Thank you for contacting me about the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.
I believe it is necessary to address the extremely complex and sensitive legacy of Northern Ireland’s past. During the 2019-2024 Parliament, the previous UK Government sought to address this legacy by passing the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023. This legislation provides better outcomes for those most affected by the Troubles, while putting in place mechanisms to encourage and promote reconciliation. The Act also established the Independent Commission for Reconciliation and Information Recovery (ICRIR). This Commission has been tasked with delivering reconciliation for victims and their families. I believe that significant progress has been made since the ICRIR was established in December last year and I am pleased that the Commission opened its doors, as scheduled, on 1st May 2024.
The Act also legislated to cease Troubles-related inquiries that had not reached their finding stage by 1st May 2024. This was a measure welcomed by many veterans, including the Northern Ireland Veterans Movement (NIVM) - which represents 200,000 British Army veterans who served in Northern Ireland between 1969 and 1999. Of course, prior to the 1st May deadline, the UK Government continued to assist Northern Irish courts in good faith in relation to legacy matters.
I am deeply concerned by the current Government’s plan to repeal key facets of the Troubles Act. Revoking measures in the Act relating to immunity from Troubles-related prosecutions and civil actions would set back progress towards providing better outcomes to those most affected by the Troubles. I believe the current Government's plan will do nothing to resolve the Troubles' complex legacy and will further prevent Northern Ireland from looking to the future.
I understand that the Government has initiated the process of revoking specific measures within the Act: This includes abandoning the previous Government’s appeal relating to the Human Rights Act declarations made against the this legislation. The UK Government has laid a Remedial Order before Parliament under Section Ten of the Human Rights Act 1998. This Order will remove certain provisions in the Troubles Act from the statute book. In addition, I understand that the Government has begun consulting on legislation to replace the measures removed from the Legacy Act. This period of consultation is ongoing. I can assure you that I will continue to closely follow any developments.
I am fully aware that, by revoking measures within the Act declaring immunity from prosecution and preventing civil actions, more UK veterans who served our country during the Troubles could become the subject of legal proceedings. The Government’s plan to repeal the Troubles Act is another example of the current governing party's tendency towards legislating to put our troops on trial.
When in opposition, in addition to voting against the Troubles Act, the current party of Government also voted against the Overseas Operations (Service Personnel and Veterans) Act 2021. The current governing party, therefore, voted against making courts consider the context of deployment when conducting legal proceedings relating to troops deployed overseas, meaning fewer protections for troops who find themselves on trial. I hope that the current party of Government will come to understand the unique pressures that deployment places on our troops. Should they choose to recognise this, I hope Ministers will focus their efforts on supporting our veterans. A first step towards this would be maintaining measures in the Troubles Act that protect our troops from prosecution and civil actions.
Thank you again for taking the time to contact me.
