Government should take UK to European court over Troubles immunity law, Amnesty says

The Government must take the UK government to the European Court of Human Rights if its proposed legacy legislation becomes law, Amnesty International has told an Oireachtas committee.

“The Irish Government should commit to an interstate challenge if the British government continues with this unilateral action,” Gráinne Teggart told the Joint Committee on the Implementation of the Good Friday Agreement on Thursday.

She said a “firm commitment” and a “marker” should be put down, “preferably publicly”, that this was the action the Government would take.

She also called on the UK prime minister to take action to halt the legislation, saying: “It is not too late for Rishi Sunak to do the right thing and vindicate rights rather than remove them.”

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The Northern Ireland Troubles (Legacy and Reconciliation) Bill is due to receive its second reading in the House of Lords shortly, and is expected to become law next year.

It will create a new truth recovery body – the Independent Commission for Reconciliation and Information Recovery (ICRIR) – which will offer immunity from prosecution to perpetrators who co-operate with its inquiries.

It will take over responsibility for all Troubles inquiries and other avenues of criminal and civil investigation and inquests will be closed down.

The plans have been widely condemned, including by the North’s five main political parties, victims and human rights groups, the Irish Government and other parties in Ireland and in Britain. It is supported by veterans’ groups.

Michael O’Hare, whose 12-year-old sister Majella was shot dead by a British soldier while on her way to Mass in Co Armagh in 1976, and Eugene Reavey, brother of John Martin, Brian and Anthony, who were killed by the notorious Glenanne gang the same year, also gave evidence to the committee.

“I hope sincerely that the Irish Government will do everything in its power to challenge this Bill at every opportunity,” Mr O’Hare said.

“People who kill should be subject to the law, and it’s important that victims are listened to. It’s simply wrong that the UK government is ignoring opposition to these plans.”

Mr Reavey said that if the Bill became law, his hope was that “the Irish Government will stand by its citizens” in south Armagh.

The committee chair, Fine Gael TD Fergus O’Dowd, commended the “powerful evidence” from both men and said it was “an issue which we fully support here as a committee, that this legislation should not proceed”.

Speaking in the House of Commons on Wednesday, the Northern Secretary, Chris Heaton-Harris, said he was “going to make changes” to the Bill.

“We recognise that the Bill is difficult for many and continue to engage with stakeholders … regarding their concerns and how we can address them as the Bill proceeds through parliament.

“There is no perfect solution to this issue, and we are committed to a way forward that deals with Northern Ireland’s troubled past as comprehensively and fairly as we possibly can,” he said.

Asked about the Northern Secretary’s comments, Ms Teggart said she was unconvinced and the Bill should be scrapped rather than changed.