THE TAOISEACH HAS said the government is “seriously considering taking a case to the European Court on Human Rights” over the controversial Troubles Legacy Bill.
Leo Varadkar told reporters today in Wicklow that this is “not unprecedented and we wouldn’t do it lightly”.
Varadkar added that the “clear” message from the government is that the Bill, which cleared its final hurdle today in Westminster, is a “mistake”.
A decision on whether or not to take legal action is expected to be made in the coming weeks.
Victims of the Troubles have accused the UK Government of abandoning them, after the Legacy Bill passed its final hurdle at Westminster today.
MPs today rejected a House of Lords’ amendment to the Bill, which is now on the verge of becoming law.
It includes a form of limited immunity for some perpetrators of crimes committed during the Northern Ireland Troubles and would also prevent future civil cases and inquests into legacy offences.
The Northern Ireland Troubles (Legacy and Reconciliation) Bill is opposed by victims’ groups and all political parties in the North.
Speaking today, Michael O’Hare, brother of Majella O’Hare, who was shot dead by a British soldier in Co Armagh when she was 12 in 1976, said: “The UK Government has abandoned victims in favour of protecting those who took the lives of our loved ones.
“There are no words to express how deep that betrayal cuts.
“It is not right for the Government to decide who gets justice for serious crimes such as murder and who doesn’t.
“I will continue to fight – the lives of our loved ones mattered. This isn’t over.”
Speaking to reporters in Co Wicklow today, Taoiseach Leo Varadkar said the “Irish government’s position has been very clear in this all along”.
“We think this is a mistake,” said Varadkar.
“This is the wrong way to go about dealing with legacy issues in Northern Ireland.”
He noted that there “are not many things at all of the five main parties in Northern Ireland agree on, but they all agree this is wrong”.
“I think that when you have all five parties in Northern Ireland agreeing on something, that’s significant,” said Varadkar.
He also warned that the Bill is “not victim centred, and not human rights proofed”.
Grainne Teggart, Amnesty’s Northern Ireland deputy director, said: “Today marks a dark day for justice.
“Despite huge opposition, the UK government is pushing through a law that does nothing but absolve those responsible for conflict-related abuses – and shamefully, all under the guise of reconciliation.
“It is outrageous that the UK government has so dismissively betrayed victims – only adding to their long-standing trauma with a law they so overwhelmingly rejected.”
She added: “It will now be over to the courts to right this historic wrong.”
Varadkar told reporters the “Attorney General is preparing some legal advice on what the strength would be of us taking a case to the European Court on Human Rights”.
Varadkar added that this case would “essentially say that this act is not compliant with the European Convention on Human Rights, of which the United Kingdom is a signatory”.
A decision on whether or not the government can pursue a case will be made in the coming weeks.
“We’re not going to consider that lightly, a lot of work has been done, including by me, the Tánaiste and others over the past two years to rebuild relations with the UK Government.
“But we have to think about the victims, victims of IRA violence, victims of acts that were committed by British soldiers in Northern Ireland.
“For them, it’s not just in the past, and I’ve met many victims, they still live this every day.”
Varadkar said that he will “talk about it in detail with the Tánaiste and then bring the legal advice to Cabinet”.
He added: “It is something we are seriously considering and it’s not unprecedented and we wouldn’t do it lightly.”
Tánaiste Micheál Martin is currently in Israel, but speaking to reporters there, he said “legal advice has been underway for quite some time.”
Martin added that the Irish government has asked the British government to “pause the legislation”.
“We still ask them to pause the legislation because we do not believe a unilateral decision like this, which the Irish government and which all the other parties in Northern Ireland do not agree with, is a wise move.”
Labour leader Ivana Bacik has said she supports calls on the Government to legally challenge the Bill.
“It is an affront to the rule of law and to the memory of those who lost their lives during the Troubles,” she said.
Meanwhile, SDLP Leader Colum Eastwood has urged the Irish Government to take legal action.
He said: “I have never been so angry or ashamed at a decision taken by a legislature on these islands.
“The House of Commons has today given its support to an unconscionable effort to end pathways to truth and justice for victims and survivors of the most heinous atrocities of the last 50 years in Ireland and Britain.
“The names of those who have lost loved ones, family and friends should ring in the ears of every MP who supported this appalling bill.”
He added: “There is now, I believe, a moral obligation on the Irish Government to step up and step in with legal action.
“The British Government doesn’t care about the rights of victims but the international human rights standards that we all enjoy must be defended.”
-With additional reporting from Christina Finn, Stephen McDermott and Press Association
To embed this post, copy the code below on your site
have your say