Question to the Northern Ireland Office:
To ask His Majesty's Government whether they intend to uphold the Carltona principles when producing any remedial orders relating to the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.
The Carltona principle is an extremely important one which should continue to be upheld, and the Government remains committed to bringing forward legislation in relation to the legacy of the Troubles that is lawful and human rights compliant.
On 4 December 2024, the Secretary of State laid a proposal for a draft remedial order, which represents the first step towards fulfilling the Government’s commitment to repeal and replace the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023. The remedial order, if adopted by Parliament, will remedy all of the human rights deficiencies in the Act identified by the Northern Ireland High Court in February 2024 in the case of Dillon and Others and one further deficiency - the prohibition on civil proceedings - identified by the Court of Appeal in September 2024.
The Government will also introduce primary legislation when parliamentary time allows, to implement other measures to ensure that the Government fulfils the commitments it has made, including to reform the independent Commission and further strengthen its independence and its powers.