Legacy Act: MPs remove conditional immunity measure for Trouble-era crimes

Legacy Act: MPs remove conditional immunity measure for Trouble-era crimes

Members of Parliament have voted to eliminate a provision from the legacy legislation introduced by the former Conservative government that granted conditional immunity from prosecution for crimes related to the Troubles. This contentious clause, already ruled unlawful, faced opposition from Northern Ireland political parties and victims’ groups alike. Under this measure, individuals could have avoided prosecution for Troubles-era offenses if they disclosed information concerning unresolved cases.

Hilary Benn, the Northern Ireland Secretary, remarked that despite the previous legislation’s intentions, it had “fundamentally failed.” The new vote also involved the removal of a ban preventing future compensation claims linked to Troubles-related incidents. Benn emphasized that the last government’s approach—offering amnesty to both veterans and perpetrators to bring closure—resulted in eroding trust among all communities in Northern Ireland.

On Wednesday evening, Benn introduced a remedial order to the House of Commons, which MPs supported by a considerable margin of 373 to 106. Meanwhile, the current Labour administration is in the process of repealing the previous legacy act and replacing it with new legislation currently progressing through Parliament. This new framework will establish a legacy commission stemming from the Independent Commission for Reconciliation and Information Recovery (ICRIR) and will guarantee independent oversight. The government indicated that the new arrangements include protections for veterans, including provisions that offer “a protection in old age.”

Despite calls from some Conservative backbench MPs for immunity from prosecution for those who served in the armed forces, Sinn Féin’s vice-president and Northern Ireland First Minister Michelle O’Neill expressed concerns regarding any government moves that might breach commitments to victims and survivors by giving special treatment to veterans. Benn stated that the government fundamentally rejects immunity “as a matter of principle” and insisted that military personnel must abide by the rule of law. Shadow Northern Ireland Secretary Alex Burghart pointed out that although the previous Conservative legislation lacked cross-party support, there was also no backing for Benn’s legislation in Northern Ireland, noting there were many who wished to “move on and respect the decision to draw a line.”

The Democratic Unionist Party leader Gavin Robinson announced his party’s opposition to the remedial order, raising concerns about the financial implications of reinstating future civil actions related to the Troubles. He criticized the government for expanding the scope of ongoing legacy investigations without increasing the budget, questioning, “Is he going to pick up the tab?” Robinson warned that the decisions made now and in the future would significantly impact Northern Ireland’s ability to look forward. Existing Troubles-era claims have already placed pressure on the Police Service of Northern Ireland, which faces numerous civil litigation and compensation processes.

Other political figures have also voiced opinions: Social Democratic and Labour Party leader Claire Hanna viewed ending the immunity clause as a step toward restoring the rule of law in legacy matters, though she acknowledged it was merely an initial step toward achieving truth and justice. Alliance MP Sorcha Eastwood supported the remedial order, urging that the UK maintain its legal standards without compromise. Conversely, Ulster Unionist Party MP Robin Swann questioned the timing of the order, suggesting it be delayed until ongoing legal appeals regarding parts of the legislation are resolved. Meanwhile, Traditional Unionist Voice leader Jim Allister accused Labour of pursuing these changes solely to appease the Irish government, pointing to concerns about potential cases being brought before the European Court of Human Rights. Independent MP Alex Easton expressed serious worries about the proposed new legacy framework negotiated between the British and Irish governments

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