Northern Ireland Troubles (Legacy and Reconciliation) Act 2023: ‘London more honourable than Dublin on legacy’ says SEFF director Kenny Donaldson

The UK and Irish authorities have both blocked investigations into the Troubles - but the UK is more honourable for stating so openly, a leading victims campaigner has said.
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By Philip Bradfield
Published 20th Nov 2023, 18:16 BST
Updated 21st Nov 2023, 12:50 BST

Kenny Donaldson, director of victims group the South East Fermanagh Foundation (SEFF), was speaking on the eve of a legal challenge to the UK's controversial new Northern Ireland Troubles Act 2023. The law offers a conditional amnesty to those accused of Troubles related murders and will block any new Troubles-era civil actions and inquests.

A landmark legal challenge to the UK law will begin at Belfast High Court tomorrow.

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However Mr Donaldson said that while this challenge begins, almost no focus has been put on the Irish Government opening its files on legacy.

The UK and Irish authorities have both blocked investigations into the Troubles - but the UK is more honourable for stating so openly, says victims campaigner Kenny Donaldson.The UK and Irish authorities have both blocked investigations into the Troubles - but the UK is more honourable for stating so openly, says victims campaigner Kenny Donaldson.
The UK and Irish authorities have both blocked investigations into the Troubles - but the UK is more honourable for stating so openly, says victims campaigner Kenny Donaldson.

(Families of the Kingsmills Massacre victims pursued the Irish government to open its files for almost ten years for their legacy inquest. Last year the Irish government finally held a secret court hearing in Dublin to address their questions. However, families and the media were banned. Dublin also barred the families from ever publishing the subsequent report.)

Mr Donaldson said: "On Troubles legacy matters the UK government is viewed by many as honorable rogues - they are open and up front about their intentions to close the issue down. However the Irish government is viewed by many dishonourable rogues, they held a de-facto amnesty for Troubles era terrorism for 25 years but just don't admit it."

Mr Donaldson added that some people who now oppose the Troubles Legacy Act most vociferously were equally passionate in supporting amnesty measures which benefited terror groups in the Good Friday Agreement.

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These included prisoner releases, a capped two jail sentence scheme for subsequent prosecutions, putting terror weapons beyond use of forensic experts and prosecutors. On-The-Run assurance letters and Royal Prerogatives of Mercy have further "murdered Justice for most victims by stealth" he added.

He noted that it fell to former Irish Justice Minister Michael McDowell in 2021 to reveal that an informal moratorium on prosecuting pre-1998 Troubles cases had been operating in the Republic for 25 years.

"Unlike others, we have not flip-flopped around on these issues. Our position has been principled and consistent with the rule of law and its fair application," Mr Donaldson added.

In 1993 ex-Irish Cabinet Minister Neil Blaney told a BBC documentary that he and others in Government assisted the fledgling Provisional IRA to get off the ground in the late 1960s. From 1973 to 1997 the Republic refused to extradite 105 suspects to NI to stand trial for terror atrocities. Neither matter, which have widely been described as Irish state collusion, have ever been probed by formal legacy structures.

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Mr Donaldson was speaking as Amnesty International and Belfast law firm Phoenix Law prepared to launch a legal challenge against the UK legacy legislation at Belfast High Court this morning.

Both organisations are supporting Martina Dillon, John McEvoy, and Lynda McManus in challenging the human rights compliance of the legislation, on grounds of denying legacy inquests, lack of adequate investigations and ban on civil actions.

Speaking on Monday, Sinn Fein MP Sinn Féin MP Chris Hazzard called on the Irish government to join the action and pursue an interstate case against the legislation, citing alleged UK state collusion with loyalists in south Down.