Northern Ireland Troubles Legislation: High Court Rules Immunity Element as ‘Unlawful’
The High Court in Belfast has determined that a crucial aspect of the Northern Ireland Troubles Legacy Act is not in line with the European Convention on Human Rights.
Despite the High Court’s ruling that the legislation offering conditional immunity was “unlawful,” the government maintains its commitment to the Northern Ireland Troubles (Legacy and Reconciliation) Act.
The ruling by Mr. Justice Colton stated that the Independent Commission for Reconciliation and Information Recovery (ICRIR) cannot provide conditional immunity from prosecution to individuals possibly involved in crimes during The Troubles as it would violate the European Convention on Human Rights (ECHR).
Martina Dillon, whose husband Seamus was fatally shot by loyalist paramilitaries in 1997, expressed support for the judge’s decision.
Following the ruling, Danny Toland, whose father John was killed by loyalist paramilitaries in 1976, criticized the ICRIR, calling it a “waste of time and money.”
The Troubles, occurring between 1969 and 1998, resulted in over 3,600 deaths from attacks by various groups and security forces.
While the Good Friday Agreement addressed political issues, the resolution of unsolved murders and contentious killings remained unresolved.
The Northern Ireland Troubles (Legacy and Reconciliation) Act, controversially passed last year, received royal assent in September and will take effect on May 1.
This legislation, championed by Tory MP Johnny Mercer, grants immunity to individuals involved in Troubles-related crimes, conditional on truthful testimony to the ICRIR.
However, Mr. Justice Colton’s judgement deemed the immunity provisions under the Act as violating human rights and incompatible with the ECHR.
The clause preventing civil litigation related to the Troubles after Nov. 18, 2023 was also considered incompatible with human rights laws and should be disregarded.
Despite the court ruling, Northern Ireland Secretary Chris Heaton-Harris affirmed the government’s commitment to implementing the Legacy Act.
Irish Deputy Prime Minister Micheal Martin expressed non-surprise at the court’s ruling, stating that the Legacy Act breached the European Convention on Human Rights.
The Irish government has initiated a legal challenge against the British government over the Legacy Act, alleging violations of human rights laws.
The ICRIR spokesperson confirmed the commission’s independence and ability to conduct ECHR-compliant investigations, assuring lawful establishment and operation.
