Ireland and UK Launch Joint Framework to Address Troubles Legacy

On September 19, 2023, Ireland and the United Kingdom unveiled a new initiative aimed at addressing the complex legacy of The Troubles, a period of conflict that significantly impacted Northern Ireland. The announcement was made at Hillsborough Castle in County Down by Ireland’s Tánaiste Simon Harris and Northern Ireland’s Secretary of State Hilary Benn. This new initiative, titled “The Legacy of the Troubles: A Joint Framework,” proposes significant reforms to the controversial 2023 Legacy Act, which faced widespread opposition from various political parties, victims’ groups, and civil society organizations.

The Joint Framework emerged after months of intensive discussions between Harris and Benn, as confirmed by Ireland’s Department of Foreign Affairs and Trade. The framework aligns with the principles of the 2014 Stormont House Agreement and focuses on reciprocal cooperation between the two governments.

Key Features of the New Framework

Among its major elements, the Joint Framework will lift the prohibition on civil cases and reinstate inquests that were halted under the Legacy Act. It aims to overhaul the governance and independence of the Independent Commission for Reconciliation and Information Recovery (ICRIR), which will be rebranded as the Legacy Commission. This new commission will operate under a statutory Independent Oversight Board, which will enforce conflict of interest provisions and establish a Victims and Survivors Advisory Group.

Furthermore, the Legacy Commission will be empowered to conduct investigations that adhere to UK-wide standards, potentially leading to prosecutions. A new judge-led inquisitorial mechanism will also be introduced, enabling public hearings and ensuring active participation from next-of-kin. Importantly, the framework revises how sensitive information is disclosed, removing the Secretary of State for Northern Ireland’s power to guide the Legacy Commission on identifying sensitive materials.

In addition to these reforms, the plan includes the establishment of a new dedicated Legacy Unit within An Garda Síochána, the national police service of Ireland. To support these initiatives, the Irish Government has pledged €25 million to facilitate engagement with victims and their families in the new legacy processes.

Leadership Reactions

At the launch, Tánaiste Simon Harris described the Joint Framework as a “step-change” from the previous Legacy Act. He emphasized that the earlier legislation was “unilaterally conceived, unilaterally drafted, and unilaterally implemented,” and acknowledged the need to rebuild trust with affected families. “I am fully aware that winning the confidence of families will take time,” he noted, but expressed optimism that the new agreement could deliver meaningful outcomes.

Secretary of State Hilary Benn echoed this sentiment, stating that the previous government’s approach had caused “great pain and anguish” to many in Northern Ireland. He characterized the new framework as a collaborative effort that represents a path forward in addressing the unfinished business of the Good Friday Agreement. “This government made a commitment to repeal the flawed Legacy Act and replace it with a fair and proportionate system,” Benn affirmed.

This new Joint Framework marks a significant moment in the ongoing efforts to address the legacies of The Troubles, focusing on truth, justice, and reconciliation for the victims and their families. As both governments embark on this new era of cooperation, the effectiveness of these measures will be closely monitored by the communities they aim to serve.