Hilary Benn

Northern Ireland secretary Hilary Benn yesterday said he would bring a remedial order to Westminster in response to court rulings which found parts of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 to be incompatible with human rights laws.

Subject to parliamentary approval, the order will repeal provisions relating to the controversial immunity scheme and will enable all civil proceedings which were prohibited under the Act, including future cases, to proceed.

However, the government’s promise to restore inquests — as well as a commitment to reform the Independent Commission for Reconciliation and Information Recovery (ICRIR) — will be dealt with under primary legislation “when parliamentary time allows”, he said.

Mr Benn said: “The steps I am outlining today seek to correct the mistakes of the previous government’s approach, ensure compliance with the ECHR, and deliver on what this government has promised — the removal of conditional immunity, the reinstatement of legacy inquests halted by the Act, restoring civil cases and reforming ICRIR, while enabling it to continue working on behalf of the growing number of families who have already sought its help.”

He also confirmed that the government would continue to appeal parts of the ruling handed down by Northern Ireland’s Court of Appeal in September to the UK Supreme Court.

The appeal relates to “the court’s specific finding relating to the Secretary of State’s power to preclude the disclosure of sensitive information in circumstances where such disclosure would prejudice the national security interests of the United Kingdom” and its “findings relating to effective next of kin participation in cases that would otherwise be inquests”.

Mr Benn’s announcement has been met with criticism for not going far enough to deliver justice for victims and survivors of the Troubles.

Sinn Féin MP John Finucane said the government’s main focus appeared to be on “retaining and reforming the ICRIR in a vain bid to attract the support of families and victims rather than dealing with their genuine and well-rehearsed concerns”.

“The British government should work with all families, the Irish government and the political parties on an agreed way forward for legacy by returning to the key principles and mechanisms agreed at Stormont House,” he added.

Amnesty International UK’s deputy director in Northern Ireland, Grainne Teggart, said it was “deeply worrying” that the government had not committed to “the immediate restoration of inquests”.

“An unfixed future date for primary legislation along with an appeal to the Supreme Court is not the swift action needed to undo the harm caused by the last government and only adds to the burden on victims,” she said.

“Hilary Benn’s announcement on civil claims is welcome and necessary following the decisions by the courts — along with addressing other provisions of the Legacy Act found by the Belfast High Court to be incompatible with human rights — but there is no escaping the reality of political decisions that mean the remedial order will not address all it could and should.

“Families waiting for inquests will rightly be concerned.

“We’ll continue to engage with all relevant parties to ensure a human rights compliant legal framework and mechanisms that can deliver for victims and have their confidence.”

The Irish government, which brought a rare interstate case against the UK in the European Court of Human Rights in relation to the 2023 Act, issued a statement acknowledging Mr Benn’s announcement.

Tánaiste Micheál Martin said: “As I have stated previously, the key tests for the Irish government in respect of reforms of the Legacy Act are compliance with the European Convention of Human Rights, and the ability to command the confidence of victims and survivors.

“I will have a further chance to talk with the Secretary of State about this issue over the next couple of days at the British Irish Council Summit in Edinburgh.”