Irish Government awaiting legal advice on ‘very significant’ step of interstate case against Britain over legacy act

Minister of State at the Department of Foreign Affairs, Deputy Sean Fleming, said an interstate case against the UK at the European Court of Human Rights would be a ‘very significant’ step.

Speaking in the Seanad on Wednesday, Deputy Fleming said the advice is expected in the near future.

“Since the publication of the Bill, the Government has raised this issue at every possible forum, including the United Nations and Council of Europe, and at political and official level.

"The Act will damage reconciliation. It represents a unilateral and unnecessary departure by the UK Government from the agreed process for dealing with legacy issues in the Stormont House Agreement.

“The initiation of an interstate case against the United Kingdom before the European Court of Human Rights in relation to the UK's legacy Act would be a very significant step and not one that would be taken lightly.

"However, the Government has sought legal advice on this matter. While I do not have an exact date, that advice will be received in the near future.

"When it is received the Government will consider what subsequent action should be taken at that stage. It is a matter of deep regret that this is the space in which we find ourselves,” he said.

Donegal Fianna Fáil Senator Niall Blaney raised the matter and strongly criticised the UK Government's NI Troubles (Legacy and Reconciliation) Act 2023, which received assent from Charles III of Great Britain and Northern Ireland on September 18.

"It is a reckless piece of legislation by the British Government. It reminds us of the Thatcherite politics of the past. This legislation is retraumatising victims. It is wrong that victims have to go to take cases themselves and this is where Government needs to step in,” said the Donegal senator.

He claimed the new law ‘completely undermines the spirit of the Good Friday Agreement’.

"The fact that one of the guarantors is acting unilaterally in the manner in which they have, breaks many human rights laws. There are many victim groups in Northern Ireland.

"Gráinne Taggart from Amnesty International has been on the phone to me a lot. There is the WAVE Trauma Centre and other organisations.

"Representatives of these organisations are all hoping and praying the Irish Government will step up to look after their interests. It is imperative we do not spend too much time doing the paperwork and ensuring our i's are dotted and our t's are crossed.

"It is imperative that we move in time. We cannot take too long to decide if we are going to take a case to the European Court of Human Rights.

"It is only right that we do. It is well known and well documented that this legislation breaks many human rights' codes. It is not good enough that victims are left having to take cases with no other avenue to deal with this,” said Senator Blaney.

Gregory Campbell says ‘legacy bill’ will end up in High Court and truth recovery mechanism will ‘end up nowhere’