Legacy issues major focus of Irish - British intergovernmental meeting in Northern Ireland

A meeting of the British-Irish Intergovernmental Conference took place in Hillsborough Castle in Northern Ireland on Thursday, April 24.

It was the first time a meeting of the BIIC was held in Northern Ireland since 2006.

Established under the Good Friday Agreement, the BIIGC is a bilateral forum which meets regularly, aiming “to bring together the British and Irish Governments to promote cooperation at all levels on all matters of mutual interest within the competence of both Governments."

Thursday's meeting was co-chaired by Ireland's Tánaiste and Minister for Foreign Affairs and Trade Simon Harris TD and Secretary of State for Northern Ireland Hilary Benn.

Ireland's Minister for Justice Jim O'Callaghan TD also attended, as did the Parliamentary Under-Secretary of State for Northern Ireland Fleur Anderson MP.

Among the topics discussed on Thursday were legacy issues in Northern Ireland, including the contentious Northern Ireland Legacy Act and its Independent Commission for Reconciliation and Information Recovery (ICRIR).

Last summer, it was announced that the Act would be "repealed and replaced," with the new Labour Government set to "explore options to strengthen" the independence of the ICRIR.

In September, Northern Ireland's Court of Appeal ruled that the ICRIR is "incompatible with human rights laws in relation to the power held by the Northern Ireland Secretary to withhold sensitive state files from bereaved families."

In December, the Irish Government initiated an inter-state legal case against the UK for its Northern Ireland Legacy Act, arguing that it is not compatible with the European Convention on Human Rights (ECHR).

Announcing the case at the time, then-Tánaiste Micheál Martin said: "Even in cases in which immunity is not granted, 'reviews' by the proposed body, the Independent Commission for Reconciliation and Information Recovery (ICRIR) are not an adequate substitute for police investigations, carried out independently, adequately, and with sufficient participation of next of kin."

In a joint communiqué after the meeting on Thursday, the Irish and British governments noted that "one of the aims of the Good Friday Agreement - to acknowledge and address the suffering of victims and survivors of the Troubles - remains unrealised."

Both governments, the communiqué said, "expressed a mutual commitment to making timely progress so that families can obtain the information and accountability that they deserve and have long sought."

They also "emphasised that their aim remains to reach agreement on a joint, comprehensive approach to legacy issues consistent with the principles of the Stormont House Agreement - including ensuring that legacy mechanisms are human rights compliant and balanced, proportionate, transparent, fair and equitable."

The communiqué said both governments agreed that "any joint approach to legacy will require agreement on all key issues, including: fundamental reform of the Independent Commission for Reconciliation and Information Recovery to ensure its human rights compliance and to strengthen its practical independence, governance and oversight; the approach to legacy inquests and information retrieval; and ensuring that there are clear reciprocal commitments by both the UK Government and the Government of Ireland."

Both governments agreed to "continue to work quickly and intensively in seeking to finalise a joint approach."

The British government remains "committed to introducing legislation to repeal and replace the Legacy Act when Parliamentary time allows," the communiqué said, while the Irish government "will introduce its own legislation as necessary."

"Ultimately, securing the confidence of victims, survivors, and families will remain at the heart of the work of both Governments."

After the meeting on Thursday, Benn told reporters: "I am committed to fundamental reform of the Commission [ICRIR], absolutely fundamental reform, because I'm well aware of the lack of confidence that many in Northern Ireland have in the Commission because of the circumstances of its creation, but I'm also aware that there are now 50 cases that they are investigating because families have chosen to come to the Commission."

According to the PA, Benn described Thursday's meeting as "constructive."

He further told reporters: “I passionately believe, I know you do too, that this peace agreement, the Good Friday Agreement, works best when the two governments pull in the same direction, and if at all possible, that’s where we want to get to, where we could actually have a joint position in terms of a mechanism on the legacy of the past."

Meanwhile, Tánaiste Simon Harris told reporters: "There is a moment in time when we have to call this for many reasons, including those that Hillary has outlined.

"People are getting older, people are going to their grave still not knowing the truth in relation to the loss of their loved one.

"I think we will know within weeks whether it is possible to have a joint position."