Since the Northern Ireland conflict (1968-1998, also known as ‘the Troubles’) – caused by a dispute over the legitimacy of British rule in Northern Ireland – successive UK Governments have been tasked with ‘dealing with the past’. In 2022, the then Conservative Government introduced a highly controversial Legacy Act – one that the Labour Party promised to repeal if elected. Why was the Legacy Act so controversial, what did Brexit have to do with it and what does the Labour Party plan to do differently?
Conflict, truth andreconciliation in Northern Ireland
From 1968 until 1998, Northern Ireland (NI) lived a period of violent conflict due to a dispute over whether NI should remain part of the United Kingdom (UK) or form part of a united Ireland. Over 3’700 people died and more than 40’000 were injured. With the signing of the Belfast Agreement (aka the ‘Good Friday Agreement’) in 1998, widespread political violence ended. But to this day, the top-down transitional justice measures implemented by successive UK Governments are seen as having failed to establish a mutually accepted shared understanding of the past, persistently hindering reconciliation in NI. To add insult to injury, the UK’s decision to leave the EU in 2016 brought up new challenges for Northern Ireland’s reconciliation process.
Brexit and the Conservative’s controversial Legacy Act
Not only did Brexit cause tensions due to the threat of a ‘hard border’ reappearing between NI and the Republic of Ireland, or due to complicated Protocol negotiations between the UK and the EU. In 2022, the Conservative Government introduced its new Northern Ireland Legacy Act that was likely also impacted by the influence of the hard-Brexit Conservative party faction characterized by its Euroscepticism, English nationalism, and commitment to British sovereignty (I have argued this elsewhere in more detail). So, what made the Act so controversial?
The Legacy Act’s unilateral introduction by the UK broke with the previously established ‘habit of cooperation’ between the Irish and British governments on the issue of Northern Irish peace and put additional strain on the already damaged post-Brexit Anglo-Irish relations (Ireland is even taking the UK to court over it). Vocal resistance also came from all political parties in NI, victims’ organizations, the Council of Europe, the United Nations and more.
Among other things, the Act established a new commission (ICRIR) to review Troubles-related deaths and determine whether to grant persons immunity from prosecution in exchange for information. It also legislated for a de facto amnesty for Troubles-related offences since the commission would only run for five years, leaving victims without a pathway to truth or accountability thereafter. Some interpreted this de facto amnesty as an attempt by the UK Government to avoid legal cases against UK army veterans that fought in NI – a goal attributed to the increasingly nationalistic stances and the contempt for international law within the hard-Brexit Conservative party faction (also apparent in other legislation at the time, see the Overseas Operations Act 2021). Additionally, power over the Act’s transitional justice mechanisms was strongly centralized in the hands of Westminster, resulting in a lack of independence and legitimacy. And lastly, parts of the Act were found to be in breach of the European Convention on Human Rights (often argued by Conservatives as supposedly infringing British sovereignty) by the High Court in Belfast.
Despite widespread criticism, the Legacy Act passed into law in September 2023. But then, in July 2024, the Labour Party won the General Election. And Labour had pledged to repeal the Legacy Act if elected. What does Labour plan to do differently though?
Labour’s new ‘Troubles Bill’
Last autumn, the British and Irish Governments jointly presented a new Legacy Framework, whereby the Labour Government signalled a renewed commitment to its responsibility as a co-guarantor of the 1998 peace agreement.
In the framework and the accompanying draft legislation (potentially still subject to amendments), Labour committed to – among other things – ending the immunity scheme, reforming the ICRIR commission (including fortified governance and oversight arrangements) and piloting a novel cross-border body of information retrieval. Labour’s plans address some concerns previously harboured by key stakeholders, but significant issues of contention remain. For example, Labour’s plans to include ‘protections’ for veterans are causing outrage, both with groups that would like them to go further and with those who would like them scrapped completely.
Any new approach to legacy issues represents a challenging balancing act – only time will tell whether Labour can successfully navigate it. But, in all likelihood, the time required to heal Northern Ireland’s wounds will exceed Labour’s current term in government. And the party’s support has been declining starkly. If Labour fails to secure another term in office, Northern Ireland could be faced with yet another change in legacy legislation, risking further delay of victims’ attempts to move forward from past harms.
