The king’s vow in his address to the parliament of the United Kingdom to revoke the Troubles Legacy Act constitutes a major breakthrough in resetting Ireland and Britain’s political ties.The pledge initially made by the Labour party when in opposition is kept, expectedly leading the Irish Government to retract its interstate case against the act at the European Court of Human Rights.
The monarch’s speech, presenting the legal blueprint for the newly elected parliament, is somewhat lacking in specifics. Nevertheless, Labour declared that the policy of conditional immunity, which lies at the crux of the act, will be discarded.
The High Court in Belfast has already suspended this part of the Act under an appeal by relatives of Troubles victims claiming that it contravenes the European Convention on Human Rights.
The challenge confronting the incoming Northern Ireland secretary, Hilary Ben, is not the repeal of a discredited legal piece, but rather the formulation of a viable alternative. There’s substantial endorsement in Northern Ireland for a process of truth discovery. Institutions such as the Independent Commission for Reconciliation and Information Recovery (ICRIR), instituted by the Legacy Act, has made significant contributions in conflict resolutions elsewhere, prominently in South Africa.
Benn’s predicament is the almost unanimous objection in the North towards issuing a full-scale amnesty that enables such institutions to function effectively. Expectedly, families want to uncover the truth about their missing relatives and, when feasible, seek justice through the law’s machinery. Despite their distinct political predispositions, both sides seem to concur that the ICRIR’s structure, tied to a cessation of civil lawsuits and criminal inquiries, goes against their rights.
There is a pervading feeling of mistrust that the former UK government was intent on veiling the activities of British security forces during the Troubles and safeguarding former staff members, through this amnesty.
Benn has hinted at his intentions to restore civil cases and inquests, and also reforming the ICRIR to be in line with the human rights commitments of the UK. He provides victim’s families with the opportunity to choose their own path. His proposed modifications to the ICRIR are based on the 2014 Stormont House Agreement, which saw a certain degree of support across different communities, though not unanimously. It’s projected that separate entities will handle information recovery and investigation. His stance regarding amnesties’ part in this framework remains somewhat reserved.
The secretary faces a challenging endeavour, worthy of backing from all facets of Northern Ireland and Dublin, as he deals with this issue.