RELATIVES of Troubles’ victims have hailed the British government’s commitment to repeal and replace the controversial legacy act.
The new government repeated a pledge to repeal the act in the King’s Speech which is among the Labour Party’s legislative plans which have been outlined during the State Opening of Parliament.
The Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 ended all inquests and civil cases in May, as well as introducing conditional immunity.
Almost 40 Troubles inquests were shelved due to the legacy act May deadline.
Responsibility for oversight of legacy case has since transferred to the Independent Commission for Reconciliation and Information Recovery (ICRIR).
However, many victims and families touched by the Troubles are strongly opposed to the ICRIR, believing it is part of British government attempts to shield state participants from accountability.
Legal challenges have been launched against the contentious legislation, including one by the Irish Government at the European Court of Human Rights, while a High Court judge has already ruled that conditional immunity and plans to close down some civil actions are unlawful.
Relatives of those killed have welcomed the latest pledge to examine how the past is handled.
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.
Ms Dillon said she was “delighted” with the latest development.
“I am fighting for everybody, not just for me,” she said.
“Everybody deserves their inquest and I hope everybody gets their inquest.
“All I want is the truth and justice, I want those involved to stand in court.
“At least this government is treating us as human beings.”
Prior to the recent Westminster election Labour and newly appointed Secretary of State Hilary Benn pledged to repeal and replace the disputed law.
Mr Benn said the government intended to do it “as soon as we can” as the process is quite complicated but he said, ‘the commitment is very clear’.
“The government is committed to addressing the legacy of the Troubles in a way which can command the support of communities, and which complies with our human rights obligations,” he said.
“As set out in the King’s Speech, measures will be brought forward to begin the process of repealing and replacing the (Legacy Act) in consultation with all parties.”
Tánaiste Micheál Martin welcomed the British government’s commitment “to repeal and replace the legacy act”.
“I have always been clear that this act, as it stands, is not fit for purpose,” he said.
“I discussed this issue with the new Secretary of State, Hilary Benn, last week, and I look forward to working with him as he takes this forward in the months ahead.
“The needs of victims and full compliance with the ECHR (European Convention on Human Rights) must be at the heart of this revised approach.”
Daniel Holder, director of the Committee on the Administration of Justice, said his organisation wants to see “a Stormont House Agreement plus model now taken forward”.
“In our view no part of the Tory legacy act can be fixed,” he said.
Mark Thompson from Relatives for Justice said “the ICRIR should have no future role whatsoever”.
SDLP leader and Foyle MP Colum Eastwood said his party has “worked hard alongside Labour MPs to make the repeal of the toxic Tory legacy act an early commitment of the new government in London”.
Sinn Féin North Belfast MP John Finucane, whose lawyer father Pat was murdered by loyalists, said the act has “failed victims and survivors” adding that his party will “engage” with the British government “on the full details of their approach in the days ahead”.
People Before Profit MLA Gerry Carroll said the Labour government cannot be allowed to “replace the legacy act with further mechanisms designed to whitewash the state’s dirty war in Ireland”.
Alliance Justice spokesperson Stewart Dickson MLA said his party “will be focusing on ensuring the replacement to this act is fully human rights compliant”.
DUP Leader Gavin Robinson MP welcomed the decision to “repeal this unconscionable legislation”.
“I want to take this opportunity to say very clearly that the corruption of justice which has now been highlighted... and we have a commitment from government that they’re going to act upon it, should mean that we have an engagement that’s based on honesty with the government of the Irish Republic, and there should be gentle and encouraging challenge to say they have failed in their responsibilities on legacy,” he said.
Lawyer Kevin Winters, of KRW Law, said his firm welcomed the news which would come as “a massive relief to hundreds of conflict-bereaved families and survivors” adding it was “a big day for justice on this island” and an “even bigger day for Troubles bereaved families and survivors”.
Gavin Booth of Phoenix Law said: “There should be an immediate return to inquests, civil actions and investigations.
“The act should be now repealed and any further or new process designed by the governments should be done in conjunction with what victims want and require to obtain closure.”
