Irish government launches legal challenge against UK’s Northern Ireland Legacy Bill
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.
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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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September: Northern Ireland legacy bill approved by MPs – but legal fight could be coming
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.
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Labour deputy leadership candidate accuses opponent’s team of ‘throwing mud’ and briefing against her
Lucy Powell has accused Bridget Phillipson’s team of “throwing mud” and briefing against her in the Labour deputy leadership race in a special episode of Sky’s Electoral Dysfunction podcast.
With just days to go until the race is decided, Sky News’ political editor Beth Rigby spoke to the two leadership rivals about allegations of leaks, questions of party unity and their political vision.
Ms Powell told Electoral Dysfunction that through the course of the contest, she had “never leaked or briefed”.
But she said of negative stories about her in the media: “I think some of these things have also come from my opponent’s team as well. And I think they need calling out.
“We are two strong women standing in this contest. We’ve both got different things to bring to the job. I’m not going to get into the business of smearing and briefing against Bridget.
“Having us airing our dirty washing, throwing mud – both in this campaign or indeed after this if I get elected as deputy leader – that is not the game that I’m in.”
Ms Powell was responding to a “Labour source” who told the New Statesman last week: “Lucy was sacked from cabinet because she couldn’t be trusted not to brief or leak.”
Ms Powell said she had spoken directly to Ms Phillipson about allegations of briefings “a little bit”.
Bridget Phillipson (l) and Lucy Powell (r) spoke to Sky News’ Beth Rigby in a special Electoral Dysfunction double-header. Pics: Reuters
Phillipson denies leaks
But asked separately if her team had briefed against Ms Powell, Ms Phillipson told Rigby: “Not to my knowledge.”
And Ms Phillipson said she had not spoken “directly” to her opponent about the claims of negative briefings, despite Ms Powell saying the pair had talked about it.
“I don’t know if there’s been any discussion between the teams,” she added.
On the race itself, the education secretary said it would be “destabilising” if Ms Powell is elected, as she is no longer in the cabinet.
“I think there is a risk that comes of airing too much disagreement in public at a time when we need to focus on taking the fight to our opponents.
“I know Lucy would reject that, but I think that is for me a key choice that members are facing.”
She added: “It’s about the principle of having that rule outside of government that risks being the problem. I think I’ll be able to get more done in government.”
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Insider vs outsider
But Ms Powell, who was recently sacked by Sir Keir Starmer as leader of the Commons, said she could “provide a stronger, more independent voice”.
“The party is withering on the vine at the same time, and people have got big jobs in government to do.
“Politics is moving really, really fast. Government is very, very slow. And I think having a full-time political deputy leader right now is the political injection we need.”
The result of the contest will be announced on Saturday 25 October.
The deputy leader has the potential to be a powerful and influential figure as the link between members and the parliamentary Labour Party, and will have a key role in election campaigns. They can’t be sacked by Sir Keir as they have their own mandate.
The contest was triggered by the resignation of Angela Rayner following a row over her tax affairs. She was also the deputy prime minister but this position was filled by David Lammy in a wider cabinet reshuffle.
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