UK Govt withdraws appeal of Legacy Act’s controversial immunity provisions but retains the ICRIR

John Manley, Political Correspondent, Irish NEWS July 30th, 2024

THE British government has withdrawn its appeal against elements of a court ruling that found its legacy legislation wasn’t human rights compatible.

However, the new Labour administration will continue to challenge the Belfast Court of Appeal’s findings that parts of the Northern Ireland Troubles (Legacy and Reconciliation) Act breached the region’s post-Brexit arrangements.

Secretary of State Hilary Benn said the decision to pursue the appeal was on a “technical point of law” and about clarifying the ruling’s potential impact on future legislation.

The Labour government has pledged to repeal and replace the legislation passed by Westminster last September, which offered conditional immunity to perpetrators of crimes during the Troubles.

It has also committed to reversing the act’s contentious ban on conflict-related civil cases and inquests.

The High Court in Belfast ruled in February that elements of the legacy legislation, which saw the establishment of the Independent Commission for Reconciliation and Information Recovery (ICRIR), were incompatible with the European Convention on Human Rights.

In a written statement to the House of Commons yesterday, Mr Benn said dropping the appeal on the incompatibility with the ECHR was the “first step” in fulfilling Labour’s manifesto commitment.

He said victims and survivors felt “ignored” by the previous Tory administration’s approach to legacy, which he said “has been clearly rejected across communities” and by all political parties in Northern Ireland.

The secretary of state said Labour would adopt a “different approach” that underlined an “absolute commitment” to the human rights act, and to establishing legacy mechanisms that had widespread support.

He indicated again that the ICRIR will remain but with changes to its structures.

Mr Benn said its success would be determined by “its ability to deliver justice, accountability, and information to victims and survivors”.

“It is also clear, however, that to achieve these objectives, the ICRIR will need to gain the confidence of victims and survivors in its work,” he said.

Sinn Féin MLA Gerry Kelly said the British government needed to deliver on its commitment to scrap the legacy act and implement the mechanisms agreed at Stormont House a decade ago.

He said the ICRIR did not have the confidence of most victims and survivors.

“The legacy mechanisms agreed at Stormont House by the two governments and political parties in 2014 provided for two separate mechanisms to conduct independent investigations and facilitate information recovery, with both bodies attracting political and public endorsement via the agreement and the subsequent public consultation,” he said.

It is also clear, however, that to achieve these objectives, the ICRIR will need to gain the confidence of victims and survivors in its work

SDLP leader Colum Eastwood said the Tory administration had no support for its “attempt to shut down access to truth and justice”.

“We now need a process that puts victims and survivors first – the SDLP will work with every party and with the secretary of state to make that happen,” he said.

Alliance justice spokesperson Stewart Dickson said: “It is vital anything has the support not only of local political parties but the victims and survivors of the Troubles, whose views remain paramount on this matter.”

New government drops challenge to High Court ruling against Legacy Act

Belfast Telegraph, July 30th, 2024

SECRETARY of State Hilary Benn has announced the government has ditched an appeal against a High Court judgment that struck out parts of the controversial Legacy Act. A conditional immunity provision within it for perpetrators of crimes during the Troubles was found to be incompatible with the Human Rights Act in February. The previous Tory government had launched a challenge to the ruling. The legislation was strongly opposed by all the local parties, victims' groups, and the Irish Government, which launched an inter-state case against the UK to the European Court of Human Rights (ECHR).

Mr Benn said: “Victims and survivors have felt ignored by the previous government's approach to legacy, which has been clearly rejected across communities in Northern Ireland.

“The conditional immunity provisions, in particular, have been opposed by all of the Northern Ireland political parties and by many victims and survivors, as well as being found by the court to be unlawful.” He said the move demonstrated the new government's “different approach”, highlighting its commitment to the Human Rights Act.

Mr Benn added: “The government will now begin preparations to address the incompatibility findings of the High Court, which will include laying a draft remedial order under section 10 of the Human Rights Act 1998 to remove offending provisions from the statute book.

“The Northern Ireland Office has begun work on this, with a view to laying the draft order in Parliament as soon as parliamentary time allows.”

The government has committed to reverse a prohibition on bringing new civil proceedings, which had been blocked from May 1, and to propose measures to allow inquests halted by the Act to proceed.

However, it does have confidence in the Independent Commission for Reconciliation and Information Recovery (ICRIR). Mr Benn said it would be “irresponsible” to repeal the entire Legacy Act without anything to replace it. He added: “The success of the ICRIR will, ultimately, be determined by its ability to deliver justice, accountability and information to victims and survivors of the Troubles.

“Under the leadership of Sir Declan Morgan as chief commissioner, the government has confidence in its ability to do so.

“It is also clear, however, that to achieve these objectives, the ICRIR will need to gain the confidence of victims and survivors in its work.

“The government will consult on measures to strengthen the ICRIR's independence from government and its powers.” Further consultation is to be carried out with victims, survivors and others. Mr Benn said: “This will, of course, include engagement with the Northern Ireland political parties and with the Irish Government, with whom the UK Government is committed to working in partnership in seeking a practical way forward that can command support across communities in Northern Ireland and beyond.

“This will include veterans, recognising the dedicated service of the vast majority of police officers, members of the armed forces, and the security services who did so much to keep people in Northern Ireland safe during the Troubles.”