The British government has dropped plans for a blanket amnesty for Troubles-related offences in favour of legislation requiring individuals to apply for immunity from prosecution.
Only those who co-operate with a new Independent Commission for Reconciliation and Information Recovery will receive a guarantee that they will not be prosecuted.
The Northern Ireland Troubles (Legacy and Reconciliation) Bill sets out the British government's legislative programme for the next year. An earlier proposal to block prosecutions and other legal actions for Troubles-related crimes was opposed by all parties in Northern Ireland and by the Irish Government.
The British government stopped short of pledging to take action on the Northern Ireland protocol in the queen’s speech.
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British prime minister Boris Johnson spoke to Taoiseach Micheál Martin in advance of the speech, in a call that is understood to have featured disagreements between the two men in relation to the protocol.
In a statement, Downing Street said Mr Johnson said the “balance of the Belfast (Good Friday) Agreement was being undermined and the recent elections had further demonstrated that the Protocol was not sustainable in its current form.”
The queen's speech, delivered on Tuesday morning by Prince Charles because Queen Elizabeth was experiencing "episodic mobility problems", said: "The continued success and integrity of the whole of the United Kingdom is of paramount importance to Her Majesty's government, including the internal economic bonds between all of its parts. Her Majesty's government will prioritise support for the Belfast (Good Friday) Agreement and its institutions, including through legislation to address the legacy of the past."
The British government said in a note accompanying the announcement: “The government has listened carefully to a range of views on the original proposal and it is clear that a model where immunity is only provided to individuals who co-operate with the new commission provides the best route to give victims and their families the answers they have sought for years as well as giving our veterans the certainty they deserve. This still leaves open the route of prosecution if individuals are not deemed to have earned their immunity.”
The new commission would enable individuals and family members to seek and receive information about Troubles-related deaths and serious injuries and will produce a historical record of what is known about every Troubles-related death.
The legislation also provides for the delivery of an oral history and the memorialisation of the Troubles, securing the long-term preservation of existing oral history collections, with new physical and digital resources “to maximise public engagement with different narratives and Troubles-related stories”.
Northern Ireland Protocol
Meanwhile, Tánaiste Leo Varadkar has warned that British prime minister Boris Johnson and secretary of state Brandon Lewis need “to be wise to the fact” that 60 per cent of the recently elected MLAs in Northern Ireland do not want the Northern Ireland Protocol to be scrapped.
“I think it’s important we have the voice of Northern Ireland” in any discussions about resolving the current stand-off, he told RTÉ radio’s News at One. No one party won the Assembly election. The best way to address the current situation was for a new Executive to be formed.
Mr Varadkar said it was important to have the voice of Northern Ireland in any discussions on modifications to the Protocol, which was why an Executive needed to be formed.
The Protocol was an international agreement which was there to protect the all island economy, any changes to it could not be unilateral. The UK had to honour the agreement. It was one thing “to go sabre rattling”, it would be “very serious” if the UK were to “go down that route”, said Mr Varadkar.
The UK government had “a moral responsibility” to abide by their word, he said.
When asked if there would be involvement from Dublin or London, in such discussions, Mr Varadkar said that yes, he would open to this when it was appropriate. The Protocol had been presented to the British people “as an oven ready deal” and they could not step away from that.
The Tánaiste welcomed news in the Queen’s speech that plans for a blanket amnesty had been scrapped. Anything that could be done to support victims’ groups was welcome, he said.
Irish language
The British government will also deliver a package of measures on language and culture in Northern Ireland.
The Identity and Language (Northern Ireland) Bill creates a new Office of Identity and Cultural Expression and two new commissioners – an Irish language commissioner and a commissioner "who will enhance and develop the language, arts and literature of the Ulster Scots and Ulster British tradition in Northern Ireland" – to be appointed by the first minister and deputy first minister of Northern Ireland.
The Bill will provide official recognition in law for the Irish language in Northern Ireland and repeal the Administration of Justice (Ireland) Act 1737 which forbids the use of any language other than English in court proceedings. Equivalent acts in England and Wales were repealed in 1863.
The language and identity measures were part of the New Decade, New Approach deal that restored the Executive in 2020, but the Democratic Unionist Party refused to introduce them in the Assembly.
“In view of the Executive’s inaction in bringing forward legislation to deliver on the identity and language commitments, the UK government has committed to do so,” the British government said.
In a statement following the call between Mr Johnson and Mr Martin, Downing Street said that Mr Johnson “made clear that the situation in respect of the Northern Ireland Protocol was now very serious”, suggesting that the “balance of the Belfast (Good Friday) Agreement was being undermined and the recent elections had further demonstrated that the Protocol was not sustainable in its current form”.
It is understood that the call was difficult and tetchy at times.
In a brief tweet, Mr Martin said that he had “stressed need to intensify EU and UK discussions, and to avoid any unilateral action.”
But it is clear that the British government is now once again contemplating unilateral action on the protocol.
The Downing Street statement after the call said: “Despite repeated efforts by the UK Government over many months to fix the Protocol, including those sections related to the movement of goods and governance, the European Commission had not taken the steps necessary to help address the economic and political disruption on the ground.
“The Prime Minister reiterated that the UK Government would take action to protect peace and political stability in Northern Ireland if solutions could not be found”.
Pessimism
The call comes amid deep pessimism in Dublin about the approach by London to the protocol. Discussions on the future of the protocol are due to recommence shortly between the EU and the UK government, with officials in Dublin expecting a difficult few weeks and months.
Earlier Sinn Féin’s deputy leader Michelle O’Neill and DUP leader Jeffrey Donaldson spoke to Mr Johnson as efforts continue to avoid deadlock at Stormont and form a new Executive following last week’s election.
Ms O’Neill, who is due to be nominated as Northern Ireland’s first minister on Friday, said on social media that she had emphasised to Mr Johnson that it was “time to form an Executive now”.
She said that during her call she told him “the DUP’s refusal to form an Executive is punishing the public, leaving workers and families high and dry” and “the public here can’t be a pawn in the British government’s game of chicken with the EU.”
Mr Donaldson said he had “reiterated our position that we cannot nominate to an Executive until decisive action is taken on the protocol”.
Speaking to reporters after the queen’s speech, Mr Donaldson reiterated that without “decisive action” on the protocol from the UK government, he will not nominate ministers to a new Stormont Executive.
Mr Donaldson insisted that “words in themselves will not fix this problem” after the Government stopped short of pledging to take action on the protocol in the queen’s speech.
“Until we see that decisive action we won’t be moving on the political institutions,” he told reporters. “I want that to happen quickly; it must happen quickly. It’s in the interests of everyone that we get this sorted out, we find a resolution, and then we can move forward.” Speaking to reporters after the Queen’s speech the DUP leader Jeffrey Donaldson reiterated that without “decisive action” on the Northern Ireland Protocol from the UK Government, he will not nominate ministers to a new Stormont executive.
Mr Donaldson insisted that “words in themselves will not fix this problem” after the Government stopped short of pledging to take action on the protocol in the Queen’s Speech.
“Until we see that decisive action we won’t be moving on the political institutions,” he told reporters. “I want that to happen quickly; it must happen quickly. It’s in the interests of everyone that we get this sorted out, we find a resolution, and then we can move forward.”
The speech contained a commitment to “take all steps necessary” to protect Northern Ireland’s place in the UK internal market. However, there was an emphasis placed on talks with the EU to find a resolution.
The speech contained a commitment to “take all steps necessary” to protect Northern Ireland’s place in the UK internal market. However, there was an emphasis placed on talks with the EU to find a resolution. – Additional reporting: PA
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