This hearing was held on 18 March 2025 to address concerns raised by non-state core participants (NSCPs) who felt that the Inquiry timetables were creating unworkable deadlines and intolerable pressure on those submitting statements for Tranche Three.
A joint letter, signed by 92 NSCPs, was submitted to the Inquiry on 10 March 2025, stating that if there was no substantive engagement by the Inquiry, there was a collective will from NSCPs to cease submitting their evidence until there was fairness for all.
Background
In 2024, the Inquiry began issuing Rule 9 requests to non-state core participants who had evidence to give in Tranche 3. However, it was beset by slow disclosure of the necessary material from the Inquiry.
When the disclosure did finally arrive after multiple delays, NSCPs were told that they had only six weeks to submit statements in response.NSCPs were keen to highlight that this was after having waited many years to receive disclosure.
On 7 February 2025, the Inquiry announced the postponement of Tranche 3 hearings from April 2025 to October 2025. The Inquiry assured core participants that this would enable the Inquiry to properly address the disclosure issues. However, despite the postponement of the hearings, the deadlines remained the same for NSCPs.
This NSCPs stated was completely unfair. They had been unable to plan properly and due to the chaotic inquiry disclosure process, were finding their lives disrupted. All had jobs or other responsibilities, and simply could not respond to the Inquiry’s demands at such short notice.
In addition, the disclosure contained material that impacted them psychologically or even retraumatised them. The disclosure deadlines did not take this into account Furthermore, some material contained false and potentially defamatory accusations made by the undercover officers, so requests for restrictions on this type of content also had to be filed at the same time.The Inquiry had also denied legal representatives any funding to prepare statements in advance.
This was compounded by a threat on 7 March 2025 to de-designate or defund those NSCPs who were unable to make the Inquiry’s deadlines. It was also the Inquiry’s position that the deadlines imposed were unmovable because they had to prepare for the October hearings.
The letter and hearing
As a result, a collective statement was issued to highlight the problems, with many not directly affected signing in solidarity. The statement was delivered to the Inquiry on 10 March 2025, stating there was a collective will to stop cooperating until the matter was properly addressed.
With statement deadlines imminent, the Inquiry reacted by calling a Directions Hearing for 18 March 2025, a remarkably short turnaround for them.
Prior to the hearing, the Inquiry Chair, Sir John Mitting, made it clear his focus was only on individual cases where NSCPs needed more time to complete statements. As a result, the majority of the day was focused on individual requests from lawyers representing various NSCPs.
A number of parts were held in close due to there being sensitive issues raised. As a result of the hearing, Mitting made a number of rulings from the chair setting new deadlines for submissions of statements into April and May, and in some cases to June.
The general position was set out by the Non-State Core Participants Coordinating Group. Complaints were also made about the Inquiry’s disclosure platform, Epiq and its lack of key functions, which was slowing down essential work on documents.