NI Troubles legacy plan 'risks breaches of human rights law'

Legislation to deal with the legacy of Northern Ireland's Troubles risks widespread breaches of human rights law, a Westminster committee has said.

The bill offers a conditional amnesty to those accused of killings and other Troubles-related crimes.

The changes are opposed by political parties and victims' groups in Northern Ireland, as well the Irish government.

Peers and MPs said the plan was unlikely to comply with the European Convention on Human Rights.

The Northern Ireland Troubles (Legacy and Reconciliation) Bill has already been through the House of Commons and is now set for consideration by the House of Lords.

The legislation proposes a form of amnesty in exchange for co-operation with a new truth recovery body.

The bill, if enacted, would also end inquests and civil proceedings related to the conflict.

Parliament's Joint Committee on Human Rights, which scrutinised the bill from a legal perspective, urged the government to reconsider its "whole approach".

The European Convention of Human Rights is a treaty agreed by almost every nation in Europe after World War Two.

In its report, the cross-party committee warned the bill's approach risked failing to meet the minimum standards required to ensure effective investigations into Troubles-related cases concerning deaths and serious injury.

It stated the right to life and the prohibition of torture under the European Convention on Human Rights require that the state undertake investigations into certain cases concerning deaths and serious harm which are independent, effective, reasonably prompt and expeditious, subject to public scrutiny, and involve the next-of-kin.

The committee also expressed concern that shutting down ways to pursue truth and justice was a "high-risk strategy and places the UK at risk of non-compliance with Article 6 (right of access to a court) and Article 13 (right to an effective remedy)".

"Criminal investigations, prosecutions and inquests should be permitted to continue, and a more reasonable, longer limitation period should be provided for civil claims," it said.

Chairwoman Joanna Cherry KC said establishing a new framework for dealing with the legacy of the Troubles was a complex and difficult task.

"A delicate balance needs to be struck between enabling reconciliation while taking steps to ensure that those still dealing with the devastating consequences of past events can access justice and effective remedies," said the Scottish National Party MP.

"We agree with many other stakeholders that this bill as drafted is unlikely to comply with the European Convention on Human Rights.

"The government must revisit this bill to ensure that it respects the human rights of all those affected and establishes a lasting framework for dealing with the legacy of the Troubles."

Responding to the committee's findings, a spokesperson for the government's Northern Ireland Office said: "The current mechanisms for addressing the past are delivering neither justice nor information to the vast majority of families.

"The legislation as a whole complies with our obligations under the European Convention on Human Rights and the government continues to engage constructively with all stakeholders regarding their concerns, and how these might be addressed as the bill proceeds through Parliament."