Varadkar seeks to discuss ‘profoundly wrong’ UK legacy bill with Biden at UN

Taoiseach Leo Varadkar has said he hopes to have talks with US president Joe Biden at the United Nations about Northern Ireland and the UK government’s controversial legislation to deal with the legacy of the Troubles.

Mr Varadkar described the British government’s unilateral move to introduce arrangements to address legacy issues in the North as “profoundly wrong”.

Mr Biden was scheduled to host a reception for world leaders at the United Nations in New York on Tuesday.

Mr Varadkar said he hoped to have an opportunity to discuss with Mr Biden the Government’s view regarding Northern Ireland and the UK’s legacy bill.

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He said the Government had “a significant decision to make” in the next few weeks “as to whether we take an inter-state case [on the British legislation] to the European Court of Human Rights or not”.

“There’s a legal question as to whether it makes best sense to support the case of a victim or to bring our own inter-state case.  We will have to decide which case would be the strongest.”

“And then secondly, obviously, it’s a political question, because it’s not a good thing to have to take your neighbour to court. Well, what’s being done I think is profoundly wrong,” Mr Varadkar said.

He was speaking as it emerged further legal challenges have been lodged against the UK legacy bill.

Martina Dillon, John McEvoy, Brigid Hughes and Lynda McManus – who are represented by Phoenix Law and supported by Amnesty International – are challenging the new law in areas including its block on future inquests and civil claims.

Each has inquests, independent investigations or civil claims pending and will be directly impacted by the new Act.

Dillon, whose husband Seamus was shot and killed in 1997 and is the subject of a pending inquest, said the “trauma of his killing has been exacerbated by this law”.

“Truth and justice are not much to ask, we shouldn’t have to fight for decades to get it.

“The clock is ticking for victims, we hope the courts treat this with urgency,” she said.

Gavin Booth, partner in Phoenix Law, said their clients were “steadfast in their commitment to achieving justice for all victims of the conflict through this legal challenge”.

“This Act represents a clear departure from the rule of law and is a significant interference in the justice system by denying victims access to the courts,” he said.

The Northern Ireland Troubles (Legacy and Reconciliation) Act received Royal Assent and became law on Monday.

It replaces current methods of criminal and civil investigations and inquests, with inquiries carried out by a new investigative body which has the power to offer conditional amnesties for perpetrators.

The legislation passed its final stage in the UK parliament earlier this month, despite widespread opposition from the North’s five main political parties, victims and human rights groups, the Irish Government, other parties in Ireland and in Britain, and internationally. It is supported by veterans’ groups.

The Northern Secretary, Chris Heaton-Harris, said the passing into law of the Act was a “significant milestone” and the legislation presented “a real opportunity to deliver greater information, accountability and acknowledgment to victims and families, moving away from established mechanisms that have left far too many empty-handed.

“I am confident that this Act provides a framework to enable [the new legacy body] the Independent Commission for Reconciliation and Information Recovery (ICRIR) ... deliver effective legacy mechanisms, while complying with our international obligations,” he said.

[ What is the Northern Ireland Troubles legacy Bill? ]

Mr Heaton-Harris said the UK government would do “all it can” to support the ICRIR and called on “others, including the Irish Government” to do the same.

Tuesday’s action was the latest in a number of legal challenges that have been lodged so far in the High Court in Belfast by at least 19 people, who are mainly bereaved relatives or were injured themselves during the Troubles.

On Monday KRW Law launched legal action on behalf of five people, arguing that the new law was “unconstitutional and unlawful” and is in breach of the Northern Ireland Protocol and the European Convention on Human Rights.

Madden and Finucane Solicitors has lodged judicial review papers on behalf of six relatives of seven people killed during the Troubles, challenging the “lawfulness of this legislation and its compatibility with international human rights standards”.

Harte Coyle Collins solicitors has taken a challenge on behalf of three bereaved relatives, “challenging all aspects of the legislation including the amnesty scheme”, while victims campaigner Raymond McCord has also taken a case.

Firms have also said they intend to take separate challenges at the European Court of Human Rights (ECHR)

On Tuesday Amnesty International repeated calls for the Irish Government to take an interstate case against Britain at the ECHR, urging it to “swiftly” do so.

Speaking to reporters in Dublin on Tuesday, Minister for Public Expenditure Paschal Donohoe said the Government was still awaiting advice from the Attorney General but he expected it would be received “soon” and the Government would then make a decision.

“We believe that the process of healing and reconciliation within Northern Ireland is one that needs to continue and to be supported,” he said. “And we’re very concerned about the impact that legislation could have on that process.”