Measures to be brought forward to ‘begin process of repealing Legacy Act’

Measures are to be brought forward to “begin the process” of repealing the previous government’s controversial Legacy Act.

The King confirmed the move in his speech at the State Opening of Parliament on Wednesday.

Labour’s plan is to bring forward measures to begin the process of repealing and replacing the Act that gained royal assent just last year.

While the entire Act cannot be repealed without something in place to replace it, the government is expected to repeal the controversial policy of offering conditional immunity for Troubles crimes.

The Act, aimed at addressing the legacy of Northern Ireland’s past has been almost universally opposed by parties and victims’ groups.

It offers a limited form of immunity for perpetrators of Troubles crimes in exchange for full co-operation with the truth recovery body, the Independent Commission for Reconciliation and Information Recovery (Icrir), and halted civil cases and inquests which were not at findings stage earlier this year.

Earlier this year, then shadow Secretary of State for Northern Ireland Hilary Benn indicated they would not scrap the Icrir, which is led by retired judge Sir Declan Morgan, but wanted to see if it could command the confidence of victims’ families.

There have been legal challenges to the Act, including an interstate case by the Irish government under the European Convention on Human Rights.

Meanwhile, a legal challenge by Troubles victims to the Act saw a lengthy judgment issued in February. It found that conditional immunity from prosecutions for Troubles crimes is in breach of the European Convention on Human Rights.

However, the same judgment also found that the Icrir to be independent and capable of conducting human rights-compliant investigations.

The new Labour government is to stick to its General Election manifesto commitment to address legacy, aiming to find a way forward supported by victims and survivors, and which will comply with human rights organisations.

This is to include repealing the conditional immunity scheme and reversing the policy prohibiting victims and families from bringing civil claims, and set out steps to allow the Troubles-era inquests that were prematurely halted to resume.

Described as first steps, further legislation is to follow after consultation with the Northern Ireland political parties, the Irish Government and all communities in Northern Ireland.

A number of Northern Ireland’s political parties have welcomed the Government’s direction.

DUP leader Gavin Robinson said he welcomed this “decisive move by the Government to repeal this unconscionable legislation”.

“In a society where there is so much hurt, pain and grief it is important that the hope of justice remains,” he said.

“This legislation was fundamentally flawed and morally repugnant because it extinguished that hope for many innocent victims.

“We urge the Government to learn from the mistakes of their predecessors, because repeating them would only cause more emotional distress to victims and damage the work of reconciliation in our society.”

Mr Robinson also pressed Sir Keir Starmer to use his meeting with Taoiseach Simon Harris later to “press upon him the need for Dublin to open up the pathway to truth regarding the role of the Irish Government, Garda, and wider society in the Troubles”.

“Thus far, Dublin has behaved like a spectator, lecturing us all about dealing with the Troubles yet failing to see their own shortcomings. It is time for truth from Dublin,” he added.

Sinn Fein MP John Finucane also welcomed the commitment to repeal the “Tories’ shameful Legacy Act”.

“The British Government has said it will now begin the process of repealing the Tories’ shameful Legacy Act, which has failed victims and survivors,” he said.

“This is a welcome commitment, and we will engage with them on the full details of their approach in the days ahead.”

SDLP leader Colum Eastwood said his party “worked hard alongside Labour MPs to make the repeal of the toxic Tory Legacy Act an early commitment of the new government in London”.

“I am pleased that the commitment was made in the King’s Speech today and that we can look forward to progress in this parliamentary session,” he said.

“This is an early demonstration from the Labour Government that they will take a radically different approach to the North than their predecessors.

“Political parties and victims’ groups from across our society opposed the attempts to shut down paths to justice and accountability – the united campaign, led by those most affected, has driven this change.”