Tuesday, September 19, 2023

Troubled Bill

From the BBC:

“Troubles legacy bill enters law after receiving Royal Assent”

The government's controversial Troubles legacy bill has received Royal Assent and entered into law. The legislation offers a conditional amnesty to those accused of killings during the Troubles. It will also stop any new Troubles-era court cases and inquests being held.

Opponents, including victims groups and Stormont parties, have argued it will remove access to justice. The bill is also set to face at least 11 separate legal challenges.

On Tuesday evening, a Belfast law firm said it had lodged judicial review proceedings in the city's High Court on behalf of four clients challenging the lawfulness of the bill. The government has argued that the bill is an attempt to draw a line under the events of the past. Northern Ireland Secretary Chris Heaton-Harris said the Royal Assent marks a "significant milestone as the government aims to deliver on our pledge to deliver better outcomes for those most affected by the Troubles, while helping society to look forward". He added that the bill offers "a real opportunity to deliver greater information, accountability and acknowledgement to victims and families, moving away from established mechanisms that have left far too many empty-handed".

The legislation will lead to the establishment of an Independent Commission for Reconciliation and Information Recovery (ICRIR). The aim of this new organisation is to help families find out more about the circumstances of how their loved ones were killed or seriously injured. Self-confessed perpetrators who provide a truthful account of their actions to the ICRIR can be granted immunity from prosecution. Mr Heaton-Harris said the commission is part of a move to "build a legacy process founded on integrity, expertise and fairness". While some - such as the Northern Ireland Veterans Movement - support the bill, it has faced fierce opposition in Northern Ireland.

All main Northern Ireland political parties and victims groups oppose the new law.

What is the Northern Ireland Legacy Bill? DUP assembly member Emma Little-Pengelly said the bill "plays into the hands of those who want to airbrush the past". Sinn Féin MP John Finucane, whose father was shot dead by loyalist gunmen, described the bill as devastating for families, adding it would unilaterally close the door on them getting truth and justice. Kenny Donaldson, of the victims group South East Fermanagh Foundation (SEFF), said the passing of the bill was the result of a "flawed process" that "departed from the basic principles of natural democracy". "The bill passed is not the bill for and of victims and survivors, it is a bill crafted to protect the interests of perpetrators, from whatever background they happen to originate," he said. The Irish government has said it is continuing to wait for legal advice to inform whether it takes a challenge against the bill. "I expect we will see that advice soon and then, at that point, the government will make a decision," Irish government minister Paschal Donohoe said. "We believe that the process of healing and reconciliation within Northern Ireland is one that needs to continue and to be supported and we're very concerned about the impact that legislation could have on that process." In his statement, Mr Heaton-Harris said he hoped the Irish government and others can join the government in supporting the ICRIR.

What is the background to the bill? The Northern Ireland Troubles (Legacy and Reconciliation) Bill was first announced in July 2021 by the then-prime minister, Boris Johnson. Mr Johnson said the proposals would allow Northern Ireland to "draw a line under the Troubles". In effect, the legislation would ban any new prosecutions for Troubles-related crimes and prevent victims' families from seeking fresh inquests or taking legal challenges. The Conservative government argued that the passage of time had made the prospect of future convictions very unlikely. It was also facing pressure from its own backbenchers who were opposed to Army veterans being prosecuted over Troubles-era incidents. Several families of victims of the Troubles have also condemned the legislation. More than 1,000 killings from the Troubles have never been solved.

^ This is just plain wrong.

 It is a huge “slap in the face” to the 3,532 who were killed in The Troubles as well as to the 47,500 who were wounded from 1968-1998. ^

https://www.bbc.com/news/uk-northern-ireland-66853499

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