The Troubles: ‘Legacy Act denies victims like me closure’

A law that has now halted a number of Troubles-era investigations is a setback for reconciliation, the son of a victim says.

The old bill puts an end to 38 judicial investigations that had not yet reached their final stage by May 1.

It also introduces a new body to take over all Troubles cases during the 30-year conflict.

The law has been opposed by all Northern Irish politicians in Stormont and Westminster.

It was also rejected by Troubles victims’ groups.

However, Northern Ireland Secretary Chris Heaton-Harris welcomed the implementation of the bill.

He said on Wednesday that the new Independent Commission for Reconciliation and Information Recovery (ICRIR) would provide “robust and effective mechanisms to address the legacy of the past”.

Sean Slane, whose father Gerard, 27, was shot dead by loyalists in 1988, said he was hit by “unrest” year after year.

He said his family had hoped an inquest could help as they “needed closure” on what had happened.

The ICRIR, led by former Lord Chief Justice Sir Declan Morgan, has the power to conduct superseding investigations.

It will also investigate any Troubles-related incidents in Britain in which people were killed or seriously injured.

But the main task will be to provide new information to relatives and survivors.

The Lady Chief Justice’s Office said 14 of the inquests falling under the May 1 deadline had not yet reached findings, while 24 others had not been assigned a coroner.

Some investigations involve multiple murders.

The murder of Gerard Slane by the Ulster Defense Association (UDA) in West Belfast involved an army officer, Brian Nelson.

A new judicial inquiry was ordered in 2011, but was hit by multiple delays, including the disclosure of security forces documents.

“It was just a slowdown in tactics throughout the period,” his son said.

Sean Slane added: “Personally, the only way there can be real peace and reconciliation is if the truth comes out across the board.”

Instead of going to ICRIR, he said he would campaign for a judicial inquiry, noting that Labor had promised to repeal the law if it won the next general election.

Speaking on Good Morning Ulster, Shadow Northern Ireland Secretary Hilary Benn said that for many relatives the May deadline felt like a door being slammed in their faces.

He said Labor would lift the law’s immunity “because it has already been struck down by the High Court in Belfast, although the issue is under appeal”.

Mr Benn said his party would also restore civil cases and investigations.

Speaking about the ICRIR, he said: “I wouldn’t scrap it, I’ll see how it goes. Ultimately, the test for this is whether it will work for families.

“If families ultimately find that ICRIR works for them – and there are some reforms we could make to increase confidence in it – then that will put us in a much, much better position than where we are now.”

Rev David Clements’ father, Billy, was a reserve police officer who was murdered by the IRA in December 1985.

On the ICRIR, he said: “I think to some extent we have to be pragmatic and say this is the only competition in town at the moment.

“If we can find a way to deal with it constructively and give it the best possible wind, my personal view is that this is the approach we should take.”

Established by law, ICRIR will hear cases referred to ICRIR or brought by relatives and survivors, and will have police powers to investigate and prosecute where possible.

From Wednesday, the Police Service of Northern Ireland (PSNI) will no longer investigate Troubles cases and will “cooperate fully” with ICRIR requests for information.

ICRIR research commissioner Peter Sheridan said he hoped the new body would gain support over time.

The law has been criticized by political parties and victims’ groups in Northern Ireland.

The Irish government is also bringing an interstate case against Britain at the European Court of Human Rights.

“I understand the contentious nature of this,” Sheridan said.

“If we are all serious about helping victims and survivors, everyone must contribute at some point, otherwise we will leave this to another generation.”

He explained how the agency would work with families: “If it is a case with the possibility of evidence, then it will be a criminal investigation.

‘If it’s one that we don’t think will meet that standard, it could be a fault, in other words, on the balance of probabilities, Sir Declan Morgan will write a report on who was to blame.

“And a family-oriented study answers questions that families have been asking for for forty to fifty years.”

Northern Ireland Secretary Chris Heaton-Harris said he found ICRIR operational.

“By establishing the independent commission, we are doing something that has eluded successive governments since 1998,” he said.

“If the independent commission is given the opportunity to demonstrate its effectiveness, I am confident it will deliver results.”

Chief Constable Jon Boutcher said the PSNI would do “whatever was necessary” to support the work of the ICRIR.

“I am acutely aware that this will be a distressing and uncertain time for the families of the victims,” he said.

“Many have searched for answers for years and have sometimes become frustrated in their attempts to discover the truth.

“If they choose to approach the committee, the Police Service of Northern Ireland will ensure that Sir Declan Morgan and his team have unfettered access to all material in those cases.”

Amnesty International’s Grainne Teggart said the May 1 “guillotine” was “an incentive for the state to frustrate legal proceedings and grossly abandon victims”.

“The British government should be utterly ashamed of the suffering they have caused to the victims through this abhorrent act,” she said.