NORTHERN IRELAND Secretary Hilary Benn has outlined the steps the British Government will take to repeal and replace the controversial Legacy Act.
Following his election earlier this month, Prime Minister Keir Starmer was quick to announce his intention to scrap the Troubles legislation put in place by the previous Conservative government, which was widely criticised by all political parties in Nothern Ireland and in the south.
Yesterday, Mr Benn provided an update in parliament on the government’s approach to removing the most troublesome elements of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, including the immunity it provided for those guilty of Troubles crimes and the removal of the right for the families of those killed during the conflict to seek inquests or investigations into those deaths.
Northern Ireland Secretary Hilary Benn“The Government has today written to the Northern Ireland Court of Appeal to formally abandon all its grounds of appeal against the section 4 Human Rights Act declarations of incompatibility made by the Northern Ireland High Court in relation to the Act,” Mr Benn said.
“The declarations of incompatibility that the Government is no longer challenging include those relating to the conditional immunity provisions, which could - had they not been struck out by the High Court - have seen individuals being granted immunity from prosecution for providing information about Troubles-related deaths and serious injuries,” he explained.
“This is the first step in fulfilling the Government’s manifesto commitment to repeal and replace the Act,” Mr Benn told the House of Commons.
“Victims and survivors have felt ignored by the previous Government’s approach to legacy, which has been clearly rejected across communities in Northern Ireland,” he added.
“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.
"The action taken today to abandon the grounds of appeal against the section 4 Human Rights Act declarations of incompatibility demonstrates that this Government will take a different approach.
“It underlines the Government’s absolute commitment to the Human Rights Act, and to establishing legacy mechanisms that are capable of commanding the confidence of communities and of victims and survivors.”
Prime Minister Keir Starmer has made repealing the controversial Legacy Act a priority since taking officeMr Benn further confirmed that the government had begun preparations to “remove offending provisions” from the statute book but added that “it would be irresponsible to repeal the Act in its entirety without anything to replace it”.
Instead the Government has proposed to keep the newly established Independent Commission for Reconciliation and Information Recovery (ICRIR), which the High Court previously found to be “independent and capable of conducting human rights compliant investigations”.
“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,” Mr Benn explained.
The Government is also “considering options” to allow those inquests which were closed without conclusion due to the Legacy Act to be reopened.
“We are acutely aware of the distress that the cessation of live inquests in particular has caused those families and will consider all possible options to ensure those cases can conclude satisfactorily,” Mr Benn said.
“We will also consider the best way forward for those inquests involving a significant amount of sensitive information which were unable to conclude within the coronial system.”
NI Secretary Hilary Benn and Tánaiste Micheál Martin discussed the Legacy Act during their first formal meeting earlier this monthHe added: "Effectively addressing the legacy of the past is hugely important, not just for those victims and survivors who continue to pursue answers, but for society in Northern Ireland to be able to move forward."
Welcoming the detail on how Britain will repeal the legislation, Tánaiste Micheál Martin said: “Having discussed this issue with Hilary Benn on his first day in office, I am glad to see the work of replacing the Legacy Act is progressing – I have been clear since day one on the grave issues with the Act as it now stands, in particular the fundamental question of its compliance with the European Convention of Human Rights and the failure to command the support of victims.”
He added: “I welcome his commitment to establishing legacy mechanisms which command the confidence of communities and of victims and survivors.
"The Secretary of State’s intention to reverse the current prohibition on new civil proceedings, and to propose measures to allow inquests previously halted to proceed is also welcome.
“We will study the statement made by the British Government today and continue our close engagement with them on the detail of this vitally important issue.
“We owe it to victims, survivors and their loved ones to get this right. As we take this work forward, the needs of victims and the obligation to ensure a framework compatible with the European Convention of Human Rights, will remain central to this Government’s approach.”
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