It may not be possible to properly investigate and review Northern Ireland’s violent past within five years, prosecutors said.
The timeframe was suggested in the Government’s draft proposals for a new Historical Investigations Unit (HIU) legacy body to seek opportunities for fresh prosecutions.
The Public Prosecution Service (PPS) said the current system was not working and highlighted the amount of resources required and whether enough staff could be recruited.
It said: “The experience of the PPS would indicate that this timeframe may not be achievable.
“It is important to recognise that the process of taking decisions as to prosecution and conducting cases (and potentially appeals and re-trials) is one that could continue for a number of years after the HIU submits its final report to the PPS.
“It is essential that the PPS continues to receive the investigatory support required to conduct any such proceedings and that the funding window is sufficiently long to cater for this reality.”
The draft Bill published by Karen Bradley’s Northern Ireland Office provides for an initial investigatory phase of five years, which can be subject to one year extensions.
The PPS said current processes were “disjointed” and institutions insufficiently funded to deliver within acceptable timeframes.
“It is clear that the current system is not working in the sense that there are large backlogs of cases that have developed within the relevant investigating agencies that cannot be progressed in satisfaction of the legal obligations that apply.
“Whilst the investigative ‘bottlenecks’ have acted as somewhat of a buffer for the PPS, our current legacy caseload is putting extreme pressure on our existing resources and undoubtedly impacting upon our ability to expeditiously progress both legacy cases and other serious and complex casework simultaneously.
“The receipt of further complex legacy cases (including separately funded and resourced investigations such as Operation Kenova and Operation Klina) will, in the absence of additional resources, only exacerbate the current position.”
It said legacy resources should be made available as soon as possible.
“Northern Ireland is a small jurisdiction and the pool of criminal lawyers with the necessary experience to undertake this type of work is limited.
“If legislation is brought forward to create an HIU the PPS will be considering a range of options in terms of recruitment which may include trying to attract experienced lawyers from outside the jurisdiction and the development of training programmes.
“At this stage the extent to which the PPS can be successful in doing so is unclear.
“It is imperative that any future impact assessment of the delivery of new institutions gives careful consideration to the consequences for the PPS having regard to the case volumes that fall, or may fall, within their remit.”
The NIO’s consultation on addressing the legacy of the past closed on Friday.
