UK criticised again by Council of Europe over Troubles Bill

UK criticised again by Council of Europe over Troubles Bill

The UK government has been criticised again by the Council of Europe’s committee of ministers over its proposed legacy bill’s compatibility with the European Convention on Human Rights.

The committee has responsibility for monitoring the implementation of judgments from the European Court of Human Rights and this week adopted a fifth interim resolution on the McKerr v the United Kingdom group of cases dating back to 2001.

The court’s judgments highlighted shortcomings in the investigations into several deaths in Northern Ireland in the 1980s and 1990s, either during security force operations or in circumstances giving rise to a suspicion of collusion by security force personnel.

At this week’s meeting, the committee of ministers noted with serious concern the absence of tangible progress to sufficiently allay concerns about the Northern Ireland Troubles (Legacy & Reconciliation) Bill’s compatibility with the ECHR, the conditional immunity scheme or the proposal to terminate pending inquests that have not reached substantive hearings by 1 May 2023.

The committee strongly reiterated its calls upon the authorities to amend several aspects of the bill, to reconsider the conditional immunity scheme and to allow the limited number of pending legacy inquests to conclude, to avoid further delay for the families involved.

The committee of ministers again underlined the importance of gaining the confidence of victims, families and potential witnesses for the success of any new investigative body, particularly if aimed at achieving truth and reconciliation.

In a separate decision, specifically concerning the Finucane v. the United Kingdom case, the committee expressed profound concern that over four years have passed since the UK Supreme Court found there has still not been a ECHR-compliant inquiry into Mr Finucane’s death in 1989 and there is still no clear indication of how the Northern Ireland secretary proposes to proceed.

The committee of ministers exhorted the UK authorities to provide a full and clear response to the Supreme Court judgment, including the measures they intend to take, as soon as possible.

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