The Government has been praised as “doing the right thing” for victims of Northern Ireland’s Troubles after indicating they will legally challenge the UK’s Legacy Act.
The Act is intended to halt future legal cases around Northern Ireland’s troubled past and legacy inquests.
It is also set to offer a limited form of immunity from prosecution for Troubles-related offences for those who co-operate with the new Independent Commission for Reconciliation and Information Recovery (ICRIR).
Earlier this year, a judicial review challenge to the Act was heard at the High Court in Belfast.
Confirmation of Ireland’s legal challenge to the Act has been welcomed by Amnesty International, political parties and victims of the Troubles.
Grainne Teggart, Amnesty International UK’s Northern Ireland deputy director, said it is important that the Irish Government takes this stand.
“The Irish Government is doing the right thing for victims, for the rule of law and for the upholding of human rights,” she said.
“Victims’ rights to truth, reparations and justice must be realised.
“This challenge is vital for victims here and around the world who face the prospect of similar state-gifted impunity.
“The UK Government doggedly pursued this legislation which shields perpetrators of serious human rights violations from being held accountable. It’s important that the Irish Government takes this stand.
“This state-level challenge is very welcome and made necessary by the UK Government’s actions. Victims should be at the heart of how the Troubles is addressed, not swept to the side with denial of rights imposed.
“We hope this critical litigation will bring all Troubles victims closer to the justice they deserve.”
Solicitor Padraig O Muirigh, director of O Muirigh Solicitors, described the Legacy Act as “draconian legislation” and “incompatible with the European Convention on Human Rights (ECHR)”.
“It also fundamentally undermines the Good Friday Agreement 1998 which placed a duty on the British Government to incorporate the ECHR into domestic law,” he said.
“The 2023 Act contains provisions that will guillotine existing judicial and investigative mechanisms such as inquests and civil actions and replace these with the Independent Commission for Reconciliation and Information Recovery (ICRIR).
“The families that I represent are strenuously opposed to this legislation and the establishment of the ICRIR.”
Mr O Muirigh said his office will also be submitting applications to the European Court of Human Rights early in the new year on behalf of bereaved families who are impacted by the provisions of the legislation.
Solicitor Kevin Winters of KRW Law said the announcement by the Irish Government is the “right decision politically, morally and legally”.
“It is a massive fillip to all those who have been agitating for decades to get access to the truth in unresolved killings,” he said.
“In terms of timing this development couldn’t be any more important
“It comes at a time when the courts here in Belfast are adjudicating on a series of conflict-related challenges
“It will have an immediate impact on those cases
“We expect the courts here to take cognisance of this significant development
“Today’s news sends a resounding message that Ireland as a nation won’t be found wanting when it comes to upholding the human rights of thousands of people affected by the Troubles.”
