THE formal process required to repeal Britain’s controversial Legacy Act has begun.
Brought in by the Conservative government, the Act introduced a ban on inquests and civil actions related to Troubles-era crimes.
It also saw those who co-operate with the newly established Independent Commission for Reconciliation & Information Recovery (ICRIR) granted immunity from prosecution over offences committed during that time.
Despite the legislation being criticised by the leaders of all political parties in Northern Ireland and in the Republic, as well as the UN Human Rights Committee, the law came into effect under the Conservatives in May of this year.
Labour pledged to repeal the Act if they won the general election in July and this month, they have begun that process.
On December 4, Northern Ireland Secretary Hilary Benn laid a “remedial order” in the House of Commons to formally remove the conditional immunity clause from the Act and the ban on new civil actions.
He also confirmed he would introduce legislation to lift the ban on inquests.
“Too many families I have met have had to wait too long to find out what happened to their loved ones,” he told the House.
“I have found it difficult to listen to their stories about the brutality of the killings, the way some of them were treated afterwards and the passing of the years without finding answers.
“The approach taken to legacy by the last Government was wrong,” he added.
“And aspects of the Legacy Act have now been found by the Courts to be incompatible with our obligations under the European Convention on Human Rights.
“This must be remedied, and the Government is committed to repeal and replace the legislation, as set out in our manifesto.
“I am today laying a Remedial Order under the Human Rights Act to take the first steps to honour that commitment.”
However Sinn Féin MP John Finucane claims the Northern Ireland Secretary has not gone far enough to ensure “repeal as people understood it when Labour first made that commitment prior to the election”.
He added that he would be “slow to describe this as repeal in the way in which it was described by Keir Starmer when he spoke in Belfast”, adding that there was a “very staged and deliberately slow process around inquests”.
Mr Finucane said Mr Benn’s plans to consult on new laws meant that some families “who have been waiting 50 years for an inquest… are hearing that ‘there needs to be further delay'”.