The controversial Northern Ireland Legacy Act will be repealed and replaced, King Charles III said today, Wednesday, July 17.
“My Government will continue to support the political institutions and devolved government in Northern Ireland,” Charles said in his King's Speech, written by the government, before both houses of British Parliament today.
“In consultation with all parties, measures will be brought forward to begin the process of repealing and replacing the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 [Northern Ireland Legacy Legislation].”
Background notes for the King's Speech from the Prime Minister's Office elaborate: "We cannot repeal the Act in its entirety without anything to replace it.
"The Northern Ireland High Court has found the Independent Commission for
Reconciliation and Information Recovery to be independent and capable of
conducting human rights compliant investigations, but the Government will
explore options to strengthen its independence.
"We will repeal the conditional immunity scheme, which has been found by the Northern Ireland High Court to be incompatible with the UK's obligations under the ECHR.
"Following consultation with all parties, we will reverse the policy prohibiting victims and families from bringing civil claims. And we will set out steps to allow the Troubles-era inquests that were prematurely halted to resume."
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 Court ruled in February that the legislation's immunity provisions are incompatible with the European Convention on Human Rights (ECHR). However, it also ruled that the Act's Independent Commission for Reconciliation and Information Recovery (ICRIR) is capable of being compliant. The UK government moved to appeal the Belfast High Court's decision in March.
The following month, the UN's Human Rights Committee said the Act should be repealed or reformed to guarantee "independence, transparency, and genuine investigation power."
Meanwhile, the Irish Government announced in December that it was initiating an inter-State case against the UK under the European Convention on Human Rights. The move was slammed by the UK Government, with Northern Ireland's then-Secretary of State labeling it as "unnecessary" and "misguided."
The intention to repeal and replace the Legacy Act was included in the UK Labour Party's manifesto, which was released ahead of the UK's July 4 general election.
The manifesto said in part: "The Legacy Act denies justice to the families and victims of the Troubles. Labour will repeal and replace it, by returning to the principles of the Stormont House Agreement, and seeking support from all communities in Northern Ireland."
In what has been described as a "landslide" victory over Conservatives, who had been in power for more than a decade, the Labour Party emerged as the biggest party in the UK, and its leader Keir Starmer has now become Prime Minister.
Last October, Starmer said that if he became Prime Minister, he would move to repeal the legislation.
The announcement that the Legacy Act will be repealed and replaced comes two days after US Congressman Brendan Boyle and 21 members of US Congress wrote to Starmer "to voice our strong support that your government remains committed to swiftly repealing and replacing the Legacy Act."
Responding to the announcement on Wednesday, Tánaiste Micheál Martin said: “It is very welcome that the new British Government is following through on their election manifesto commitment to repeal and replace the Legacy Act.
“I have always been clear that this Act, as it stands, is not fit for purpose.
“I discussed this issue with the new Secretary of State, Hilary Benn, last week, and I look forward to working with him as he takes this forward in thes ahead.
"The needs of victims and full compliance with the ECHR must be at the heart of this revised approach.”
I discussed this issue with the new Secretary of State, @hilarybennmp, last week, and I look forward to working with him as he takes this forward in the months ahead.
The needs of victims and full compliance with the ECHR must be at the heart of this revised approach 2/2
— Micheál Martin (@MichealMartinTD) July 17, 2024
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