Measures to be brought forward to ‘begin process of repealing Legacy Act’
The scene following the Enniskillen bomb blast, in Co Fermanagh, which claimed the lives of 11 people during the Troubles (Picture: PA)
Measures are to be brought forward to “begin the process” of repealing the previous government’s controversial Legacy Act.
Britain's King Charles confirmed the move in his speech at the State Opening of Parliament on Wednesday.
Labour’s plan is to bring forward measures to begin the process of repealing and replacing the Act that gained royal assent just last year.
While the entire Act cannot be repealed without something in place to replace it, the government is expected to repeal the controversial policy of offering conditional immunity for Troubles crimes.
The Act, aimed at addressing the legacy of Northern Ireland’s past has been almost universally opposed by parties and victims’ groups.
It offers a limited form of immunity for perpetrators of Troubles crimes in exchange for full co-operation with the truth recovery body, the Independent Commission for Reconciliation and Information Recovery (Icrir), and halted civil cases and inquests which were not at findings stage earlier this year.
Earlier this year, then-shadow Secretary of State for Northern Ireland Hilary Benn indicated they would not scrap the Icrir, which is led by retired judge Declan Morgan, but wanted to see if it could command the confidence of victims’ families.
There have been legal challenges to the Act, including an interstate case by the Irish Government under the European Convention on Human Rights.
Meanwhile, a legal challenge by Troubles victims to the Act saw a lengthy judgment issued in February.
It found that conditional immunity from prosecutions for Troubles crimes is in breach of the European Convention on Human Rights.
However, the same judgment also found that the Icrir to be independent and capable of conducting human rights-compliant investigations.
The new Labour government is to stick to its General Election manifesto commitment to address legacy, aiming to find a way forward supported by victims and survivors, and which will comply with human rights organisations.
This is to include repealing the conditional immunity scheme and reversing the policy prohibiting victims and families from bringing civil claims, and set out steps to allow the Troubles-era inquests that were prematurely halted to resume.
Described as first steps, further legislation is to follow after consultation with the Northern Ireland political parties, the Irish Government and all communities in Northern Ireland.
Tánaiste and Foreign Affairs Minister Micheál Martin welcomed the announcement, saying there will be discussions to work out the specifics. These will involve all the political parties and victims' groups, he said.
"We have always been of the view that a collective approach is important and is key," Mr Martin said.
"I think what we are witnessing is, in many ways, a return to the spirit of the Good Friday Agreement with both governments anchoring that agreement and working constructively and collectively together with the parties in Northern Ireland and with all of the survivors' groups."
Sinn Féin TD Pearse Doherty said he welcomed the move to repeal a bill which he said united parties north and south in their opposition against it.
The bill would have ensured that no prosecutions, no further investigations into activity and events that happened during the time of the Troubles, he said.
"It is welcome that Kier Starmer is living up to the commitment we understand that he made during the campaign that he made personally to our party and to others that he would revoke this legislation," said Mr Doherty.
The Sinn Féin deputy leader also called for the Labour government to establish a public inquiry into the murder of Pat Finucane.
With a new British government in place, now is the appropriate time to have the inquiry and to allow the family to get the truth after decades of campaigning, Mr Doherty said.
