The head of a controversial legacy body has faced calls to step down after a court found some of its work is not compatible with human rights law.
Independent Commission for Reconciliation and Information Recovery (ICRIR) chief commissioner Sir Declan Morgan has been urged to resign after a Court of Appeal judgment linked to the legacy act was issued on Friday.
The ICRIR became operational in May. It was established under the Conservative Party’s Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, which ended all inquests and civil cases, as well as introducing conditional immunity.
Many victims and relatives are strongly opposed to the commission, believing it to be part of British government attempts to protect state participants during the Troubles from accountability.
Almost 40 Troubles’ inquests were shelved due to the legacy act May deadline.
While the British government has pledged to repeal and replace the act, it has also vowed to retain the ICRIR.
Several victims and relatives launched legal action challenging the act and the High Court later found the commission did not contravene human rights laws.
The case was referred to the Court of Appeal, which delivered its judgment on Friday.
While some grounds of appeal were dismissed, others were allowed.
This includes that the commission is incompatible with the European Convention on Human Rights (ECHR) in respect of the power held by the Secretary to withhold sensitive information from families.
Relatives of those killed have welcomed the court judgment.
Martina Dillon’s husband Seamus was shot dead by the LVF near Dungannon in Co Tyrone in December 1997.
Earlier this year an inquest into his death was halted due to the act.
Mrs Dillon claimed the outcome as a victory.
“Today was a brilliant day for victims,” she said.
“We’ve won.
“We’ve won what we wanted.”
Mrs Dillon, who has campaigned tirelessly on behalf of her murdered husband, called for the chief commissioner of the ICRIR, Sir Declan Morgan, to resign.
“We’re asking him to now step down and for the government to give us back our inquest and give them as soon as possible,” she said.
“Let the victims speak. Let us be heard. Let the truth finally come out.”
The campaigning widow also called on the British government to restart her husband’s inquest.
“Let the victims speak, let us be heard, let the truth finally come out,” she demanded.
Her solicitor Gavin Booth, of Phoenix Law, called for the ICRIR to be scrapped.
“It’s time for the ICRIR to go and it’s time for the Secretary of State to go back to the drawing board.
“He should immediately renew his election manifesto pledge where he said he would repeal and replace - and so now it’s time to repeal the act in full and give victims what they want and that is their inquests, inquiries and investigations.”
Before the court hearing several human rights groups held a protest.
In a statement Mr Morgan said: “I welcome the fact that the appeal court in the case of Dillon et al has agreed with the trial judge that the commission is independent.
“It also determined that an accessible and foreseeable structure should be put in place for the participation of victims, survivors and families for some of our cases.
“It is a matter for the Secretary of State to respond to the judgment.
“The commission has already welcomed his proposal to further enhance our independence and would welcome additional steps by him to address the issues identified by the court.
“I look forward to continuing the search for answers for victims, survivors and families.”
Daniel Holder of the Committee on the Administration said: “We have repeatedly raised concerns about the national security veto over information to families and that the ICRIR could not operate in a manner comparable to inquests.”
On Friday evening a UK government spokesperson said: “The government is committed to addressing the legacy of the past in a way that can obtain the support of victims and survivors, and comply with our human rights obligations.
“We note the court’s ruling and will take the necessary time to consider our next steps on this complex judgment.”
