Micheál Martin (Cork South Central, Fianna Fail)
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On 17 January 2024 the Government filed an inter-State case against the United Kingdom with the European Court of Human Rights. In its application, the Government argues that certain provisions of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 are incompatible with the United Kingdom’s obligations under the Convention, including Article 2 (right to life), Article 3 (the prohibition of torture and inhuman or degrading treatment), Article 6(1) (the right of access to a court), Article 13 (right to an effective remedy), and Article 14 (prohibition of discrimination).

The inter-state application has been communicated by the Court to the Government of the United Kingdom.

The 12-week period within which third parties may seek leave to intervene in this case commenced on 9 February 2024. The Court will make its decision in respect of any such leave requests following the expiry of the relevant deadline.

The parties will be informed in due course of the composition of the Chamber of the Court which will examine this case, and will be consulted with a view to fixing the written procedure. The Court will examine the admissibility of the inter-state application in the first instance.

As I have said numerous times, the decision to initiate an inter-State case was not taken lightly, but it was the only viable course of action. We profoundly regret that we found ourselves in a position where such a decision had to be made.

The Government’s application highlights the strong opposition to the Legacy Act within Northern Ireland, including by almost all groups representing victims, survivors, and their families since it was first introduced.

It is now a matter for the European Court of Human Rights to examine the Government’s application and to determine whether the Legacy Act violates the United Kingdom’s obligations under the European Convention on Human Rights.

There are also a number of cases challenging the Act being taken by individuals in courts in Northern Ireland. These are separate and distinct from the case being taken by the Government.