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Rishi Sunak and Leo Varadkar meet during the Europe Summit in Granada, Spain, Oct 2023 Alamy Stock Photo

Rishi Sunak confronts Taoiseach over Ireland's legal challenge to UK's Troubles Legacy Act

Laws enacted by the UK Government seek to provide a limited form of immunity to those accused of Troubles-related offences.

UK PRIME MINISTER Rishi Sunak used a call with Taoiseach Leo Varadkar to express his government’s “disappointment” over Ireland’s decision to legally challenge the British position on investigating crimes committed during the Troubles.

Laws enacted by the UK Government seek to provide a limited form of immunity to those accused of Troubles-related offences.

The move has faced staunched criticism and is opposed by many victims’ groups in Northern Ireland and all the main Stormont parties.

The call between the two leaders comes after Varadkar announced in December that the Government would legally challenge the UK Government over the Legacy Act in the European Court of Human Rights (ECHR).

He said at the time that the “strong” legal advice was the UK Legacy Act breached the United Nations’ Convention on Human Rights.

Downing Street confirmed Sunak raised the legal action during his conversation with the Taoiseach.

A UK Government spokesman said: “The leaders addressed the Irish government’s launching of an interstate case on the UK Government’s Legacy Act.

“The Prime Minister expressed his disappointment at the timing and course of action in December, coming at such a sensitive time.

“He noted that the Irish government had yet to respond to important questions about its own approach to legacy issues, including with regard to investigations into the 1998 Omagh bombing.

“The UK Government would continue to pursue answers to those questions which had been laid out by the Secretary of State (Chris Heaton-Harris), including with regard to the lack of criminal prosecutions in Ireland.”

A spokeswoman for the Prime Minister denied that the conversation had been terse, saying Sunak had been “reiterating the Government’s disappointment” that had previously been set out by Heaton-Harris, the Northern Ireland Secretary.

In a statement, the Taoiseach said he had had “a good call with the UK Prime Minister”, without mentioning any discussion of the case at the ECHR. 

Heaton-Harris wrote to Tánaiste and Minister for Foreign Affairs Micheál Martin earlier this month questioning Ireland’s opposition to the Legacy Act.

Aspects of the recently passed UK laws include a limited form of immunity from prosecution for Troubles-related offences for those who co-operate with the new Independent Commission for Reconciliation and Information Recovery (ICRIR).

The Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 will also halt future civil cases and legacy inquests.

In his letter to Martin, the Northern Ireland Secretary challenged Ireland to set out its own record on tackling legacy issues, pointing out that, while the UK has initiated a public inquiry into the 1998 Omagh bomb, the Irish government has not, despite a court ruling saying it should do likewise.

Heaton-Harris also called on Mr Martin to list the number of prosecutions mounted in the Irish state since 1998 related to Troubles incidents.

The phone call with Sunak and Varadkar came after there was a breakthrough in the DUP’s two-year boycott of powersharing arrangements at Stormont.

Sunak briefed the Taoiseach on the details of the deal struck between the DUP and the UK Government.

Asked whether the call had been difficult, Sunak’s spokeswoman said: “No, it was a good call, positive.

“They both welcomed the step that we saw from the DUP last night.”

A statement from the Taoiseach echoed that description, saying that “both leaders said they hope this paves the way for the early restoration of the Northern Ireland Executive and the Assembly, and that North-South Ministerial meetings will resume again.

“They agreed to keep in touch over the coming period.”

With reporting from David MacRedmond

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    Mute Art Vandelay
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    Jan 30th 2024, 6:51 PM

    The “Troubles” happened in the part of Ireland that remains occupied & governed by Britain. It’s their jurisdiction, so they need to be held accountable. Nevermind the fact that the actual British government was complicit in the murder of civilians. This clown is only “disappointed” because he’s not getting it both ways.

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    Mute Jack Moss
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    Jan 30th 2024, 9:11 PM

    @Art Vandelay: Held accountable to who . The ROI was funding the IRA through bank accounts . Weapons smuggle across the border . Training camps in Donegal that the Irish state turn a blind eye to . Funny how the ROI was left barely scratch during the troubles while they play a part in mass murder in NI .

    33
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    Mute Lulu
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    Jan 30th 2024, 9:16 PM

    @Jack Moss: Where is this mythical place called ROI ?

    81
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    Mute Martin Mongan
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    Jan 30th 2024, 10:27 PM

    @Jack Moss: yes the Dublin and Monaghan bombings never happened. You get more and more delusional by the week

    95
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    Mute Jack Moss
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    Jan 30th 2024, 10:40 PM

    @Martin Mongan: The same old victim rubbish . The Dublin Monaghan bombings . Did you expect people in NI to do nothing while you played a part in mass murder . The Dublin Monaghan bombings is a bloody nose compare to the suffering you inflicted on the people of the north . That includes Catholics and Protestants .

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    Mute Martin Mongan
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    Jan 30th 2024, 10:48 PM

    @Jack Moss: the Dublin and Monaghan bombings were carried out by MI6 John. Got it so the people of NI can bomb the south no problem at all in revenge but the people in the north standing up for themselves after murder by crown forces is terrorism. Look up hypocrisy in the dictionary you might see your picture

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    Mute Mike smith
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    Jan 30th 2024, 10:59 PM

    @Jack Moss: You are out of order. Nobody buys your one sided “The Empire is wonderful, the resistance caused all the trouble” fairy tales. Give up.

    76
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    Mute Martin Mongan
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    Jan 30th 2024, 11:27 PM

    @Thomas M Dunne: oh look it’s made another profile. I look forward to enjoying your conversations with yourself this week

    35
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    Mute Jack Moss
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    Jan 31st 2024, 12:11 AM

    @Martin Mongan: the Dublin Monaghan bombings was a few off duty UDR soldiers that colluded with loyalist terrorists to give the ROI a bloody nose . The Republican version is of course that Mi6 set it up . Maggie thatcher order it and the Queen pressed the button .

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    Mute Sickof thisshit
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    Jan 30th 2024, 6:46 PM

    Two cowboys..

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    Mute John Kenny
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    Jan 30th 2024, 9:12 PM

    @Sickof thisshit: and indians

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    Mute 9QRixo8H
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    Jan 30th 2024, 7:07 PM

    Along with this and the renewed surge in Far Right parties, the European Court of Human Rights is going to have a lot on its hands.

    They rose to power through the ballot box before, first wanting the jews out of society by burning buildings, today it’s immigrants they want out of society while burning buildings marked for them.

    56
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    Mute John Flanagan
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    Jan 30th 2024, 7:32 PM

    Mr sunak would bee better off minding his bloddy business. He is destroying the humon rights of people willy nilly in his own country. Butt out.

    63
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    Mute Kevin O Brien
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    Jan 30th 2024, 8:09 PM

    They have much in common both said its not a genocide 200 a day not enough for them

    32
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    Mute Jack Moss
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    Jan 30th 2024, 10:45 PM

    Father Patrick Ryan sitting in a cafe in the 26 counties boasting about the part he played in the IRA and his role in terrorist attacks in NI and nobody cares . Not the Irish gov or the Garda .

    17
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    Mute Mike smith
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    Jan 30th 2024, 11:05 PM

    @Jack Moss: Union Jack, is there a UVF forum where you can spout this stuff? Your boot licking is embarrassing.

    61
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    Mute Martin Mongan
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    Jan 30th 2024, 11:29 PM

    @DGQ: he doesn’t even have the stones to post under his real name nevermind going outside the house. But we shouldn’t poke fun as it’s the only social interactions the poor lad gets :(

    27
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    Mute Jack Moss
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    Jan 30th 2024, 9:52 PM

    THE ROI that hasn’t persecuted a single person for terrorism since the GFA is taking legal action against another country because they say people deserve justice . One of the conditions of the GFA was that terrorists got released early . Terrorists that murder people from NI and the British security forces not terrorists that murder Garda . The Irish government insisted that they were not included in the GFA .

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    Mute Robert Halvey
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    Jan 31st 2024, 9:05 AM

    The little englanders trying to tell us what to do again and they think we give a care

    11
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    Mute Samuel Gluck
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    Jan 30th 2024, 9:05 PM

    As an outsider it’s like watching the Millennials hate the baby boomers for getting free education and cheap housing.
    It’s a different time let’s move forward together, it’s not like we hate our parents for living in a different time

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    Mute Martin Mongan
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    Jan 30th 2024, 10:32 PM

    @Samuel Gluck: as an outside I suggest you read a history book on the matter before comparing state sanctioned murder and cover ups to free education. Education is still free in Ireland so I strongly recommend you take it up

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    Mute Pink Freud
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    Jan 30th 2024, 9:02 PM

    I say let them have it!!
    Let it rip ta puk!
    Tis great fun watching Britain bring comeuppence unto itself with its Brexit stupidities.
    And while we’re at it, fer jaysus sakes, can we bring an injunction to halt ALL new Nuclear Plants, especially on West Cost. Demand they move Sellafield decommissioning to the South-East. Since France is sooo keen on Nuclear and we are not. Why should we be obliged to endure their nuclear incompetence and calamities? And what happens when their descent into Brexit Economic Destitution leads to down spiralling in maintenance? Unable to fund decommissioning, unable to fund Maintenance and/or Security of “new” Power Plants. We should be taking legal proceedings to stop all new Nuclear **until** they have permanently cleaned up, cleaned away, and financed storage-in-perpetuity for Sellafield waste….on the South-East of England.

    But I digress. Back to ‘Troubles Legacy’ – let them at it and let them HAVE it!!

    Release all Justice/non-prosecution provisions of the Good Friday Agreement.
    Let the case for Ireland vs Britain be thrashed out, in it’s entirety, in the International CRIMINAL Court.

    All IRA should welcome this.
    Surrender themselves…. ** to the ICC ** (lulz!).

    Because, Wallahi, F–Y–uf-king–Y: we would win every single legal argument!!

    Armed Resistence is **permitted** under International Law as a consequence of the fact that without a civilian Armed Resistance to the Nazi Occupation – there never would have been “The Allies” and a “World War 2″ against 1 [Nazi] of the 2 [USSR] Fascist Expansionist Regimes of the 1930s-40s

    The Crimes of Apartheid, War Crimes of Interment Without Trial, and the use of **State-sponsored Terrorist Paramilitaries** against an oppressed Civilian Population and *religious group* – are ALL prohibited under International Law.

    This is the potential mitigation for IRA who submit to the ICC.
    Although the “punishment beatings” and “kneecapping” are prohibited attacks on Civilians (unless they were combatants). Lawyers should be consulted on the ‘wartime’ mitigations for that, if any. But it’s a sacrifice. A sacrifice that is a means by which to get the Brits, once and for all, for everyone around the world who stood up to them, not just the Irish.

    So bring it Britain!!
    You will swiftly find yourself with a giant bite mark of International Justice on yer arse.

    Let’s do it.
    Because *Palestine* needs us to.
    *Palestine* needs the legal precedent argued – win, lose or draw.
    If it can be done, by transferring all cases to ICC, without shredding the GFA completely – then let’s bloody well do it.

    12
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