What is the Northern Ireland Troubles (Legacy and Reconciliation) Act?
The Northern Ireland Troubles (Legacy and Reconciliation) Act is a contentious piece of British government legislation that has sparked significant controversy and debate regarding the impact that it will have on victims’ families ability to take legal action relating to the death or injury of loved ones.
The bill passed its final debate in the House of Lords in September 2023 and is now awaiting Royal Assent.
To properly understand the reasons, origins and political objectives which underlie the controversy surrounding the legislation, you need to understand the historical and political context of Northern Ireland, the protracted peace process which ultimately led to the Good Friday Agreement between the British and Irish governments and Northern Ireland political parties in 1998 and the ongoing conflict relating to the Westminster government’s attempts to find a solution to the legacy of the Northern Ireland Troubles.
What were the Northern Ireland Troubles?
The Troubles refer to the protracted violent conflict which took place in Northern Ireland from the late 1960s until the late 1990s. It was primarily a political and sectarian conflict between the Protestant/Unionist/Loyalist (PUL) community, who wanted to remain part of the United Kingdom, and the Catholic/Nationalist/ Republican (CNR) community, which sought reunification with the Irish Republic. However, the alleged illegal actions during that period of the British and Irish governments have also been an issue of contention. The 35-year conflict resulted in more than 3,500 deaths and nearly 50,000 people were injured.
Origins of the Troubles
The roots of the conflict can be traced back to the British government’s decision to partition Ireland in 1921. Partition led to the creation of a Northern Ireland state as a separate entity within the United Kingdom and separate from the rest of the island of Ireland. Twenty-six counties of the country became a new Irish Republic with its own government. The establishment of the other six county Northern Ireland state was based on religious and sectarian lines, with an inbuilt Protestant majority and a Catholic minority. Over the next 50 years discrimination against Catholics in areas such as housing, employment, and voting rights fuelled tensions and grievances within the nationalist community which culminated in the formation of a Civil Rights movement in the late 1960s.
From 1969 onwards for 35 years Northern Ireland witnessed killings, serious injuries and violent acts which became known as the Troubles.
The Peace Process
By the late 1980s the violence had escalated to a point where it became clear to all sides that a political solution was the only viable solution. The 1998 Good Friday Agreement marked a significant turning point when nationalist, republican, unionist and loyalist political parties agreed to share political power. It established a devolved government for Northern Ireland, power-sharing arrangements, and mechanisms for potentially addressing the outstanding legacy issues of the Troubles.
What are the legacy issues in Northern Ireland?
The legacy of the Troubles is a highly sensitive and controversial aspect of how Northern Ireland should collectively deal with its recent violent history. Legacy issues relate to hundreds of unresolved killings, bombings, and human rights abuses perpetrated by loyalist and republican paramilitary groups, as well allegations that the British government security forces colluded in the murders of hundreds of innocent civilians. Families of victims on all sides have long demanded access to legal justice to discover the truth surrounding the murder of their loved ones.
What is the Northern Ireland Troubles Legacy Bill?
The Northern Ireland Troubles (Legacy and Reconciliation) Act was introduced in July 2021 by then Conservative prime minister Boris Johnson who claimed the proposals would allow Northern Ireland to “draw a line under the Troubles”.
However, critics of the bill, which includes all political parties in Northern Ireland, plus victims' groups, the government of the Republic of Ireland and Amnesty International argue that it will instead prevent victims’ families from having access to legal justice as the legislation imposes a mandatory and binding end to all Troubles- associated inquests and civil cases.
The most controversial aspects of the bill include a limited form of immunity from prosecution for Troubles-related offences to those who co-operate with the new Independent Commission for Reconciliation and Information Recovery (ICRIR).
It will also halt future civil cases and inquests.
The Independent Commission for Reconciliation and Information Recovery (ICRIR)
The bill allows for the establishment of the ICRIR unit to investigate unsolved Troubles-related deaths. This unit would focus on providing answers to families who have waited for decades to know the truth about what happened to their loved ones. The ICRIR will have a budget of £250m for a five-year period with hundreds of staff. It will be led by Northern Ireland’s former Lord Chief Justice Sir Declan Morgan and former PSNI Assistant Chief Constable Peter Sheridan.
However, the bill also includes provisions for allowing individuals to provide information about Troubles-related incidents in exchange for immunity from prosecution. This has raised concerns about the potential for an incomplete or biased historical record.
Statute of Limitations
Perhaps the most controversial aspect of the bill is the provision for a statute of limitations that would effectively prevent prosecutions for Troubles-related incidents committed before the Good Friday Agreement in 1998. This means that individuals, including former paramilitaries and members of the security forces and British Army, would be immune from prosecution even if new evidence emerges of involvement in serious human rights’ abuses.
Why has the Legacy Bill caused so much controversy?
1 Lack of Prosecutions
Critics argue that the statute of limitations effectively amounts to an amnesty for individuals responsible for Troubles-related violence. They contend that justice should not have a time limit and that those responsible for heinous crimes should be held accountable, regardless of how much time has passed.
2 Impartiality Concerns
Some view the bill as biased because it treats paramilitaries and security forces equally under the statute of limitations. This has led to accusations that it equates those who committed acts of terrorism with those who were tasked with maintaining law and order.
3 Impact on Victims' Families
Many victims’ families are deeply opposed to the bill, as it is seen as prioritizing the interests of political and military actors over the pursuit of truth and justice for their loved ones. The potential for incomplete investigations and the granting of immunity to those who provide information have further fueled their anger and frustration.
Where do human rights organisations stand on the legislation?
Human rights organizations such as Amnesty International and international bodies have raised concerns about the bill's compliance with international human rights standards. They argue that it risks undermining the right to truth, justice, and accountability for victims of human rights abuses.
The Council of Europe
The Council of Europe has urged the UK Government to repeal immunity provisions in its new laws aimed at dealing with the legacy of the Northern Ireland Troubles.
The council’s Committee of Ministers said the immunity scheme “risks breaching obligations under Article 2 of the European Convention to prosecute and punish serious grave breaches of human rights”.
The Council of Europe is an international body that oversees and monitors compliance with the ECHR. The UK is one of its 46 members and a signatory to the convention.
In a decision published in September 2023, the council said issues relating to independence, disclosure and the initiation of reviews by the ICRIR “remain uncertain”.
It also urged authorities to consider taking “additional practical measures” to ensure that as many legacy inquests as possible could conclude before a cut-off date of May 1 2024.
The council also reiterated its “serious concern about the proposed conditional immunity scheme which risks breaching obligations under Article 2 of the European Convention to prosecute and punish serious grave breaches of human rights”.
It “strongly urged” the UK Government to consider repealing the immunity provisions.
The council is to write to the UK Government outlining its concerns.
Can the Northern Ireland government stop the Troubles legacy bill becoming law?
No, the legacy legislation does not allow the Stormont Assembly any powers to alter or block the bill from becoming law.
Instead the Secretary of State for Northern Ireland, Chris Heaton Harris, has the sole legal power to order the ICRIR in its actions.
In its defence of excluding the Northern Ireland Assembly from any oversight role of the Legacy Bill, the Westminster government stated:
“Legacy matters are highly controversial, politically charged and divisive in Northern Ireland. A vast number of issues remain unresolved as a result of political and societal impasse and there is no single accepted or agreed way to address them … There is a very real prospect that providing the Northern Ireland Assembly with the power of veto in relation to delegated powers could frustrate the purpose and application of the provisions in the Bill, which in the Government’s view is necessary to achieve progress and reconciliation in Northern Ireland.”
