The Irish and British governments have finally agreed a new framework for dealing with the legacy of the Troubles. By the nature of such agreements, there are compromises on both sides. The key goal is to offer a route for families to get some closure, though there is still work to be done in legislating for the new framework and putting its constituent parts in place. Many families, understandably, will remain sceptical, given the many years during which their questions have not been answered.
Nonetheless, the agreement – published yesterday by Tánaiste Simon Harris and Northern Ireland secretary Hilary Benn – is a welcome step forward from the Legacy Act, introduced by the former Conservative government, which had halted inquests and civil prosecutions relating to deaths during the Troubles. This had been opposed by all sides in Northern Ireland, found by the Belfast High Court to be in breach of European human rights law, and was the subject of a rare interstate case taken by the previous Irish government.
It is now due to be repealed and the new framework meets at least some of the demands of families by restarting inquests and lifting the ban on prosecutions. It replaces the Independent Commission for Reconciliation and Information Recovery (ICRIR), set up under the Legacy Act, with two new bodies, which can conduct fact-finding inquiries and also recommend criminal prosecutions. Ireland will establish a Garda legacy unit to help with historical investigations and a fund to help witnesses meet the costs involved .
The families of victims of the Troubles will welcome the intent of the new plan, but wait to see it work in practice. New protections for army veterans are also being introduced and it remains to be seen what impact they have on legal cases, fact-finding inquiries and inquests.
RM Block
Much now will come down to implementation. But after the unilateral imposition of the Legacy Act by the previous London government, this agreement stands a better chance of success. It also shows progress in the promised resetting of relations between Dublin and London.
