Britain brands Ireland’s ECHR case against controversial legacy act 'unnecessary'

It said the decision to initiate action on the NI Troubles (Legacy and Reconciliation) Act 2023 that introduces a statute of limitations for British soldiers, members of the security forces, republicans and loyalists accused of committing atrocities during the Troubles, came at a ‘particularly sensitive’ time.

The Northern Ireland Office said it had asked Dublin to engage with the Independent Commission for Reconciliation & Information Recovery – an information body being set up under the legislation which was unilaterally passed by Britain in September.

"The UK Government profoundly regrets the decision taken by the Irish Government today to bring this unnecessary case against the UK.

“The decision comes 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.

“The ICRIR, led by Sir Declan Morgan KC, is continuing its work ahead of its full establishment next year.

“The UK Government urged the Irish Government, before considering action, to engage directly with the Commission to understand better its plans for the implementation of the legislation, particularly given that effective information recovery for many families will require cross-border cooperation. It is a matter of considerable regret that it has chosen not to do so,” it said.

The Tánaiste Micheál Martin said the decision to introduce the act and not proceed with the legacy provisions of the 2014 Stormont House Agreement had left the Irish government with few options.

The NIO hit back: “Although the Irish government refers back to the Stormont House Agreement nine years ago, the reality is that there was no cross-party consensus or agreement to the practical implementation and out-workings of that agreement.”

It claimed the Irish Government was not going enough to deal with legacy issues.

“The Tánaiste has stated that the Irish Government is intent on pursuing a victim-led approach. They have been critical about our proposed approach on the grounds that it moves away from a focus on criminal prosecutions.

“We believe that the Irish Government’s stated position on dealing with legacy issues is inconsistent and hard to reconcile with its own record. 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.

“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.

“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.

“While this step is disappointing, it is one for which the UK Government was prepared. The UK Government remains confident that the Act provides a robust and effective framework to allow the ICRIR to discharge our legal obligations,” the NIO stated.

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