‘It is the strong position’ of Irish Govt that British Legacy Act is incompatible with the European Convention on Human Rights

Below is the text of the reply the Truth Recovery Process has received from the Tánaiste’s office in response our request for a response to Lord Caine’s article entitled ‘While not perfect, the Legacy Act is best way to deal with the past', published in yesterday’s Belfast Telegraph

On behalf of the Tánaiste and Minister for Foreign Affairs, Mr Micheál Martin TD, I would like to thank you for your correspondence.

Addressing the legacy of the past, and ensuring that victims and families of the Troubles can access avenues to truth and justice is a fundamental part of the peace process, and a priority for this Government. Twenty-five years on from the Good Friday Agreement, it is a matter of great regret that more substantial progress has not been made on this issue, and that many families remain without definitive answers. 

In this context, the British Government's decision to walk away from the collectively agreed approach on legacy outlined in the 2014 Stormont House Agreement and to pursue the Northern Ireland Legacy (Troubles and Reconciliation) Act 2023, which effectively closes down existing pathways to truth and justice, is deeply concerning. While I acknowledge that these mechanisms were far from perfect, and the challenges that many encountered in dealing with them, they have delivered important outcomes for many families. By removing this avenue, this legislation will ensure that the past remains a source of contention, suspicion and mistrust, undermining the reconciliation we have worked so hard to progress.

The Irish Government’s approach to legacy and reconciliation has always been that it should be victim-centred, and based on a partnership approach, with the 2014 Stormont House Agreement as a starting point. At every opportunity, the Government has made it clear to the British Government that it was ready to engage on restoring a collective way forward on legacy issues. It remains a matter of deep regret that the British Government did not substantially engage with this, and continued to pursue a unilateral approach.

It is the strong position of this Government that this legislation is not compatible with the European Convention on Human Rights, and will undermine reconciliation in Northern Ireland. It is for this reason, that the Government has taken the decision to initiate an inter-State case against the UK Government at the European Court of Human Rights.

This was not a decision that was taken lightly. However, the Government has always taken the position that the needs and concerns of victims should be at the heart of any approach to legacy. The strong opposition to this Act expressed by victims and families was a key factor in the decision to initiate an inter-state case.

With this case, the Government will go directly to the European Court of Human Rights and the Government are confident that the Court will find that the Act breaches the UK's obligations under the Convention.

Private Secretary to the Tánaiste and

Minister for Foreign Affairs