UK government to abandon most grounds of legacy law appeal
The UK government is to abandon an appeal of the Northern Ireland High Court’s finding that the previous government’s controversial legacy law is in breach of the European Convention on Human Rights.
The Labour government has already pledged to “repeal and replace” the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, which brought an end to most legal proceedings linked to legacy cases.
The law is currently the subject of a rare inter-state case brought by Ireland against the UK in the European Court of Human Rights (ECtHR).
Northern Ireland secretary Hilary Benn told MPs that government lawyers had written to Northern Ireland’s Court of Appeal to “formally abandon all their grounds of appeal against the section 4 Human Rights Act declarations of incompatibility made by the Northern Ireland High Court in relation to the Act”.
“The declarations of incompatibility that the government are no longer challenging include those relating to the conditional immunity provisions, which could – had they not been struck out by the High Court – have seen individuals being granted immunity from prosecution for providing information about troubles-related deaths and serious injuries,” he added.
However, Mr Benn said the government would continue to appeal the High Court’s finding that Article 2(1) of the Windsor Framework means that “primary legislation can be disapplied by the courts where the court considers that legislation engages provisions of EU law which no longer apply in Northern Ireland”.
“Whilst the government are unwavering in its commitment to the obligations under article 2(1) of the Windsor framework, this judgment has potentially wide-ranging implications for other UK legislation which extends to Northern Ireland,” he said.
“Therefore, we have asked the court to continue with its consideration of the interpretation and effect of article 2(1) given the profound constitutional and legal questions that have arisen from the ruling.
“This is a technical point of law which we hope will be clarified by an onward appeal, for the benefit of ensuring legal certainty and in maintaining a clear human rights framework in Northern Ireland.”
Mr Benn also said the government would begin consulting Troubles victims and survivors, Northern Ireland political parties and the Irish government on a new approach to legacy issues.
Belfast human rights lawyer Kevin Winters, of KRW LAW, welcomed the government’s “timely and significant intervention”.
Mr Winters said: “This is another positive day for families of Troubles victims. It signposts rapid progress towards dismantling the previous Tory government’s repressively toxic Legacy Act.
“Everyone invested in legacy can now look forward to a positive consultation process to replace that Act.”
Ireland’s Tánaiste and foreign affairs minister Micheál Martin said he was “glad to see the work of replacing the Legacy Act is progressing”.
He added: “We will study the statement made by the British government and continue our close engagement with them on the detail of this vitally important issue.
“We owe it to victims, survivors and their loved ones to get this right.
“As we take this work forward, the needs of victims and the obligation to ensure a framework compatible with the European Convention of Human Rights will remain central to this government’s approach.”