The Northern Ireland Troubles (Legacy and Reconciliation) Bill returns for consideration in the House of Lords, despite being widely condemned and despite warnings that it does not comply with human rights principles.
The piece of legislation defines the Troubles as the events and conduct related to Northern Ireland affairs which occurred between 1 January 1966 and 10 April 1998, and any conduct preventing, investigating, or dealing with the consequences of events relating to Northern Ireland affairs. Trouble-related offences are defined as acts which were considered offences in Northern Ireland, England and Wales or Scotland during the specified period, while serious Trouble-related offences include murder, manslaughter and other offences leading to the death or serious harm of a person.
The Bill will permanently close access to mechanisms used to deal with the legacy of the Troubles, such as inquests, police investigations, police ombudsman investigations and even civil proceedings for torts or fatal accidents. Any such ongoing civil actions may not be continued after the coming into force of the legislation. Ongoing inquests and criminal investigations may continue, but no new investigations may be taken up, except through reviews of a newly created body: the Independent Commission for Reconciliation and Information Recovery (ICRIR). The Bill also prohibits criminal enforcement actions from being taken against persons for Troubles-related offences unless the respective investigation had begun before the enactment of the legislation. Criminal enforcement of actions for serious or connected Trouble-related offences would still be permitted.
These mechanisms have been used to vindicate the innocence of victims and thus brought some reconciliation to their families. Their removal may also render the Legacy Bill incompatible with the European Convention on Human Rights (ECHR). It can breach the right to life and the prohibition of torture, contained in the second and third articles of the Convention, which necessarily require that actions contravening these principles be effectively investigated by states. The effectiveness of investigations may be hindered by the irrevocable immunity given through Section 18 of the Bill to persons who request immunity and provide information to the ICRIR. The Bill may also offend Article 6 of the ECHR by prohibiting the right to access a court, and Article 13 by removing effective remedies for victims.
Micheál Martin has expressed worry that the Bill, supported by no political party in Northern Ireland, will hinder work for reconciliation and has called for its pause. He pointed to the 2014 Stormont House Agreement between the governments of Northern Ireland, Britain, and Ireland as a better alternative to the unilateral path now pursued by the UK. The 2014 Agreement proposed that the Northern Ireland Executive establish an independent Historical Investigations Unit to take forward outstanding cases and the legacy work of the Police Ombudsman of Northern Ireland, as well as an Independent Commission on Information Retrieval and an Implementation and Reconciliation Group. The Agreement provided that the UK Government make full disclosure to the Historical Investigations Unit and that the three governments would collaborate on cross-border investigations.