Axing Troubles immunity from Legacy Act a ‘down payment on trust’ – Hilary Benn

Northern Ireland Secretary Hilary Benn has described the removal of legal immunity from legacy legislation as a “down payment on trust”.

In the Commons on Wednesday, MPs voted on a Government remedial order to remove protections giving immunity from prosecution to anyone accused of crimes during the Troubles if they provide information to a truth recovery body.

This was part of the previous Conservative government’s Legacy Act which was approved in 2023, but the High Court in Belfast ruled parts of the Act were incompatible with the European Convention on Human Rights (ECHR) in 2024.

The Irish Government also launched an interstate legal case against the UK, claiming the Legacy Act breached the ECHR.

Asked by reporters in Belfast if his Government’s Troubles Bill would withstand an interstate case if it went ahead, Mr Benn said it was brought on the basis that the existing legislation was “not compliant with our international human rights obligations” and that judgment is “entirely a matter for the Irish government”.

“Last night in the House of Commons, by a very large majority, the House voted in favour of the remedial order that will get rid of the immunity provisions that had no support in Northern Ireland, none, from any of the political parties or from victims and survivors organisations, and will allow civil claims that had been paused to restart,” he said.

In terms of veterans, he said the Government had “put in place a number of protections”.

“It’s very important that we look at the bigger picture,” he said.

“What we are trying to do here is to create a system that everyone in Northern Ireland can have confidence in because the last Legacy Act failed to achieve that.

“And how can you move on in terms of legacy, when you’ve got a system in place that a lot of people don’t trust and won’t participate?

“And so that is the over-riding goal, both of the remedial order and the Troubles Bill, which we have published, it’s had its second reading in the House of Commons, it was passed by a large majority and we will come to the committee stage in due course.”

He added: “As we take the legislation forward, I am genuinely looking to achieve the greatest amount of consensus in the House of Commons, because then I think that will help to build consensus here in Northern Ireland.

“But the final point I’d make is there’s a terrible lack of trust, because people have been let down time and time again, and building trust takes time, and I described the remedial order last night as a down payment on trust, and I think it was a very important moment in this long process.”