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.
More on Northern Ireland
Related Topics:
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”.
Advertisement
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
Politics Hub with Sophy Ridge
Sky News Monday to Thursday at 7pm.
Watch live on Sky channel 501, Freeview 233, Virgin 602, the Sky News website and app or YouTube.
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.
Spreaker
This content is provided by Spreaker, which may be using cookies and other technologies.
To show you this content, we need your permission to use cookies.
You can use the buttons below to amend your preferences to enable Spreaker cookies or to allow those cookies just once.
You can change your settings at any time via the Privacy Options.
Unfortunately we have been unable to verify if you have consented to Spreaker cookies.
To view this content you can use the button below to allow Spreaker cookies for this session only.
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 threat of physical attacks by Iran on people living in the UK has increased “significantly” since 2022, according to a new report by parliament’s intelligence watchdog.
Iran poses a “wide-ranging, persistent and unpredictable threat” to the UK, according to the Intelligence and Security Committee.
It also said Iran’s intelligence services were “willing and able – often through third party agents – to attempt assassination within the UK, and kidnap from the UK”.
Image: Iran’s supreme leader Ayatollah Ali Khamenei. Pic: Office of the Iranian Supreme Leader/West Asia News Agency/Reuters
The report said there have been 15 murder or kidnap attempts against British citizens or UK-based individuals since the beginning of 2022 and August 2023.
Sky News has approached the Iranian embassy for a comment.
Please use Chrome browser for a more accessible video player
2:30
Millions of Iranians unite in mourning
The report authors add: “Whilst Iran’s activity appears to be less strategic and on a smaller scale than Russia and China, Iran poses a wide-ranging threat to UK national security, which should not be underestimated: it is persistent and crucially – unpredictable.”
The committee also says that while the threat is often focused on dissidents and other opponents to the regime, there is also an increased threat to Jewish and Israeli interests in the UK.
More on Iran
Related Topics:
The report warns that while Iran has not developed a nuclear weapon, it has taken steps towards that goal.
It found that Iran had been “broadly compliant” with the 2015 Joint Comprehensive Plan of Action (JCPOA), aimed at limiting its nuclear ambitions.
But since Donald Trump withdrew from that deal in 2018, the report said the nuclear threat had increased and Tehran “had the capability to arm in a relatively short period”.
The UK government is also accused of “fire-fighting” rather than developing a real understanding of Iran.
Image: Iran’s president oversees a parade in Tehran in April showing off the country’s military hardware. Pic: West Asia News Agency/Reuters
Image: Missiles are paraded through the capital during the recent National Army Day ceremony. Pic: West Asia News Agency/Reuters
The report says: “The government’s policy on Iran has suffered from a focus on crisis management, driven by concerns over Iran’s nuclear programme, to the exclusion of other issues.
“As one of our expert witnesses told the committee: ‘Strategy is not a word that I think has crossed the lips of policy makers for a while, certainly not in relation to Iran’.”
The committee concluded its evidence-taking in August 2023, the result of two years of work, but the report authors say their conclusions “remain relevant”.
But the report authors questioned whether UK sanctions against individuals would “in practice deliver behavioural change. Or in fact unhelpfully push Iran towards China”.
The committee also said the British government should consider proscribing the Iranian Revolutionary Guards Corps (IRGC), although some argue it would limit the UK’s ability to talk to and influence Iran.
Responding to the report, a UK government spokesperson said: “The government will take action wherever necessary to protect national security, which is a foundation of our plan for change.
“We have already placed Iran on the enhanced tier of the foreign influence registration scheme and introduced further sanctions against individuals and entities linked to Iran, bringing the total number of sanctions to 450.”
British security services say Tehran uses criminal proxies to carry out its work in Britain.
In December, two Romanians were charged after a journalist working for a Persian language media organisation in London was stabbed in the leg. In May, three Iranian men appeared in court charged with assisting Iran’s foreign intelligence service and plotting violence against journalists.
Earlier this year, the UK government said it would require the Iranian state to register everything it does to exert political influence in the UK, because of what it called increasingly aggressive activity.
The first thing you notice when immigration officers stop a possible illegal moped delivery driver is the speed in which the suspect quickly taps on their mobile.
“We’re in their WhatsApp groups – they’ll be telling thousands now that we’re here… so our cover is blown,” the lead immigration officer tells me.
“It’s like a constant game of cat and mouse.”
Twelve Immigration Enforcement officers, part of the Home Office, are joining colleagues from Avon and Somerset Police in a crackdown on road offences and migrants working illegally.
The West of England and Wales has seen the highest number of arrests over the last year for illegal workers outside of London.
“It is a problem… we’re tackling it,” Murad Mohammed, from Immigration Enforcement, says. He covers all the devolved nations.
“This is just one of the operations going on around the country, every day of the week, every month of the year.”
Image: Murad Mohammed, from Immigration Enforcement, says his team are attempting to tackle the issue
Just outside the Cabot Circus shopping complex, we stop a young Albanian man who arrived in the UK on the back of a truck.
He’s on an expensive and fast-looking e-bike, with a new-looking Just Eat delivery bag.
He says he just uses it for “groceries” – but the officer isn’t buying it. He’s arrested, but then bailed instantly.
We don’t know the specifics of his case, but one officer tells me this suspected offence won’t count against his asylum claim.
Such is the scale of the problem – the backlog, loopholes and the complexity of cases – that trying to keep on top of it feels impossible.
This is one of many raids happening across the UK as part of what the government says is a “blitz” targeting illegal working hotspots.
Angela Eagle, the border security and asylum minister, joins the team for an hour at one of Bristol’sretail parks, scattered with fast food chains and, therefore, delivery bikes.
Image: Border security and asylum minister, Angela Eagle, speaks to Sky News
She says arrests for illegal working are up over the last year by 51% from the year before, to more than 7,000.
“If we find you working, you can lose access to the hotel or the support you have [been] given under false pretences,” she said.
“We are cracking down on that abuse, and we intend to keep doing so.”
There are reports that asylum seekers can rent legitimate delivery-driver accounts within hours of arriving in the country – skipping employment legality checks.
Uber Eats, Deliveroo, and Just Eat all told Sky News they’re continuing to strengthen the technology they use to remove anyone working illegally.
But a new Border Security Bill, working its way through Parliament, could see companies fined £60,000 for each illegal worker discovered, director disqualifications and potential prison sentences of up to five years.
“I had them all in to see me last week and I told them in no uncertain terms that we take a very tough line on this kind of abuse and they’ve got to change their systems so they can drive it out and off their platforms,” the minister tells me.
For some of those who arrive, a bike and a phone provide a way to repay debts to gang masters.
There were eight arrests today in Bristol, one or two taken into custody, but it was 12 hours of hard work by a dozen immigration officers and the support of the police.
As two mopeds are pushed onto a low-loader, you can’t help but feel, despite the best intentions, that at the moment, this is a losing battle.
We see the boat from a distance – the orange of the life jackets reflected in the rising sun.
And as we draw closer, we can make out dozens of people crowded on board as it sets off from the shore, from a beach near Dunkirk.
There is no sign of any police activity on the shore, and there are no police vessels in the water.
Instead, the migrants crammed into an inflatable dinghy are being watched by us, on board a private boat, and the looming figure of the Minck, a French search and rescue ship that soon arrives.
Image: Minck, a French search and rescue ship, shadows the boat
The dinghy meanders. It’s not heading towards Britain but rather hugging the coast.
A few of the passengers wave at us cheerfully, but then the boat starts to head back towards the shore.
Image: Sky’s Adam Parsons at the scene
As it nears a different beach, we see a police vehicle – a dune buggy – heading down to meet it.
Normal practice is for French police officers to slice through the material of any of these small boats that end up back on shore.
Two police officers get out of the buggy and wait. A police helicopter arrives and circles above, performing a tight circle over the heads of the migrants.
The police think they might be about to go back on to the beach; in fact, these passengers know that most of them are staying put.
Follow The World
Listen to The World with Richard Engel and Yalda Hakim every Wednesday
The boat stops a short distance from the shore and four people jump out. As they wade towards the beach, the boat turns and starts to head back out to sea.
We see the two police officers approach these four men and have a brief conversation.
They don’t appear to check the bags they are carrying and, if they do question them about why they left the boat, it is the most cursory of conversations.
In reality, these people probably don’t speak French but they were almost certainly involved in arranging this crossing, which is against the law. But all four walk away, disappearing into the dunes at the back of the beach.