Leo Varadkar has said the Irish government was left with “no option” but to legally challenge the UK Government over laws on legacy issues in Northern Ireland.
The Irish premier said the “strong” legal advice was that the UK Legacy Act breached the UN Convention on Human Rights.
The Act received royal assent in September despite widespread opposition from political parties, victims’ organisations in Northern Ireland and the Irish government.
Ireland’s deputy premier and foreign affairs minister Micheal Martin said they were taking the case reluctantly after having spent time trying to change the UK Government’s mind.
Amnesty International has praised the Irish government as “doing the right thing” for victims of Northern Ireland’s Troubles by “taking a stand”.
The Irish government is to argue that the provisions of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 are incompatible with the UK’s obligations under the European Convention on Human Rights.
Aspects of the laws include a limited form of immunity from prosecution for Troubles-related offences for those who co-operate with the new Independent Commission for Reconciliation and Information Recovery (ICRIR).
The new Act will also halt future civil cases and legacy inquests.
Multiple Troubles victims and family members are supporting a legal challenge against aspects of the Act at Belfast High Court.
Speaking on Wednesday, Mr Varadkar said: “The government took a decision that we will take an interstate case to the European Court of Human Rights in Strasbourg, seeking a judicial review of the UK Legacy Act.
“The attorney general’s advice on this is very strong, his advice is that the UK Legacy Act is in breach of the UN Convention on Human Rights. It’s also the view of the UN high commissioner and also the Council of Europe.
“It is something that we’re genuinely doing with a sense of regret, and would prefer not to be in this position, but we did make a commitment to survivors in Northern Ireland and to the families of victims that we would stand by them, respect their wishes and also stand by the Good Friday Agreement, which specifically references the European Convention on Human Rights.”
The Taoiseach added that the Stormont House Agreement had received consensus from both governments and parties in Northern Ireland.
He said: “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.”
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.”
Mr Martin said the incorporation of the European Convention on Human Rights into Northern Ireland law is a specific and fundamental requirement of the 1998 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.”
The Tanaiste said the Irish government had particular concerns around immunity provisions in the Legacy Act.
He said they would “shut down existing avenues to truth and justice for historic cases”.
Mr Martin added: “Even in cases in which immunity is not granted, reviews by the proposed body, the Independent Commission for Reconciliation and Information Recovery (ICRIR), are not an adequate substitute for police investigations, carried out independently, adequately, and with sufficient participation of next of kin.
“The British Government enacted this legislation on September 18 2023, shutting off any possibility of political resolution.
“We now find ourselves in a space where our only recourse is to pursue a legal path.
“It is important to leave the next steps to the court.”
Welcoming the stance, Grainne Teggart, Amnesty International UK’s Northern Ireland deputy director, said it is important that the Irish government takes this stand.
“The Irish government is doing the right thing for victims, for the rule of law and for the upholding of human rights,” she said.
“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.”
SDLP leader Colum Eastwood described the challenge as “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 inter-state case being taken by the Irish government is both welcome and utterly necessary,” he said.
“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.”