UK to Defend Troubles Legacy Act Amid Ireland’s Legal Challenge at European Court

People walk pass a mural relating to the Titanic in Belfast, Northern Ireland on March 13, 2012. (Peter Muhly/AFP/Getty Images)

The government has vowed to defend the Troubles Legacy Act and expressed its regret over Ireland’s decision to begin a legal challenge against the UK.

The controversial Northern Ireland Troubles (Legacy and Reconciliation) Act became law in September. It established an Independent Commission for Reconciliation and Information Recovery (ICRIR) and limited new criminal investigations and civil actions related to the Troubles.

More than 3,500 people suffered violent deaths during the Troubles—30 years of sectarian strife in Northern Ireland, which was ended by the Good Friday Agreement in 1998.

Dublin and Northern Ireland’s main political parties oppose the Troubles Legacy Act, arguing it gives amnesty to criminals and removes access to justice.

The Irish Deputy Prime Minister Micheál Martin announced on Wednesday the decision to begin a legal challenge against the UK government—under the European Convention on Human Rights—over its decision to offer immunity for Troubles-era crimes.

The Tánaiste argued that instead of proceeding with the 2014 Stormont House Agreement, Westminster chose to “pursue legislation unilaterally.”

The Stormont agreement proposed mechanisms for the retrieval of information for families and examination of unsolved murders carried out during the conflict.

“The British Government removed the political option and has left us only this legal avenue,” Mr. Martin said.

In response, the UK government called Ireland’s call for legal action a “misguided” act. The secretary of state for Northern Ireland, Chris Heaton-Harris, said the UK “profoundly regretted” Dublin’s decision.

“We will continue robustly to defend the legislation, including to ensure that the work of the ICRIR can continue without impediment while proceedings are ongoing. The overriding purpose of the Legacy Act is to enable more victims and survivors to obtain more information faster than can be achieved under current legacy mechanisms,” Mr. Heaton Harris said.

According to the UK government, the Stormont agreement—referred to by Ireland—didn’t represent a cross-party consensus or consensus on how to carry out the deal’s provisions practically.

Mr. Heaton Harris said that the Irish position was to take a victim-led approach while accusing London of trying to move away from criminal prosecutions.

“We believe that the Irish Government’s stated position on dealing with legacy issues is inconsistent and hard to reconcile with its own record. At no time since 1998 has there been any concerted or sustained attempt on the part of the Irish state to pursue a criminal investigation and prosecution-based approach to the past,” the minister said.

In its opposition to the Troubles Legacy Act, the Irish leadership said that since the legislation was first tabled, it has been consistently incompatible with the ECHR.

The Tánaiste stressed in his statement the incorporation of the ECHR into Northern Irish law is a requirement of the Good Friday Agreement.

Irish Prime Minister Leo Varadkar said there was “no option” but to task the European Court of Human Rights in Strasbourg with carrying out a judicial review of the Troubles Legacy Act.

Amnesty International has welcomed Ireland’s “state-level challenge” to the UK.

“Victims should be at the heart of how the ‘Troubles’ is addressed, not swept to the side with denial of rights imposed. We hope this critical litigation will bring all Troubles victims closer to the justice they deserve,” said Grainne Teggart, Amnesty International UK’s Northern Ireland deputy director.

The Democratic Unionist Party Leader Sir Jeffrey Donaldson, accused the Irish leadership of double standards.

He said it failed to “put in place any meaningful legacy process to deal with murders committed in their jurisdiction.”

Leaders of Sinn Fein and the Social Democratic and Labour Party have backed the Irish government’s decision. The Ulster Unionist Party leader Doug Beattie said the government’s move was “not surprising.”

Mr. Heaton-Harris said that Britain will always value deeply its “bilateral relationship with Ireland.”

Despite Dublin’s “misguided action,” Britain will continue to “work to minimise the consequences and protect the interests of the people and businesses that bind us together,” the minister concluded.