Government wins legacy case at UK Supreme Court

Key developments are emerging from the global stage. Government wins legacy case at UK Supreme CourtJust now Share Save Add as preferred on GoogleJulian O'NeillCrime and justice correspondent, News NIBBCJudges in London ruled parts of the 2023 Legacy Act did not lead to victims' rights being diminishedThe UK Supreme Court has allowed a government appeal in a major Troubles legacy case, in a decision which victims' campaigners have branded "a bitter blow". Judges in London ruled parts of the 2023 Legacy Act did not lead to victims' rights being diminished. A Northern Ireland Office (NIO) spokesman welcomed the decision.

The 2023 Legacy Act was introduced by the previous Conservative government and offered conditional immunity for perpetrators of some Troubles crimes in exchange for co-operation with a new body, the Independent Commission for Reconciliation and Information Recovery (ICRIR). The Labour Government has since introduced a new bill in parliament, with MPs already having voted to repeal the conditional immunity provision. Northern Ireland's High Court and the Northern Ireland Court of Appeal (NICA) had both previously found that parts of the Act were incompatible with human rights and also undermined the rights of victims in breach of the Windsor Framework, which was signed following the UK's leaving the EU.

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In 2024, the NICA ruled the government had too much veto power over the disclosure of material by the ICRIR to bereaved families. But the five Supreme Court judges said the Northern Ireland Secretary's power to decide whether disclosure would pose a risk to national security was "not unrestrained, nor is it the 'final say'. "They went on: "The Secretary of State's powers do not mean that the Commission will lack independence in disclosing sensitive information to the next of kin, victims and the public".

Despite plans to change the law, the Northern Ireland Office still took the case to the Supreme Court over the application of the Windsor Framework, telling a hearing last October that the issue was "constitutionally profound". 'We welcome the clarity provided today'In a 77-page ruling on Thursday, judges unanimously allowed the Government's challenge. In a statement, the NIO said: "We welcome the clarity provided today by the Supreme Court, which has confirmed that the ICRIR is fully equipped to deliver human rights-compliant investigations, and reaffirms the Government's position on the interpretation and application of Article 2 of the Windsor Framework.

"Today's judgment also shows that the government was right to address the main flaw in the Legacy Act - namely conditional immunity. "The scheme, which never came into force, was wrong in principle, lacked public confidence, and has been repeatedly rejected by the courts. "While the question of immunity was not before the Supreme Court, the Court went out of its way to refute the main argument put forward for it.

The development has drawn wide international attention, with diplomatic circles watching closely.