Government announces plans to repeal controversial Northern Ireland Legacy Act, facing backlash from veterans
17 July 2024, 11:58 | Updated: 17 July 2024, 12:00
The new Labour government plans to repeal the Northern Ireland Legacy Act, aiming to address Troubles-era justice issues. This move faces opposition from veterans who fear renewed investigations, while victims' groups welcome the potential for renewed inquests and civil claims.
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In a significant move, the newly-elected Labour government under Prime Minister Keir Starmer has announced plans to begin the process of repealing and replacing the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.
The Legacy Act, which emerged from the last government’s manifesto commitment to protect Army veterans, was opposed by victims' groups and all the main political parties in Northern Ireland - while the previous Conservative government maintained the law as human rights compliant and would serve to draw a line under the past.
The act shut down all historical inquests from 1 May and prevented new civil cases from being lodged in court.
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Today's announcement came as part of the first King's Speech outlining the government's legislative agenda.
The Legacy Act, which has been widely criticised for denying justice to families and victims of the Troubles, will undergo substantial changes.
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The government said it has committed to addressing the legacy of the past in a manner that aligns with human rights obligations and garners support from victims and survivors.
Last month during an exclusive phone-in Sir Keir Starmer was asked by caller Steve, a veteran, why Labour would repeal the act given that it could lead to British veterans being prosecuted but not IRA terrorists, Sir Keir said he was opposed to it for "a number of reasons".
“I’ve got quite a lot of knowledge and experience of the process in Northern Ireland and the history and the aftermath,” Sir Keir told Steve.
“I’m against it for a number of reasons. The first is it doesn’t have the support of any of the political parties in Northern Ireland,” he continued.
“This is the wrong way of doing business.”He added that the act doesn’t have the support of victims groups either.
Sir Keir said it would not be fair if terrorists who did not receive letters of comfort were not prosecuted,
However, the plans have faced opposition from some quarters, particularly among veterans who served in Northern Ireland during the Troubles with the move potentially reopening old wounds and exposing former service personnel to renewed investigations and possible prosecutions.
Many veterans feel they've already been through extensive scrutiny and believe this decision undermines the peace they fought to achieve.
There are fears that repealing the Legacy Act could lead to a one-sided pursuit of former security force members, while terrorists who committed atrocities may continue to evade justice.
Key aspects of the proposed legislation include:
- Repealing the conditional immunity scheme, which the Northern Ireland High Court found incompatible with the UK's obligations under the European Convention on Human Rights.
- Reversing the policy that prohibited victims and families from bringing civil claims.
- Allowing the resumption of prematurely halted Troubles-era inquests.
- Exploring options to strengthen the independence of the Independent Commission for Reconciliation and Information Recovery.
The government said that this is the first step towards fulfilling their manifesto commitment. Further legislation is expected following consultations with Northern Ireland political parties, the Irish Government, and all communities in Northern Ireland.
Simon Harris, the Irish Taoiseach, has welcomed the incoming British government's commitments regarding the replacement of the Legacy Act.
The Troubles, a period of conflict in Northern Ireland that lasted over three decades, resulted in over 3,500 deaths.
Republicans were responsible for approximately 60 per cent of the fatalities, loyalists for 30 per cent, and security forces for 10 per cent. Many victims and families continue to seek answers about the events of this tumultuous period.
While the territorial extent of the current Legacy Act is UK-wide, it primarily applies to Northern Ireland. The government's decision to revise this legislation marks a significant shift in approach to addressing the complex legacy of the Troubles, with a renewed focus on reconciliation and justice for those affected.
As the process unfolds, all eyes will be on Westminster to see how the government navigates the delicate balance between addressing historical injustices and promoting healing in Northern Ireland.
