The Labour Government in Britain has begun the process of making good on its pre-election commitment to repeal and replace the Northern Ireland Troubles (Legacy and Reconciliation) Act brought in by its predecessor.
The act was an effort to draw a legal line under the violence of the Troubles by closing off the various avenues by which those affected could seek redress. Instead, they were to avail of the Independent Commission for Reconciliation and Information Recovery which was to have the power to offer an amnesty to those who cooperated with it.
It came into effect last year, but the High Court in Belfast deemed aspects of it to be at odds with the UK’s obligations under the European Convention on Human Rights. Last week Hilary Benn, the secretary of state for Northern Ireland, introduced legislation to remove the immunity scheme and also lift the prohibition on civil proceedings. Further legislation to allow inquests and enable the independent commission to hold sworn public inquiries is promised.
Once implemented these measures will have addressed the bulk of the objections raised on both sides of the political divide in Northern Ireland. The role of the independent commission will have been reduced to just another option alongside the legal system for those seeking redress. The commission may yet find a valuable role for itself if it can win the trust of victims and families who might prefer a less adversarial process. But in essence the Labour government has more or less reinstated the status quo that pertained before the Legacy Act was brought in.
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It was far from a satisfactory situation then and remains so now. But the Legacy Act as conceived was weighed towards the interests of the British government and its agents.
The ability to seek justice via the courts remains the clear preference of the majority of people in Northern Ireland, if the cross-community opposition to the act is any guide. A long road clearly still lies ahead in dealing with the legacy of the Troubles.
