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 prime minister 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).
On the UK side, the move was welcomed by soldiers and their families, following various historical prosecutions.
But there were warnings it would breach human rights law, 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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Victims refuse to choose between truth and justice in Northern Ireland
The Northern Ireland Legacy Bill was opposed by every victim’s group and political party.
It was 1971 when the Irish government last took a case against the UK government to the European Court of Human Rights.
The highly controversial legislation was opposed by every victim’s group and political party in Northern Ireland.
By granting a conditional amnesty to those accused of historical offences, it contravenes the European Convention on Human Rights.
The convention, which obligates countries to pursue justice for unnatural deaths, is an element of the Good Friday Agreement.
To put it simply, the act is not deemed compatible with either the convention or the Good Friday Agreement.
The UK government was under pressure to end any prosecution of military veterans who had served in Northern Ireland.
But the act also grants immunity from prosecution to the very terrorists who once murdered soldiers in Northern Ireland.
The amnesty is subject to participation with a truth recovery body, but victims refuse to choose between truth and justice.
‘People in Northern Ireland oppose UK law’
Mr Martin said the Irish government’s decision was made “after much thought and careful consideration”.
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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.”
Prime Minister Leo Varadkar said the attorney general’s advice on the matter is “very strong” – and that the UK is “in breach of the UN Convention on Human Rights”.
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.
Image: Taoiseach Leo Varadkar
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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.
The home secretary is set to unveil sweeping measures to tackle illegal migration, vowing to end the UK’s ‘golden ticket’ for asylum seekers.
People granted asylum in the UK will only be allowed to stay in the country temporarily, in the changes expected to be unveiled on Monday by Shabana Mahmood.
Modelled on the Danish system, the aim is to make the UK less attractive for illegal immigrants and make it easier to deport them.
Planned changes mean that refugee status will become temporary and subject to regular review, with refugees removed as soon as their home countries are deemed safe.
The Home Office said the “golden ticket” deal has seen asylum claims surge in the UK, drawing people across Europe, through safe countries, onto dangerous small boats.
Under current UK rules, those granted refugee status have it for five years and can then apply for indefinite leave to remain and get on a route to citizenship.
As part of the changes, the statutory legal duty to provide asylum seeker support, including housing and weekly allowances, will be revoked.
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The government will seek to remove asylum support, including accommodation and handouts, to those who have a right to work and who can support themselves but choose not to or those who break UK law.
Image: Home Secretary Shabana Mahmood. Pic: PA
‘Last chance for a decent politics’
A government source said Ms Mahmood believes her reforms are about “more than the electoral fortunes of her party”.
“This is the last chance for a decent, mainstream politics. If these moderate forces fail, she believes, something darker will follow,” they said.
“But this demands that moderates are willing to do things that will seem immoderate to some. She has reminded those who are reluctant to embrace her ambition for bold reform, with an ultimatum: ‘if you don’t like this, you won’t like what follows me.'”
Ms Mahmood said they were the most sweeping changes to the asylum system “in a generation”, as she vowed the government will “restore order and control to our borders”.
The home secretary also told The Sunday Times that “I can see – and I know my colleagues can – that illegal migration is tearing our country apart”.
The source said Ms Mahmood believes the system is being “gamed by those travelling on boats or abusing legal visas”.
Some 39,075 people have arrived in the UK after making the journey across the Channel so far this year, according to the latest Home Office figures.
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The gangs smuggling people to the UK
That is an increase of 19% on the same point in 2024 and up 43% on 2023, but remains 5% lower than at the equivalent point in 2022, which remains the peak year for crossings.
What happened in Denmark?
The UK government points to Denmark remaining a signatory of the European Convention on Human Rights, while also cutting the number of asylum applications to the lowest number in 40 years and successfully removing 95% of rejected asylum seekers.
What are Denmark’s migration rules?
Denmark has adopted increasingly restrictive rules in order to deal with migration over the last few years.
In Denmark, most asylum or refugee statuses are temporary. Residency can be revoked once a country is deemed safe.
In order to achieve settlement, asylum seekers are required to be in full-time employment, and the length of time it takes to acquire those rights has been extended.
Denmark also has tougher rules on family reunification – both the sponsor and their partner are required to be at least 24 years old, which the Danish government says is designed to prevent forced marriages.
The sponsor must also not have claimed welfare for three years and must provide a financial guarantee for their partner. Both must also pass a Danish language test.
In 2018, Denmark introduced what it called a ghetto package, a controversial plan to radically alter some residential areas, including by demolishing social housing. Areas with over 1,000 residents were defined as ghettos if more than 50% were “immigrants and their descendants from non-Western countries”.
In 2021, the left of centre government passed a law that allowed refugees arriving on Danish soil to be moved to asylum centres in a partner country – and subsequently agreed with Rwanda to explore setting up a program, although that has been put on hold.
Shadow home secretary Chris Philp said the Labour government has “lost control” of the UK’s borders” with illegal channel crossings “surging to over 62,000 since the election”.
He said some of the new measures were welcome but “they stop well short of what is really required and some are just yet more gimmicks – like the previous ‘smash the gangs’ gimmick”.
Mr Philp added: “Only the Conservative borders plan will end illegal immigration – by leaving the ECHR, banning asylum claims for illegal immigrants, deporting all illegal arrivals within a week and establishing a Removals Force to deport 150,000 illegal immigrants each year.”
And Enver Solomon, chief executive of Refugee Council, said: “These sweeping changes will not deter people from making dangerous crossings, but they will unfairly prevent men, women and children from putting down roots and integrating into British life.”
The train crew member who was seriously injured while trying to protect passengers during a mass stabbing has been discharged from hospital.
Samir Zitouni, 48, known as Sam, was working on board the London North Eastern Railway (LNER) train from Doncaster to London when the attack began in Cambridgeshire on Saturday 1 November.
Mr Zitouni had been in a critical condition, having suffered multiple injuries in the incident, but was discharged on Saturday.
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Mahmood praises rail worker
His family said: “We are so grateful for the outpouring of support from the public, and very touched by all the kind words about Sam’s brave actions on the night of the attack.
“While we are really happy to have him home, he still has a significant recovery ahead and we would now like to be left in privacy to care for him as a family.”
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Train mass stabbing: A timeline of events
David Horne, managing director at LNER, said: “In a moment of crisis, Sam did not hesitate as he stepped forward to protect those around him.
“His actions were incredibly brave, and we are so proud of him, and of all our colleagues who acted with such courage that evening. Our thoughts and prayers remain with Sam and his family. We will continue to support them and wish him a full and speedy recovery.”
The attack is understood to have started shortly after the train left Peterborough, with passengers pulling the emergency alarms on the LNER service.
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Police believe train attacker filmed waving knife
Train driver Andrew Johnson, who served in the Royal Navy for 17 years, contacted a signaller and requested an unscheduled stop at Huntingdon station.
11 people were treated in hospital after the mass stabbing – nine were initially reported as having life-threatening injuries.
Anthony Williams, 32, was remanded into custody at Peterborough Magistrates’ Court on November 3, charged with 10 counts of attempted murder over the incident.
He will appear at Cambridge Crown Court on 1 December.
Donald Trump has said he will sue the BBC for between $1bn and $5bn over the editing of his speech on Panorama.
The US president confirmed he would be taking legal action against the broadcaster while on Air Force One overnight on Saturday.
“We’ll sue them. We’ll sue them for anywhere between a billion (£792m) and five billion dollars (£3.79bn), probably sometime next week,” he told reporters.
“We have to do it, they’ve even admitted that they cheated. Not that they couldn’t have not done that. They cheated. They changed the words coming out of my mouth.”
Mr Trump then told reporters he would discuss the matter with Prime Minister Sir Keir Starmer over the weekend, and claimed “the people of the UK are very angry about what happened… because it shows the BBC is fake news”.
The Daily Telegraph reported earlier this month that an internal memo raised concerns about the BBC’s editing of a speech made by Mr Trump on 6 January 2021, just before a mob rioted at the US Capitol building, on its flagship late-night news programme.
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BBC crisis: How did it happen?
The concerns regard clips spliced together from sections of the president’s speech to make it appear he told supporters he was going to walk to the US Capitol with them to “fight like hell” in the documentary Trump: A Second Chance?, which was broadcast by the BBC the week before last year’s US election.
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Following a backlash, both BBC director-general Tim Davie and BBC News chief executive Deborah Turness resigned from their roles.
‘No basis for defamation claim’
On Thursday, the broadcaster officially apologised to the president and added that it was an “error of judgement” and the programme will “not be broadcast again in this form on any BBC platforms”.
A spokesperson said that “the BBC sincerely regrets the manner in which the video clip was edited,” but they also added that “we strongly disagree there is a basis for a defamation claim”.
Earlier this week, Mr Trump’s lawyers threatened to sue the BBC for $1bn unless it apologised, retracted the clip, and compensated him.
Image: The US president said he would sue the broadcaster for between $1bn and $5bn. File pic: PA
Legal challenges
But legal experts have said that Mr Trump would face challenges taking the case to court in the UK or the US.
The deadline to bring the case to UK courts, where defamation damages rarely exceed £100,000 ($132,000), has already expired because the documentary aired in October 2024, which is more than one year.
Also because the documentary was not shown in the US, it would be hard to show that Americans thought less of the president because of a programme they could not watch.
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Sky’s Katie Spencer on what BBC bosses told staff on call over Trump row
Newsnight allegations
The BBC has said it was looking into fresh allegations, published in The Telegraph, that its Newsnight show also selectively edited footage of the same speech in a report broadcast in June 2022.
A BBC spokesperson said: “The BBC holds itself to the highest editorial standards. This matter has been brought to our attention and we are now looking into it.”
This breaking news story is being updated and more details will be published shortly.