Northern Ireland Troubles Bill: Alarm expressed over latest government proposals to deal with Troubles legacy

Jeff Dudgeon, who convenes the Malone House Group think tank, said amendments to the Northern Ireland Legacy Bill unveiled in the House of Lords tonight were "very worrying and could make legacy processes turn even further against the security forces".

He noted the government will write Article 2 of the European Convention on Human Rights (ECHR) – right to life – into the bill, which Mr Dudgeon said was already cited “to justify totally disproportionate investigations into the state as opposed to terrorists".

Two balancing ECHR articles are not marked for inclusion, he said, Articles 6 and 8 (the right to fair trial and right to protect one's reputation), despite fears that ex security forces will not get normal opportunities to such a trial or to defend their reputation.

He also expressed "grave concern" that a revision to let an Independent Commission for Reconciliation and Information Recovery carry out criminal probes will grow into large inquiries mostly into legitimate 10% of Troubles killings by security forces, “at unlimited cost”.

Similarly, Northern Ireland peer Baroness Kate Hoey warned: "I do find many parts of this Bill problematic and perhaps dangerous.

She too articulated concerns that the Government proposal to add Article 2 from the ECHR would lead to a disproportionate focus on killings by state forces in contrast to terrorist atrocities - which made up some 90% of the Troubles deaths.

Referring to murdered judges and magistrates of the Troubles, she noted: "Their Article 2 right to life was drastically breached."

She then read all their names to the house: Martin McBirney RM, Judge Rory Conaghan, Lord Justice Gibson and his wife Cecily, Tom Travers RM and his daughter Mary, Judge William Doyle, William Staunton RM, and Judge Eoin Higgins, who was targeted with IRA bomb which instead killed Robin and Maureen Hanna and their six-year-old-son David.

Introducing the amendments last night, Northern Ireland Office minister Lord Caine revealed he has personally found the controversial bill “extremely challenging”.

The proposed law would provide an effective amnesty for those suspected of killings during the conflict if they agree to cooperate with a new body, known as the Independent Commission for Reconciliation and Information Recovery (ICRIR).

The bill would also prohibit future civil cases and inquests related to Troubles crimes.

It has been almost universally opposed by parties across the political divide in Northern Ireland as well as all victims groups.

The amendments included confirmation the commission will be able to conduct criminal investigations and ensure individuals who deliberately mislead it can be prosecuted and have their immunity revoked.Those who choose not to tell the commission what they know and are then convicted of an offence would now face a full, rather than a reduced, sentence, while the fine for non-compliance would also be increased.

Steps would also be taken to strengthen the commission’s independence.

Former DUP Lord Dodds said that the approach to legacy investigations so far has been “one-sided” against the state.

However, he said the approach taken by the bill would "extinguish the flame of justice for countless families and draw a moral equivalence between the terrorist intent on bloodshed and those who served our community with dedication and professionalism".

UUP Lord Rogan similarly branded the legislation “distasteful” and similarly said that “Victims and their families have a right to retain the hope that one day they may get justice".

Others who strongly criticised the bill included former SDLP leader Baroness Ritchie, former Primate of All Ireland Lord Eames, Former Police Ombudsman Baroness Nuala O’Loan and Former NI Secretaries of State Lord Hain and Lord Murphy.