A SINN FEIN MP has warned that the British Supreme Court’s upholding of a much criticised law offering immunity to some perpetrators of Troubles crimes has caused “genuine concern among the families” of the victims.
On Thursday, the court ruled that Britain’s Legacy Act “is fully equipped to deliver human rights-compliant” investigations.
The Act was introduced by the previous Conservative government and offered conditional immunity for perpetrators in exchange for co-operation with a new body, the Independent Commission for Reconciliation & Information Recovery (ICRIR), which would oversee investigations.
Britain’s Labour government has since introduced a new Bill to Parliament to overhaul the Act, with MPs already voting to repeal the conditional immunity provision and scrap a bar on future legacy compensation cases as the new Bill is still being debated.
Northern Ireland’s high court and court of appeal had both previously found that parts of the Legacy Act were incompatible with human rights and also undermined the rights of victims in breach of the Windsor Framework, which was signed following Britain leaving the EU.
Despite efforts to change the law, Britain’s Northern Ireland Office still took the case to the Supreme Court over the application of the Windsor Framework, telling a hearing in October that the issue was “constitutionally profound.”
In Thursday’s ruling, five Supreme Court justices unanimously allowed the government’s challenge.
A UK government spokesperson said the ruling “has confirmed that the ICRIR is fully equipped to deliver human rights-compliant investigations, and reaffirms the government’s position on the interpretation and application of Article 2 of the Windsor Framework.”
But Sinn Fein MP John Finucane said the judgement will cause genuine concern among families who believed the Windsor Framework would safeguard their rights.
“Families will be particularly disappointed that the Supreme Court has overturned the earlier Court of Appeal ruling, which had upheld important protections relating to legacy and the rights of victims.
“The British government’s cynical handling of legacy issues — including its prioritisation of the interests of state forces over victims and families — has undermined confidence in current legacy mechanisms and deepened hurt.”
“To command the confidence of families, any legacy process must be independent, human rights compliant and free from political interference or the misuse of national security restrictions.
“The rights of families to truth and justice do not disappear because of one legal judgement, and their voices must continue to be heard.”
Ireland’s Taoiseach Micheal Martin told reporters in Belfast on Thursday that his thoughts are with the victims who took the case because “behind every legacy case there is a family, there is suffering, and there are those who have been impacted in the most grievous of ways.”
He said he had not had an opportunity to examine the “lengthy judgement” but said: “We will examine this very carefully.”



