In a landmark decision, the Irish government have confirmed that it will be taking an interstate case against the British government to the European Courts under the European Convention of Human Rights - this over the British government's controversial Legacy Bill.
Speaking on Wednesday, Tánaiste Micheál Martin confirmed that the Irish government would be taking the step after careful consideration. He said he regretted things had come to the point where a case had to be made.
"I regret that we find ourselves in a position where such a choice had to be made," Martin said.
"[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 Tánaiste continued: "I used every opportunity to make my concerns known, and urged the British government to pause this legislation. The British government removed the political option, and has left us only this legal avenue."
In taking the case the Irish government will argue that the provisions of the British government's Legacy Bill are incompatible with the UK's obligations under the European Convention of Human Rights.
Mr. Martin said: "The incorporation of the European Convention on Human Rights into Northern Ireland law is a specific and fundamental requirement of the Good Friday Agreement. Since the UK legislation was first tabled, this Government has been consistent that it is not compatible with the Convention.
Great news!https://t.co/i5vVdDVgse
— Pat Finucane Centre (@FinucaneCentre) December 20, 2023
Martin added that "serious reservations" about the Bill have 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.
He said the legislation is also opposed by the people of the North, especially the victims and families who will be most impacted by it.
The Tánaiste said the Irish government had particular concerns around provisions "which allow for the granting of immunity, and which shut down existing avenues to truth and justice for historic cases, including inquests, police investigations, Police Ombudsman investigations, and civil actions."
A huge thank you to the Irish Government for taking a case against The UK over NI Legacy Bill via @RTENews https://t.co/jV8lTGaf5g
— Stephen Travers (@MiamiShowband) December 20, 2023
He said: "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 Tánaiste said the British government enacted the legislation on 18 September "shutting off any possibility of political resolution."
He added: "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."
"It is a move that defends the integrity of the Good Friday Agreement. It is a move that, unlike the appalling Legacy Act, defends hope and healing."
Relatives for Justice
RTE news : Govt takes case against UK over NI Legacy Billhttps://t.co/N3yQ64DFth
— Paul Butler (@PolDeBuitleir) December 20, 2023
Speaking on the decision, Mark Thompson of Relatives for Justice said the move was most welcome and that families and victims had been campaigning extensively including by way of recent trips to America to speak with American officials concerned over the legislation.
"This is most welcome news and comes after months of intense lobbying by families, NGOs, political parties and Irish America.
"All Irish citizens affected by all actors to the conflict must have their rights defended by the Irish government, this is practical defense of those rights.
"We recognize it is a move not taken lightly, but reflects the egregious position the Legacy Act has created. This move is in the interests of victims and survivors. It is not only a legal move, it is a humanitarian one.
"It is a move that defends the integrity of the Good Friday Agreement, in this, the year of its 25th anniversary. It is a move that, unlike the appalling Legacy Act, defends hope and healing."
