Government challenge to Troubles Legacy Act ‘unlawful’ ruling to be heard in June, judge confirms

Lawyers representing the Northern Ireland Office are challenging a finding that the plans to offer conditional immunities from prosecution and shut down civil actions related to three decades of conflict in the region breaches human rights laws.

At the Court of Appeal on Tuesday, Lady Chief Justice Dame Siobhan Keegan listed the case for a four-day hearing in an attempt to obtain further certainty over the status of the legislation.

She stressed: “I want it pinned down to the legal questions we have to answer.”

The Northern Ireland Troubles (Legacy and Reconciliation) Act, which came into effect last September, offers a conditional amnesty to those accused of crimes during more than 30 years of sectarian violence.

It will also end future civil litigation and inquests into conflict-related deaths not completed before the cut-off date of May 1.

Amid fierce opposition from victims’ organisations, political parties and the Irish Government, a raft of judicial review challenges were brought by some of those who either lost loved ones or were injured in the conflict.

They argued that the legislation is unconstitutional, denies access to justice and aimed at protecting British Army veterans and other security force personnel from prosecution for any wrongdoing in Northern Ireland.

The UK Government has described the Act as an attempt to draw a line under Northern Ireland’s troubled past.

It involves the establishment of an Independent Commission for Reconciliation and Information Recovery (ICRIR) headed up by former Lord Chief Justice of Northern Ireland Sir Declan Morgan.

Self-confessed perpetrators who fully cooperate with the legacy body may be offered an amnesty from prosecution.

In February, a High Court judge ruled that the potential granting of immunity under the Act is in breach of the European Convention on Human Rights (ECHR).

Mr Justice Colton also declared that sections of the legislation shutting down Troubles-related civil actions brought after May 17, 2022 and prohibiting any new claims lodged after November 18, 2023 is incompatible with Article 6 of the ECHR and the Windsor Framework.

The Government is now appealing those findings as part of a legal battle which is ultimately expected to reach the Supreme Court.

Tony McGleenan KC, for the Secretary of State, thanked Dame Siobhan for ensuring an “expedited” hearing.

A cross-appeal is also being mounted by relatives of some victims over a separate ruling that the ICRIR has sufficient independence and powers to effectively investigate Troubles-related deaths and offences.

The Commission has now instructed counsel in a bid to be represented at the forthcoming hearing.

With a number of legal issues still to be resolved, the Lady Chief Justice set out her intention to deal with everything at once.

Listing the appeal to begin on June 11, she told the parties: “The worst thing we could have is a series of appeals.”