UK and Irish governments commit to finding ‘way through’ legacy disagreements

The UK and Irish governments are committed to finding “a way through” disagreements on legacy legislation, Northern Ireland Secretary Hilary Benn has said.

Mr Benn met Irish deputy premier Micheal Martin at the British Irish intergovernmental conference at Farmleigh House in Dublin.

They talked about the controversial Legacy Act that was first introduced by the previous Conservative government which halted scores of civil cases and inquests into Troubles deaths.

Labour committed to repealing and replacing the Legacy Act but have kept the Independent Commission for Reconciliation and Information Recovery (ICRIR), which can investigate Troubles deaths on the request of bereaved families, victims and certain public authorities.

Last year, the Irish Government initiated an interstate legal case against the UK in the European Court of Human RightS, claiming the Act breaches the European Convention on Human Rights (ECHR).

The case remains active, with ministers in Dublin wanting to see how the Labour Government resolves its concerns over the contentious legislation before any decision is taken to withdraw the action.

Mr Martin said he and Mr Benn had a “serious discussion on the question of dealing with the past” and the Irish Government’s “continuing concerns” about the legislation.

A protester outside the Court of Appeal at the Royal Courts of Justice in Belfast
A protester outside the Court of Appeal at the Royal Courts of Justice in Belfast (Brian Lawless/PA)

“I heard from Hilary on his plans for reform and I appreciate fully that there are relevant ongoing legal cases also.

“We will continue to see if we can find adequate common ground and we are looking for mechanisms that would be human-rights compliant and that will secure the confidence of victims, survivors and families.”

Asked what the Irish people would “tangibly” feel in the reset of British-Irish relationships, Mr Benn referred to the new Government’s desire to have a “close relationship” with the EU and ongoing engagement in relation to legacy.

Mr Benn said: “We were all here on this platform opposed to the Legacy Act and we have come in committed to repeal and replace it, getting rid of immunity, restoring civil cases, restoring inquests, starting with those that were brought to an end.

“We have been discussing the role of the Independent Commission and how it can be reformed, because, in the end, we want to have a system that everyone can have confidence in, and can, in particular, finally, provide answers for many, many families that I have met since I took up post, who have been waiting decades to find out what happened to their loved ones, and I am committed to try and make this work.

“We have agreed between us – the Tanaiste and I – that we will continue to work together to find a way through on this and I think that is a very, very significant manifestation of the new relationship, because it is very different from what went before.”

He said: “There are real families behind the title, we call it legacy issues, but there are real families, real suffering and people who need to get closure and get information, and to get justice, and the Secretary of State has already initiated and announced a public inquiry into the (Pat) Finucane case – that’s all tangible manifestation of the reset of the relationship.”

Mr Benn said the pair “reflected on the reset in the relationship between the United Kingdom and the Irish government”.

He continued: “It’s really important to the Prime Minister Keir Starmer and to the new Labour government that we have a strong working relationship, and I think the spirit of the dialogue that has characterised today’s meeting of the conference is a reflection of that.

“It also reminds us that we make the greatest progress above all in Northern Ireland when the British Government and the Irish Government work together.”

Fianna Fail was the clear winner of last week’s General Election in Ireland, securing 48 of the Dail parliament’s 174 seats.

General Election Ireland 2024
(l to r) Helen McEntee, Hilary Benn, Fleur Anderson and Micheal Martin after speaking at the conference (Liam McBurney/PA)

“The Irish people have spoken, it is for the political system here in Ireland to agree a new government,” he said.

“All I will say is that the British Government looks forward to working closely with that new government when it’s formed in the spirit of renewed co-operation that I think has characterised the relationship between our two governments since we were elected on July 4.”

Irish Justice Minister Helen McEntee and Northern Ireland Office minister Fleur Anderson were also in attendance at the conference.

Speaking to reporters, Ms McEntee said they had discussed security co-operation including any “threat from so-called dissidents”, adding that the Irish Government would have “significant and close co-operation” with the Omagh bomb inquiry.

She said: “We’re working very closely with the inquiry to ensure that the appropriate structure is put in place so that sharing of information and also cross-examination on a cross-jurisdictional basis can take place while protecting individuals, but, above all, ensuring that the information is shared.”

Ms Anderson said that the transformation of public services in Northern Ireland and violence against women and girls were also discussed.

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