Troubles bereaved hail ‘important day’ as Government vows to repeal Legacy Act
The legislation which aimed to deal with the legacy of Northern Ireland’s troubled past was almost universally opposed.
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Your support makes all the difference.Troubles victims have hailed an “important day” as the King confirmed the controversial Legacy Act will be repealed.
Charles announced in his speech at the State Opening of Parliament that measures are to be brought forward to “begin the process” of repealing the Act.
While the entire Act cannot be repealed without something to replace it, the Government is expected to repeal the controversial policy of offering conditional immunity for Troubles crimes among first steps.
The Act, aimed at addressing the legacy of Northern Ireland’s past, has been almost universally opposed by parties and victims’ groups.
It offers a limited form of immunity for perpetrators of Troubles crimes in exchange for full co-operation with the truth recovery body, the Independent Commission for Reconciliation and Information Recovery (Icrir), and halted civil cases and inquests which were not at findings stage earlier this year.
This is an important day for families like ours, who thought we’d seen the door closed forever on these cases
Martina Dillon, whose husband Seamus was shot and killed in 1997, was among those who saw a fresh inquest into a loved one’s death stopped due to the Act.
She said she was relieved to hear the commitment to repeal, adding ministers need to “follow through quickly”.
She added: “I’ve fought for 27 years to get truth and justice for my husband. I had an inquest under way, to then have that cruelly removed by the Troubles Act has been devastating.
“All victims deserve answers and victim-centred processes. Truth and justice are not much to ask, we shouldn’t have to fight for decades to get it.”
Michael O’Hare’s 12-year-old sister Majella was shot and killed by a British soldier on her way to church with a group of friends in 1976. He said his family believed the door for justice had been closed.
“This is an important day for families like ours, who thought we’d seen the door closed forever on these cases,” he said.
“Majella was just an innocent little girl who didn’t deserve to be gunned down when walking along the road with her friends.
“We deserve truth and accountability. It’s a huge relief that that is now a possibility again, even if we’ve had to wait half a century. It’s never too late to do the right thing.”
Amnesty International UK’s Northern Ireland deputy director Grainne Teggart termed it as an “important step toward overturning an atrocious attack on rights”.
She added: “Repealing and replacing the Troubles Act is necessary to right a historic wrong.
“The UK Government must show a complete change in approach to the last government; listen to victims and prioritise their rights.
“There must be no delay in getting the wheels of justice turning. We want to see Stormont House Agreement-plus legislated for and an urgent reinstatement of judicial processes, such as inquests, for all who need them.”
Earlier this year, then shadow secretary of state for Northern Ireland Hilary Benn indicated Labour would not scrap the Icrir, which is led by retired judge Sir Declan Morgan, but wanted to see if it could command the confidence of victims’ families.
There have been legal challenges to the Act, including an interstate case by the Irish Government under the European Convention on Human Rights.
Meanwhile, a legal challenge by Troubles victims to the Act saw a lengthy judgment issued in February. It found conditional immunity from prosecutions for Troubles crimes is in breach of the European Convention on Human Rights.
However, the same judgment also found the Icrir to be independent and capable of conducting human rights-compliant investigations.
The new Labour Government is to stick to its General Election manifesto commitment to address legacy, aiming to find a way forward supported by victims and survivors, and which will comply with human rights organisations.
This is to include repealing the conditional immunity scheme and reversing the policy prohibiting victims and families from bringing civil claims, and set out steps to allow the Troubles-era inquests that were prematurely halted to resume.
Described as first steps, further legislation is to follow after consultation with Northern Ireland’s political parties and communities, and the Irish Government.
Irish Minister for Foreign Affairs Micheal Martin said it is “very welcome” that the new UK 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.”
A number of Northern Ireland’s political parties have welcomed the Government’s direction.
DUP leader Gavin Robinson said it was a “decisive move by the Government to repeal this unconscionable legislation”.
He added: “In a society where there is so much hurt, pain and grief, it is important that the hope of justice remains.
“This legislation was fundamentally flawed and morally repugnant because it extinguished that hope for many innocent victims.
“We urge the Government to learn from the mistakes of their predecessors, because repeating them would only cause more emotional distress to victims and damage the work of reconciliation in our society.”
Mr Robinson also pressed Prime Minister Sir Keir Starmer to use his meeting with Taoiseach Simon Harris later on Wednesday 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”.
He added: “Thus far, Dublin has behaved like a spectator, lecturing us all about dealing with the Troubles yet failing to see their own shortcomings. It is time for truth from Dublin.”
Sinn Fein MP John Finucane said: “The British Government has said it will now begin the process of repealing the Tories’ shameful Legacy Act, which has failed victims and survivors.
“This is a welcome commitment, and we will engage with them on the full details of their approach in the days ahead.”
SDLP leader Colum Eastwood said his party “worked hard alongside Labour MPs to make the repeal of the toxic Tory Legacy Act an early commitment of the new Government in London”.
He added: “I am pleased that the commitment was made in the King’s Speech today and that we can look forward to progress in this parliamentary session.
“This is an early demonstration from the Labour Government that they will take a radically different approach to the North than their predecessors.
“Political parties and victims’ groups from across our society opposed the attempts to shut down paths to justice and accountability – the united campaign, led by those most affected, has driven this change.”