Judge sets date to hear legal challenges to government's Troubles legacy law

Family members, supporters and lawyers of some of those taking cases outside the Royal Courts of Justice in Belfast, where legacy test cases are due to be selected​​​​​​​ Pic: Liam McBurney/PA WireFamily members, supporters and lawyers of some of those taking cases outside the Royal Courts of Justice in Belfast, where legacy test cases are due to be selected​​​​​​​ Pic: Liam McBurney/PA Wire
Family members, supporters and lawyers of some of those taking cases outside the Royal Courts of Justice in Belfast, where legacy test cases are due to be selected​​​​​​​ Pic: Liam McBurney/PA Wire
​A major legal battle over the UK government’s controversial new Troubles legacy laws will be heard in full in November, a High Court judge vowed today.

​As the number of challenges lodged by victims of the conflict reached 19, Mr Justice Colton confirmed he is setting aside a full week to deal with all arguments.

He also indicated nothing will be done to interrupt operation of the Northern Ireland Troubles (Legacy and Reconciliation) Act pending his determination on its lawfulness.

Hide Ad
Hide Ad

“I don’t consider this is an appropriate case for interim relief,” the judge said.

A raft of applications for judicial review have been brought on behalf of those fiercely opposed to the new legislation which offers a conditional amnesty to individuals accused of conflict-related offences.

It will also bring an end to future civil litigation and inquests into deaths which occurred during more than 30 years of violence in Northern Ireland.

The government has described it as an attempt to draw a line under Northern Ireland’s troubled history.

Hide Ad
Hide Ad

But it has drawn criticism from all main political parties in the province and victims’ groups resisting any attempt to ban prosecutions or remove access to justice.

Lawyers for those mounting the challenges claim the legislation is unconstitutional and incompatible with the Human Rights Act.

A number of legal firms are now involved in identifying lead cases which would cover all of the issues in a bid to streamline and fast-track proceedings.

Victims and their supporters packed into King's Bench Courtroom Number 1 at the Royal Courts of Justice in Belfast for today’s brief update.

Hide Ad
Hide Ad

Tony McGleenan KC, representing the government, disclosed: “There are now 19 judicial review applications.”

Mr Justice Colton then set out his intention to list the challenges for a week-long hearing, possibly beginning on November 13.

“You can all clear your diaries,” he told the parties.

“This case has to be heard sometime in November. If you can’t agree on a date I will simply fix a date.”

The new legislation involves the establishment of an Independent Commission for Reconciliation and Information Recovery (ICRIR) which aims to help victims’ relatives discover more about how they were killed.

Hide Ad
Hide Ad

Self-confessed perpetrators who cooperate and provide a truthful account to the legacy body headed up by former lord chief justice of Northern Ireland Sir Declan Morgan may be offered immunity from prosecution.

It is understood that at least one of the legal challenges was seeking interim relief to put the work of the ICRIR on hold until the lawfulness of the act is established.

But Mr Justice Colton made it clear that he does not intend to take such a course.

He added: “This is primary legislation, the best way to proceed is to have the substantive matters determined and any appropriate declaration made by the court in due course.”