Explanatory note

These Regulations provide for the retention of biometric material, which would otherwise be destroyed, for use by the Independent Commission for Reconciliation and Information Recovery (“the ICRIR”).

Regulation 3 designates collections of biometric material for the purposes of section 35 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41) (“the Act”). It also provides that the biometric material in the designated collections which would otherwise be required to be destroyed by the destruction provisions (as defined in section 35(4) of the Act) must not be destroyed and must be retained. This material is “preserved material” for the purposes of the Regulations.

Regulation 4 provides that preserved material may be used for the purposes of, or in connection with, the exercise of the relevant ICRIR functions. The relevant ICRIR functions are defined as the ICRIR functions listed in section 2(5) of the Act except the function of producing the historical record.

Regulation 5 requires the ICRIR to carry out periodic reviews of the need to retain preserved material. Where the ICRIR determines that there is no need to retain preserved material then regulation 5 provides that the ICRIR must give notice to the person holding the material that it is to be destroyed. In addition, within a reasonable period after the conclusion of the ICRIR’s work in connection with the relevant ICRIR functions, the ICRIR must notify persons holding preserved material that the preserved material is to be destroyed. Persons in receipt of a notice requiring destruction of preserved material must destroy the material specified in the notice as soon as reasonably practicable.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.