Secretary of State: I'm determined to deal with the past
Source: gov.uk (2025-01-18)

The Secretary of State, Hilary Benn, has outlined his determination to deal with the legacy of the past in Northern Ireland

Acknowledging and addressing the suffering of victims and survivors of the Troubles was one of the aims of the Good Friday Agreement, but it is all too clear that for many of them and their families this task remains incomplete.

I have met and corresponded with many people who lost loved ones or were injured themselves. They have described to me the trauma they have lived through, made much worse by the lack of answers or of acknowledgement of what happened.

And I know that many are rightly angry about the previous UK Government’s Legacy Act. In Opposition, we said we would repeal and replace the Act. In Government, we remain steadfastly committed to doing so. That work is well underway.

Last month, I began this process with the introduction of a proposed draft Remedial Order which will remove a number of the Act’s provisions that have been deemed incompatible with the European Convention on Human Rights, including ending the widely-opposed immunity scheme and restoring the right to pursue civil cases. There are complex issues to be worked through, including in relation to legal rulings on interim custody orders, and all of these are now before Parliament for scrutiny over the next few months.

I also confirmed that I will restore inquests, starting with those that were previously halted by the Legacy Act, and put in place a fairer disclosure regime like that in public inquiries.

Everybody I have spoken to agrees that there needs to be a means of conducting investigations and of recovering information. And we do now have - for the first time - an independent judge-led Commission, responsible for doing both these things.

I am the first to acknowledge that the legislation that established the Commission needs to be changed and I appreciate why, after all these years, and given the origins of the Legacy Act, there is scepticism about it. I know that reforms will be needed to secure the confidence of families. But a growing number of requests for investigations and information are now being made to the Commission - over 120 at the last count - and the Northern Ireland Courts have been clear that it has the powers it needs to carry out independent, human rights-compliant investigations.

What’s more, the legislation I will propose will ensure that the Commission is, in specific circumstances, able to hold public hearings, take sworn evidence from individuals, and ensure families have effective representation.

One of the advantages of having the Commission is that it can quickly get to work. It has a growing team of dedicated investigators, including the former senior investigator at Operation Kenova. The Commission also has full police powers to help find answers without the long years of waiting that are often involved with public inquiries, which must establish staff, premises and processes from scratch.

There are a number of families, including the family of Sean Brown, whose inquests were brought to a premature end, and who continue to experience great pain and suffering. For each of these families, I want to ensure that there is a full, thorough and independent investigation into the death of their loved one as soon as possible.

I urge all those still searching for answers, for justice or for acknowledgement of what happened, to talk to the Commission to hear and discuss what they propose - knowing that the Government will strengthen it in our forthcoming legislation.

The complexity and sensitivity of dealing with the legacy of the past means trying to build as broad a consensus as possible - as envisaged in the Stormont House Agreement. I am determined - with the help of all interested parties, including the Irish Government - to achieve this.

Nothing will ever ease the pain that so many families endure to this day. But we must do all we can to help society in Northern Ireland, which has come such a long way since 1998, to finally begin to heal the terrible wounds of the past and look to a better future together.

This article was also published in the Irish News on Saturday 18 January.