Irish Government to initiate legal case against United Kingdom over Troubles legacy act

Tanaiste Micheal Martin has said the Irish Government is to initiate an inter-state legal case against the United Kingdom under the European Convention on Human Rights over its controversial legislation to deal with the legacy of the Northern Ireland Troubles.

In its application, the Irish Government will argue that the provisions of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 are incompatible with the United Kingdom’s obligations under the convention.

Mr Martin said: “This decision was taken after much thought and careful consideration. I regret that we find ourselves in a position where such a choice had to be made.

“However, the decision by the British Government not to proceed with the 2014 Stormont House Agreement and instead pursue legislation unilaterally, without effective engagement with the legitimate concerns that we, and many others, raised left us with few options.

“The British Government removed the political option, and has left us only this legal avenue.”

Micheal Martin said the incorporation of the European Convention on Human Rights into Northern Ireland law is a specific and fundamental requirement of the Good Friday Agreement.

He said: “Since the UK legislation was first tabled, the Government have been consistent that it is not compatible with the convention.

“I used every opportunity to make my concerns known and urged the British Government to pause this legislation.”

He added: “I have consistently adopted a victims-centred approach to this issue. We are not alone in our concerns.

“Serious reservations about this legislation have also been raised by a number of international observers, including the Council of Europe’s Commissioner for Human Rights and the UN High Commissioner for Human Rights.

“Most importantly, this legislation is opposed by people in Northern Ireland, especially the victims and families who will be most directly impacted by this Act.”

Welcoming the news, Sinn Féin President Mary Lou 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.

"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."

SDLP Leader Colum Eastwood said the case being taken by the Irish Government is "both welcome and utterly necessary".

He said: “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.

“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."

Amnesty International welcomed the decision by the Irish Government.

“The Irish Government is doing the right thing for victims, for the rule of law and for the upholding of human rights," said Grainne Teggart.

"Victims’ rights to truth, reparations and justice must be realised.

"This challenge is vital for victims here and around the world, who face the prospect of similar state-gifted impunity.

“The UK Government doggedly pursued this legislation which shields perpetrators of serious human rights violations from being held accountable.

"It’s important that the Irish Government takes this stand."

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