Legacy Act row may end brief Honeymoon between London and Dublin

Benn: ICRIR has ‘teeth’ to probe Brown murder

Rebecca Black AND Claudia Savage, Irish News, September 17th, 2024

A new body set up to probe Troubles murders has the necessary “teeth” to probe the loyalist killing of GAA official Sean Brown, the secretary of state last night insisted.

There was disappointment last week when it emerged the British government will not order a public inquiry into the abduction and killing of the 61-year-old as he locked the gates at Bellaghy Wolfe Tones Club in Co Derry in May 1997. No-one has ever been convicted of his murder.

Earlier this year, a coroner said his ability to examine the death of Mr Brown had been “compromised” by the extent of confidential state material being excluded from the proceedings on national security grounds.

Preliminary inquest proceedings had already heard that in excess of 25 people had been linked by intelligence to the murder, including several state agents. It had also been alleged in court that surveillance of a suspect in the murder was temporarily stopped on the evening of the killing, only to resume again the following morning.

Coroner Mr Justice Kinney said he would write to the secretary of state to call on London to establish a public inquiry into the loyalist murder.

Hilary Benn yesterday said the Independent Commission for Reconciliation and Information Recovery (ICRIR), set up as part of the previous government’s controversial legacy act, could examine the case. “There is an alternative route available, which is the independent commission,” he said.

“The thing about the independent commission is it’s up and running, it’s available to carry out investigations and the recovery of information, it has the power to get all the information it needs to look at a particular case, it has the power to summon witnesses, they must turn up and answer questions, and it is also developing a proposal to hold hearings in public.

He went on to say: “It does have the teeth, because it can look at all of the information, and that’s crucial.”

Last week, Mr Benn announced that a public inquiry would be established into the murder of solicitor Pat Finucane, who was shot dead in front of his family at his north Belfast home in 1989.

The attack, carried out by the UDA , was found by a series of investigations to have involved collusion with the state.

“ It does have the teeth, because it can look at all of the information, and that’s crucial

Yesterday, Mr Benn said the circumstances in that case are different because in 2001 the British and Irish governments agreed to hold a public inquiry into a number of deaths, including that of Mr Finucane.

“That was offered to the Finucane family in 2004 by the previous Labour government. For reasons, it wasn’t possible to reach agreement with them on the form of that inquiry,” he said.

“This is exceptional because of a previous commitment that was given, and it was right that we should honour an agreement we reached with the Irish government and finally fulfil the offer the Labour government made in 2004 to the Finucane family.”

Martin is ‘not yet convinced’ Labour will repeal legacy act

Jonathan McCambridge, Irish News, September 18th, 2024

TÁNAISTE Micheál Martin has said he is not yet convinced that the new Labour government will fully repeal the previous administration’s controversial act to deal with the legacy of the Troubles. Mr Martin said that there had to be a new framework to deal with legacy which included an investigative as well as an information retrieval arm.

He also backed calls by the family of murdered GAA official Sean Brown for a public inquiry into his death.

Labour has said that it will repeal the legacy act which was introduced by the Tories and which halted scores of civil cases and inquests into Troubles deaths.

Secretary of State Hilary Benn has said he will restore inquests and civil cases but has also pledged to retain the truth recovery body established by the act – the Independent Commission for Reconciliation and Information Recovery (ICRIR). The establishment of the Commission was criticised by the families of Troubles victims and political parties in the north.

Last week, Mr Benn announced that a public inquiry would be established into the murder of solicitor Pat Finucane, who was shot dead in front of his family at their Belfast home in 1989. However, he rejected a call for a similar inquiry into the murder of Mr Brown in 1997 and has advised the family to speak to the ICRIR.

Mr Martin told RTÉ’s Morning Ireland programme that he wanted to see a public inquiry into the killing. He added: “I see the dilemmas generally in relation to legacy.

“I think we lost about four years with the British Conservative government’s decision to unilaterally develop a new legacy act.

“The current government is saying it is going to repeal and replace Tánaiste and Minister for Foreign Affairs and Defence Micheál Martin spoke about the need for a new framework to deal with legacy that. I’ve entered into discussions with Hilary Benn on that.”

Mr Martin said: “I am backing the (Brown) family, and I’m also backing a stronger Legacy Act, which would have an investigative arm to it as well as an information retrieval arm.

“That’s the key issue, because there’s many people out there, there are many victims of Provisional IRA violence, that have had absolutely no closure in 25 years, (victims) of loyalist paramilitaries that have no closure and of state collusion.” He added: “So, what I’m pushing for with Hilary Benn is once and for all can we get a legacy act, can we get a legacy framework.”

Mr Martin was asked if he was convinced Labour would repeal the Legacy Act. “The current government is saying it is going to repeal and replace that. I’ve entered into discussions with Hilary Benn on that”. He said: “I’m not convinced yet. “I think the discussions we have had suggest that they’re mulling over the nature of the reforms of the ICRIR, which is the body that has been created in the last Act, which many victims groups have concerns about.”

The Dublin government has brought an interstate legal case against the UK, claiming the new legacy laws breach the European Convention on Human Rights (ECHR). “It [the legal challenge] is still active”, he said. “The British government has indicated that they will be bringing forward legislation to amend the act and to also put flesh on the bone of the proposals that they’ve already announced.”

New ICRIR chief ’s vow to victims

Rebecca Black, Irish News, September 18th, 2024,

THE new head of a body tasked with investigating Troubles deaths has pledged to support victims, survivors and their families. Louise Warde Hunter has been appointed as the chief executive and commissioner of the Independent Commission for Reconciliation and Information Recovery (ICRIR).

She previously led Belfast Metropolitan College and across a number of government departments.

Ms Warde Hunter said she was honoured to join the ICRIR and support its mission to “serve those who have been bereaved or seriously injured through the Troubles in seeking answers and justice”.

She follows Tristan Pedelty, who served as the interim chief executive officer.

ICRIR chief commissioner Sir Declan Morgan said: “Louise joins us as we move from our establishment into meeting the commitments we have made to those who have come to us about investigating their cases thoroughly and in accordance with the framework and policies that we have set out.

“Her focus on embedding a trauma and resiliency-informed approach and ensuring that the commission serves those who come to us so that we earn their trust is an important addition to the commission’s leadership.”

Commissioner for Investigations Peter Sheridan said: “I look forward to working with Louise to support all those who come to us through our trauma and resiliency informed approach, and in pursuit of obtaining information and answers for them in line with what the commissioners have set out.” Louise Warde Hunter