Proposed UK government legislation to deal with the legacy of Northern Ireland’s Troubles risks widespread breaches of human rights law, a parliamentary committee has found.
The joint committee on human rights found that the so-called “legacy” bill had the intention of addressing “a complex situation with no easy solutions”.
But it urged the government to “reconsider its approach” and put forward a bill that would be compliant with the European convention on human rights (ECHR).
“We are really worried that that is not compatible with the right to life which is guaranteed by article 2 of the European convention of human rights,” Joanna Cherry, an SNP MP and lawyer and chair of the committee told the BBC.
The Northern Ireland Troubles (legacy and reconciliation) bill, proposes an effective amnesty for those accused of killing or maiming people during the Troubles.
It is opposed by all parties in Northern Ireland, including the Democratic Unionist party and Sinn Féin, who say it will mean victims’ families will not get the justice they deserve.
The bill was championed by Johnny Mercer, who is returning to government after being appointed to his former role of veterans’ minister by the new prime minister, Rishi Sunak.
The bill proposes an alternative route to justice for victims’ families by setting up a new commission for reconciliation of information recovery.
But joint committee on human rights warns that the bill’s approach “risks failing to meet the minimum standards required to ensure effective investigations into troubles-related cases concerning deaths and serious injury”.
It added: “The right to life and the prohibition of torture under the ECHR require that the state undertake investigations into certain cases concerning deaths and serious harm which are independent, effective, reasonably prompt and expeditious, subject to public scrutiny, and involve the next-of-kin.”
The committee is also concerned that the scope of the reviews of crimes is “too narrow and risks excluding investigations” into alleged torture.
The IRA and other paramilitary organisations used torture including punishment beatings and knee-capping as a means of enforcement during the Troubles.
Only torture that resulted in death and serious injury would be in the scope of state investigations, under the bill proposals.
It would also limit inquests and civil claims, a route that some victims’ families have used in the absence of investigations to killings.
Shutting down other avenues to pursue truth and justice is a “high-risk strategy and places the UK at risk of non-compliance with article 6 (right of access to a court) and article 13 (right to an effective remedy) of the convention, the report concludes.
The bill also finds that the conditional immunity scheme proposed by the government is in “direct conflict” with the country’s duty to undertake effective investigations that are capable of identifying and punishing perpetrators.
It is particularly concerned that immunity would offer permanent amnesty to alleged perpetrators.
“Once granted, immunity cannot be revoked,” it says.
The committee warned that amnesties for grave violations of human rights were not permissible under the ECHR. It called for the scheme to be removed from the bill.
Cherry said: “Establishing a new framework for dealing with legacy of the Troubles is a complex and difficult task, but that is why it is all the more important that the government gets it right.”
A spokesperson for the Northern Ireland Office said: “The current mechanisms for addressing the past are delivering neither justice nor information to the vast majority of families.
“We are confident that the legislation complies with our obligations under the ECHR and the government continues to engage constructively with all stakeholders regarding their concerns, and how these might be addressed as the bill proceeds through parliament.”
