A new joint framework to address the legacy of the North’s Troubles due to be unveiled later this morning represents a “sea-change” in the UK government’s approach to Northern Ireland, the Taoiseach has said.
Micheál Martin said Labour prime minister Keir Starmer and Northern Secretary Hilary Benn have addressed the core issues of immunity, the restoration of civil cases and the introduction of a stronger investigative dimension when examining Troubles-era cases.
The details of the framework, which will replace the controversial Legacy Act, are due to be announced by Tánaiste Simon Harris and Mr Benn at a press conference in Belfast later today following meetings to brief victims’ representatives.
The Irish Times understands the proposals are similar to those contained in the Stormont House deal, which was agreed in 2014 but never implemented. It envisages two separate bodies: one for information recovery, and another, a new Legacy Commission, to replace the current Independent Commission for Reconciliation and Information Recovery (ICRIR).
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The commission will be able to carry out fact-finding investigations and criminal investigations with the power to lead to prosecutions.
Its work will be supervised by an independent oversight board, and there will be no offer of immunity for perpetrators who co-operate - which had been one of the most contentious aspects of the Legacy Act until it was found unlawful by a judge.
Investigations that the ICRIR have already begun will continue.
Both governments will commit to reciprocal co-operation with legacy investigations, and legislation will be enacted in each jurisdiction to fulfil the requirements of the framework.
Once the legislation is in place and, assuming Dublin is satisfied it is compliant with human rights requirements, the Irish Government is expected to revisit the inter-state case it has taken against London over the Legacy Act, potentially paving the way for its withdrawal.
On Friday, the Tánaiste is expected to announce funding of €25 million to support the participation and representation of victims, survivors and next of kin in legacy processes.
The Irish legislation is expected to include the creation of a formal structure for engagement between the commission and An Garda Síochána, which will require individuals to co-operate with the new body. This new Legacy Unit will be established in An Garda Síochána as a single point of contact on Troubles-related cases for victims and families. It is intended to be up and running within months.
It is understood the State has not changed its position on the murder of Sean Brown, the GAA official and father-of-six who was locking the gates at Bellaghy Wolfe Tones GAA club in Co Derry when he was abducted and killed by loyalist paramilitaries in 1997.
The Irish Government continues to support the Brown family’s call for a public inquiry, which has been ordered by a court in Northern Ireland – a decision which is being challenged by the UK government in the Supreme Court.
Speaking to reporters about legacy matters at the National Ploughing Championships in Co Offaly, Mr Martin said: “I’ve been involved in Northern Ireland all of my political life. This issue has not been resolved.” Until now, he said, there has not been a “credible pathway” to help families who are grieving.
“We’re now into the third generation. [We have] grandsons and granddaughters coming to us, looking for closure on cases as a result of the Troubles.”
Sinn Féin leader Mary Lou McDonald said she hoped the initiative would be human rights compliant and that both governments needed to move away entirely from the “failed” Legacy Act.
“The ultimate judgment on all of the proposed arrangements will be made by victims, survivors and their families because, in the end, theirs are the needs that need to be served.”
