Measures to be brought forward to ‘begin process of repealing Legacy Act’

By Rebecca Black, PA

Measures are to be brought forward to “begin the process” of repealing the previous UK government’s controversial Legacy Act.

Britain's King Charles confirmed the move in his speech at the UK's 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While the entire Act cannot be repealed without something in place to replace it, the UK government is expected to repeal the controversial policy of offering conditional immunity for Troubles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 Sir 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 UK 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.