The Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 responded to the legacy of “The Troubles”, a period of conflict in Northern Ireland that began in the late 1960s and continued until the Belfast (or Good Friday) Agreement of 10 April 1998. More than 3,500 people were killed during the Troubles, with approximately 40,000 injured. Around 1,200 killings remain unsolved.
The 2023 Act created the Independent Commission for Reconciliation and Information Recovery (“ICRIR”), whose functions include carrying out reviews of deaths and serious injuries caused by conduct forming part of the Troubles.
Inquisitorial reviews by the ICRIR have replaced police investigations, investigations by the Police Ombudsman, inquests and civil claims relating to Troubles-related conduct, and the 2023 Act has brought existing investigations, inquests and claims to an end.
The Act also introduced
a conditional immunity scheme allowing those who cooperate with the ICRIR to receive immunity from prosecution for Troubles-related offences.The Labour Government has introduced the Northern Ireland Troubles Bill 2024-26 which will repeal and replace Part 2 of the 2023 Act. The ICRIR will continue in existence but will be renamed the Legacy Commission.
Challenge to the 2023 Act:
- Martina Dillon’s husband, Seamus Dillon, was shot and killed on 27 December 1997 by a loyalist paramilitary group. There was evidence of collusion by state authorities, but the inquest into Mr Dillon’s death was ended by the 2023 Act.
- John McEvoy narrowly escaped death and sustained serious psychiatric injuries following an attack by loyalist paramilitary gunmen on 19 November 1992. The 2023 Act has ended the Police Ombudsman and police investigations into his case, despite the possibility of state collusion in the attack.
- Brigid Hughes’ husband, Anthony Hughes, was shot and killed by members of the security forces on 8 May 1987. The 2023 Act has ended the inquest into Mr Hughes’ death.
- Lynda McManus is the daughter of James McManus who was severely injured in a sectarian gun attack perpetrated by loyalist paramilitaries on 5 February 1992. A Police Ombudsman report found collusive behaviour by the police in the attack. Ms McManus brought a civil claim on behalf of her father’s estate, but the 2023 Act has prevented her claim from proceeding.
They challenged (by judicial review) various provisions of the 2023 Act. These included those which:
- created and facilitated immunity from prosecution;
- established ICRIR, its functions and its working mechanisms;
- controlled the disclosure of material to and by ICRIR;
- prohibited criminal enforcement action in relation to Troubles-related offences unless ‘serious’ or ‘connected’;
- ended inquests, criminal investigations by police, civil proceedings and police complaints.
They were successful in the Northern Ireland High Court (Colton J) and in the Northern Ireland Court of Appeal. The Secretary of State for Northern Ireland appealed to the Supreme Court of the UK which unanimously ruled in his favour.
For the convoluted detail of all of this please see the judgment and the Press summary - links below.
Looking forward, the government's Troubles Bill faces a difficult time in Parliament. Numerous amendments have already been put forward. The Bill was carried over from the 2024-26 parliamentary session and so will be one to watch during the next session of Parliament.
Judgments:
Supreme Court of the UK - In the matter of an application by Martina Dillon, John McEvoy, Brigid Hughes and Lynda McManus for Judicial Review (Respondents) - UK Supreme Court
and Press Summary.
Articles and Media:
Richard Ekins KC (Hon) - What this Supreme Court ruling means for Northern Ireland | The Spectator
The Troubles: Government wins legacy case at UK Supreme Court - BBC News
The Belfast Agreement - GOV.UK
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