Government Appeals Ruling on Troubles Legacy Act
The UK government has initiated an appeal against a Belfast High Court ruling that found elements of its contentious Troubles Legacy Act to be unlawful. The primary focus of the challenge is the conditional immunity offered to suspects in exchange for information about crimes committed during the Troubles. This immunity was deemed incompatible with the European Convention on Human Rights (ECHR) in the February ruling.
High Court Ruling and Appeal
In February, the High Court ruled that the proposed amnesty for Troubles-era crimes breached the ECHR. The decision was a significant blow to the government, which had hoped the Legacy Act would resolve lingering issues from the Troubles. The court also struck down the prohibition on new civil cases related to Troubles events, emphasizing the need for compliance with human rights standards.
The government’s appeal, presented by barrister Tony McGleenan, seeks to overturn these decisions. McGleenan highlighted previous failed attempts to address the legacy of the Troubles since the Good Friday Agreement of 1998, stressing the need for a viable solution.
Reaction from Families and Advocacy Groups
Families affected by the Troubles, who welcomed the High Court’s February ruling, remain resolute in their opposition to the Legacy Act. Relatives gathered outside the Court of Appeal on Tuesday, calling on the Labour Party to repeal the act should they come to power. Martina Dillion, whose husband was killed in a paramilitary attack in 1997, was among those advocating for the reinstatement of inquests into unresolved deaths, a provision removed by the Legacy Act.
Dillion emphasized the injustice of removing victims’ rights to inquests, stating, “Every victim that’s entitled to an inquest, they should be getting it, it shouldn’t have been taken away.”
Political and Advocacy Stance
Labour Party leader Sir Keir Starmer has pledged to repeal the Legacy Act if he becomes Prime Minister. Dillion expressed confidence in this promise, saying she has no choice but to trust the Labour Party’s commitment.
Amnesty International’s deputy director in Northern Ireland, Gráinne Teggart, supported this call, urging the next UK government to prioritize the repeal of the Legacy Act and implement victim-centered processes. Teggart highlighted ongoing concerns about the Independent Commission for Reconciliation and Information Recovery (ICRIR), established by the act to handle new investigations into Troubles-era killings and serious injuries.
Teggart stated, “We need Article 2 compliant investigations so that victims can finally get truth and justice for their loved ones.”
The Legacy Act and Its Controversy
The Northern Ireland Troubles (Legacy and Reconciliation) Act, enacted in 2023, aimed to address the unresolved issues from the 30-year conflict that claimed over 3,500 lives. Initially proposed by former Prime Minister Boris Johnson in 2021, the act sought to end what he described as “vexatious prosecutions” of former soldiers.
Key provisions of the act included:
- Offering immunity from prosecution to suspects cooperating with new investigations.
- Halting all Troubles-related inquests not yet concluded by May 1, 2024.
- Prohibiting new civil cases related to Troubles events post-May 2024.
- Establishing the ICRIR to investigate deaths and serious injuries from the Troubles.
The High Court’s ruling in February invalidated the immunity provision and the ban on new civil cases, sparking widespread opposition from victims’ groups, political parties in Northern Ireland, the Labour Party, and the Irish government. Critics argue that the act denies justice to victims and survivors. In December, the Irish government challenged the act at the European Court of Human Rights, although the UK government maintains that the act complies with human rights standards.
As the appeal progresses, the debate over the Troubles Legacy Act continues to evoke strong emotions and calls for justice from those most affected by the conflict.