CAJ submission to the Northern Ireland Affairs Committee (NIAC) Inquiry on the Government’s new approach to addressing the legacy of the past in Northern Ireland
Published:
February 14, 2025
The UK Government announced its next steps to ‘repeal and replace’ the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 and tackle legacy issues in Northern Ireland. This follows the declarations of ECHR incompatibility in challenges to the Legacy Act in the Hight Court in Re Dillon and Others [2024] NIKB 11 (February 2024) and Court of Appeal [2024] NICA 59 (September 2024). This document is a response to the Northern Ireland Affairs Committee call for evidence on the Government’s new approach to addressing the legacy of the past in Northern Ireland.
Summary
- CAJ provides an in-depth analysis of legacy inquests and the reform of the Independent Commission for Reconciliation and Information Recovery (ICRIR), emphasising the need for substantial changes to ensure compliance with the European Convention on Human Rights (ECHR) and restore public trust.
- One major concern highlighted in the evidence is the closure of 38 legacy inquests in May 2024, many of which had not reached the findings stage. The government’s decision to appeal a ruling by the Northern Ireland Court of Appeal, which found the Legacy Act’s ban on Troubles-related inquests incompatible with the ECHR, has further exacerbated concerns. CAJ critiques the proposal for “Enhanced Inquisitorial Proceedings,” a model meant to replace inquests within the ICRIR, arguing that it lacks judicial independence, denies families legal representation, and grants government ministers the power to redact sensitive information.
- The CAJ report on ICRIR reform outlines that only a comprehensive “root and branch” transformation could render the institution viable. This would require a complete overhaul of its legal framework, leadership, and operational structure to ensure impartiality and human rights compliance. The report recommends adopting elements from the Stormont House Agreement, such as independent appointments, unqualified powers of disclosure, and a removal of the “national security veto,” which currently allows ministers to suppress information. CAJ also stresses that simply amending the ICRIR within the existing Legacy Act framework would be insufficient to regain public confidence.
- The evidence further critiques the intent behind the creation of the ICRIR, suggesting that it was designed to replace proper investigations with superficial “reviews.” Documents revealed in legal challenges indicate that the previous UK government sought to limit investigations, particularly those involving military veterans. The ICRIR’s discretionary review process, which does not guarantee full ECHR-compliant investigations, has led to concerns that families will be pushed towards less rigorous examinations of past incidents rather than genuine truth-seeking.
- International scrutiny of the Legacy Act has been significant, with the UN and Council of Europe expressing concerns over its compatibility with human rights obligations. The CAJ highlights findings from the International Expert Panel on State Impunity, which concluded that the UK had operated a systematic policy of impunity regarding the Troubles. The panel recommended repealing the Legacy Act entirely and replacing it with a more robust “Stormont House+” model, which would include a strong investigative body and international oversight to ensure compliance with human rights standards.
- Ultimately, CAJ’s evidence urges the UK government to abandon the Legacy Act’s flawed framework and establish a truly independent, rights-compliant mechanism for addressing past violations. The report recommends adopting a legislative model based on the Stormont House Agreement, ensuring proper investigations rather than superficial reviews, and introducing an independent oversight structure. Without such changes, the existing approach risks further undermining victims’ rights, damaging the UK’s international reputation, and entrenching a legacy of impunity rather than reconciliation.
Read the full submission here.