Britain ordered to give assurances Troubles 'legacy' bill won't breach human rights

The Council of Europe “noted with concern” the bill's proposal to terminate pending inquests that have not reached substantive hearings.

The Council of Europe has called on British Prime Minister Boris Johnson's government to consult with victims, families of victims and potential witnesses about the Troubles legacy bill.

The Council of Europe is to write to the British Government seeking detailed assurances that its controversial new bill on ‘legacy’ investigations in Northern Ireland does not breach the European Convention on Human Rights.

Political parties across the Northern divide are opposed to the legislation, with strenuous objections from victims’ groups and civil rights organisations.

The Irish Government has repeatedly expressed its concern at the Northern Ireland Troubles (Legacy and Reconciliation) Bill, which passed initial stages in the British parliament last month.

The draft legislation offers immunity to those who cooperate with a new commission of reconciliation and, in addition, stops civil actions and inquests related to the Troubles.

Foreign Affairs Minister Simon Coveney said many people might understandably feel that the immunity offered, whether it's conditional or otherwise, may be more about “protecting perpetrators” rather than the pursuit of justice or truth.

A committee of the Council of Europe is examining the bill’s compliance with the European Convention on Human Rights.

In a statement this afternoon, the council’s Committee of Ministers said it was emphasising again that it is “crucial” that the legislation ultimately adopted is in “full compliance” with the Convention and will enable effective investigations into all outstanding cases.

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The committee said the new investigative body being set up must have the confidence of victims, families of victims and potential witnesses – and called on the British Government to engage fully with such groups.

The statement said the law will prevent new civil claims being brought and “noted with concern” the proposal to terminate pending inquests that have not reached substantive hearings.

The committee said various parties have “raised concerns and questions” about whether the bill will be compatible with the Convention but added that the British Government is of the view that it would.

The statement said the committee needs more information to make a full assessment of the bill’s compliance with the Convention and of the proposed Independent Commission for Reconciliation and Information Recovery.

The committee’s secretariat has been instructed to prepare a list of detailed questions to be sent to the UK Government, seeking a response by August 1.

The letter will also seek information on the progress of the draft legislation, including the engagement undertaken, and planned, to gain confidence of relevant groups. It said the committee will consider the matter again at its September meeting.