The Government has been challenged to say what it is doing to deal with Troubles’ legacy cases in its jurisdiction by DUP leader Jeffrey Donaldson.
He accused Dublin of “double standards” after it launched legal action over the Troubles Legacy Act.
Tánaiste Micheál Martin said on Wednesday that his Government would initiate an interstate case against the UK on the grounds that the provisions of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 are incompatible with the UK’s obligations under the European Convention on Human Rights.
Aspects of the laws, which received royal assent in September, include a limited form of immunity from prosecution for Troubles-related offences for those who co-operate with the new Independent Commission for Reconciliation and Information Recovery (ICRIR).
The DUP leader told the BBC: “I think there are double standards on the part of the Irish Government here and whilst I am strongly opposed to the Government’s amnesty plans, we voted against it, we spoke against it and we continue to oppose it, but I don’t think the Irish Government are in a very strong position to point the finger at the UK Government because the Irish Government have no proposals to deal with the legacy issues.
“No proposals to deal with the quite significant number of murders that were committed either in their jurisdiction or from their jurisdiction.
“For years effectively there has been a form of amnesty in the Irish Republic because they have not actively pursued those responsible for these crimes.”
Mr Donaldson said: “What I would like to see, and I said this to Micheal Martin last week, where are their proposals to deal with legacy?
“What are they going to do? Are they going to pursue criminal justice investigations into the murders committed in their jurisdiction, which include the murder of gardai, of Irish Army soldiers, of innocent civilians?
“And of course many UK citizens murdered in Northern Ireland as a result of actions carried out by the IRA using the Republic of Ireland as their base.”
He added: “I think it is difficult to see how this can improve relations between the UK Government and the Irish Government at this time.
“I think the UK Government would take a similar view to many who would look at what the Irish Government are doing and say where are your proposals? What are you going to do about legacy?”
Interstate case will strengthen challenge to shameful Legacy Act – @MaryLouMcDonald
“Victims and families have been stating from the outset that this cruel and shameful Act is a flagrant breach of international human rights law"https://t.co/mypPAeKw6S— Sinn Féin (@sinnfeinireland) December 20, 2023
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Sinn Féin leader Mary Lou McDonald backed the Irish Government’s legal challenge, describing the Legacy Act as “a flagrant breach of international human rights law”.
She said: “The British Tory Government rushed through this legislation despite the clear opposition and concerns raised by victims and families, all political parties, the Irish Government, the US, UN, the Council of Europe and human rights experts.
“It is a blatant attempt to shut the door on families’ efforts to achieve truth and justice through the courts and to give an amnesty to British state forces involved in the murder of, and serious human rights violations against, Irish citizens.
“Heartbroken families have been fighting for years, determined to get truth and justice for their loved ones. They should not have been forced to take individual legal actions against this Act, and this action by the Government will now complement these challenges.
“We will stand with those families as they challenge this cruel and cynical law, and as they continue to campaign with dignity and determination for truth and justice.”
SDLP leader Colum Eastwood said the Irish Government move was “utterly necessary”.
He said “no political party or institution on this island supports” the Act, describing it as “the most extreme legislation that shuts down access to justice for victims and survivors”.
“The British Government has clearly undermined the international treaty entered into as part of the Stormont House Agreement, they have fought political leaders from every party in the North and they have set themselves against the needs of victims and survivors,” he said.
“The inter-state case being taken by the Irish Government is both welcome and utterly necessary.
“If the British Government will not respect the treaties it enters into, respect international law or respect the basic tenets of justice then it must be challenged robustly.”
Ulster Unionist leader Doug Beattie said the move by the Irish Government was not surprising.
He said: “With an election year on the horizon they will have taken that opposition attack line off the table.
“This might sound cynical, but the reality is the Irish Government have done nothing to address the legacy of our past, they have refused to open parallel mechanisms or deal with the very real fact that Ireland was not an innocent bystander in the Troubles.”
He added: “Any interstate case will go through the courts and there will be an outcome at the end.
“But if both the United Kingdom Government and the Irish Government are not willing to fix the wrongs of the past then it will be the victims who suffer once again.”
