Oireachtas Joint and Select Committees

Thursday, 7 December 2023

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement

United Kingdom Northern Ireland Troubles (Legacy and Reconciliation) Act 2023: Discussion

Mr. Mark Thompson:

I will pick up on this point. I know Ms Aiesta was in the court for two weeks observing and monitoring the process with the families. Mr. Justice Colton heard that case and I do not believe a verdict in a case of that magnitude and the number of papers involved will come soon. I know the next contributor is very centrally involved in the case in representing families that, in part, initiated the case, but I cannot see a judgment being delivered before 18 January 2024, which is the deadline. An appeal will be undertaken by one side or the other, as has been pointed out. This will go to the Court of Appeal and then to the UK Supreme Court.

The way the British Government has prevaricated, obfuscated and delayed, using all these tactics, means it could be a few years, even three or four, before the case gets to Strasbourg. The beauty of an interstate case is that it leapfrogs all that and goes directly to Strasbourg. It could, possibly, I believe, be in the Grand Chamber within several months. Submissions will just be made by both sides. There will be merits to the case going forward. It will then go forward and be heard. This is the ballpark we need to be in.

The other important thing we probably need to understand is that this is an Act in British law. A British court can only make a declaration but it cannot overturn it. It can make a declaration of concerns about the law's incompatibility with the European Convention on Human Rights. Beyond that, it cannot do anything else. It cannot overturn the law. It is important that a case is taken, that a stand is taken and that the families battle this law, but it is important this is heard in Strasbourg as quickly as possible. I thank the Cathaoirleach.