Hilary Benn lays order to ‘repeal and replace’ elements of Legacy Act but insists ICRIR stays
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00:00Addressing the legacy of the Troubles was one of the aims of the Good Friday Agreement,
00:05but this task remains incomplete. Too many families I have met have had to wait too long
00:13to find out what happened to their loved ones. I have found it difficult to listen to their
00:18stories about the brutality of the killings, the way some of them were treated afterwards
00:25and the passing of the years without finding answers.
00:30The approach taken to legacy by the last Government was wrong. It was rejected by the Northern
00:38Ireland Political Party's victims groups, the Irish Government, and opposed by the Labour
00:42Party when we were in opposition. And aspects of the Legacy Act have now been found by the
00:51courts to be incompatible with our obligations under the European Convention on Human Rights.
00:58This must be remedied, and the Government are committed to repeal and replace the legislation
01:05as set out in our manifesto.
01:08I am today laying a remedial order under the Human Rights Act to take the first steps to
01:14honour that commitment. Specifically, the order will, if adopted by Parliament, remove
01:22all provisions from the Act relating to the immunity scheme, which, let it not be forgotten,
01:30would have enabled any of those who perpetrated the most appalling terrorist crimes to seek
01:39immunity from prosecution from the Independent Commission for Reconciliation and Information
01:45Recovery. Although, as many victims' families recognise, with the passage of time the prospect
01:54of successful prosecutions is increasingly unlikely.
02:00The order will also enable all civil proceedings that were prohibited by the Legacy Act, including
02:08future cases, to proceed. This means that individuals will once again be able to bring
02:15troubles-related cases to the civil courts, a basic right denied them by the Legacy Act.
02:25In addition to laying this remedial order, I can also announce today that I will introduce
02:30primary legislation when parliamentary time allows. This legislation will implement our
02:37promise to restore inquests, starting with those that were previously halted by the Legacy
02:43Act. It will also, in direct response to the Northern Ireland Court of Appeals findings,
02:51amend the disclosure regime so that it is fair, transparent and, crucially, allows for
02:58the greatest possible disclosure of information, following very closely the model for statutory
03:05inquiries and other established processes.
03:10We will also ensure that, in specific circumstances, namely in cases that are unable to proceed
03:16as an inquest, the Independent Commission is able to hold public hearings, take sworn
03:23evidence from individuals and ensure families have effective representation. While the courts
03:31have found the Commission to be sufficiently independent to conduct Article 2 compliant
03:38investigations, the confidence of families in its work is paramount, so we will make
03:46further changes to reform and strengthen the Commission's independence, powers and accountability.
03:53As part of this work, we will consider provisions previously included in the draft Stormont
04:00House Agreement legislation, as well as learning from the experience of Operation Kenova.
04:08The steps I am outlining today seek to correct the mistakes of the previous Government's
04:14approach, ensure compliance with the ECHR and deliver on what this Government have promised
04:19– the removal of conditional immunity, the reinstatement of Legacy inquests halted by
04:25the Act, restoring civil cases and reforming ECHR, while enabling it to continue working
04:33on behalf of the growing number of families who have already sought its help.
04:39The many conversations I have had with interested parties in recent months have been invaluable
04:45in the development of this approach. I will now undertake further discussions on specific
04:50measures to be included in primary legislation so that, together with the remedial order,
04:56the Government fulfil their commitment to repeal and replace the Legacy Act. This will
05:01include families, victims and survivors groups, Northern Ireland parties, civil society and
05:07the veterans community, recognising the dedicated service of the vast majority of police officers,
05:15members of the armed forces and the security services who did so much to keep the people
05:21of Northern Ireland safe during the troubles. I want to take the opportunity to reassure
05:27the House that, as a Government, we are committed to ensuring that veterans receive the right
05:34welfare and, where appropriate, legal support. I will, of course, also continue to have detailed
05:42discussions with the Irish Government, who, as co-guarantors of the Good Friday agreement,
05:47are an essential partner in this process. I hope that the UK and Irish Governments will
05:54be able to agree a way forward that is underpinned by the principles set out in the Stormont
06:00House agreement.
06:02I am sure that everyone recognises that, as time passes and families get older, we need
06:08to get on with enabling them to obtain the information, accountability and acknowledgement
06:14that they have long sought.