The head of the commission set up to offer information to victims, survivors and the families of those killed or injured during the Troubles in Northern Ireland has condemned “unwarranted attacks” on the body’s independence.
The statement from Sir Declan Morgan, chief commissioner of Independent Commission for Reconciliation and Information Recovery (ICRIR), comes in the wake of a major ruling by the Court of Appeal in Belfast last week.
Three judges of the court found the veto held by the British government over the information that can be shared with victims’ families is unlawful and that the body itself does not provide effective participation by families of victims.
In its judgment, the court partly allowed an appeal taken by several Troubles’ victims against the ICRIR – established as a key element of the last UK Conservative government’s Legacy Act, and the only element of it to be retained by the new Labour administration.
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[ UK government veto on Troubles commission disclosure ruled unlawfulOpens in new window ]
In a letter to The Irish Times, Sir Declan pointed to a number of elements in the Court of Appeal’s judgment that have not been given attention in the wake of the ruling, which led to renewed calls for the ICRIR’s abolition.
“Firstly, the appeal court clearly and unequivocally declared that the ICRIR is an appropriately independent public authority, both operationally and organisationally, endorsing Mr Justice Colton’s previous High Court judgment in that regard,” he wrote.
“Secondly, the Appeal Court endorsed the ability of the ICRIR to require production of all information necessary to deliver effective investigations for victims, survivors and families in the following terms.”
Thirdly, the commission has “consistently highlighted the benefits of improved and enhanced operating legislation”, said Sir Declan, who retired as lord chief justice of Northern Ireland in 2021.
Despite the ICRIR’s efforts to use “creative mechanisms” to use the law in a human rights compliant way, the Court of Appeal found it could not overcome the legislation’s deficiencies.
“We have also consistently welcomed more legislative clarity about our powers,” Sir Declan added.
The Court of Appeal, he said, had placed itself “in alignment” with the trial judge who ruled earlier this year that the ICRIR was human rights compliant, recognising the commission’s “wide powers”, along with the benefits of having one body in charge of investigations.
[ NI legacy body offers ‘real opportunity to deliver answers’ people are seekingOpens in new window ]
Quoting the judgment, Sir Declan said the judges had found: “These are powers akin to those exercised by the Police Service of Northern Ireland and [the Police Ombudsman for Northern Ireland] when conducting legacy investigations and cannot be criticised, nor should they be underestimated.
He also said: “This is a determination which now should be respected by all. It draws a line under the unwarranted attacks against the commission’s independence, staffed by professional and dedicated public servants from every community background.”
Dealing with the past has been “contested and delayed”, he said, adding that winning the confidence of the community, particularly victims, survivors and families who have been let down and disappointed for so many years, requires commitment and delivery.
“Getting answers to provide the unvarnished truth is critical if we are to promote reconciliation. Promoting rights-based reconciliation is fundamental if young people are to understand the brutality and horror of settling differences through violence,” he said.
The Court of Appeal judges dismissed some grounds of last week’s appeal, such as a complaint about the fact the commission is bound by a five-year time limit on accepting investigation requests.
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