Northern Ireland's Court of Appeal delivered judgment in the challenge to the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 on Friday, September 20.
The challenge was an appeal lodged by then-Secretary of State of Northern Ireland Chris Heaton-Harris and a cross-appeal launched by several bereaved victims in response to the decision of Justice Adrian Colton that was handed down on February 28.
Justice Colton ruled then that while the Northern Ireland Legacy Act's immunity provisions are incompatible with the European Convention on Human Rights (ECHR), the Act's Independent Commission for Reconciliation and Information Recovery (ICRIR) is capable of being compliant.
However, on Friday, the Court of Appeal ruled that the ICRIR is "incompatible with human rights laws in relation to the power held by the Northern Ireland Secretary to withhold sensitive state files from bereaved families," the PA reported.
The judges also found that the ICRIR's process did not allow for sufficient participation by relatives and their legal representatives.
With regard to the Secretary of State of Northern Ireland's appeal, the High Court found that the Legacy Act breached the commitment under the Windsor Framework to protect the human rights entitlements provided for in the Good Friday Agreement.
As such, the Appeal Court dismissed the government appeal and upheld the original High Court judgment.
Before the judgment was handed down on Friday, bereaved family members and representatives from the Pat Finucane Center, the Justice for the Forgotten (JFF) group, Relatives for Justice (RFJ), and Amnesty International Northern Ireland staged a protest outside the Court of Appeal in Belfast.
Shoes of victims & survivors at the Court of Appeal today as we await judgment in the challenge to the Legacy Act.
The Act MUST go!
— Pat Finucane Centre (@FinucaneCentre) September 20, 2024
The ICRIR MUST go!@JFForgotten @RelsForJustice pic.twitter.com/vSO2PIbUqd
After the decision was handed down, RFJ, a non-profit charity that supports conflict bereaved and injured, welcomed the Court of Appeal's judgment.
"We have consistently cautioned against the Legacy Act, which grants the Secretary of State excessive veto powers over the ICRIR's functioning and disclosure," RFJ said in a statement on Friday.
"We have also raised concerns about the legislation's framework violating human rights and failing to fulfill the state's legal obligations.
"Legal debates aside, today was a victory for families. They have been let down too many times and don't need another failed process controlled by British self-interests. Today’s judgment vindicates those victims, families who largely opposed the Legacy Act and the ICRIR.
"Declan Morgan [the Chief Commissioner of the ICRIR] pledged to resign if the Legacy Act was found to lack human rights compliance. We, therefore, expect the Secretary of State to accept Morgan’s resignation this evening and to follow through on the Labour government’s promise to repeal the Legacy Act.
"The ICRIR is not human rights compliant, it’s not trusted by families, and therefore, it must be scrapped without further delay."
In a statement on Friday, Morgan said the judgment is now for the Secretary of State to respond to.
RFJ welcomes the Court of Appeal's judgment declaring the ICRIR framework non-compliant with human rights. We have consistently cautioned against the Legacy Act, which grants the secretary of state excessive veto powers over the ICRIR's functioning and disclosure. We have also… pic.twitter.com/h9FBtfEL3V
— Relatives 4 Justice #NeverGivingUp (@RelsForJustice) September 20, 2024
In a joint statement, the Pat Finucane Center and JFF described the findings as "strong and damning ...that Hilary Benn and Declan Morgan should be concerned about!"
PFC @JFForgotten initial reaction to Court of Appeal decision pic.twitter.com/A15zL6Yzzk
— Pat Finucane Centre (@FinucaneCentre) September 20, 2024
Also welcoming the judgment on Friday was Grainne Teggart, the Northern Ireland Deputy Director for Amnesty International UK.
"Today is an important victory for victims," Teggart said in Belfast, flanked by victims' families.
"The court has spoken loud and clear that core parts of the Independent Commission for Reconciliation and Information Recovery (ICRIR) are unlawful.
“From the outset, we and victims have raised our significant concerns with the ICRIR, a deeply flawed body created and curated by the last government.
"All eyes are now on the Secretary of State. We urge him to ensure the Troubles Act is repealed in full and that the ICRIR is replaced.
"[Northern Ireland's Secretary of State] Hilary Benn should return to the Stormont House Agreement and build from a strong human rights foundation."
📢 Victory for victims 📢Significant judgment from the Court of Appeal today. Core parts of ICRIR unlawful. All eyes on SoS @hilarybennmp @NIOgov We call on him to repeal the Troubles Act in *full* - ICRIR must be replaced. Time to return to & build on Stormont House Agreement. pic.twitter.com/PvzvgvJInW
— Grainne Teggart (@GTeggart) September 20, 2024
The controversial Northern Ireland Legacy Act, introduced in 2022, has the rare distinction of being opposed by all of Northern Ireland’s major political parties. It is also opposed by victims and victims groups, the Irish government, US politicians, Irish American groups, UN experts, and the majority of the UK public.
The day after it became law last September, Amnesty International UK said victims had joined together and submitted legal challenges to the Belfast High Court, the decisions of which were handed down in February.
The appeal and cross-appeal, the decisions of which were issued on Friday, were launched soon after.
In March, the UN's Human Rights Committee said the Act should be repealed or reformed to guarantee "independence, transparency, and genuine investigation power."
After the appeals were launched, the ICRIR became operational in May.
In July, the UK's new Labour Government committed to repealing the Legacy Act's conditional immunity scheme and reversing the policy prohibiting victims and families from bringing civil claims. However, it did not commit to scrapping the ICRIR, instead committing to strengthening its independence.
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