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).
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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 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.
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”.
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.”
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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.
Taoiseach Leo Varadkar
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From September:
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UK defends law to ‘further reconciliation’
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.
UK
‘Major incident’ declared in Northern Ireland as wildfire breaks out amid higher-than-normal temperatures
A major incident has been declared in Northern Ireland after a wildfire broke out, the latest in a series of blazes seen across the UK over the past week amid soaring temperatures.
More than 100 firefighters and 14 fire appliances were at the scene of the “significant” wildfire on Sandbank Road, Hilltown, Northern Ireland Fire and Rescue Service said.
The fire had a front of approximately two miles “including a large area of forestry close to property”, the service said.
The wildfire on Sandbank Road, Hilltown. Pic: Sky Watch NI
“Local residents are requested to avoid the area, a number of roads have been closed, to help support firefighting operations,” the fire service added.
“We ask that all members of the public remain particularly vigilant to the risk of fire at this time. We can reassure members of the public that normal service delivery is being maintained.”
More than 100 firefighters were at the scene of the fire. Pic: Sky Watch NI
Various fires erupted across England this week amid uncharacteristically warm and dry conditions for the time of year.
On Saturday, helicopters were deployed to tackle Scotland’s fourth wildfire this week, with police saying a blaze “which started in the Newton Stewart area has spread northwards and is expected to reach the Loch Doon area of East Ayrshire around 12am on Sunday”.
Police Scotland added: “As a precautionary measure members of the public are asked to avoid the Loch Doon area and anyone who may be camping in the area is advised to leave.”
Moors Valley Country Park blackened by fires this week
Elsewhere in England, Devon and Cornwall Police said they were assisting the fire service with temporary road closures on the A30 in the Bolventor area as they tackle “a number of fires” on moorland.
In Dorset, Moors Valley Country Park was forced to close after multiple wildfires broke out there on Wednesday.
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Wildfires spread across nature reserve
Separate incidents were then reported at Upton Heath in Poole on Wednesday, and nearby Canford Heath in the early hours of Thursday.
Friday was officially the warmest day of the year so far – with temperatures in the south of England reaching 23C (73.4F) – the highest since 21 September last year, according to the Met Office.
The weather conditions triggered a “severe” wildfire rating for parts of the UK on Tuesday.
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