Northern Ireland Secretary questions Ireland’s approach to legacy issues and demands clarity on its prosecution record.

The UK Government has officially registered its regret over the Irish Government’s decision to challenge the UK’s Troubles legislation in the European Court of Human Rights. In a letter to Ireland’s Minister for Foreign Affairs, Micheál Martin, Northern Ireland Secretary Chris Heaton-Harris questioned the move, particularly in light of the ongoing efforts to address legacy issues in Northern Ireland.

The letter, sent by British Ambassador to Ireland Paul Johnston, calls on Dublin to outline its own record of tackling legacy cases, specifically asking for details on how many prosecutions have been initiated in Ireland since 1998 related to incidents from the Troubles. The UK Government also expressed disappointment that the Irish Government had taken legal action without first engaging with the Independent Commission for Reconciliation and Information Recovery (ICRIR) to better understand how it plans to implement the UK’s new legislation and provide support to victims and survivors.

The new legislation, the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, includes provisions that grant limited immunity from prosecution for those who cooperate with the ICRIR, which is tasked with investigating unresolved cases from the Troubles. The law also halts future civil cases and legacy inquests. These measures have been widely opposed by victims’ groups in Northern Ireland and all major Stormont parties, who argue that it risks undermining justice for the victims of the conflict.

Taoiseach Leo Varadkar announced Ireland’s legal challenge in December, stating that his Government had no choice but to take action in light of strong legal advice that the UK’s new law violated the UN Convention on Human Rights. In response, Heaton-Harris reiterated his call for the Irish Government to clarify its stance on legacy issues, particularly its record on prosecuting Troubles-related cases.

The Northern Ireland Office (NIO) has also criticised the timing of Ireland’s decision, pointing out that it comes at a delicate moment in Northern Ireland, as efforts continue to restore powersharing at Stormont. The NIO also highlighted that the Irish legal action is taking place before the ICRIR is fully established and capable of fulfilling the UK’s international obligations regarding legacy issues.

As tensions continue to rise over the implementation of the Troubles legacy laws, the UK Government remains adamant that engagement with the ICRIR is crucial for the success of the legislation and for ensuring that the needs of victims and survivors are met.