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People walking past a Loyalist paramilitary mural with masked men holding machine guns on the Newtownards road in Belfast, Northern Ireland. Alamy Stock Photo

New unit in gardaí as part of Troubles legacy deal between UK and Irish governments

Tánaiste Simon Harris unveiled the framework today alongside Northern Ireland Secretary Hilary Benn.

THE IRISH AND UK governments have published their long-awaited framework to deal with the legacy of Northern Ireland’s Troubles, which will establish a new dedicated Legacy Unit within An Garda Síochána.

The framework is designed to overhaul the 2023 UK Legacy Act introduced by the Conservatives, which was opposed by victims’ groups and political parties in Northern Ireland.

Northern Ireland Secretary Hilary Benn and Tánaiste Simon Harris published the new agreement today at Hillsborough Castle, Co Down.

Harris said the framework is designed to provide “routes to truth and accountability” for those most affected by the violence of the Troubles, by reforming the Legacy Act and the commission it established.

The Irish government will put €25m towards supporting the participation and representation of victims and families.

“The next step is implementation and delivery for families. Too many families have waited for too long for truth and accountability,” Harris said.

2023 Act

UK’s Labour came to power with a pledge to replace and repeal the controversial 2023 Legacy Act introduced by the Conservatives, which halted scores of civil cases and inquests into Troubles deaths.

The Irish government launched an interstate legal case against the UK claiming it breached the European Convention on Human Rights (ECHR).

The legislation created a new legacy body, the Independent Commission for Reconciliation and Information Recovery (ICRIR), to take over the investigation of all outstanding Troubles cases.

The Act also contained an offer of conditional immunity to some suspects, but this was disapplied after legal action by bereaved families.

The new framework is closer to the details of the Stormont House Agreement of 2014, which were never implemented.

Harris said: “The UK Legacy Act was unilaterally conceived, unilaterally drafted, and unilaterally implemented. Today is a step-change from that.”

“Agreement on the framework represents a welcome return to a partnership approach on Northern Ireland by the two governments. As co-guarantors of the Good Friday Agreement, that partnership is essential to progress peace and reconciliation on this island.”

Changes

The new framework will lift the prohibition on civil cases and restore inquests halted by the Legacy Act.

Harris said it will completely overhaul the independence and governance of ICRIR, renaming it the Legacy Commission and putting in place a statutory Independent Oversight Board, robust conflict of interest provisions, a Victims and Survivors Advisory Group and an independent appointments panel advising on senior appointments.

He said the Legacy Commission can carry out investigations, to UK-wide standards, capable of leading to prosecution and establish a new, judge-led inquisitorial mechanism, with public hearings and effective next-of-kin participation.

Finally, it will reform provisions on disclosure of sensitive information, removing the power of the Secretary of State for Northern Ireland to give guidance to the Legacy Commission about the identification of sensitive information

Both governments have carried out consultation with victims’ groups and families and will continue.

Harris said: “The Irish government made clear from the outset that any agreed joint approach to legacy by the two governments would need to meet two tests; compliance with the European Convention on Human Rights, and capable of securing the support of those most affected, especially the families of those killed”.

“I believe that this framework, faithfully implemented, can deliver on those two goals”.

British Armed forces minister Al Carns recently told the House of Commons that the Government would ensure that repealing the Legacy Act would not result in veterans being punished.

Speaking yesterday, Taoiseach Micheál Martin said there had not been “full agreement on all issues”.

With additional reporting from PA.

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