The Government is to initiate an inter-State case against the UK over controversial legislation concerning legacy prosecutions connected to the Troubles in Northern Ireland.
The UK government's Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 has been widely opposed by political parties in both the North and the Republic, as well as representative groups for Troubles victims.
The Bill offers an immunity from prosecution for those involved in Troubles-related offences if they co-operate with the UK's new Independent Commission for Reconciliation and Information Recovery (ICRIR). The Bill will halt future civil cases and inquests.
A number of challenges against the legislation have already been launched in the North.
Confirming the Government's decision on Thursday afternoon, Tánaiste Micheál Martin said the Government's case is based on the belief that provisions in the Troubles legacy Bill are incompatible with the European Convention on Human Rights (ECHR), of which the UK is a signatory.
"This decision was taken after much thought and careful consideration. I regret that we find ourselves in a position where such a choice had to be made," the Minister for Foreign Affairs said.
"However, the decision by the British Government not to proceed with the 2014 Stormont House Agreement and instead pursue legislation unilaterally, without effective engagement with the legitimate concerns that we, and many others, raised left us with few options.
"The British government removed the political option, and has left us only this legal avenue," he added.
Mr Martin said the incorporation of the ECHR into the North's laws is a "specific and fundamental requirement of the Good Friday Agreement".
He noted the Government is not alone is its concern over the Bill, adding: "Serious reservations about this legislation have also been raised by a number of international observers, including the Council of Europe’s Commissioner for Human Rights and the UN High Commissioner for Human Rights.
"Most importantly, this legislation is opposed by people in Northern Ireland, especially the victims and families who will be most directly impacted by this Act."
The Tánaiste said there are concerns provisions of the legislation will "shut down existing avenues to truth and justice for historic cases", adding that the ICRIR is not a suitable substitute for police investigations, "carried out independently, adequately, and with sufficient participation of next of kin".
"The British government enacted this legislation on 18 September 2023, shutting off any possibility of political resolution.
"We now find ourselves in a space where our only recourse is to pursue a legal path. It is important to leave the next steps to the Court," Mr Martin said.
