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. P?draig ? Muirigh:

I have no doubt that other countries probably had one eye to that when looking at this legislation, not only in respect of the conflict in the North of Ireland, but other conflicts that the British army has been involved in, is currently involved in or may be involved in in future. I am sure that other states will be looking at this legislation and will want to see the British Government getting away with it, particularly with the section on immunity. The expansive nature of that immunity is much greater than that which was used in Chile by Pinochet. There is a great deal of case law in the European courts against the exercise of immunities like this. It is clearly a breach of the European Convention on Human Rights. If the British Government gets away with it, I have no doubt that other states will look at that and be encouraged by it. It will also have an impact on the role and behaviour of the British army, not only today, but in future.