Legacy of the Troubles

Monday 7th October 2024 Written Statements

[The Secretary of State for Northern Ireland (Hilary Benn)]

I wish to provide an update to the House following the Northern Ireland Court of Appeal’s judgment in Dillon and others regarding the Northern Ireland Troubles (Legacy and Reconciliation) Act; and on the appointment of Sir John Evans as the Chair of the Robert Hamill inquiry.

The Government are absolutely committed to implementing mechanisms to address the legacy of the troubles that fully comply with human rights. My previous written ministerial statement, laid on 29 July 2024, confirmed that the Government, as part of their ongoing commitment to repealing and replacing the Legacy Act, had formally abandoned all grounds of appeal against the section 4 Human Rights Act declarations of incompatibility made by the Northern Ireland High Court in relation to the Act. This included the immunity provisions, providing important clarity for families that the immunity scheme and other offending provisions would not take effect. I also confirmed the Government’s intention to propose measures to further strengthen the independence and powers of the Independent Commission for Reconciliation and Information Recovery.

On 20 September, the Court of Appeal handed down its judgment in Dillon and others. The Court recognised

“the wide powers of ICRIR and the benefit of having investigations placed within one body which is well-resourced”,

and further noted that the ICRIR has

“unfettered access to all information, documents and materials as it reasonably requires in connection with a review” (https://www.bailii.org/nie/cases/NICA/2024/59.html, Paragraph 210).

The Court concluded that such powers

“cannot be criticised, nor should they be underestimated” (https://www.bailii.org/nie/cases/NICA/2024/59.html, Paragraph 210).

However, the Court of Appeal also made further declarations of incompatibility in relation to the Legacy Act to those made by the High Court. One of these was in relation to the current prohibition on civil proceedings—another policy pursued by the previous Government that this Government have already committed to reversing.

The other declarations of incompatibility relate to effective next-of-kin participation where an inquest was previously assigned in order to discharge the state’s article 2 procedural obligations, and the role of the Secretary of State for Northern Ireland in relation to public disclosure of information https://www.judiciaryni.uk/judicial-decisions/summary-judgment-re-dillon-and-others-ni-troubles-legacy-and-reconciliation-0

The Government have already made clear their intention to propose measures that allow legacy inquests previously halted to proceed, should that be the preference of families. Notwithstanding this, the Government take these further declarations of incompatibility very seriously, and it remains my priority to ensure that the ICRIR can provide human rights compliant investigations in all relevant cases.

The Court largely upheld the High Court’s findings in relation to article 2 of the Windsor framework, which, as I noted in my statement to the House on 29 July, introduces legal uncertainty about what protections are afforded by article 2, and how legislation applies across the United Kingdom.

This is a complex and wide-ranging judgment with significant implications. The Government are therefore carefully considering their findings to inform a decision on the way forward. I wish to make it clear to the House that any such decision will be without prejudice to the Government’s absolute commitment to addressing legacy issues in a way that is fully human rights compliant, and with the fullest possible transparency within the framework that rightly exists to ensure that those who work to keep the citizens of the United Kingdom safe are themselves protected from harm.

As set out in my statement of 29 July, the Government have begun preparations to lay in Parliament a draft remedial order under section 10 of the Human Rights Act 1998 to remedy the original declarations of incompatibility made by the High Court, including the immunity provisions. In light of the additional declarations of incompatibility made by the Court of Appeal, I am reviewing this process and will update the House in due course.

This Government take their human rights obligations—and their responsibilities to victims and survivors of the troubles—extremely seriously. As part of the Government’s commitment to repealing and replacing the Legacy Act, I continue to undertake consultations with interested parties regarding a practical way forward that can command support across communities in Northern Ireland and beyond. I said previously that this process will involve difficult conversations, and that is proving to be the case in my engagements so far, which have been sometimes challenging but always insightful. I am encouraged by the willingness of those I have met to date to engage constructively. I look forward to further discussions in the period ahead.

Separately, I am pleased to announce the appointment of Sir John Evans as chair of the Robert Hamill inquiry. A chair of the inquiry is required in order for the inquiry report to be formally passed to me for publication. Due to the passage of time since the report was completed in 2011, it was necessary for me to appoint a new chair of the inquiry, as the former chair, Justice Sir Edwin Jowitt, is unfortunately unable to continue in the role. I send him my very best wishes, and thank him for all he did in his time as chair.

Sir John was a panel member when the inquiry was in operation, and worked closely with Sir Edwin on the report. Sir John brings a wealth of experience to the role as a former Chief Constable, and I know he will do everything in his power to ensure the inquiry report is published soon.

I will remain in close contact with Sir John ahead of the inquiry report being passed formally to me in order to arrange for the necessary legal and security checks to be completed. While I will do everything I can to ensure the report is published as soon as possible, due to the passage of time since the report was completed, it is imperative that these checks happen before publication.

I want to pay tribute to Robert Hamill’s family for their patience and their dignity as they awaited the conclusion of relevant criminal proceedings. I will make a further statement to Parliament when the report is published.

[HCWS108]