The British Government have called Ireland’s attempt to drag the UK before European courts as “unnecessary” and “misguided”.
Prime Minister Rishi Sunak’s administration was speaking after it emerged Irish Taoiseach Leo Varadkar planned to sue Britain in a spat over the UK Legacy Act.
Aspects of the legislation include a limited form of immunity from prosecution for Troubles-related offences for those who co-operate with the new Independent Commission for Reconciliation and Information Recovery (ICRIR).
The new Act will also halt future civil cases and legacy inquests. Mr Varadkar said his country had “strong” legal advice was that the UK Legacy Act breached the UN Convention on Human Rights.
But Secretary of State for Northern Ireland Chris Heaton-Harris slammed the case as “unnecessary” and warned it came at a “particularly sensitive time in Northern Ireland”.
Mr Heaton-Harris added “It did not need to be taken now, given the issues are already before the UK courts”.
The decision by the Republic of Ireland comes as Northern Ireland has remained politically deadlocked with no working administration sitting for months.
Northern Ireland DUP leader Sir Jeffrey Donaldson accused the Irish government of “double standards”.
Sir Jeffrey told the BBC: “I think there are double standards on the part of the Irish government here and whilst I am strongly opposed to the Government’s amnesty plans, we voted against it, we spoke against it and we continue to oppose it, but I don’t think the Irish government are in a very strong position to point the finger at the UK Government because the Irish government have no proposals to deal with the legacy issues.
“No proposals to deal with the quite significant number of murders that were committed either in their jurisdiction or from their jurisdiction.
“For years effectively there has been a form of amnesty in the Irish Republic because they have not actively pursued those responsible for these crimes.”
The Legacy Act received royal assent in September despite widespread opposition from political parties, victims’ organisations in Northern Ireland and the Irish government.
Ireland’s deputy premier and foreign affairs minister Micheal Martin said they were taking the case reluctantly after having spent time trying to change the UK Government’s mind.
Amnesty International praised the Irish government as “doing the right thing” for victims of Northern Ireland’s Troubles by “taking a stand”.
The Irish government is to argue that the provisions of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 are incompatible with the UK’s obligations under the European Convention on Human Rights.
