The Labour government in Britain has formally committed to repealing the controversial Troubles Legacy Act in a speech delivered by King Charles following the state opening of parliament.
The king’s speech is an opportunity for the new government to lay out its legislative plans.
It had been widely expected this pledge would be included in the speech given Labour’s long-standing commitment to repeal the legislation.
In a briefing note provided by the UK government, it acknowledged that the Legacy Act “denies justice to the families and victims of the Troubles”.
UK government ordered to hold public inquiry into murder of GAA official by loyalists
Body set up to investigate Troubles cases in North registers 85 inquiries
Troubles Legacy Act: repeal commitment from Labour government made in King Charles speech
There’s too much death: Prospect of an ‘official’ British history of the Troubles is hurtful to families like mine
Specifically, it says it will “repeal the conditional immunity scheme” of the Act, the most controversial part of the legislation, which gave immunity to former British soldiers and others for acts committed during the Troubles.
This was removed from the legislation earlier this year as a result of a judgment in the High Court in Belfast.
The British government says it will reverse the policy prohibiting victims and their families from taking civil claims and it will set out steps to allow the resumption of Troubles-era inquests to resume. It will also “explore options to strengthen the independence” of Independent Commission for Reconciliation and Information Recovery (ICRIR).
“Further legislation will follow after consultation with the Northern Ireland political parties, the Irish Government and all communities in Northern Ireland,” said the British government.
In its guidance note attached to the king’s speech, the British government also name checks Taoiseach Simon Harris for his welcome of previous Labour promises to repeal the Act.
The Northern Ireland Troubles (Legacy and Reconciliation) Act, which became law last year, was introduced by the-then Conservative government in 2020.
It ended previous methods of investigating Troubles killings and replaced them with a new investigative body, the ICRIR.
It was widely opposed, including by victims and survivors of the Troubles and the North’s five largest political parties, and is the subject of legal challenge by the Irish Government in the European Court of Human Rights.
In a statement following the speech, the Tánaiste Micheál Martin said it was “very welcome that the new British Government is following through on their election manifesto commitment to repeal and replace the Legacy Act.
“I have always been clear that this Act, as it stands, is not fit for purpose,” he said. “I discussed this issue with the new Secretary of State, Hilary Benn, last week, and I look forward to working with him as he takes this forward in the months ahead. The needs of victims and full compliance with the ECHR must be at the heart of this revised approach.”
The move to repeal the Act was welcomed by victims and survivors’ groups in Northern Ireland who said they were keen to engage in discussions with the UK government over a replacement for the new law but stressed this must be victim-centred.
WAVE Trauma Centre said it “warmly welcomed the repeal of the hated Legacy Act” and it “looked forward to working with the Secretary of State to produce a process that genuinely works in the best interests of victims and survivors.”
Relatives for Justice described it as “encouraging” but said families who lost loved ones during the conflict would be “vigilant.”
“Only human rights-compliant investigations and measures will be acceptable to them. They have suffered repeated harms from repeated and deliberately failed processes.”
The Pat Finucane Centre said it looked forward to “an early engagement” with the Northern Secretary “to discuss meaningful and constructive ways of moving the legacy debate forward.
“There should be no delay in any discussion. Victims and survivors cannot find themselves in a position again where processes are being imposed on them.
“This is too important an issue and needs to be dealt with now to ensure the hurt and trauma of the past is not transferred to another generation,” a spokesman said.
The Committee on the Administration of Justice said “the taking forward of the commitment to repeal the Legacy Act is welcome, as is the commitment to return to the consensus of the Stormont House Agreement, the existing peace process agreement that was unilaterally ditched by the Tories.”
“Stormont House commits to legacy inquests for all and new genuinely independent legacy institutions. We want to see a Stormont House Agreement plus model now taken forward. In our view no part of the Tory Legacy Act can be fixed.”
Politicians in Northern Ireland also expressed their relief at UK government’s announcement, with the SDLP leader Colum Eastwood saying it was an “early demonstration from the Labour Government that they will take a radically different approach to the North than their predecessors” and he “looked forward to progress in this parliamentary session.”
The DUP leader Gavin Robinson praised the repeal of this “unconscionable legislation” and said any new approach must ensure “the door to justice must remain open … and there is no equivalence between the innocent victim of terrorism and the perpetrator of terrorism.”
In a statement issued ahead of the first face-to-face discussion between prime minister Keir Starmer and the Taoiseach later on Wednesday, Mr Robinson said it was now “time for truth from Dublin.
“We urge the new prime minister to use his meeting this evening with the new Taoiseach to press upon him the need for Dublin to open up the pathway to truth regarding the role of the Irish Government, Garda, and wider society in the Troubles.
“Thus far, Dublin has behaved like a spectator, lecturing us all about dealing with the Troubles yet failing to see their own shortcomings,” he said.
- Sign up for push alerts and have the best news, analysis and comment delivered directly to your phone
- Join The Irish Times on WhatsApp and stay up to date
- Listen to our Inside Politics podcast for the best political chat and analysis
