Troubles legacy Bill changes fail to allay human rights concerns, Council of Europe says

Bill’s proposals include creation of a truth recovery body to offer immunity from prosecution to perpetrators who co-operate

Amendments to controversial UK legislation to deal with the legacy of the North’s Troubles “do not sufficiently allay” European human rights concerns, the Council of Europe has said.

In decisions by the council’s committee of ministers, published on Friday, the body said it was “crucial” the legislation was “in full compliance with the European Convention [on human rights] and will enable effective investigations into all outstanding cases”.

It called on the UK government to amend the Bill to allay these concerns by addressing key issues, including around the impartiality of the new truth recovery body, plans to terminate pending inquests, and “strongly reiterated” previous calls to reconsider the scheme which would give conditional immunity to perpetrators.

The body also “underlined again the importance for the success of any new investigative body, particularly if aimed at achieving truth and reconciliation, of gaining the confidence of victims, families of victims and potential witnesses”.

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The Northern Ireland Troubles (Legacy and Reconciliation) Bill is due to become law later this year.

Its proposals include the creation of 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, take over responsibility for all Troubles inquiries, and end criminal and civil investigations and inquests.

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

In December, the council’s commissioner for human rights, Dunja Mijatović, called on the UK government to consider withdrawing the legislation and said there were “serious concerns about its compliance with international human rights standards”.

In January, the UK government announced a number of minor alterations to the legislation, which the Northern secretary, Chris Heaton-Harris, said reflected the “extensive engagement that has taken place, and demonstrates the [UK] government’s commitment to working with all interested parties regarding their concerns, and how these might be addressed”.

On Friday, the council also published decisions relating to the murder of Belfast lawyer Pat Finucane, who was shot dead by loyalist paramilitaries in 1989.

It noted the High Court judgment in December which declared there still had not been an article 2-compliant inquiry into his death and “exhorted the authorities to provide their full and clear response to the Supreme Court judgment including a decision on the measures they intend to take as soon as possible.”

In a statement, a spokesperson for the Northern Ireland Office said the Bill would establish an independent truth recovery body “to conduct reviews into Troubles-related deaths and serious injury, with the primary objective of providing information to families, and victims and survivors.

“The Commission will have all the necessary powers to conduct criminal investigations as part of any review, in order to comply with the Government’s international obligations under the ECHR.

“The [UK] Government has tabled a number of amendments during committee stage in the House of Lords that seek to address a number of key issues raised by stakeholders.

“We will continue to engage constructively with all interested parties, and to carefully consider how their concerns might be addressed as the Bill proceeds through Parliament.

“The UK Government is determined to deliver better outcomes for those most affected by the Troubles, while helping society to look forward,” the spokesperson said.

Freya McClements

Freya McClements

Freya McClements is Northern Editor of The Irish Times