Troubles commission chief urges end to ‘unwarranted attacks’ on its independence

The head of a new Troubles truth and investigation commission has urged an end to “unwarranted attacks” on the body’s independence.

Sir Declan Morgan, who is chief commissioner at the Independent Commission for Reconciliation and Information Recovery (ICRIR), insisted a ruling by the Court of Appeal in Belfast had “clearly and unequivocally” endorsed its independence.

On Friday, the Court of Appeal part-allowed an appeal taken by several Troubles victims against the ICRIR, which was created by the last government’s contentious Legacy Act.

The appeal was mounted after High Court judge Mr Justice Colton ruled in February that the legislation underpinning the commission did not contravene human rights laws and the body could undertake effective investigations of Troubles murders.

The three Court of Appeal judges ruled that a Government veto power over what sensitive material can be disclosed to bereaved families by the commission is incompatible with human rights laws.

They also found that the work of the commission also does not provide victims and their next of kin adequate means to participate in its processes.

However, other grounds of the appeal taken by the victims were dismissed, including the challenge over its operational independence.

The judges rejected the contention that the operational structure of the ICRIR lacked independence, noting that Government involvement in the appointment of its commissioner or its funding arrangements was “not unlawful or unusual”.

Sir Declan, in a letter published in Tuesday’s Irish Times, argued that element of the judgement was significant.

“Firstly, the appeal court clearly and unequivocally declared that the ICRIR is an appropriately independent public authority, both operationally and organisationally, endorsing Mr Justice Colton’s previous High Court judgment in that regard,” he said.

Sir Declan said the court had also endorsed the ability of the commission to require production of all information necessary to deliver effective investigations.

He added: “This is a determination which now should be respected by all. It draws a line under the unwarranted attacks against the commission’s independence, staffed by professional and dedicated public servants from every community background.”

While the court acknowledged the commission’s powers to access the materials it requires to carry out reviews, it raised concerns about its ability to disclose such information to families.

The judges found that the Legacy Act is incompatible with the European Convention on Human Rights (ECHR) in relation to the power held by Northern Ireland Secretary Hilary Benn to prevent the commission disclosing sensitive state files to bereaved families.

Sir Declan, who is Northern Ireland’s former lord chief justice, said the commission had been consistently highlighting the need for “improved and enhanced operating legislation” to overcome the “deficiencies” in the current Legacy Act.

He said the ICRIR would welcome “more legislative clarity about our powers”.

The chief commissioner added: “Dealing with the legacy of the past in Northern Ireland has been contested and delayed.

“Achieving the confidence of the community, particularly those victims, survivors and families who have been let down and disappointed for so many years, requires commitment and delivery.

“Getting answers to provide the unvarnished truth is critical if we are to promote reconciliation. Promoting rights-based reconciliation is fundamental if young people are to understand the brutality and horror of settling differences through violence.

“We will continue endeavouring with the British Government, the Irish Government, all sides of the community, and particularly victims, survivors and families, to deliver this objective.”

The ICRIR was set up in May under the Legacy Act.

Many families who lost loved ones during the conflict claim the commission lacks the teeth and independence to properly re-examine their cases.

One of the most controversial provisions of the Act was the offer of a form of conditional immunity to perpetrators of Troubles crimes who agreed to co-operate with the new truth recovery commission.

The Labour Government has already committed to repeal the immunity provision and also the Act’s ban on civil cases and inquests related to Troubles incidents.

It has, however, pledged to retain the ICRIR.

Mr Benn has maintained that stance despite Friday’s judgement.

The Labour MP has said he sees no point in abolishing the commission just to replace it with a similar body that carries out the same functions.

But he has pledged to “reform” its structures to ensure its compliance with the ECHR, but has not yet confirmed whether the Government will seek to appeal the judgment.

On Tuesday, Mr Benn told BBC Radio Ulster: “I am committed to reform it, and I am in the middle of a process of discussions with all those who have an interest – victims’ groups, the political parties and others – to try and reach agreement on how we can find a way forward.”