The British has “turned its back on victims” after it failed to move immediately to reinstate legacy inquests, the wife of a murdered Catholic man has said.
Martina Dillon, whose husband Seamus was killed by loyalists near Dungannon in 1997, was speaking after Secretary of State Hilary Benn said he is taking “first steps” to repeal and replace controversial legacy legislation.
Mr Benn plans to repeal the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, which ended all inquests and civil cases and contained proposal to introduce conditional immunity.
In a statement at Westminster Mr Benn said he intends to introduce a remedial order, which amends exiting legislation, to remove all provision relating to immunity and that future civil proceedings will be allowed to proceed.
“This means individuals will once again be able to bring Troubles-related cases to the civil courts, a basic right denied them by the Legacy Act,” Mr Benn said.
The Labour MP also said he intends to introduce primary legislation to restore inquests beginning with those halted by the Legacy Act.
After its introduction in May, all Troubles related cases were transferred to the Independent Commission for Reconciliation and Information Recovery (ICRIR).
Many people impacted by the conflict remain bitterly opposed to the ICRIR, believing it to be part of British government attempts to protect state participants from accountability.
While the Labour government has said it will repeal and replace the Legacy Act, it plans to the retain the ICRIR.
In September, the Court of Appeal found the commission is incompatible with the European Convention on Human Rights (ECHR) in respect of the power held by the secretary to withhold sensitive information from families.
Mr Benn has said he will seek to improve ICRIR disclosure mechanisms and allow it to hold public hearings.
The minister added that his government “will make further changes to reform and strengthen the commission’s independence, powers and accountability”.
Ms Dillon said on Thursday that Mr Benn’s announcement doesn’t go far enough.
Earlier this year an inquest into the murder of her husband Seamus was halted before the Legacy Act came into operation in May.
While welcoming plans to address civil cases and immunity, Ms Dillon is disappointed by the British government’s approach to inquests.
“I think the British government buttered us up and promised the stars until they got in (to power), to me they turned their backs on victims,” she said.
“Why will they not let the truth out?”
Ms Dillon said she wants her husband’s inquest to go ahead.
“I want truth and justice,” she said.
Séana Quinn’s brother Dwayne O’Donnell, a member of the IRA, was one of four men killed during a loyalist attack at Boyle’s Bar in Cappagh in March 1991.
“As a first step, we welcome this announcement, however we will never accept the ICRIR,” she said.
“The British government needs to fully restore our inquests.
“Our family has fought hard to have our day in court and it’s a day in court that we want and deserve.”
Daniel Holder of the Committee on the Administration of Justice said the British government “intends to keep some sort of national security veto, and try and to recreate some sort of pseudo inquests in the ICRIR, rather than just reopen inquests now”.
“Root and branch reform to the ICRIR to produce a distinct institution is needed,” he said.
Mark Thompson from Relatives of Justice said the “devil will be in the detail of remedial order/s and any new legislation.
“As yet, it remains unclear what inquests will be put back on and whether or not powers will be restored to the attorney general to direct fresh inquests.
“One thing is very clear, the Legacy Act overall is so flawed to the point where it is irreformable.
“No amount of tinkering will fix it. It needs to go in its entirety.”
Sinn Féin MP John Finucane said the British government’s announcement falls short of its commitments to repeal and replace the act.
In a statement, a spokesperson for the ICRIR said: " We are fully committed to pursuing truth and justice on behalf of all those individuals who have come to the Commission in search of answers.
“Currently more than 100 people have placed their trust in us and that number continues to grow. We are determined to work with those individuals to achieve an outcome that fully addresses their concerns and are ready to respond in the same way to those who have yet to decide whether to approach the Commission.
“We welcome engagement with anyone who wishes to input to how the Commission can best work to serve all.”
