The British government has withdrawn its appeal against elements of a court ruling that found its legacy legislation wasn’t human rights compatible.
However, the new Labour administration will continue to challenge the Belfast Court of Appeal’s findings that parts of the Northern Ireland Troubles (Legacy and Reconciliation) Act breached the region’s post-Brexit arrangements.
Secretary of State Hilary Benn said the decision to pursue the appeal was on a “technical point of law” and about clarifying the ruling’s potential impact on future legislation.
The Labour government has pledged to repeal and replace the legislation passed by Westminster last September, which offered conditional immunity to perpetrators of crimes during the Troubles.
It has also committed to reversing the act’s contentious ban on conflict-related civil cases and inquests.
The High Court in Belfast ruled in February that elements of the legacy legislation, which saw the establishment of the Independent Commission for Reconciliation and Information Recovery (ICRIR), were incompatible with the European Convention on Human Rights.
In a written statement to the House of Commons on Monday, Mr Benn said dropping the appeal on the incompatibility with the ECHR was the “first step” in fulfilling Labour’s manifesto commitment.
He said victims and survivors felt “ignored” by the previous Tory administration’s approach to legacy, which he said “has been clearly rejected across communities” and by all political parties in Northern Ireland.
The secretary of state said Labour would adopt a “different approach” that underlined an “absolute commitment” to the Human Rights Act, and to establishing legacy mechanisms that had widespread support.
He indicated again that the ICRIR will remain but with changes to its structures.
Mr Benn said its success would be determined by “its ability to deliver justice, accountability, and information to victims and survivors”.
“It is also clear, however, that to achieve these objectives, the ICRIR will need to gain the confidence of victims and survivors in its work,” he said.
Sinn Féin MLA Gerry Kelly said the British government needed to deliver on its commitment to scrap the legacy act and implement the mechanisms agreed at Stormont House a decade ago.
He said the ICRIR did not have the confidence of most victims and survivors.
“The legacy mechanisms agreed at Stormont House by the two governments and political parties in 2014 provided for two separate mechanisms to conduct independent investigations and facilitate information recovery, with both bodies attracting political and public endorsement via the agreement and the subsequent public consultation,” he said.
SDLP leader Colum Eastwood said the Tory administration had no support for its “attempt to shut down access to truth and justice”.
“We now need a process that puts victims and survivors first – the SDLP will work with every party and with the secretary of state to make that happen,” he said.
Alliance justice spokesperson Stewart Dickson said: “It is vital anything has the support not only of local political parties but the victims and survivors of the Troubles, whose views remain paramount on this matter.”
