Hilary Benn lays order to ‘repeal and replace’ elements of Legacy Act but insists ICRIR stays

Derry Journal

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00:00Addressing the legacy of the Troubles was one of the aims of the Good Friday Agreement,

00:05but this task remains incomplete. Too many families I have met have had to wait too long

00:13to find out what happened to their loved ones. I have found it difficult to listen to their

00:18stories about the brutality of the killings, the way some of them were treated afterwards

00:25and the passing of the years without finding answers.

00:30The approach taken to legacy by the last Government was wrong. It was rejected by the Northern

00:38Ireland Political Party's victims groups, the Irish Government, and opposed by the Labour

00:42Party when we were in opposition. And aspects of the Legacy Act have now been found by the

00:51courts to be incompatible with our obligations under the European Convention on Human Rights.

00:58This must be remedied, and the Government are committed to repeal and replace the legislation

01:05as set out in our manifesto.

01:08I am today laying a remedial order under the Human Rights Act to take the first steps to

01:14honour that commitment. Specifically, the order will, if adopted by Parliament, remove

01:22all provisions from the Act relating to the immunity scheme, which, let it not be forgotten,

01:30would have enabled any of those who perpetrated the most appalling terrorist crimes to seek

01:39immunity from prosecution from the Independent Commission for Reconciliation and Information

01:45Recovery. Although, as many victims' families recognise, with the passage of time the prospect

01:54of successful prosecutions is increasingly unlikely.

02:00The order will also enable all civil proceedings that were prohibited by the Legacy Act, including

02:08future cases, to proceed. This means that individuals will once again be able to bring

02:15troubles-related cases to the civil courts, a basic right denied them by the Legacy Act.

02:25In addition to laying this remedial order, I can also announce today that I will introduce

02:30primary legislation when parliamentary time allows. This legislation will implement our

02:37promise to restore inquests, starting with those that were previously halted by the Legacy

02:43Act. It will also, in direct response to the Northern Ireland Court of Appeals findings,

02:51amend the disclosure regime so that it is fair, transparent and, crucially, allows for

02:58the greatest possible disclosure of information, following very closely the model for statutory

03:05inquiries and other established processes.

03:10We will also ensure that, in specific circumstances, namely in cases that are unable to proceed

03:16as an inquest, the Independent Commission is able to hold public hearings, take sworn

03:23evidence from individuals and ensure families have effective representation. While the courts

03:31have found the Commission to be sufficiently independent to conduct Article 2 compliant

03:38investigations, the confidence of families in its work is paramount, so we will make

03:46further changes to reform and strengthen the Commission's independence, powers and accountability.

03:53As part of this work, we will consider provisions previously included in the draft Stormont

04:00House Agreement legislation, as well as learning from the experience of Operation Kenova.

04:08The steps I am outlining today seek to correct the mistakes of the previous Government's

04:14approach, ensure compliance with the ECHR and deliver on what this Government have promised

04:19– the removal of conditional immunity, the reinstatement of Legacy inquests halted by

04:25the Act, restoring civil cases and reforming ECHR, while enabling it to continue working

04:33on behalf of the growing number of families who have already sought its help.

04:39The many conversations I have had with interested parties in recent months have been invaluable

04:45in the development of this approach. I will now undertake further discussions on specific

04:50measures to be included in primary legislation so that, together with the remedial order,

04:56the Government fulfil their commitment to repeal and replace the Legacy Act. This will

05:01include families, victims and survivors groups, Northern Ireland parties, civil society and

05:07the veterans community, recognising the dedicated service of the vast majority of police officers,

05:15members of the armed forces and the security services who did so much to keep the people

05:21of Northern Ireland safe during the troubles. I want to take the opportunity to reassure

05:27the House that, as a Government, we are committed to ensuring that veterans receive the right

05:34welfare and, where appropriate, legal support. I will, of course, also continue to have detailed

05:42discussions with the Irish Government, who, as co-guarantors of the Good Friday agreement,

05:47are an essential partner in this process. I hope that the UK and Irish Governments will

05:54be able to agree a way forward that is underpinned by the principles set out in the Stormont

06:00House agreement.

06:02I am sure that everyone recognises that, as time passes and families get older, we need

06:08to get on with enabling them to obtain the information, accountability and acknowledgement

06:14that they have long sought.

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