The British and Irish governments are to announce a new framework to deal with the legacy of Northern Ireland’s Troubles in an effort to resolve an issue that has bedevilled politics in the region and relations between London and Dublin.
The proposals, to be outlined on Friday afternoon, threaten to reopen a rift between the government and former troops who got amnesty from prosecution under the Legacy Act, passed by the Conservative government in 2023.
They have already been criticised by Richard Dannatt, the former chief of general staff of the British army, who said it would be unacceptable to launch what he considered “vexatious” investigations against elderly soldiers for events in the 1970s.
Hilary Benn, the Northern Ireland secretary, and Simon Harris, Ireland’s foreign minister, are to publish the long-awaited proposals after a year of negotiations to overhaul the controversial Legacy Act.
Harris described the proposals on Friday as “a night and day improvement” on the Legacy Act, but a rare interstate lawsuit launched by Ireland against the UK is expected to remain pending until new legislation is passed.
Nor will the new “partnership” mood between the two governments extend to the Irish government dropping its call for a public inquiry into the alleged murder of the Gaelic Athletic Association official Sean Brown by loyalist paramilitaries.
The framework will outline legislation that both sides will need to pass to create a reformed agency tasked with investigating Troubles-era crimes.
The joint proposals reflect a reset in relations between Dublin and London after years of toxicity from Brexit and legacy-related disputes during successive Conservative administrations.
Intense behind-the-scenes talks between officials, and a meeting last week between Keir Starmer and the taoiseach, Micheál Martin, paved the way to the framework that Benn and Harris are to announce at Hillsborough Castle in County Down.
It will convert the independent commission for reconciliation and information recovery (ICRIR), which was established by the Legacy Act, into a new legacy commission with what are expected to be greater powers to investigate Troubles-era crimes. A separate agency will provide information retrieval to families seeking details about relatives’ deaths.
The Irish government wants the legacy commission to be compliant with the European convention on human rights. Dublin has a pending inter-state case against the UK at the European court of human rights that states the Legacy Act breached the convention by halting inquests, civil cases and criminal prosecutions. Officials indicated that Dublin would continue the case until the framework advanced towards legislation.
Dublin has emphasised the need to win the confidence of victims’ groups that seek truth and justice for killings during the 30-year conflict. Many opposed the previous legacy dispensation because it offered amnesty to combatants and all but extinguished any hope of prosecutions.
The British government also wants the endorsement of victims’ groups but is under pressure from army veterans’ groups and their allies to shield former soldiers from prosecutions that some have depicted as witch-hunts.
Although the full details will not be revealed until Friday afternoon, the move away from the Legacy Act is expected to be fought by veterans who could face prosecution over alleged murders in the 1970s during the Troubles.
Lord Dannatt told BBC Radio 4’s Today programme on Friday it was “unacceptable that 30, 40, 50 years later former soldiers in their 60s, 70s, and possibly their 80s, are being taken back to events that happened in the 70s”.
He said it “defied logic” that evidence that “could not be adduced” back then could be produced now.
skip past newsletter promotion
Sign up to This is Europe
The most pressing stories and debates for Europeans – from identity to economics to the environment
Privacy Notice: Newsletters may contain information about charities, online ads, and content funded by outside parties. If you do not have an account, we will create a guest account for you on theguardian.com to send you this newsletter. You can complete full registration at any time. For more information about how we use your data see our Privacy Policy. We use Google reCaptcha to protect our website and the Google Privacy Policy and Terms of Service apply.
after newsletter promotion
Dannatt said though the Legacy Act was politically unpopular, it worked for veterans. “Although it was unpopular with all political parties in Northern Ireland, it did benefit military veterans in many ways. So what I would look to see is reassurance with the new arrangements that we’re not going to see a return to, I think, what can be fairly called vexatious investigations,”
Mark Thompson, the chief executive of Relatives for Justice, told Radio 4 he had an issue with Dannatt’s claims that investigations would be “vexatious”.
“What people need to understand in the UK is that, I would say almost 400 killings by the British soldiers, the majority were carried out against unarmed civilians, men and women and children, to which there was never any investigation. Indeed, British soldiers were treated as witnesses, rather than suspects,” he said.
The 1998 Good Friday agreement sidestepped legacy – a catch-all term for unresolved Troubles-era killings by paramilitaries and security forces – and left bereaved families to seek answers and justice via inquests and prosecutions. The cases have stretched police resources and polarised politics.
Both governments and Northern Ireland’s main political parties agreed a joint approach to legacy in 2014 but the deal was not implemented. Boris Johnson and Rishi Sunak attempted to resolve the issue unilaterally but the Legacy Act prompted an outcry from unionists, nationalists and Dublin. Labour promised to repeal the legislation.
The Irish government has committed to cooperate with the new legacy mechanisms and investigate crimes committed south of the border – a key demand of critics who say Dublin has ignored questions about the Irish state’s role during the Troubles.
Gerry Kelly, a Sinn Féin assembly member, said families of victims and survivors would scrutinise the proposals and be the most important voice in the process. “History shows us that we should judge this on what is passed into law, as opposed to what is promised,” he said.
Quick GuideContact us about this storyShow
The best public interest journalism relies on first-hand accounts from people in the know.
If you have something to share on this subject, you can contact us confidentially using the following methods.
Secure Messaging in the Guardian app
The Guardian app has a tool to send tips about stories. Messages are end to end encrypted and concealed within the routine activity that every Guardian mobile app performs. This prevents an observer from knowing that you are communicating with us at all, let alone what is being said.
If you don’t already have the Guardian app, download it (iOS/Android) and go to the menu. Select ‘Secure Messaging’.
SecureDrop, instant messengers, email, telephone and post
If you can safely use the Tor network without being observed or monitored, you can send messages and documents to the Guardian via our SecureDrop platform.
Finally, our guide at theguardian.com/tips lists several ways to contact us securely, and discusses the pros and cons of each.
Illustration: Guardian Design / Rich Cousins
Thank you for your feedback.
