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Home » UK-Ireland Agreement: To Shut Down Investigation into Cruel Acts and Crimes during Troubles

UK-Ireland Agreement: To Shut Down Investigation into Cruel Acts and Crimes during Troubles

All Northern Ireland parties, several victims' groups, and the Irish Government showed their opposition to the UK-Ireland agreement.

All Northern Ireland parties, several victims' groups, and the Irish Government showed their opposition to the UK-Ireland agreement.

The UK-Ireland agreement is close. The agreement is on dealing with the legacy of the Northern Ireland Troubles. Moreover, the Conservative Government in September 2023 passed the Northern Ireland Troubles (Legacy and Reconciliation) Act. Bereaved families disputed that the act’s most controversial element, the offer of conditional immunity to suspects, followed legal action.

The legislation will close down new investigations of the cruel acts and other crimes committed during the Troubles. The Troubles were a protracted civil conflict that occurred between the late 1960s and 1998 and killed more than 3,600 people. However, the Irish Government, along with all of Northern Ireland’s political parties and victims’ groups, oppose the existing UK Legacy Act.

UK-Ireland Agreement: Northern Ireland Troubles

The UK and Irish governments are “close” to a new agreement. The agreement is on dealing with the legacy of the Northern Ireland Troubles, a committee of MPs has been told. Northern Ireland Secretary Hilary Benn said Dublin’s support will be “a very significant and beneficial step”. The Irish Government, along with all of Northern Ireland’s political parties and victims’ groups, oppose the existing UK Legacy Act. A replacement act is in the process of being drafted.

The Northern Ireland Troubles (Legacy and Reconciliation) Act was passed in September 2023 by the Conservative Government. the Independent Commission for Reconciliation and Information Recovery (ICRIR) is a new legacy body made by the Conservative Government. ICRIR took over all Troubles-era cases from 1 May 2024, including those on the desk of the Police Service of Northern Ireland.

However, Labour, all Northern Ireland parties, several victims’ groups, and the Irish Government showed their opposition to the UK-Ireland agreement. The act’s most controversial element, the offer of conditional immunity to suspects, was disapplied following legal action. The Secretary of State formally started the process to repeal the act. However, veterans who do not want to see the law repealed presented a backlash.

UK-Ireland Agreement: Dealing with Legacy Cases

Speaking after the British-Irish Association (BIA) conference in Oxford, Simon Harris said the UK and Ireland were “on the verge” of developing a framework following the European Convention of Human Rights (ECHR). It happened after the Northern Ireland Secretary Hilary Benn said the UK government is “close” to a new agreement on dealing with legacy cases.

The Irish Government, along with all of Northern Ireland’s political parties and victims’ groups, oppose the UK-Ireland agreement. Unionists have previously reacted negatively towards the UK government’s dealings with Dublin on the controversial Legacy Act and ICRIR.

UK-Ireland Agreement: Victims’ Families Oppose

The British Government has faced several legal challenges over the incoming legislation. Westminster MPs are preparing to vote on the controversial Northern Ireland Troubles (Legacy and Reconciliation) Bill. The UK’s proposed law will close down new investigations of the killings and cruel acts during the 30 years of conflict in Northern Ireland.

The legislation will close down new examinations of the cruel acts and other crimes committed during the Troubles. The Troubles were an extended civil conflict that occurred between the late 1960s and 1998 and killed more than 3,600 people. There is extensive opposition to the bill across all of Northern Ireland’s key political parties. In addition, the Irish Government in Dublin, as well as victims’ families and many other civil society groups, oppose the act.

Families Have No Trust in the Commission on Reconciliation and Information Recovery

Northern Ireland Secretary Hilary Benn told MPs at Westminster that both sides had “made a lot of progress” in talks to reach a compromise. Benn has promised to repeal and replace the previous Conservative Government’s controversial Legacy Act, which shut legal avenues for bereaved families.

But he has faced criticism for insisting on retaining the act’s investigative body, the ICRIR. Many families have expressed a lack of confidence in the ICRIR.  However, Benn told the Northern Ireland Affairs Committee in Westminster that 200 people had approached ICRIR. He said it had taken on some high-profile incidents amongst its 80 cases. The Tánaiste stressed the importance of how any new agreement “lands” with people in Northern Ireland. He added that trust is not like a light switch. It is not something that the Government or parties can turn on or off. It has to be earned. He added that the actions of previous governments have shaken the people’s trust across the island in legacy mechanisms. It has nothing to do with the current British Government.

ICRIR Reforms by Hilary Benn

Hilary Benn laid out the broad framework of the topic of discussion with the Irish Government. It includes significant reform to the ICRIR that would be human rights compliant and capable of carrying out investigations leading to prosecutions where evidence exists.

UK-Ireland agreement reform include better governance arrangements for the ICRIR. It consists of an international oversight board and more robust conflict of interest arrangements covering investigative staff. It gives the ICRIR powers to hold public hearings, take sworn evidence, and give families effective representation. In addition, it establishes a separate information recovery body. It provides safeguards for the British Army veterans asked to participate, including giving them the ability to take part virtually rather than travel to Northern Ireland.

Ireland Opposes the UK’s New Act: Benn is Optimistic 

Ireland is currently taking an interstate case against the UK to the European Court of Human Rights on the basis that the current legislation does not match the obligations regarding international human rights. While some victims have called for the scrapping of the ICRIR, Benn said he is standing by his decision to retain it “for reasons of timing and pragmatism”, but said it will be “fundamentally reformed. I think we’re close to being in a position to announce an agreement,” he told MPs.

Hilary Benn said he got Irish support. He believed that the revised arrangements would be a very significant step forward. It would enable the revised arrangements to command greater confidence in Northern Ireland if the Irish Government were to move from its current position toward the UK-Ireland Agreement.

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