Irish government launches legal challenge against UK’s Northern Ireland Legacy Bill

Published

11 months ago

December 20, 2023

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The Irish government is to bring a legal case against the UK under the European Convention on Human Rights (ECHR).

The inter-state case is over the UK‘s decision to bring in the Northern Ireland Troubles Legacy Act, deputy premier Micheal Martin has confirmed.

The act became UK law in September 2023. It looks to end legal proceedings relating to the Troubles by granting immunity to people who cooperate with the new Independent Commission for Reconciliation and Information Recovery (ICRIR).

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On the UK side, the move was welcomed by soldiers and their families, following various historical prosecutions.

But there were warnings it would breach the ECHR as granting amnesties has previously been found by the European Court of Human Rights (ECtHR) to be incompatible with a country’s obligation to have a way for unnatural deaths and allegations of torture to be investigated.

Complying with the ECHR is part of the Good Friday Agreement.

Mr Martin said the decision was made “after much thought and careful consideration”.

He added: “I have consistently adopted a victims-centred approach to this issue. We are not alone in our concerns.

“Serious reservations about this legislation have also been raised by a number of international observers, including the Council of Europe’s Commissioner for Human Rights and the UN High Commissioner for Human Rights.

“Most importantly, this legislation is opposed by people in Northern Ireland, especially the victims and families who will be most directly impacted by this act.

“In particular, we have concerns around provisions which allow for the granting of immunity, and which shut down existing avenues to truth and justice for historic cases, including inquests, police investigations, Police Ombudsman investigations, and civil actions.

“Even in cases in which immunity is not granted,’reviews’ by the proposed body, the Independent Commission for Reconciliation and Information Recovery are not an adequate substitute for police investigations, carried out independently, adequately, and with sufficient participation of next of kin.”

When the act was passing through parliament, the UK’s Northern Ireland Office said it believed the law was in compliance with the ECHR.

This was due to the immunity being matched with the investigatory power of the ICRIR.

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The UK government stated at the time that “there is some support for the concept of amnesties in ECtHR jurisprudence, which recognises that the use of an amnesty can further the objective of reconciliation”.

According to the House of Commons Library, the act “would create a conditional immunity scheme, providing immunity from prosecution for Troubles-related offences for individuals that cooperate by providing information to the ICRIR.

“Future prosecutions would only be possible where immunity was not granted, following a referral from the ICRIR.

“However, it will not be possible to grant immunity to an individual who has already been convicted, or if a prosecution has already begun against them.”

It would also:

• Prevent non-ICRIR investigations into events from the Troubles;

• Prevent Troubles-era prosecutions not involving death or serious injury;

• Stop civil claims related to Troubles-era conduct;

• Stop non-advanced inquests continuing and any new inquests starting;

• Start a programme of memorialisation of the Troubles.

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Colum Eastwood, the leader of the nationalist SDLP, welcomed the move from the Irish government, saying: “No political party or institution on this island supports the British Government’s approach to addressing the legacy of the past.”

More than 3,500 people were killed during the Troubles, including over 1,000 members of the security forces.

Politics

NHS league tables and cancelled pay rises for managers among government health reforms

Published

4 hours ago

November 13, 2024

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NHS league tables and cancelled pay rises for managers among government health reforms

NHS league tables revealing failing NHS trusts and cancelled pay rises or dismissal for managers who don’t turn things around are to form part of the government’s plans to improve the health service.

Health Secretary Wes Streeting is confirming new measures he hopes will boost failing hospital trusts and encourage successful ones.

The changes form part of the Labour government’s strategy to reduce waiting lists “from 18 months to 18 weeks”.

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Health and the state of the NHS were consistently among the most important issues for voters at this year’s general election – with Labour blaming the Conservatives for “breaking” it.

As health is a devolved area, any reforms proposed in Westminster would only apply to England.

Chief among Mr Streeting’s proposals is a “league table” for NHS trusts.

An announcement from the Department for Health and Social Care said: “NHS England will carry out a no-holds-barred sweeping review of NHS performance across the entire country, with providers to be placed into a league table.

“This will be made public and regularly updated to ensure leaders, policy-makers and patients know which improvements need to be prioritised.”

It also promises to replace “persistently failing managers” – with “turn around teams” being sent in to improve trusts running sizeable deficits or offering poor service to patients.

The government says “senior managers” who fail to make progress will not be eligible for pay rises.

There will be “financial implications” for more senior figures such as chief executives if their trust does not improve.

On the flip-side, those trusts that are deemed to be “high-performing” will get “greater freedom over funding and flexibility”.

Senior leaders at these trusts will also be “rewarded”.

The government says the current system is not incentivising trusts to run a budget surplus, as they cannot benefit from it.

Mr Streeting said: “The budget showed this government prioritises the NHS, providing the investment needed to rebuild the health service.

“Today we are announcing the reforms to make sure every penny of extra investment is well spent and cuts waiting times for patients.

“There’ll be no more turning a blind eye to failure. We will drive the health service to improve, so patients get more out of it for what taxpayers put in.

“Our health service must attract top talent, be far more transparent to the public who pay for it, and run as efficiently as global businesses.

“With the combination of investment and reform, we will turn the NHS around and cut waiting times from 18 months to 18 weeks.”

Concerns from health representatives

Amanda Pritchard, the chief executive of NHS England, said: “While NHS leaders welcome accountability, it is critical that responsibility comes with the necessary support and development.

“The extensive package of reforms, developed together with government, will empower all leaders working in the NHS and it will give them the tools they need to provide the best possible services for our patients.”

Further plans on how monitoring will be published by the start of the next financial year in April 2025, the government said.

Matthew Taylor, the chief executive of the NHS Confederation – a body that represents all NHS trusts – said healthcare leaders welcome the “government’s ambition”.

However, he said he was concerned league tables and reducing pay may “strip out” the nuance of what’s going on.

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Mr Taylor said: “NHS staff are doing their very best for patients under very challenging circumstances and we do not want them feeling like they are being named and shamed.

“League tables in themselves do not lead to improvement, trusts struggling with consistent performance issues – some of which reflect contextual issues such as underlying population heath and staff shortages – need to be identified and supported in order to recover.”