The House of Commons votes for immunity bill as Northern Irish citizens face uncertainty about the future of the six counties.
Time for Truth and Justice campaigners protest the Legacy and Reconciliation Bill outside the Northern Ireland Office at Erskine House in Belfast.[1]
Parliament recently passed the controversial Northern Ireland Troubles Act ("Legacy and Reconciliation Act"), commonly referred to as the Legacy Act, and the timing could not be worse for citizens of Northern Ireland (NI). The Legacy Act raises questions as to the future of the already shaky peace in NI, the landmark Belfast Agreement, and the potential for another referendum on Irish unity, as the UK continues to push on the still-fresh wounds of the Troubles. The Troubles marked a time in the history of Northern Ireland categorized by extreme violence between opposing paramilitary groups and British military and police forces. The conflict officially ended in 1998 with the passing of the Belfast Agreement by vote of the general population.
The core principles of the meticulously negotiated agreement include an open border with the Republic of Ireland, avenues through which victims can seek justice, equitable distribution of power, and oversight mechanisms to ensure preservation of rights for all citizens.[2] The agreement establishes the European Convention on Human Rights ("ECHR") as the foundation of Northern Irish law and gives authority to the European Court of Human Rights ("ECtHR") to overturn legislation inconsistent with the ECHR.[3] The ECtHR can also hear cases brought forward by any party regarding a violation of the Belfast Agreement or violations of the ECHR itself.[4] In the quarter century since the agreement took effect, the violence in NI has decreased considerably and the primary paramilitary groups involved have officially disbanded.
On its face, the Legacy Act promotes reconciliation in NI after the Troubles, but a deeper aspect of immunity has been the epicenter of the Act’s controversy. The Act grants immunity to perpetrators of violence committed during the Troubles, so long as the perpetrators actively and honestly participate in the Independent Commission for Reconciliation and Information Recovery ("ICRIR").[5] The ICRIR collects information regarding the crimes and provides that information to victims and their families.[6] The commission has the power to grant immunity in both criminal and civil court for the offenses included in the truth reports, even if the information the perpetrator provides is already in the public domain.[7]
All major political parties in NI and the Irish government agree that the bill, specifically the issue of immunity, is the wrong way to approach legacy issues.[8] This kind of political consensus is unheard of in NI, whose devolved executive has been shut down for almost 40% of its existence due to bitter political rivalry.[9] Families of victims are bringing a case to the ECtHR challenging the legality of the Legacy Act on human rights grounds.[10] The Irish government has also expressed its interest in a lawsuit against the UK government in the ECtHR.[11] In part, because of these lawsuits, there have been motions by conservative Members of Parliament to denounce the authority of the ECtHR altogether.[12] Denouncing the ECtHR would jeopardize the Belfast Agreement and the tenuous peace it has established.
Widespread dissatisfaction with the Legacy Act raises yet again the potential for a referendum on Irish unity. This enduring question resurfaced in the wake of Brexit, which was incredibly unpopular in NI due to uncertainty about its effect on the Belfast Agreement.[13] The most recent election revealed a shift in political feelings across NI, as pro-Irish unity Sinn Fein became the majority party in NI for the first time since the devolved government was established.[14] The Democratic Unionist Party, known for its staunch loyalty to the UK, has also expressed dissatisfaction with the UK’s approach to issues in NI .[15] With growing concerns about UK policies among Loyalists, passing the Legacy Act despite known opposition is a surprising move by Parliament.
Because of the interconnection of the two countries and their shared alliances, the implications of another border dispute would put the EU, the UK, and their allies in a precarious position. A referendum could open the door to sectarian violence and regional instability, but with policies that consistently disregard the desire of the Northern Irish people, the UK could be forcing its hand.
[1] Claudia Savage, Six Families Launch Legal Challenge to NI Legacy Bill, Independent (Sept. 15, 2023), https://www.independent.co.uk/news/uk/european-court-of-human-rights-bill-stormont-high-court-irish-b2412411.html.
[2] Northern Ireland Peace Agreement (The Good Friday Agreement), April 10, 1998 https://peacemaker.un.org/sites/peacemaker.un.org/files/IE%20GB_980410_Northern%20Ireland%20Agreement.pdf. [3] Id. [4] Id. [5] Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (c. 41). [6] Id. [7] Id. [8] Jude Webber, Ireland Seeks Legal Advice on Court Action Against UK’s “Troubles” Legacy Bill, Financial Times (Sept. 3, 2023), https://www.ft.com/content/32acbfb9-75a8-4969-8315-a3e57e10221b . [9] Jude Webber, Mounting Instability in Northern Ireland Drives Call for Reform of Good Friday Agreement, Financial Times (Sept. 14, 2023), https://www.ft.com/content/4bb65017-7e5f-448f-ba92-28c12ca380f4. [10] Savage, supra note 1. [11] Webber, supra note 8. [12] Id. [13] Lauren Turner & Chris Mason, Northern Ireland Protocol: New Brexit Deal “Inching Towards Conclusion”, BBC News (Feb. 25, 2023), https://www.bbc.com/news/uk-politics-64773113. [14] Webber, supra note 9. [15] Northern Ireland Troubles: Controversy legacy bill passes through Commons, BBC News (Sept. 6, 2023), https://www.bbc.com/news/uk-northern-ireland-66720994.
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