Joint Framework on the legacy of the Troubles in Northern Ireland promises reforms to address ECHR breaches
The UK and Irish Governments have published a joint framework announcing major reforms to the Northern Ireland Troubles legacy investigation system. The UK and Irish Governments have acknowledged that the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 is not fit for purpose, having been found to be in breach of the European Convention on Human Rights, undermining the Good Friday Agreement. A number of reforms are proposed. In particular, the UK Government will introduce a Remedial Order under the Human Rights Act 1998 to remove the Immunity Scheme and lift restrictions on civil proceedings. Further reforms will be enacted through primary legislation, including the introduction of a reformed Legacy Commission overseen by a new statutory Oversight Board, replacing the Independent Commission for Reconciliation and Information Recovery with expanded investigative powers, revised governance and oversight, and a new judge-led Inquisitorial Mechanism to ensure transparency and legal participation for victims’ families. Further proposals include replacement of current legislative prohibitions on Troubles-related inquests, stronger conflict-of-interest duties, revised disclosure rules and enhanced cross-border cooperation.