Immunity provision in Legacy Act is not human rights compliant, judge rules

By Jonathan McCambridge, PA

Provisions for conditional immunity from prosecution for Troubles offences in the UK government’s Legacy Act are not compatible with human rights legislation, the Belfast High Court has ruled.

Delivering a judgment at Belfast High Court, Mr Justice Adrian Colton said there was no evidence the immunity provision would in any way contribute to reconciliation in Northern Ireland.

However, the judge also said a new body set up to probe Troubles killings could carry out human rights-compliant investigations.

The Legacy Act received royal assent in September despite widespread opposition from political parties, victims’ organisations in Northern Ireland and the Irish Government.

Aspects of the laws include a limited form of immunity from prosecution for Troubles-related offences for those who co-operate with the new Independent Commission for Reconciliation and Information Recovery (ICRIR).

The new Act will also halt future civil cases and legacy inquests.

A number of Troubles victims had taken legal action challenging the human rights compliance of the UK government’s Act.

Mr Justice Colton told the court: “I am satisfied that the immunity from prosecution provisions under section 19 of the Act are in breach of the lead applicant’s rights pursuant to Article 2 of the ECHR (European Convention on Human Rights).

“I am also satisfied they are in breach of Article 3 of the ECHR.”

He added: “There is no evidence that the granting of immunity under the Act will in any way contribute to reconciliation in Northern Ireland, indeed the evidence is to the contrary.”

Mr Justice Colton said he was satisfied that a new body set up to probe Troubles killings could carry out human rights compliant investigations.

The UK government’s Legacy Act created the Independent Commission for Reconciliation and Information Recovery (ICRIR).

Mr Justice Colton told Belfast High Court: “I fully understand the opposition to the new scheme and the reasons for it.

“That said, I cannot at this remove say the system established under the Act cannot provide an article 2 and 3 compliant investigation.

“It has wide powers and wide range of discretion to carry out its reviews. Should it fall short of its obligations on articles 2 and 3, I have no doubt they will be subject to the scrutiny of the court.”

He added: “The court is satisfied that the provisions of the Act leave sufficient scope for ICRIR to conduct an effective investigation as required under articles 2 and 3 of ECHR.”

The Northern Ireland Secretary said the UK government was still intending to implement the Legacy Act in full, after Labour suggested one of its central powers “has just been struck down” by the High Court.

Shadow Northern Ireland secretary Hilary Benn told the Commons: “The Government’s Legacy Act is opposed by victims groups, all of the political parties in Northern Ireland, the Northern Ireland Human Rights Commission and others.

“This morning the Belfast High Court has found that the immunity provisions of the Act are not compliant with articles 2 and 3 of the European Convention on Human Rights.

“Given that immunity has always been presented as the central foundation of the Legacy Act, what do ministers intend to do about this judgment and how can the Commission became operational when one of its central powers has just been struck down?”

Northern Ireland secretary Chris Heaton-Harris replied: “As I say, this is a very complex case. Over 200 pages which were just being reported on less than 90 minutes ago, and so it will take some time to consider.

“But we do remain committed to implementing the Legacy Act, including delivering the ICRIR (Independent Commission for Reconciliation and Information Recovery).”

Minister for Further Education Simon Harris said: “It does certainly seem positive, and positive from the perspective of the Irish Government wanting to work to ensure that all families get justice because all families, of course, deserve justice.”

Speaking in the Dail in Dublin, he added: “Officials from the Department of Foreign Affairs are in close contact with organisations assisting the plaintiffs in this case.

“There are many families in Northern Ireland who stand to be impacted by the Legacy Act who will be studying today’s judgment carefully and there’d be an opportunity and no doubt to be updated on that in due course.”

He was responding to Sinn Fein TD Pearse Doherty who sought an update on the matter and said: “I want to welcome the news of the ruling in the High Court in Belfast this morning that the British Government’s Legacy Act is in breach of the European Convention on Human Rights.”