Sir Declan Morgan

The creation of the body is a key component of the UK government’s controversial Northern Ireland Troubles (Legacy and Reconciliation) Bill, which is currently progressing through Westminster.

The bill has been widely criticised by the Law Society of Northern Ireland, Northern Ireland political parties, the Irish government, the Council of Europe, Amnesty International and Westminster’s joint committee on human rights as failing to fulfil the UK’s obligations under international human rights law.

Last week, the Council of Europe’s committee of ministers again criticised the bill as incompatible with the European Convention on Human Rights.

The UK government has introduced a number of last-minute amendments to the bill, but Amnesty has said they “do nothing to address the fundamental flaws with the bill”.

Speaking to the BBC, Sir Declan refused to express a view on the lawfulness of the bill.

He also said: “I recognise there are concerns about the legislation, but it seems to me the way to address that is not by throwing up one’s hands and saying ‘well, you know, we can’t do this’.

“The way to address that is to think through the strategy for how you will be able to deliver for the people who have been left behind on this issue.”

The retired judge added: “I don’t contemplate this commission failing.”

Sir Declan also acknowledged “how hurt” some families are by the conditional immunity scheme proposed under the bill, but said the content of the bill “is entirely a matter for politicians”.

A spokesperson for the Irish government told the BBC: “The UK Legacy Bill was drafted without consultation with the government of Ireland or the political parties in Northern Ireland.

“The government re-iterates its call on the secretary of state to pause the bill to enable a meaningful consultation with stakeholders and to ensure an ECHR-compliant process.”