The UK Supreme Court is expected to hear an appeal against a critical judgment on the Legacy Act before the summer, a lawyer has said.
The Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 is opposed by many victims’ groups and all the main Stormont parties.
Darragh Mackin from Phoenix Law, who represents several Troubles victims, said they had asked for the case to be expedited and it would be heard before the end of June if possible.
Martina Dillon, whose husband Seamus was shot dead in a loyalist attack at the Glengannon Hotel in Dungannon, Co Tyrone, in 1997, said the ongoing legal action “rubs salt” in the wounds of Troubles victims.
Last year the Court of Appeal in Belfast part allowed an appeal taken against the contentious Act, which was introduced by the previous UK government, ruling there were breaches of human rights law and the Windsor Framework.
The court found that a government veto power over what sensitive material can be disclosed to bereaved families by a new truth recovery body, the Independent Commission for Reconciliation and Information Recovery (ICRIR), is unlawful.
The court also ruled that the ICRIR does not provide victims and their next of kin adequate means to participate in its processes.
The Labour government is currently repealing the Act, including restoring legacy inquests and civil claims, but is retaining the ICRIR.
Northern Ireland Secretary Hilary Benn appealed against parts of the judgment, stating he was seeking clarification over the finding around the veto power on sensitive material and also over articles relating to the Windsor Framework.
Mr Mackin said the families who brought the original legal challenge had sought expedition of the Supreme Court hearing.
“It is disappointing that the secretary of state has continued to utilise every available mechanism to try and uphold the Tory pet project of the Legacy Act,” he said.
“That being said, despite the secretary of state’s best endeavours, every court to date has been clear, provisions of the Legacy Act are incompatible with human rights and the Northern Ireland Protocol.
“It is a testament to the importance of this case that the Supreme Court has confirmed that it will hear this case on an expedited basis and, indeed, before the end of June if possible.
“Our clients relish the opportunity to again take a stand against this act on behalf of all victims affected by this egregious legislation.”
Ms Dillon said: “The continuing efforts by the secretary of state to appeal against the decisions of the Belfast court only puts salt in the wounds of all victims.
“We warmly welcome the Supreme Court’s decision to expedite this case and we look forward to defending our rights in London before the end of June.”
Mr Benn said he was pleased the Supreme Court had granted leave for the appeal.
However, he made clear that the UK government was committed to creating legacy mechanisms that were human rights-compliant.
“I am committed and the government is committed to repeal and replace the Legacy Act, and I have set out for the House of Commons the steps that I will take, both in the remedial order that is currently before Parliament and in legislation, to honour that commitment,” Mr Benn told reporters in Coleraine on Thursday afternoon.
“But there were aspects of the Dillon judgment that raised wider constitutional questions that go beyond the Legacy Act, and that is why the government is appealing.
“I’m pleased that the Supreme Court has granted leave for that appeal and that will be heard when the Supreme Court is ready to do so.
“But, on legacy, I will ensure that we have a system that is compliant with the European Convention on Human Rights.
“That’s a pledge I’ve made, the government has made, and it’s one I’m going to honour.” - PA
