Government to study British ruling on Troubles act
The Minister for Foreign Affairs and Trade has said that the Government will “carefully” study a judgment delivered yesterday (7 May) by Britain’s Supreme Court.
The judges allowed an appeal by Britain’s Northern Secretary against a Court of Appeal ruling that some elements of a controversial 2023 act led to a diminution of victims’ rights under article 2 of the Windsor Framework.
The case, Dillon and Others v Secretary of State for Northern Ireland, had initially been brought by victims and families of victims of the Troubles.
The 2023 legislation, which led to Ireland lodging a challenge at the European Court of Human Rights, created a new independent body called the Independent Commission for Reconciliation and Information Recovery (ICRIR), and offered immunity from prosecution for individuals who co-operated with it.
New bill
The Supreme Court concluded that the immunity provisions and sections 8 and 43(1) of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 did not breach the Windsor Framework, as the applicants’ rights derived from EU law had not been diminished.
Last year, the Irish and British governments agreed a framework aimed at addressing legacy issues from the Troubles – including a commitment from the Labour government to introduce a new Troubles Bill.
In a statement, Minister Helen McEntee said that her thoughts were with Martina Dillon and all the families affected by the 2023 act and by the Supreme Court judgment.
She said that the framework agreed by the governments represented the best opportunity for victims and their families to secure truth and accountability.
‘Clear statement’
The minister welcomed what she described as a “clear statement” from the British Government that the Troubles Bill, which would give effect to Britain’s commitments, was the only viable way forward.
“That tallies with the commitment the Secretary of State gave me last week that he would advance the bill in the new parliamentary session,” she added.
Sinn Féin MP John Finucane said that the families would be “deeply disappointed” by the Supreme Court ruling.
“Today’s judgment will cause genuine concern among families who believed protections contained within the post-Brexit arrangements would safeguard their rights,” he said.
ICEL conference
The Irish Centre for European Law (ICEL) will host a hybrid conference on 27 May from 4.15pm to 6pm, focusing on the practical implications of the British Supreme Court ruling.
The conference will feature barristers Jack Williams (Monckton Chambers) and Professor Christopher McCrudden (Blackstone Chambers), both instructed in the Dillon case.
The event will be chaired by Darragh Mackin, partner at Phoenix Law.
Tickets are £45 for in-person attendance and £20 for online participation.
For enquiries, contact icel@tcd.ie.
Two CPD points will be available.