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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 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.

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Victims refuse to choose between truth and justice in Northern Ireland


David Blevins - Senior Ireland correspondent

David Blevins

Senior Ireland correspondent

@skydavidblevins

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.”

Read more:
The Good Friday Agreement 25 years on
Bloody Sunday: A ‘watershed’ in the history of The Troubles

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 speaks to the media
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Taoiseach Leo Varadkar

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From September:
Bill approved by MPs – but legal fight could be coming

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.

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UK

Prisoners being sent back to jail because it’s the ‘easiest thing to do’, chief inspector of probation says

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Prisoners being sent back to jail because it's the 'easiest thing to do', chief inspector of probation says

Prisoners are being sent back to jail by the probation service because it’s the “easiest thing to do”, rather than solely for public protection, the chief inspector of probation has told Sky News.

Martin Jones cited caseload “pressure” in the service meaning officers are recalling people to jail to get them out of their “worry zone”, even if it has “relatively little impact on the protection of the public”, causing “overcrowded prisons” for “limited benefit.

“I think it’s a symptom of a system under huge pressure,” said Mr Jones.

“I’m not sure that the checks and balances are in place to ensure that it’s really about significant risk to the public. There is of course a difference between somebody, for example, committing a very serious sexual or violent offence and perhaps somebody who is released from custody on licence, they don’t have anywhere to live and they shoplift. They might face further charges. Is it really necessary for the protection of the public that person be recalled to custody?.”

The recall population in England and Wales – the number of prisoners sent back to jail after release – has more than doubled in the last decade. It now accounts for 15% of the total number of people behind bars.

Data published by the Ministry of Justice covering July-September 2024 showed there were 9,975 recalls, up 42% on the same period the previous year, and the highest quarterly recall statistics on record. It means that for every 100 people being released between July and September, 67 people were recalled.

It comes after the government introduced a new early release scheme in September, which saw thousands of offenders freed after serving 40% of their sentence, rather than 50%.

In the three months to September, nearly a quarter (24%) of recall cases involved a charge of further offending, with almost three-quarters (73%) of people recalled for “non-compliance” with license conditions.

That can include missing or turning up late to probation appointments, missing curfews, or poor behaviour. Homelessness, meaning offenders aren’t reporting to stable accommodation, is another significant recall factor.

In the past three years, the annual number of recalls for people who have faced no further charges while on license almost doubled, from 13,192 to 25,775 per year. Meanwhile the number recalled who have been charged with a new crime is almost exactly the same as it was then.

Less than a quarter of those recalled to prison in the year to September were charged with a new crime – the first time on record that figure has been that low.

There are a number of factors as to why the recall population has grown so much. These include longer sentences meaning lengthier license supervision periods on release, higher caseloads, and structural changes to the service meaning probation monitoring is required for all offenders.

Before 2014, it wasn’t required for those sentenced to less than a year in jail.

Early release schemes under the previous government and new measures introduced by Labour in September have contributed.

Changes to the recall process in April also mean that less serious offenders serving sentences of under 12 months will go back to prison for a fixed short period. It’s therefore possible for an offender who might have previously been back in prison for months, now to be released and recalled multiple times.

The number of recalls to releases has been growing. In 2013 prisons were recalling one prisoner for every five people released. That ratio is now 3:5.

Sky News spent an afternoon with ex-offenders in Burnley as they turned up to a charity service called Church on the Street, which offers support to help former criminals turn their lives around.

All of them had experiences and stories of recall, some more than once.

One man said he’d been “recalled for missing three appointments, for being drunk and under the influence”.

“Every time I’ve been recalled, it’s always been for 18 months, two years. It goes on for that long,” he said.

He accepts “responsibility” for breaking the rules but doesn’t feel it “warrants” lengthy terms back in jail for “no crime committed”.

Read more:
Prisoners moved to less secure jails to tackle overcrowding

Under-strain prison system to shut down thousands of unfit cells
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Long sentences, sometimes for serious crimes, mean that when released at the halfway point prisoners are monitored by the probation service with lengthy license periods. If recalled, whether that be for a breach of a license condition or a further crime – they can end up serving the remainder of that sentence in prison.

Another ex-offender we met told us of a man who was released homeless, with a GPS tracking tag. He couldn’t charge his tag as had no electricity, without a home, and hence couldn’t be monitored by the probation service, and so was recalled to jail.

Pastor Mick Fleming says the recall situation is 'ridiculous'
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Bishop Mick Fleming says the recall situation is ‘ridiculous’

Bishop Mick Fleming runs Church On The Street and calls the situation with recall “ridiculous”, saying that the community has noticed a “massive” increase, suggesting that both the prison and probation system is “failing”.

What’s being noticed outside jail in the community, is also being felt inside a pressured and crowded prison system.

When Sky News visited HMP Elmley in Kent in October, almost everyone we spoke to referenced issues with recall.

“It’s like a revolving door”, one serving offender told us. Another said, “cut the recalls down, and the prisons will be empty”.


“Cut the recalls down, and the prisons will be empty”

Serving prisoner

“We release a lot of people, they’re homeless, they come back within three days,” said a prison officer.

In a statement a Ministry of Justice spokesperson told Sky News that the number of recalled offenders in prison has “doubled” which they say has “contributed to the capacity crisis the new government inherited, with prisons days away from overflowing”.

They said it can take “months before a Parole Board decision on whether a recalled prisoner should be re-released and so we are looking at ways to reform the recall and re-release process, while retaining important safeguards to keep the public safe”.

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Sheffield city centre roads remain shut as police negotiate with ‘armed man’ at flats

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Sheffield city centre roads remain shut as police negotiate with 'armed man' at flats

Roads remain shut in Sheffield city centre as police continue to negotiate with a man who allegedly has weapons.

The incident at a block of flats in Broad Street has been going on for over 24 hours, with residents evacuated and spending Monday night at a nearby sports centre.

Police said they gained access to the building on Tuesday evening and reunited residents with their pets.

However, the Gateway flats remain evacuated and Sheffield Parkway is closed in both directions between Park Square roundabout and Derek Dooley Way.

Trams and buses have also been disrupted.

The Sheffield Star said thousands of commuters were affected on Tuesday morning, with some spending three hours trying to get to work.

South Yorkshire Police said the man is inside a property and is alleged to have weapons and be “a risk to himself”.

Read more from Sky News:
Post-mortem reveals injuries of couple found dead in France
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The incident began at around 7pm on Monday.

“Those evacuated are all cared for and being accommodated with families and friends or in nearby facilities,” said a police statement.

Officers added: “Our aim is to bring the incident to a close safely and get everyone and their families back to their homes as soon as possible.”

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Post-mortem results reveal injuries of British couple found dead at home in France

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Post-mortem results reveal injuries of British couple found dead at home in France

Police investigating the deaths of a British couple at their home in rural France have released details from a post-mortem examination.

Prosecutors say Dawn Searle, 56, was found at their property in Les Pesquies with “several” injuries to her head, while her husband, Andrew Searle, 62, was found hanged with no visible defensive injuries.

They are investigating whether the deaths are the result of a murder-suicide or if a third party was involved.

The pair are said to have been found dead by a German friend, who lives nearby, on Thursday after Mr Searle didn’t arrive for one of their regular dog walks.

The couple moved to the hamlet of Les Pesquies around a decade ago and married in the nearby town of Villefranche-de-Rouergue, in the south of France, in 2023.

Andrew and Dawn Searle's home
Image:
Andrew and Dawn Searle’s home

A statement from the office of public prosecutor Nicolas Rigot-Muller said Ms Searle was found partially dressed with a major wound to her skull next to a box with jewellery inside.

But no object or weapon was found that could’ve caused the wounds, which an autopsy carried out in Montpellier on Monday found were caused by a blunt and sharp object. There were no signs of sexual assault.

The house appeared to have been quickly searched, while some cash was found in the couple’s room.

Investigators are conducting further examinations, including toxicology and pathology tests, to help determine the precise circumstances of their deaths.

A police officer outside Andrew and Dawn Searle's home in France
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A police officer outside Andrew and Dawn Searle’s home in France

Andrew and Dawn Searle
France
British couple deaths
Villefranche-de-Rouergue Aveyron
ENEX (no credit req)
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The village of Villefranche-de-Rouergue Aveyron

They each have two children from previous relationships and Ms Searle’s son, the country musician and former Hollyoaks star Callum Kerr, said they were in mourning in a statement posted on Saturday.

Family members are understood to have travelled to France, where they have spoken with investigators.

Read more from Sky News:
Identities of bodies recovered from Scottish rivers confirmed
Chelsea footballer Sam Kerr not guilty of racial harassment

The mayor of Villefranche-de-Rouergue, Jean-Sebastien Orcibal, who was also a neighbour of the Searles, said villagers and the British expat community were going to be getting “psychological help” following the incident, which has left locals in shock.

Speaking to Sky News from the town hall in which he conducted the couple’s wedding ceremony, he said: “It doesn’t seem like the problem comes from here because when we knew them and saw them living here they were very happy, very friendly and didn’t seem to have any problems.

“The problem seems to come from the past or somewhere far away.

“It’s an isolated act, it’s very independent. It doesn’t say that it’s a very dangerous territory, in fact, it’s very peaceful and that’s why probably Andy and Dawn chose to live here, because it’s very peaceful.

“Now, did their past come back and get them? That’s another story. That’s totally different from where we are. It could’ve happened anywhere.”

A Foreign Office spokesperson previously said: “We are supporting the family of a British couple who died in France and are liaising with the local authorities.”

Anyone feeling emotionally distressed or suicidal can call Samaritans for help on 116 123 or email jo@samaritans.org in the UK. In the US, call the Samaritans branch in your area or 1 (800) 273-TALK

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