepared for earlier publication and this will only be possible if PPSNI, PSNI and (if and to the extent appropriate) PONI are satisfied that publication will not prejudice any ongoing criminal investigation or proceeding. If a risk of prejudice were identified and it could be avoided by the amendment or redaction of the interim report, we would, of course, explore the scope for doing this and for reserving any withheld material for a final report.
Mr Boutcher also gave assurances to families affected by the Barnard Review, an analytical review of alleged offences committed by the Glenanne Gang and estimates the review will be concluded early in 2024 before moving into the pre-publication protocol process.
He added: "Kenova continues to enjoy the confidence of victims, bereaved families and stakeholders across all backgrounds from the Troubles. My team and I remain utterly dedicated to the task of delivering our findings both directly to victims and families, and more broadly through my public reports. I am happy to confirm that the chief constable of the PSNI has fully supported the Kenova protocol reporting process and has repeated his commitment to support the Glenanne review to its conclusion.
"In the forthcoming days we will see various events during Easter and into next week to celebrate the huge achievement of the Good Friday Agreement and the peace process. I am very conscious that this will bring sad memories of a loved one lost and of lives forever changed through the violence of the Troubles. My thoughts and those of my team will be with everyone impacted on this poignant anniversary."