Monday, 29 January 2024

Ireland v UK ~ challenge by Ireland to UK primary legislation

Updated 29 February 2024 - DILLON case (High Court Northern Ireland)

Ireland has instituted an inter-State action against the United Kingdom - 
New inter-State application brought by Ireland against the United Kingdom - ECHR - ECHR / CEDH (coe.int)

The application is a challenge to sections of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, which received Royal Assent on 18 September 2023. See also the Explanatory Notes issued by the UK government. 

The European Convention on Human Rights enables Ireland to seek enforcement of human rights no matter who holds power at either Westminster or Belfast. Human rights  underpin much of the 1998 Belfast (“Good Friday”) Agreement. 


This is one to keep an eye on although it is perhaps unlikely that much will happen before the next UK general election.


The European Court of Human Rights Press Release provides fuller details .....



Update 29 February 2024

According to the High Court of Northern Ireland, 

"The provisions in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 relating to immunity from prosecution, namely sections 7(3), 12, 19, 20, 21, 22, 39, 41 and 42(1), are incompatible with article 2 of the Ireland/Northern Ireland Protocol/Windsor Framework" and should be disapplied.

See the judgment of Colton J at

IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND (judiciaryni.uk) and

Summary of Judgment - In re Dillon and others - NI Troubles (Legacy and Reconciliation) Act 2023_0.pdf (judiciaryni.uk)





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