Supreme Court to hear appeal in landmark Troubles case

The Supreme Court has agreed to hear and expedite an appeal from the UK government concerning the compatibility of Northern Ireland legacy legislation with human rights and post-Brexit rules.
Although the Labour government which came into office last July has promised to “repeal and replace” the previous government’s Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, it says there are “wider constitutional questions” raised by a judgment handed down by Northern Ireland’s Court of Appeal last September.
Much of the ruling concerned the structure and processes of the controversial Independent Commission for Reconciliation and Information Recovery (ICRIR), which the government has more recently said it believes can be reformed rather than abolished.
A central issue in the appeal is likely to be how the courts should interpret and enforce certain provisions of the post-Brexit Windsor Framework.
The Supreme Court yesterday granted permission to hear the government’s appeal and indicated that it will be heard before the end of June if possible.
Belfast firm Phoenix Law is representing Martina Dillon, the appellant in the lead case, whose husband Seamus was shot and killed in 1997.
Darragh Mackin, partner at Phoenix Law, said: “It is disappointing that the Secretary of State has continued to utilise every available mechanism to try and uphold the Tory pet project of the Legacy Act.
“That being said, despite the Secretary of State’s best endeavours, every court to date has been clear — provisions of the Legacy Act are incompatible with human rights and the NI Protocol.
“It is a testament to the importance of this case that the Supreme Court has confirmed that it will hear this case on an expedited basis, and indeed, before the end of June if possible.
“Our clients relish the opportunity to again take a stand against this Act on behalf of all victims affected by this egregious legislation.”
Ms Dillon said: “The continuing efforts by the Secretary of State to appeal against the decisions of the Belfast court only puts salt in the wounds of all victims.
“We warmly welcome the Supreme Court’s decision to expedite this case and we look forward to defending our rights in London before the end of June.”