Northern Ireland Troubles law breaches human rights and the Windsor Framework

The Northern Ireland Court of Appeal today handed down judgment in Dillon and others v Secretary of State for Northern Ireland.

The Court has found that the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 is in breach of human rights and the Windsor Framework.  The Act is primary legislation, which seeks to bring to an end criminal investigations, inquest hearings, and civil damages claims relating to the Northern Ireland Troubles.  The Act has been roundly opposed by victims of the Troubles.  The Court found that the Act is unlawful in that it: (a) seeks to introduce immunity from criminal investigation and prosecution for perpetrators of Troubles related criminality, (b) brings to an end damages claims introduced after the Act was first introduced in Parliament. and (c) does not provide sufficient safeguards for victims in investigations.

Jude Bunting KC acted for the applicants in the lead case, with John Larkin KC, Malachy Magowan, and Laura King from the Northern Ireland bar. They were instructed by Darragh Mackin and Gavin Booth from Phoenix law.

See further coverage at the BBC.