DUP questions if Rebublic's Legacy Act legal action will strain UK relations

DUP leader Sir Jeffrey Donaldson says it is difficult to see how the interstate legal case over legacy laws would improve relations between the Irish and UK Governments.

Tanaiste Micheal Martin announced on Wednesday that the Irish Government is to initiate an inter-state legal case against the United Kingdom under Human Rights. The action was brought about after the controversial legislation dealing with the legacy of the Northern Ireland Troubles was passed in September.

The Irish Government will argue that the provisions of the Northern Ireland Legacy Act 2023 are incompatible under European Convention on Human Rights (HCHR).

Mr Martin said that the decision was taken with careful consideration however said that the Irish Government had been left with no option but to initiate the case.

“We do so reluctantly having tried over the last number of years to change the UK Government’s mind and to get it to pause and to have a collective engagement with all of the parties in Northern Ireland and the two governments. Alas that was not the case.

“We have fundamental concerns about the act, particularly the granting of immunity for violations of human rights and also in respect of the guillotining of inquests and the suppression of taking civil cases."

In response to the announcement Sir Jeffrey Donaldson questioned the Irish Governments course of action. “What I would like to see, and I said this to Micheal Martin last week, where are their proposals to deal with legacy?

“What are they going to do? Are they going to pursue criminal justice investigations into the murders committed in their jurisdiction which include the murder of gardai, of Irish Army soldiers, of innocent civilians?

“And of course many UK citizens murdered in Northern Ireland as a result of actions carried out by the IRA using the Republic of Ireland as their base.”

Sir Jeffrey added: “I think it is difficult to see how this can improve relations between the UK Government and the Irish Government at this time."

The UK Government issued a statement revealing that it “profoundly regrets” a decision by the Irish Government to legally challenged its Legacy Act.

Describing the case as “unnecessary” they said it comes at a “particularly sensitive time in Northern Ireland”.

“While this step is disappointing, it is one for which the UK Government was prepared. The UK Government remains confident that the Act provides a robust and effective framework to allow the ICRIR (Independent Commission for Reconciliation and Information Recovery) to discharge our legal obligations.

“We will continue robustly to defend the legislation, including to ensure that the work of the ICRIR can continue without impediment while proceedings are ongoing. The overriding purpose of the Legacy Act is to enable more victims and survivors to obtain more information faster than can be achieved under current legacy mechanisms. We cannot afford further delay in the provision of effective legacy outcomes – both for families and wider society.”

They added: “The bilateral relationship with Ireland is, and always will be, one we value deeply. Despite this misguided action, we will continue to work to minimise the consequences and protect the interests of the people and businesses that bind us together."

Irish premier Leo Varadkar has said that the Irish Government felt that they had “no option” but to take an interstate case over the UK Government’s Legacy Act.

“So the history of this is that we had an agreement, of the major parties in Northern Ireland, the Irish Government and the British Government, we had an agreement on the right approach to legacy issues, called the Stormont House Agreement, it was reaffirmed as recently as 2020. And we still believe that’s the right approach, that agreed approach.

“The UK Government decided for their own reasons, and of course they have the right to do this, to go down a different path, which is the UK Legacy legislation, which is now law.

“But we don’t agree with that, we think that the agreement agreed by the parties in Northern Ireland, the two governments is the better approach and we think at this stage we really have no option but to ask the European Court of Human Rights in Strasbourg to carry out a judicial review of this legislation."

The move was also welcomed by Sinn Fein leader Mary Lou McDonald TD who said Irish Government legal action against the UK Legacy Act will complement challenges launched by Troubles victims.

Mrs McDonald said, “Victims and families have been stating from the outset that this cruel and shameful Act is a flagrant breach of international human rights law.

“The British Tory Government rushed through this legislation despite the clear opposition and concerns raised by victims and families, all political parties, the Irish Government, the US, UN, the Council of Europe and human rights experts.

“It is a blatant attempt to shut the door on families’ efforts to achieve truth and justice through the courts and to give an amnesty to British state forces involved in the murder of, and serious human rights violations against, Irish citizens.

“Heartbroken families have been fighting for years, determined to get truth and justice for their loved ones. They should not have been forced to take individual legal actions against this Act, and this action by the Government will now complement these challenges.

“We will stand with those families as they challenge this cruel and cynical law, and as they continue to campaign with dignity and determination for truth and justice.”

SDLP leader Colum Eastwood backs the legal challenge saying that it was “welcome” and “utterly necessary”.

He said “no political party or institution on this island supports” the Act, describing it as “the most extreme legislation that shuts down access to justice for victims and survivors”. 

“The British Government has clearly undermined the international treaty entered into as part of the Stormont House Agreement, they have fought political leaders from every party in the North and they have set themselves against the needs of victims and survivors,” he said.

“The inter-state case being taken by the Irish Government is both welcome and utterly necessary.

“If the British Government will not respect the treaties it enters into, respect international law or respect the basic tenets of justice then it must be challenged robustly.”

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