Veto power in Troubles bill ‘risks new betrayal’ of victims

Veto power in Troubles bill 'risks new betrayal' of victims

UK government plans to retain the so-called “security veto” in new Troubles legislation risks betraying victims again, human rights campaigners have warned.

Amnesty International has welcomed the government’s introduction this week of the new Northern Ireland Troubles Bill and a remedial order repealing the immunity scheme previously ruled to be incompatible with the European Convention on Human Rights (ECHR).

The bill will make good on a promise to “repeal and replace” the previous government’s controversial Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.

It will allow some inquests and civil actions to resume while establishing a reformed Legacy Commission to replace the Independent Commission for Reconciliation and Information Recovery (ICRIR) and deal with the majority of cases.

“This legislation rights some historic wrongs by scrapping unlawful impunity for perpetrators and ending the ban on civil actions,” Gráinne Teggart, deputy director for Northern Ireland at Amnesty International UK, said.

“Inquests and the new legacy commission will require careful consideration.

“But it cannot be the fresh start victims deserve if the government insists on keeping a national security veto that conceals state wrongdoing.”

In a ruling last September, aspects of which the UK government is currently appealing, Northern Ireland’s Court of Appeal said legislation giving the Northern Ireland secretary an “effective veto” over the disclosure of information to ICRIR undermined its independence.

However, the new legislation retains powers for the Northern Ireland secretary to prohibit disclosures of “sensitive information”.

Ms Teggart said: “That power is disproportionate, unacceptable, and has already been found incompatible with human rights by the Northern Ireland courts.

“Families have been failed for decades by secrecy, obstruction, and denial. If the government is serious about turning a page, it must stop defending old mistakes and finally put truth and victims first.

“The right to truth cannot be subject to a ministerial veto. State agents and their handlers are not above the law. The government should prioritise victims and focus on delivering genuine accountability.

“The retention of a security veto — which has both the intention and effect of denying families answers — will fatally damage confidence in the new Legacy Commission before it even begins.”

Amnesty has set out “key tests” for the legislation, including full compliance with the ECHR and no retention of the Northern Ireland secretary’s power to veto disclosure.

It argues the bill should provide for independent and transparent access to all relevant information, the restoration and expansion of inquest rights and civil actions, independent appointments and adequate resourcing for the Legacy Commission, and equal rights and protections for all victims, with no political interference.

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