Statement by the Secretary of State for Northern Ireland on Legacy of Conflict in Northern Ireland (04 12 2204) Response of KRW LAW

The 1st of May 2024 was a difficult day for the many families of the Conflict bereaved when the Tory Government’s toxic Legacy Act took full effect. It shut down access to the courts for civil cases and inquests as well as stopping criminal and police ombudsman investigations.

We had the uncomfortable task of informing many families how their cases were now badly affected, or worse still in some cases, completely finished. Specifically, the draconian impact of the legislation meant that 77 Troubles-related High court writs issued on 17/5/22 were most likely null and void. Furthermore, other civil cases issued after this date together with unfinished inquests all fell by the wayside.

Last night’s announcement by the Secretary of State that he will lay a remedial order to honour Labour’s commitment to amending the legislation in line with the judgment from the Court of Appeal is really positive news. It helps reset the dial on legacy and allows many survivors’ and victims’ families who otherwise were blocked from accessing the courts to have their cases heard. Whilst some of the issues around inquests remain opaque the clear pronouncement on their reinstatement will be uplifting news to many affected families including those bereaved in the McGurks Bar and New Lodge Six murders from the early 1970s.

This morning and over the coming days we have the welcome task of contacting over 100 clients to let them know their cases will continue. As a matter of urgency, we will engage with the Crown Solicitor’s Office on currently pended civil actions and seek to have the current stay on actions lifted, allowing cases to proceed as quickly as possible. The previous Government’s insistence upon blocking access to the Courts created a hiatus over the last 2 years that only served to stall cases and resulted in a lot of lost ground to make up but at least yesterday news presents us with a welcome problem.

Unfortunately, it comes too late for some who sadly are no longer with us, but the announcement does helpfully recalibrate prospective legal action linked to many different atrocities. For example, in February 2022 the Police Ombudsman released its Operation Achille Report in relation to allegations of State – Loyalist collusion in South Belfast in the late 1980s/ early 1990s. However, the ability of some affected families to take civil remedies based on the Report’s findings was curtailed by the cynical imposition of a cutoff date in May 2022. The impossibly narrow 3-month window meant they were denied the chance to issue proceedings, a depressing experience which was replicated elsewhere.

However, the largely positive outworkings of Hilary Benn’s statement on civil cases and inquests is undermined with the retention of a State veto on matters of “National security “. With this remedial order, the Secretary of State proposes to largely repeal and/or modify those parts of the Act which the High Court and Court of Appeal found to be incompatible with the European Convention on Human Rights, while continuing to defend some of the most concerning elements of legacy litigation, such as the opaque processes surrounding information relating to national security.