UK government refuses to say whether it will heed European Court rulings on legacy bill

However, the government has declined to comment on whether it will take the same approach should the court issue orders halting its Legacy Act until the European court has ruled on Ireland’s legal action.

Yesterday the government said it would continue to “robustly to defend the legislation, including to ensure that the work of the ICRIR can continue without impediment while proceedings are ongoing”.

However, it didn’t answer a question from the News Letter about whether it would ignore the European court if it used its powers available to it to halt the UK government’s law.

The European Court of Human Rights (ECHR) can issue what’s known as a Rule 39 measure – or interim order – to any country which is subject to legal action. Interim orders can suspend an action by a government to prevent ‘irreversible harm’ to a party while the case is ongoing.

While the UK has left the EU, it has not left the Council of Europe – an entirely separate organisation – which oversees human rights laws in most of Europe. The UK is therefore bound by the ECHR in Strasbourg, which has caused friction within the Tory party – with some wanting to leave the ECHR.

The court has previously issued such an order over the government’s immigration policy – when it prevented an Iraqi national from being deported from the UK to Rwanda. The current Rwanda Bill would allow ministers to overrule the interim orders.

The News Letter asked the government if it would do the same with regard to its legacy proposals – should such an order be made. A spokesperson declined to answer the question.

The body set up under the Legacy Act to investigate Troubles deaths – the ICRIR – has said it is important that the courts provide legal clarity. It added: "In any process, it is important that prompt, independent and thorough investigations are carried out for families, victims and survivors and that is what the commission is seeking to deliver.”