The King’s Speech - Northern Ireland Legacy Legislation

July 17th, 2024, King Charles III

Please see below the background briefing notes on the Northern Ireland Legacy Legislation section of the King’s Speech outlining the Government’s proposals in more detail than the Speech itself.

“In consultation with all parties, measures will be brought forward to begin the process of repealing and replacing the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023”

 ● The Legacy Act denies justice to the families and victims of the Troubles. As our manifesto made clear, the Government is committed to addressing the legacy of the past in a way that can obtain the support of victims and survivors, and comply with our human rights obligations.

● This means repealing and replacing the Legacy Act - in particular, those sections which have been most vehemently opposed by victims and survivors and found deficient by the court, such as the conditional immunity provisions.

 What does the legislation do?

● We will work with all parties and communities in Northern Ireland to put in place a framework to deal with the legacy of the past.

● We cannot repeal the Act in its entirety without anything to replace it. The Northern Ireland High Court has found the Independent Commission for Reconciliation and Information Recovery to be independent and capable of conducting human rights compliant investigations, but the Government will explore options to strengthen its independence.

● We will repeal the conditional immunity scheme, which has been found by the Northern Ireland High Court to be incompatible with the UK's obligations under the ECHR. Following consultation with all parties, we will reverse the policy prohibiting victims and families from bringing civil claims. And we will set out steps to allow the Troubles-era inquests that were prematurely halted to resume.

● This will be the first step towards delivering the Government's manifesto commitment to repeal and replace the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023. Further legislation will follow after consultation with the Northern Ireland political parties, the Irish Government and all communities in Northern Ireland.

Territorial extent and application

● The territorial extent of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 is UK-wide and mostly applies in Northern Ireland.

Key facts

● Over 3,500 people were killed during the Troubles. Republicans were responsible for approximately 60 per cent of the deaths, loyalists for 30 per cent and security forces for 10 per cent.

● Many victims and families remain without answers about what happened to them or their loved ones during the Troubles.

● The Northern Ireland High Court recently found the conditional immunity

provisions of the Act to be incompatible with human rights. Several other

provisions were also found to be incompatible.

● The Government has committed to returning to the principles of the Stormont

House Agreement, which found relative consensus among the Northern Ireland

parties and victims and survivors.

● The Irish Taoiseach, Simon Harris has said that he “welcome[s] the commitments that the incoming British government has given in relation to replacing the Legacy Act.”