The Irish Times view on the Legacy Act: repeal plans hit a roadblock
in the form of backbench MPs
who represent important constituencies with significant numbers of former soldiers.
The backbenchers have threatened to vote against the repeal legislation being brought forward by Hilary Benn, the secretary of state for Northern Ireland, because of concerns that it would leave former members of the security forces at risk of being pursued over actions taken while serving in Northern Ireland. The UK's veterans minister, Alistair Carns, has said he will resign if it is passed.
The exposure of former and current service personal – and by extension the British state – was uppermost in the mind of the Conservative government when it brought in the Legacy Act in September 2023, despite the opposition of all political parties in Northern Ireland.
The act put an end to any civil actions and independent inquests into Troubles-related deaths. It offered an alternative route by which victims and their families could seek answers. An independent information recovery body – the Independent Commission for Reconciliation and Information Recovery – was established and given the power to grants amnesties to those who cooperated with it. This would have offered former security force personnel and other participants protection.
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This power to grant amnesties was subsequently found by the British courts to be incompatible with the European Convention on Human Rights and the British government's commitments under the Windsor Framework, agreed with the EU as part of the Brexit process.
Labour committed to repealing the Legacy Act in its election manifesto and Benn initiated the process last December by announcing legislation to remove the conditional immunity clause from the act and also allow new civil actions and inquests to proceed. Cross party opposition to Benn's plans coalesced around a parliamentary petition instigated by a former British Army officer which has garnered close to 180,000 signatures, triggering a heated debate in the House of Commons last week.
British prime minster Kier Starmer is still licking his wounds after his backbenchers forced a climb-down over welfare reforms. He may well be tempted to long finger the Legacy Act reforms. The contradictory stance of some Unionist politicians may well give him some cover. Having opposed the Legacy Act, they are now opposing its repeal over fears that members of the security forces could be prosecuted.
The Taoiseach is due to discuss the issues with the British prime minister, but it remains to be seen whether Starmer has the stomach to face down his backbenchers over the issue.
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