Supreme Court ruling on Troubles legacy law assures national security, says Benn

The 2023 Legacy Act was introduced by the previous Conservative government and offered conditional immunity for perpetrators of some Troubles-related crimes in exchange for co-operation with a new body, the Independent Commission for Reconciliation and Information Recovery (ICRIR), which would oversee investigations.

When it came into office, the Labour Government introduced legislation to overhaul the Act, the Northern Ireland Troubles Bill, which has been carried over into the new session of Parliament.

Meanwhile, MPs voted to repeal the Legacy Act's conditional immunity provision in January, which also scrapped a bar on future legacy compensation cases.

It comes after a group of families who lost loved ones in the Troubles (Dillon and others) argued the Legacy Act was incompatible with the European Convention on Human Rights (ECHR).

They also claimed it undermined victims' rights protected by Article 2 of the Windsor Framework, which was signed after the UK left the EU.

The framework states the Government must ensure various rights and entitlements in Northern Ireland , enshrined by the Good Friday Agreement, cannot be diminished.

Northern Ireland's High Court and the Northern Ireland Court of Appeal had both previously found that parts of the Act were incompatible with human rights and undermined the rights of victims in breach of the Windsor Framework.

This was in relation to conditional immunity, next of kin participation in investigations, and the Government veto over what sensitive material can be disclosed to bereaved families.

While Labour opposed parts of the Legacy Act, including conditional immunity, the Northern Ireland Office still took the case to the Supreme Court over the application of the Windsor Framework, which it felt had been interpreted "too broadly", and on next of kin participation and disclosure.

Last week, the Supreme Court ruled in the Government's favour.

Speaking in the Commons on Thursday, the Northern Ireland Secretary said: "The Court of Appeal's interpretation of Article 2 of the Windsor Framework and its findings on next of kin participation and disclosure had wider implications for the Government's ability to legislate effectively across the UK and to protect national security."

On next of kin participation and disclosure, he said the Supreme Court "found that the Commission is currently capable of conducting investigations that are compliant with our obligations under the European Convention ".

On disclosure specifically, the Supreme Court said: "There must be a system restricting disclosure in circumstances where disclosure may or would risk prejudicing the national security interests of the United Kingdom ," adding any decision to veto disclosure can be challenged by way of judicial review.

However, Mr Benn assured MPs the Government's Troubles Bill would address both next of kin participation and disclosure.

He said: "The Government recognises the importance of next of kin involvement in the reformed Legacy Commission's inquisitorial proceedings, and we are providing for this in the Troubles Bill...

"This Government is committed to ensuring the maximum possible disclosure of information, while protecting life and national security.

"Hence the changes I am bringing forward in the Troubles Bill for a fairer disclosure regime, with greater transparency as to how decisions are made."

The Supreme Court also backed the Government's view about Article 2 of the Windsor Framework, which ensures there is no diminution of rights, safeguards or equality of opportunity in Northern Ireland as a result of the UK leaving the European Union .

Mr Benn said: "The Government is firmly committed to these human rights and equalities provisions, but felt that Article 2 had been interpreted too broadly by the lower courts.

"The Supreme Court's judgment has provided important clarity on this question.

"It has confirmed the Government's long-standing position that the rights protected by Article 2 of the Windsor Framework are those concerned with ending the sectarian conflict in Northern Ireland .

"While reaffirming the Government's position on this, the Supreme Court found that the relevant provisions of the Legacy Act should not have been disapplied by Article 2 of the Windsor Framework.

"The purpose of bringing the appeal was to obtain clarity on how Article 2 should be interpreted in future, and not to defend immunity."

Mr Benn said further protections for veterans would be published "in advance" of the Troubles Bill's committee stage for MPs to scrutinise.

He added: "There are protections already contained within the Troubles Bill. We do intend to bring forward more protections.

"We have had many discussions with veterans' organisations, and I'm determined to ensure, as is the Defence Secretary ( John Healey ), that we treat our veterans fairly and with care."

Labour MP Fred Thomas (Plymouth Moor View) said he and his constituents, some of whom served in Northern Ireland , are "deeply concerned".

He added: "Can the Secretary of State lay out how this Bill will protect them, both past and future, in years to come, from being forced into the courts by those who wish them ill?"

Mr Benn said the courts understand the "split second decisions" that members of the armed forces have to take, adding: "Nobody who acted lawfully, in line with lawful orders, has anything to fear at all."

Asked if veterans agree with the protections being brought forward by Conservative MP Lincoln Jopp (Spelthorne), Mr Benn replied: "We have to strike a balance that is fair and proper, but I do assure him that the Government is extremely seized of its obligations to make sure that the arrangements we put in place are fair to veterans."

Shadow defence minister Mark Francois said: "The very bad news is, despite all their protestations to the contrary, they would rather help Sinn Fein chase those who fought for their country.

"It is a disgrace."