British government's shameful Legacy Act will be challenged

When the British government first announced its intention to legislate on how we deal with our past, it was abundantly clear that the intention was cover-up and letting British state forces and their proxies off the hook for crimes committed here.

It was, and remains, a heartless and cruel attempt to block heartbroken victims and families from ever getting justice through the courts.

My family and I have joined with hundreds of other victims and families in raising their concerns time and again about the British government’s shameful Legacy Act which is in flagrant breach of domestic and international law.

We have been joined by the Irish Government, all political parties on the island, leading churches, human rights bodies and experts, as well as bi-partisan opposition on Capitol Hill in the US, and from key figures in the EU and UN.

All these calls have fallen on deaf ears in British government circles, and they have instead railroaded through this disgraceful legislation against all wishes.

And since this legislation was first introduced, we have seen a consistent and ongoing trend of state bodies tactically delaying inquiries. Sinn Féin have consistently said that a consequence of the British government’s shameful Legacy Act was to incentivise state bodies to ‘run down the clock’, and to avoid their legal duties in our courts.

We have also witnessed state interference in inquests and investigations to hide information from families. These interventions were highly unprecedented.

Examples include the families of Sean Brown, Fergal McCusker, Seamus Dillon, Coagh and the McKearney and Fox families.

It is essential in any democracy that judicial processes are free to carry out their duties independently, free from state interference.

Moreover, the same British Secretary of State who has stepped in to deny families finding out the truth of what happened to their loved ones has given himself the power to rule on whether a public inquiry should be granted. This is deeply concerning.

In the cases above, it is believed British state forces were involved in collusion, and the British government subsequently stepped in to deny families any form of truth and justice.

Recent examples from our courts have shown the police and the NIO to aggressively apply to prevent even a summary of intelligence material, a “gist”, being provided to families.

Bearing in mind that a ‘gist’ is only a summary of the file’s content, it is disgraceful that the PSNI, 25 years after its formation, is still refusing to disclose information about RUC actions a generation ago.

It’s clear this act was designed to cover up the British government’s shameful actions in Ireland. The Legacy Act was designed to protect British soldiers and agents, block the rights of families and halt any legal processes.

The shutting down of legacy inquests and investigations continues to have a very real and human impact on families. Heartbroken families have been fighting for many decades, determined to get the truth and justice for their loved ones.

This new law will deliberately inflict pain to protect the selfish interests of the British government and their state bodies. It will undermine the rule of law, cover up the truth and deny justice to victims and families. But make no mistake, this does not represent the end.

Families will continue to fight tooth and nail to get the bottom of what happened to their loved ones. Courts have already ruled that part of this legislation is unlawful with further examinations to take place, heading all the way to the Supreme Court.

The Irish government’s interstate case is a welcome step for victims and families in challenging the act. Families should not have been forced to take individual legal actions against this act, and this action by the Irish government will now complement these challenges.

I welcome comments from the British Shadow Secretary of State that he intends to ‘repeal and replace’ the Legacy Act if Labour are in office after the next British General Election. This commitment is one which requires action should they lead the next British government. They have an opportunity to implement a system which is fair, transparent and places families’ needs at the heart of a system that for so long has frustrated them.

Ten years ago, political parties and the Irish and British governments signed up to the Stormont House Agreement which included human rights mechanisms to properly deal with legacy issues and to deliver truth and justice that families have long sought. They did this in consultation with victims and families.

This is not the case for the Legacy Act which was railroaded through without any input from families, and the public opinions they did express were disregarded by the cruel and heartless Tory administration.

The legacy mechanisms agreed at Stormont House by the two governments and political parties in 2014 should be fully implemented without delay.

Families will not give up in their dignified and steadfast campaigns for truth and justice, and this energy will always endure. They are used to achieving truth and justice always in spite of, and never because of, the actions of the British government and their commitment continues to inspire all of us.

Sinn Féin will always stand with these families, now and in the future.

John Finucane is the Sinn Féin MP for North Belfast