The British government’s proposed new legacy laws give it “maximum control” over public disclosure of sensitive information and that should be changed, according to a new report.
A failure to do so could “hamper” the ability of the new arrangements to “build and maintain trust”.
The recommendation is one of a number in scrutiny of the Northern Ireland Troubles Bill by Westminster’s Joint Committee on Human Rights.
The committee of members of the Lords and Commons says the bill should be amended so that the power to decide on the disclosure of sensitive information to families passes to a judicial figure.
Under the existing proposed legislation, it rests with the Northern Secretary.
Critics argue it gives him a right of veto over what is disclosed on the grounds of “national security”, including over things like the involvement of state agents in murders and other crimes.
The report says holding onto the disclosure power could create “mistrust” in the British government’s motives.
Westminster’s Joint Committee on Human Rights says the power should be passed to judicial figures in the Legacy Commission which will conduct future investigations.
The Northern Secretary could then challenge any disclosure decision if they felt it necessary.
Those judicial figures should also be appointed by an independent panel rather than the Northern Secretary, the report says.
That would ensure they command public confidence in their independence.
The issue of disclosure has been central to the debate around new legacy arrangements for Northern Ireland.
The proposed new bill is currently making its way through Westminster.
The UK government has said it will bring a raft of amendments to the bill forward shortly.
It says these will include greater protections for British Army veterans.
The report says that while veterans have “sincerely held concerns” about Troubles legacy process, allegations of “lethal wrongdoing” must be open to investigation.
The report suggests that the UK government amends the legislation to require the consent of the UK Attorney General to prosecute future Troubles related cases.
“This approach could add an extra layer of assurance that there is accountability for prosecution decisions in this sensitive area.”
The report makes a range of other recommendations, including that the restriction on who can ask the legacy commission to carry out an investigation be extended to include wider “next of kin”.
It also says there should be greater clarity about future funding.