An amended Bill to deal with the legacy of Northern Ireland’s troubled past now meets the Government’s international human rights commitments, Chris Heaton-Harris has said.
The Northern Ireland Secretary said he accepted that aspects of the legislation were controversial and uncomfortable but added that he believed it represented the best opportunity for families of those killed during the Troubles to get information about what happened to their loved ones.
The Northern Ireland Troubles (Legacy and Reconciliation) Bill proposes an effective offer of immunity from prosecution for perpetrators of crimes during the Troubles who co-operate with a truth-recovery body.
It would also halt future civil cases and inquests linked to killings during the conflict.
While the Government introduced a number of amendments to the Bill earlier this month, the Stormont parties, Irish government and victims groups remain opposed to it.
As the amended Bill enters report stage in the House of Lords on Wednesday, Amnesty International urged peers to reject it and the Council of Europe’s Commissioner for Human Rights, Dunja Mijatovic, said it would violate international obligations.
But, speaking to the Institute of Government in London, Mr Heaton-Harris said there had been a number of attempts to deal with the concerns of victims in Northern Ireland.
He said: “I was the Government’s chief whip when it (the Bill) went through the Commons and it was fairly obvious that the Bill, in the state it went through the Commons, was causing concern.
“I am not saying that concern has gone away.
“We extended the amount of time so the Commons could air its views, it has had one of the longest committee stages in the Lords.
“It was essentially in committee over five months, we tabled a whole host of amendments.”
We have introduced amendments which I believe do make it Article 2-compliant, so we are doing the right thing by international law— Chris Heaton-Harris, Northern Ireland Secretary
He added: “We have introduced amendments which I believe do make it Article 2-compliant, so we are doing the right thing by international law.
“Investigations can continue. But it does contain conditional immunity for those that come forward and give true information to the commission we are setting up.
“It would then discharge that information in a report to the families who might have asked for it.
“I know that is controversial, I know that is uncomfortable, I know that is not perfect.
“It might just give some of the families enough information to feel comforted that they know what happened to their loved ones.
“I also know that for 25 years since the Troubles, these families have not had anything.
“Now, it is a generation that is passing on.
“I hope that when it is reported back to the House of Commons I will be able to stand up hand on heart and say this is an Article 2-compliant Bill.”
Grainne Teggart, Amnesty International UK’s Northern Ireland deputy director, said the UK Government should abandon the “deeply damaging Bill”.
“For a Bill so widely condemned both at home and on the international stage, it is staggering that the Government are intent on inflicting it on victims and perpetuating their trauma,” she said.
“To add insult to injury, the UK Government’s trailed ‘game-changing’ amendments have only served to worsen the situation for victims.
“No number of amendments will save this Bill.
“Peers must continue to reject the Government’s path to impunity and injustice.
“Victims deserve better, their rights must be protected.”
Michael O’Hare, whose 12-year-old sister Majella O’Hare was shot dead by a British soldier in Co Armagh 45 years ago, said the Bill fails victims.
“When a crime is committed, usually the victim is prioritised, but it is clear the UK Government aren’t prioritising us,” he said.
“Their amendments change nothing: they are still protecting perpetrators who carried out serious acts of wrongdoing.
“We appreciate the strong opposition to date from peers to this Bill – and it is vital that continues.
“At every stage, Government should be hearing that this disgraceful Bill fails victims.
“Legacy processes should be victim-centred, instead we’re being shamefully let down.”
The UK Government has decided to go ahead with the Bill in a way that does not recognise Northern Ireland’s violent past or honour the suffering of victims— Dunja Mijatovic
Ms Mijatovic said the UK Government had ignored warnings that the legislation would violate international obligations.
She said: “I have repeatedly warned that the Northern Ireland Troubles (Legacy and Reconciliation) Bill would undermine the human rights of victims, as well as truth-seeking, reconciliation and justice efforts.
“Despite this, the UK Government has decided to go ahead with the Bill in a way that does not recognise Northern Ireland’s violent past or honour the suffering of victims.”
