The UK government is taking the “first steps” to repeal and replace controversial legislation designed to address the legacy of the Troubles, Northern Secretary Hilary Benn has said.
Making a Commons statement, t Mr Benn said “too many families” have had to “wait too long to find out what happened to their loved ones” as he announced measures being taken to progress cases.
The Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, introduced by the previous Conservative government, halted scores of civil cases and inquests into Troubles deaths.
Mr Benn described the previous administration’s approach to legacy matters as “wrong” and said aspects of the legislation were found by the courts to be incompatible with obligations under the European Convention on Human Rights (ECHR).
He said the UK government is committed to repealing and replacing the legislation, adding in the Commons: “I am today laying a remedial order under the Human Rights Act to take the first steps to honour that commitment.
“This order will remedy all of the human rights deficiencies in the Act identified by the Northern Ireland High Court in February in the case of Dillon and others and one issue from the Court of Appeal judgment in September.
“Specifically, the order will – if adopted by Parliament – remove all provisions from the Act relating to the immunity scheme which, let it not be forgotten, would have enabled any of those who perpetrated the most appalling terrorist crimes to seek immunity from prosecution from the Independent Commission for Reconciliation and Information Recovery (ICRIR).”
Mr Benn said the order would also enable all civil proceedings that were prohibited by the legacy Act, including future cases, to proceed.
He explained: “This means individuals will once again be able to bring Troubles-related cases to the civil courts, a basic right denied them by the legacy Act.”
Mr Benn said he will introduce primary legislation when parliamentary time allows to implement the government’s promise to restore inquests, starting with those previously halted by the Act.
The Cabinet minister said the legislation will also seek to improve the disclosure regime for the ICRIR and, in specific circumstances, enable the commission to hold public hearings.
The ICRIR has faced sustained criticism from groups representing Troubles victims since it was established by the legacy Act.
Mr Benn said the confidence of families in the commission’s work is “paramount”, adding: “We will make further changes to reform and strengthen the commission’s independence, powers and accountability.”
He added: “The steps I am outlining today seek to correct the mistakes of the previous government’s approach, ensure compliance with the ECHR and deliver on what this government has promised.
“The removal of conditional immunity, the reinstatement of legacy inquests halted by the Act, restoring civil cases and reforming ICRIR while enabling it to continue working on behalf of the growing number of families who have already sought its help.”
Mr Benn said he will hold talks with families, victims’ groups, civil society and the veterans community about the legislation he intends to bring forward.
He added: “I want to take the opportunity to reassure the House that as a government we are committed to ensuring that veterans receive the right welfare and, where appropriate, legal support.”
Detailed conversations will also continue with the Irish Government, MPs heard. – PA
