Irish government to launch legal challenge against UK over NI Legacy Act

Ireland’s deputy premier Micheal Martin said the interstate case would argue that the provisions of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 are incompatible with the United Kingdom’s obligations under the European Convention on Human Rights.

The Act received royal assent in September despite widespread opposition from political parties, victims’ organisations in Northern Ireland and the Irish government.

Aspects of the laws include 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).

The new Act will also halt future civil cases and legacy inquests.

Multiple Troubles victims and family members are supporting a legal challenge against aspects of the Act at Belfast High Court.

Mr Martin said: “This decision was taken after much thought and careful consideration.

“I regret that we find ourselves in a position where such a choice had to be made.

“However, the decision by the British Government not to proceed with the 2014 Stormont House Agreement and instead pursue legislation unilaterally, without effective engagement with the legitimate concerns that we, and many others, raised left us with few options.

“The British Government removed the political option, and has left us only this legal avenue.”

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Mr Martin said the incorporation of the European Convention on Human Rights into Northern Ireland law is a specific and fundamental requirement of the 1998 Good Friday Agreement.

He said: “Since the UK legislation was first tabled, the Government have been consistent that it is not compatible with the convention.

“I used every opportunity to make my concerns known and urged the British Government to pause this legislation.”

He added: “I have consistently adopted a victims-centred approach to this issue. We are not alone in our concerns.

“Serious reservations about this legislation have also been raised by a number of international observers, including the Council of Europe’s commissioner for human rights and the UN high commissioner for human rights.

“Most importantly, this legislation is opposed by people in Northern Ireland, especially the victims and families who will be most directly impacted by this Act.”

The Tanaiste said the Irish Government had particular concerns around immunity provisions in the Legacy Act.

He said they would “shut down existing avenues to truth and justice for historic cases”.

Mr Martin added: “Even in cases in which immunity is not granted, reviews by the proposed body, the Independent Commission for Reconciliation and Information Recovery (ICRIR), are not an adequate substitute for police investigations, carried out independently, adequately, and with sufficient participation of next of kin.

“The British Government enacted this legislation on September 18 2023, shutting off any possibility of political resolution.

“We now find ourselves in a space where our only recourse is to pursue a legal path.

“It is important to leave the next steps to the court.”