The British government is facing calls to suspend its new Legacy Act after a High Court judge said a key part of it was unlawful and should be disapplied.
Alliance Party leader Stephen Farry said it was no surprise that the Act, designed to deal with the legacy of the Troubles, had been “unpicked at its first legal challenge”.
Delivering a judgment at Belfast High Court, Mr Justice Colton said provisions for conditional immunity from prosecution for Troubles offences in the Legacy Act are not compatible with human rights laws.
The judge added there is no evidence the immunity provision will in any way contribute to reconciliation.
The controversial Legacy Act was opposed by all of the main political parties at Stormont.
Mr Farry said: “We have been consistently clear the Legacy Act was unwanted, unworkable and contrary to European and international human rights standards.
“It therefore comes as no surprise the Act is unpicked at its first legal challenge.
“The government has previously said the Independent Commission on Reconciliation and Information Recovery (ICRIR) as framed by the legislation would struggle to work without the immunity element of the Act.”
Mr Farry added: “Alliance is calling on the UK government to suspend implementation of the Legacy Act pending the outcome of further steps in the legal process.
“Crucially, the looming deadline for inquests should be lifted.
“Similarly, the ICRIR should not proceed with any further work.
“This Act and the continuing uncertainty around its implementation are causing untold and unjustifiable stress and anxiety for victims and survivors of Troubles incidents.
“Today’s ruling should therefore be a prelude to repeal of the Legacy Act and a replacement which has the confidence of local parties and especially victims.”
SDLP leader Colum Eastwood said the British government should now abandon the Act.
He said: “No political party in Northern Ireland supports the British government’s attempt to shut down truth, justice and accountability for victims and survivors.
“In a society as fractious as ours, particularly when it comes to matters related to the past, that is as strong an indication as there could possibly be that this legislation was wrong-headed, insensitive to the needs of victims and doomed to failure.”
He added: “I am pleased for those who took this early case today, but I know they understand this is just the first hurdle in what is likely to be a longer legal dispute.
“They will continue to have our unwavering support to prevent this immoral, iniquitous and deeply flawed framework from ruining the lives of victims and survivors.”