The UK Government's new Troubles Bill is set to provide effective protections for military veterans and establish a reformed Legacy Commission to address the legacy of Northern Ireland's past.
Key Provisions of the Bill
The proposed legislation, which replaces the previous government's controversial Legacy Act, will also restore a limited number of legacy inquests. The Government argues the Bill is necessary because the Legacy Act was "flawed and left our veterans without any lawful protection and exposed to a legal Wild West."
The Bill proposes "effective protections" for veterans who served in Northern Ireland during the Troubles, including ensuring they are "treated with dignity and respect" when approached for information. It would stop cold calls to veterans and requests for them to travel to Northern Ireland to give evidence. There is also a pledge for "no needless duplication of previous investigations."
Support for Bereaved Families
The Bill is described as providing "effective protections for veterans" while also enabling bereaved families, including those of service personnel, to get answers about what happened to their loved ones. This is to be supported by the "fullest possible disclosure" from the Republic of Ireland authorities for investigations conducted by the Legacy Commission.
The Government also pledged that "nobody receives immunity for terrorist crimes" and that the "strongest safeguards for veterans and all who served to bring about peace" will be put in place.
Background and Reforms
The 2023 Legacy Act halted scores of court cases, including inquests, concerning Troubles incidents, with a view to transferring them to the Independent Commission for Reconciliation and Information Recovery (ICRIR). Conditional immunity had been proposed for perpetrators of some Troubles crimes in exchange for co-operation with the ICRIR. Parts of the Act were found incompatible with human rights and undermined victims' rights in breach of the Windsor Framework.
The new Troubles Act will see a reformed Legacy Commission, reconstituted from the ICRIR, aimed at inspiring confidence among victims and families. It will have powers to investigate and fact-find for families affected by the Troubles across the UK, with new governance arrangements, a statutory victims and survivors advisory group, and new conflict of interest duties.
Information Retrieval
The Bill also proposes an Independent Commission on Information Retrieval (ICIR) jointly with the Irish Government, described as "consistent with the Stormont House Agreement." It will operate initially on a pilot basis to provide families with an additional means to retrieve information. Any information disclosed by individuals to the ICIR will be inadmissible in criminal and civil proceedings.
Ministerial Statement
Northern Ireland Secretary Hilary Benn said the Government is "committed to delivering the Troubles Bill to address the legacy of that terrible period of our history." He added: "It is the only viable way to generate confidence across communities, enable information sharing by the Irish authorities, and put in place safeguards for our former service personnel. This final chance to get legacy right has fallen to us in this Parliament, and we will deliver it."
