The new Troubles Legacy Act comes into force in Northern Ireland

The UK’s Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 has come into effect, putting an end to dozens of ongoing questions and investigations related to killings during the Troubles. This move, which the Irish government is challenging in a rare interstate application to the European Court of Human Rights, has been met with widespread criticism and concern.

Under the new law, most legal events linked to legacy cases will end, with the Independent Commission for Reconciliation and Information Recovery (ICRIR) taking over the investigations. The ICRIR, headed by former lord chief justice Sir Declan Morgan, has been operationally established and will conduct what the UK government insists will be more “robust and effective” investigations into Troubles-related cases.

Following legal action by families, the most controversial part of the act, which offered immunity to suspects, has been suspended. The court decided that this part of the act didn't comply with human rights laws and the Windsor Framework. The UK government has appealed this decision, and the appeal will be heard in June.

Gráinne Teggart, Northern Ireland deputy director at Amnesty International UK, described today’s milestone as “a cliff-edge for truth, justice, and accountability for victims of the Northern Ireland conflict.”

She criticized the Troubles Act for its impact on victims, saying, “The Troubles Act 1st of May guillotine for judicial processes has acted as an incentive for the state to frustrate legal proceedings and continue to grossly fail victims.”

Teggart also urged for the repeal of the act, stating, “The UK government should be utterly ashamed of the suffering they have heaped on victims by this appalling Act. This law is a significant attack on rights, a disturbing interference in the justice system and a complete affront to justice. It also sets a dangerous international precedent and must not stand.”

Legal challenges to the Act continue, and Teggart emphasized the urgency of establishing victim-centred processes and ending what she described as “a culture of slashing away at basic rights.”

Northern Ireland Secretary Chris Heaton-Harris defended the new arrangements, expressing confidence in the Independent Commission. He stated, “If the independent commission is given an opportunity to demonstrate its effectiveness, I am confident that it will deliver results.”