The Government has decided to bring a case against the United Kingdom over the Northern Ireland Legacy Bill. 

The Government will argue that the provisions of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, also known as the Legacy Bill, are incompatible with the UK’s obligations under the European Convention on Human Rights. 

Tánaiste Micheál Martin said he “regrets that we find ourselves in a position where such a choice had to be made”. 

“However, the decision by the British Government not to proceed with the 2014 Stormont House Agreement and instead pursue legislation unilaterally, without effective engagement with the legitimate concerns that we, and many others, raised left us with few options,” he said. 

“The incorporation of the European Convention on Human Rights into Northern Ireland law is a specific and fundamental requirement of the Good Friday Agreement. 

“Since the UK legislation was first tabled, the Government have been consistent that it is not compatible with the Convention.” 

Northern Ireland Legacy Bill

The Legacy Bill changes how the UK government deals with Troubles-era cases.

It closes down all outstanding investigations into atrocities committed during The Troubles in Northern Ireland. 

The investigations are replaced with reviews by the newly established Independent Commission for Reconciliation and Information Recovery (ICRIR). 

The Bill has been opposed by the Irish Government and the leading political parties in Northern Ireland. 

Those opposed to the Bill said hundreds of families are still seeking justice for the killings of their loved ones. 

Over 1,000 murders are yet to be solved from the time of the 30-year conflict.

'Victims-centred approach'

Mr Martin said he has “consistently adopted a victims-centred approach” to negotiations about the Legacy Bill. 

“Serious reservations about this legislation have also been raised by a number of international observers, including the Council of Europe’s Commissioner for Human Rights and the UN High Commissioner for Human Rights,” he said. 

“Most importantly, this legislation is opposed by people in Northern Ireland, especially the victims and families who will be most directly impacted by this Act. 

“’Reviews’ by the proposed body are not an adequate substitute for police investigations, carried out independently, adequately, and with sufficient participation of next of kin. 

“We now find ourselves in a space where our only recourse is to pursue a legal path. 

“It is important to leave the next steps to the Court.” 

Government noted the Legacy Bill is a unilateral departure from the 2014 Stormont House Agreement, which was agreed between the two Governments and most parties in Northern Ireland.