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THE BRITISH GOVERNMENT “profoundly regrets” a move by Ireland’s decision to legally challenge its legislation to deal with crimes committed during the Troubles in Northern Ireland.
In a statement, the Secretary of State for Northern Ireland Chris Heaton-Harris slammed the case as “unnecessary” and warned it came at a “particularly sensitive time in Northern Ireland”.
“It did not need to be taken now, given the issues are already before the UK courts,” Heaton-Harris said.
Earlier today, Taoiseach Leo Varadkar said the government was left with “no option” but to legally challenge the UK over the Legacy Act.
Varadkar said the “strong” legal advice was that the UK Legacy Act breached the UN Convention on Human Rights.
The Act received royal assent in September despite widespread opposition from political parties, victims’ organisations in Northern Ireland and the government.
Tánaiste and foreign affairs minister Micheál Martin said they were taking the case reluctantly after having spent time trying to change Britain’s mind.
Amnesty International praised the government for “doing the right thing” for victims of Northern Ireland’s Troubles by “taking a stand”.
The government is to argue that the provisions of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 are incompatible with the UK’s obligations under the European Convention on Human Rights.
Aspects of the 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 new Act will also halt future civil cases and legacy inquests.
Multiple Troubles victims and family members are supporting a legal challenge against aspects of the Act at Belfast High Court.
The UK also said it was prepared for the move by the Irish government, and would “robustly defend the legislation”.
Speaking today, Varadkar said: “The government took a decision that we will take an interstate case to the European Court of Human Rights in Strasbourg, seeking a judicial review of the UK Legacy Act.
“The attorney general’s advice on this is very strong, his advice is that the UK Legacy Act is in breach of the UN Convention on Human Rights. It’s also the view of the UN high commissioner and also the Council of Europe.
“It is something that we’re genuinely doing with a sense of regret, and would prefer not to be in this position, but we did make a commitment to survivors in Northern Ireland and to the families of victims that we would stand by them, respect their wishes and also stand by the Good Friday Agreement, which specifically references the European Convention on Human Rights.”
The Taoiseach added that the Stormont House Agreement had received consensus from both governments and parties in Northern Ireland.
He said: “The UK Government decided for their own reasons, and of course they have the right to do this, to go down a different path, which is the UK legacy legislation, which is now law.
“But we don’t agree with that, we think that the agreement agreed by the parties in Northern Ireland, the two governments is the better approach and we think at this stage we really have no option but to ask the European Court of Human Rights in Strasbourg to carry out a judicial review of this legislation.”
Martin said: “This decision was taken after much thought and careful consideration.
“I regret that we find ourselves in a position where such a choice had to be made.
“However, the decision by the British Government not to proceed with the 2014 Stormont House Agreement and instead pursue legislation unilaterally, without effective engagement with the legitimate concerns that we, and many others raised left us with few options.
“The British Government removed the political option, and has left us only this legal avenue.”
In his statement on Wednesday evening, Heaton-Harris also challenged the Irish government on its approach to legacy, describing it as “inconsistent”.
“At no time since 1998 has there been any concerted or sustained attempt on the part of the Irish state to pursue a criminal investigation and prosecution-based approach to the past,” he said.
“We note, in particular, the former Irish justice minister and attorney general’s 2014 reference to an informal decision on behalf of the Irish government to not investigate Troubles cases – something that he restated publicly in 2021 in response to our proposals.
“Indeed the Irish government should urgently clarify the number of criminal prosecutions brought in Ireland since 1998 relating to Troubles cases.”
He also added: “It is also a matter of public record that successive UK and Irish governments during the peace process worked closely together on a range of initiatives which have provided conditional immunity and early release from prison.”
His statement concluded by describing the British government’s bilateral relationship with Ireland as “one we value deeply”.
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The UK government don’t care they just want to hid their involvement in war crimes it is only right to challenge this bill at every turn and in all courts possible…
Britain is more concerned with hiding their dirty war tactics in Ireland, while continuing with their ‘ peace Keepers’ myth. Fear of the truth is their driving force.
Britain should be made pay for their crimes in ireland they got off scot free for the Dublin &Monaghan bombings and many more murders like Bloody Sunday and Ballymurphy massacres and other murders like majella o hare and many more atrocities
When they left Kenya with all the concentration camps and the horrors they put people through. Wouldn’t you know all the documents got destroyed. You cannot trust the British.
They are shocked typical tans
I guess we were supposed to just bow to their will, be happy with their decisions, always, forever.
You know the Brits will win this! The challenge is half heated by the Irish government, as usual. If they really wanted a head on a plate they should have arrested 2 key suspects that were names in independent reports, both could have faced extradition from the safe haven of the UK. Instead the Irish government bring some lame, vague challenges to the legal framework! Which are they more afraid of upsetting the Brits? Or finding out something they hadn’t anticipated and all the implications that could bring??
So many things for the British Government to regret, and they pick THIS?!
The amnesty for the IRA killers can now be revoked, and these murderers can now be brought to trial.
@Jim Lawlor: did you ever hear of Aiden mc anspie
@Jim Lawlor: I get it your a tan fan
@Jim Lawlor: How about the British intelligence officers involved in the Dublin/ Monaghan bombings…The British terrorist murders of Irish people on Bloody Sunday, Ballymurphy and other atrocities perpetrated by the British state sponsored Loyalist terrorists and security forces. Seems you forgot to mention these crimes. Perhaps the British government could hand over documents concerning the Dublin/Monaghan bombings which they consistently refused to do. I’m sure you will agree the British state should be held to account also for the crimes their forces committed in Kenya, Malaysia, Afghanistan, Iraq..just to name a few…Hopefully if the Irish governments case is won…The perpetrators of British terrorism will be held accountable.
@Donal Desmond: I think the point being made is that murders involved the BA, loyalists and republicans. And that all should be pursued. Agree that this has implications for other countries too. But each country has its own post hostilities agreements, so I’m not sure what can and can’t be done.
@Jim Lawlor: Paddy Boyles discharge? Google it.
@Jim Lawlor: tell the brits to hand over every intelligence official, soldier and politician that had any part in deaths in the North and then you can have your RA moment lad…..but of course that wont happen the brits would never wanna admit they have blood on their hands.
They can regret our position on the matter, we regret theirs on other matters
Funny, they’ve never expressed “profound regret” for the atrocities they committed here, or anywhere else for that matter. I think they know where they can stick their BS
Another excuse for the DUP not to take up their seats and restore a government in Northern Ireland until all this is over?
Maybe if we had a ‘infosys ” connection Rishi would be trawling through all thkse nasty files and bringing some soldiers / ex Ruc men to court .
Amazing what kimd of a mood changer money is to that man
Consequences. What consequences? Especially if the Irish government wins the case which is likely. It means the British government is completely in the wrong which we all know it is. This is a government that recently passed legislation to declare Rwanda a safe country despite being to by their own Supreme Court that it isn’t so this what you are dealing with. Jokers who will be a footnote come the next election which drawing near now.
What’s the point most people are dead anyways . When was the last time the ROI prosecuted anyone living in the 26 counties for acts terrorism during the troubles . The Irish government says people are entitled to justice but many of those that did the killing are living in the ROI free from prosecution .
The British are trying to cover up their collusion with loyalist paramilitaries from the top down shoot to kill policy, murder of innocent civilians pat finucane solisitor shot in front of his wife and small children and multiple other cover ups. What do you expect from the british who supporting the Israelis in their Genocide of innocent Palestinian children and what about the war in Iraq no weapons of mass destruction found and they gave war criminal Tony Blair aNighthood .you couldn’t make it up total criminality
Profoundly regrets.
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