CAMPAIGNERS and defence solicitors have praised the decision by the Irish government to take an inter-state case against the British government to the European Courts over the British government's controversial Legacy Bill.
Britain's Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 – dubbed the "Bill of Shame" by victims and families – has been bitterly opposed by every political party in Ireland.
The Bill was also denounced by several international observers, including the Council of Europe’s Commissioner for Human Rights and the UN High Commissioner for Human Rights and human rights groups such as Amnesty International.
Numerous groups and law firms representing families have made statements supporting the motion by the Irish government to seek an inter-state case.
Absolutely right for Irish Government to take a case to Europe challenging the UK's amoral & obscene Legacy Act. This isn't standing up for one set of victims. It's for all those killed in the conflict - whether the perpetrators were republicans, loyalists or the state. pic.twitter.com/n0VUv8dsWy
— Suzanne Breen (@SuzyJourno) December 20, 2023
Pádraig Ó Muirigh from Ó Muirigh Solicitors, who represent victims and families, welcomed the decision.
"I welcome the decision by the Irish Government to initiate an inter-state case against the UK Government. This draconian legislation is incompatible with the European Convention on Human Rights (ECHR). It also fundamentally undermines the Good Friday Agreement 1998.
"The 2023 Act contains provisions that will 'guillotine' existing judicial and investigative mechanisms such as inquests and civil actions and replace these with the ICRIR. The British Secretary of State will control its budget, shape its caseload, have the power to prohibit disclosure and will have some editorial control of its reports.
"In essence, the ICRIR was created, controlled and must report to the British Secretary of State.
"The British Government has also made no secret of the fact that this legislation was primarily about delivering commitments to protect army veterans.
"The families that I represent are strenuously opposed to this legislation and the establishment of the ICRIR.
"In response to the passing of the Act a judicial review challenge has been brought by victims against the British Secretary of State to the High Court in Belfast.
"Our office is involved in this legal challenge. A number of human rights organisations has also intervened in the case. Our office will also be submitting applications to the European Court of Human Rights early in the new year on behalf of bereaved families who are impacted by the provisions of this legislation."
It’s quite simple. Regardless of any of its own failings, by talking an interstate case, the Irish government is reflecting the opposition the vast majority of people in the north/Northern Ireland have to the Legacy Act. That’s awkward for the UK government. If you ask the…
— Amanda Ferguson (@AmandaFBelfast) December 21, 2023
Kevin Winters of KRW Law, who also represent families and victims, also welcomed the developments.
"Todays announcement by the Irish government that it will launch an inter-state application against the UK Govt is the right decision politically, morally and legally.
"It is a massive fillip to all those who have been agitating for decades to get access to the truth in unresolved killings.
"In terms of timing this development couldn't be any more important. It comes at a time when the courts here in Belfast are adjudicating on a series of conflict-related challenges.
"It will have an immediate impact on those cases. Today's news sends a resounding message that Ireland as a nation won't be found wanting when it comes to upholding the human rights of thousands of people affected by the Troubles.
"We first contacted the Irish Government in November 2022 and have been lobbying heavily ever since for an intervention.
"It comes as a huge relief to know that Ireland will pursue this application. Today is a resoundingly important one for human rights in this country."
So beyond elated to read this. Proud of the Irish state for taking on one of the most unjust and cruel pieces of legislation. https://t.co/edZlPEly29
— Tara Gráinne Ní Chonghaile (@TaraGrace_) December 20, 2023
Ciarán Mac Airt of the Time for Truth Campaign, which represents thousands of victims and survivors of the conflict thanked the Irish government for taking the case to court.
“On behalf of the families of the Time for Truth Campaign, I would like to thank An Tánaiste and the Irish Government for forming a last line of defence in support of our basic human rights. Britain was and is a human rights abuser.
"It wanted to bury its war crimes in Ireland and to protect its killers. It wanted to deny our families equal access to due process of the law. Britain’s disgraceful Legacy and Reconciliation Act is an assault on our basic human rights and the Irish Government has heard us.
“I would also like to take the opportunity to pay tribute to the families of the Time for Truth Campaign who have campaigned with great dignity over the last six years.
"We pay tribute too to our political leaders, lawyers, academics, and other supporters who care for basic human rights and who have walked with us.
"This is great news before Christmas and will give a superb boost to the resilience of our families for continuing our campaigns for truth and justice in the New Year.”
I welcome the Irish Government’s decision to take an interstate case challenging the British Government’s Legacy Act under the European Convention on Human Rights.
From the outset, victims, their families, all political parties on this island, the US, the UN & human rights…
— John Finucane MP (@johnfinucane) December 20, 2023
The Committee on the Administration of Justice (CAJ), a Belfast-based human rights group, also welcomed the decision.
CAJ Director, Daniel Holder, said: “This is the right decision and a necessary one. CAJ and academic colleagues first raised the remedy that could be provided by an inter-state case straight after the legacy bill was introduced in May 2022.
"We addressed the issue before an Oireachtas Committee in July 2022, noting that there was a real onus on the Irish government to act, both as co-guarantor of the Good Friday Agreement and also in the context of the precedent and contempt for the international rule of law that the legislation has set.
“An inter-state case is the best way to challenge the whole legacy act and the quickest way to get this legislation before an international court, that is the European Court of Human Rights in Strasbourg.
"The litigation in Northern Ireland courts would have to go through many stages of appeal and could take years whilst the damage of the legacy act would already be underway.”
