Criticism of Courts' decision to allow Legacy Act appeal

A number of victims' families have criticised a decision by the UK's highest court to allow the government to appeal a ruling on the Legacy Act.

The Legacy Act was brought in by the last government and came into effect in May.

Parts of the act including a controversial measure to give a conditional amnesty to suspects who gave accurate information were later struck down by the Court of Appeal.

Labour has started the process of repealing the act, but last October lodged an appeal seeking to challenge other elements of the ruling handed down by the Court of Appeal.

The Supreme Court has now granted the appeal, with the hearing expected to take place in the next couple of months.

Secretary of State, Hilary Benn said: "There were aspects of the Dillon judgement that raised wider constitutional questions that go beyond the Legacy Act and that is why the government is appealing."

Benn said that he was pleased with the Supreme Courts' decision to allow an appeal.

He said: "On legacy I will ensure that we have a system that is compliant with the European Convention of Human Rights, that's a pledge I've made and the government will honour"

In September, senior judges in Belfast ruled that the Legacy Act gives the UK government too much veto power over the disclosure of material by a new commission which is investigating killings.

That case was brought by a number of bereaved relatives, who argued the commission was not sufficiently independent.

Speaking on Thursday, Darragh Mackin of Phoenix Law said his clients would "relish the opportunity to again take a stand against this act on behalf of all victims affected by this egregious legislation".

He added: "It is disappointing that the Secretary of State has continued to utilise every available mechanism to try and uphold the Tory pet project of the Legacy Act.

"It is a testament to the importance of this case that the Supreme Court has confirmed that it will hear this case on an expedited basis, and indeed, before the end of June if possible."

The Legacy Act, which is opposed by Northern Ireland's political parties and victims' groups, was brought in by the last government and came into effect in May.

Labour has begun the parliamentary process of replacing the act, but said it intends on keeping the new legacy body, the Independent Commission for Reconciliation and Information Recovery (ICRIR).

Martina Dillon, who lost her husband Seamus after he was shot dead in a loyalist attack in Dungannon in 1997, said the appeal "only puts salt in the wounds of all victims".

"We warmly welcome the Supreme Court's decision to expedite this case and we look forward to defending our rights in London before the end of June."

The act was passed by the Conservative government in September 2023 despite opposition from Labour, all Northern Ireland parties, several victims' groups and the Irish government.

It created a new legacy body known ICRIR to take over all Troubles-era cases from 1 May 2024, including those on the desk of the Police Service of Northern Ireland.

The act shuts down all historical inquests.

The act's most controversial element, the offer of conditional immunity to suspects, has been disapplied following legal action by bereaved families.

The court ruled this part of the act was incompatible with human rights' legislation and the Windsor Framework.

In late July, the Labour government wrote to the Belfast courts abandoning an appeal against the striking out of the amnesty clause in the legislation.

But it later confirmed it would seek an appeal to challenge rulings on other aspects of the act.