Irish government launches legal challenge against UK’s Northern Ireland Legacy Bill
The Irish government is to bring a legal case against the UK under the European Convention on Human Rights (ECHR).
The inter-state case is over the UK‘s decision to bring in the Northern Ireland Troubles Legacy Act, deputy prime minister Micheal Martin has confirmed.
The act became UK law in September 2023. It looks to end legal proceedings relating to the Troubles by granting immunity to people who cooperate with the new Independent Commission for Reconciliation and Information Recovery (ICRIR).
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On the UK side, the move was welcomed by soldiers and their families, following various historical prosecutions.
But there were warnings it would breach human rights law, as granting amnesties has previously been found by the European Court of Human Rights (ECtHR) to be incompatible with a country’s obligation to have a way for unnatural deaths and allegations of torture to be investigated.
Complying with the ECHR is part of the Good Friday Agreement.
Victims refuse to choose between truth and justice in Northern Ireland
David Blevins
@skydavidblevins
It was 1971 when the Irish government last took a case against the UK government to the European Court of Human Rights.
Five decades on, the highly controversial Legacy Bill was opposed by every victim’s group and political party in Northern Ireland.
By granting a conditional amnesty to those accused of historical offences, it contravenes the European Convention on Human Rights.
The convention, which obligates countries to pursue justice for unnatural deaths, is an element of the Good Friday Agreement.
To put it simply, the act is not deemed compatible with either the convention or the Good Friday Agreement.
The UK government was under pressure to end any prosecution of military veterans who had served in Northern Ireland.
But the act also grants immunity from prosecution to the very terrorists who once murdered soldiers in Northern Ireland.
The amnesty is subject to participation with a truth recovery body, but victims refuse to choose between truth and justice.
‘People in Northern Ireland oppose UK law’
Mr Martin said the Irish government’s decision was made “after much thought and careful consideration”.
He added: “I have consistently adopted a victims-centred approach to this issue. We are not alone in our concerns.
“Serious reservations about this legislation have also been raised by a number of international observers, including the Council of Europe’s Commissioner for Human Rights and the UN High Commissioner for Human Rights.
“Most importantly, this legislation is opposed by people in Northern Ireland, especially the victims and families who will be most directly impacted by this act.
“In particular, we have concerns around provisions which allow for the granting of immunity, and which shut down existing avenues to truth and justice for historic cases, including inquests, police investigations, Police Ombudsman investigations, and civil actions.
“Even in cases in which immunity is not granted, ‘reviews’ by the proposed body, the Independent Commission for Reconciliation and Information Recovery, are not an adequate substitute for police investigations, carried out independently, adequately, and with sufficient participation of next of kin.”
But Northern Ireland Secretary Chris Heaton-Harris said the UK government “profoundly regrets the decision taken by the Irish government today to bring this unnecessary case against the UK”.
“The decision comes at a particularly sensitive time in Northern Ireland,” he said. “It did not need to be taken now, given the issues are already before the UK courts.”
“While this step is disappointing, it is one for which the UK government was prepared. The UK government remains confident that the Act provides a robust and effective framework to allow the ICRIR to discharge our legal obligations.
“The bilateral relationship with Ireland is, and always will be, one we value deeply.
“Despite this misguided action, we will continue to work to minimise the consequences and protect the interests of the people and businesses that bind us together.”
Prime Minister Leo Varadkar said the attorney general’s advice on the matter is “very strong” – and that the UK is “in breach of the UN Convention on Human Rights”.
When the act was passing through parliament, the UK’s Northern Ireland Office said it believed the law was in compliance with the ECHR.
This was due to the immunity being matched with the investigatory power of the ICRIR.
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From September:
Bill approved by MPs – but legal fight could be coming
UK defends law to ‘further reconciliation’
The UK government stated at the time that “there is some support for the concept of amnesties in ECtHR jurisprudence, which recognises that the use of an amnesty can further the objective of reconciliation”.
According to the House of Commons Library, the act “would create a conditional immunity scheme, providing immunity from prosecution for Troubles-related offences for individuals that cooperate by providing information to the ICRIR”.
“Future prosecutions would only be possible where immunity was not granted, following a referral from the ICRIR.
“However, it will not be possible to grant immunity to an individual who has already been convicted, or if a prosecution has already begun against them.”
It would also:
• Prevent non-ICRIR investigations into events from the Troubles;
• Prevent Troubles-era prosecutions not involving death or serious injury;
• Stop civil claims related to Troubles-era conduct;
• Stop non-advanced inquests continuing and any new inquests starting;
• Start a programme of memorialisation of the Troubles.
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Colum Eastwood, the leader of the nationalist SDLP, welcomed the move from the Irish government, saying: “No political party or institution on this island supports the British government’s approach to addressing the legacy of the past.”
More than 3,500 people were killed during the Troubles, including over 1,000 members of the security forces.