The Secretary of State, , has outlined his determination
to deal with the legacy of the past in Northern Ireland.
Acknowledging and addressing the suffering of victims and
survivors of the Troubles was one of the aims of the Good Friday
Agreement, but it is all too clear that for many of them and
their families this task remains incomplete.
I have met and corresponded with many people who lost loved ones
or were injured themselves. They have described to me the trauma
they have lived through, made much worse by the lack of answers
or of acknowledgement of what happened.
And I know that many are rightly angry about the previous UK
Government's Legacy Act. In Opposition, we said we would repeal
and replace the Act. In Government, we remain steadfastly
committed to doing so. That work is well underway.
Last month, I began this process with the introduction of a
proposed draft Remedial Order which will remove a number of the
Act's provisions that have been deemed incompatible with the
European Convention on Human Rights, including ending the
widely-opposed immunity scheme and restoring the right to pursue
civil cases. There are complex issues to be worked through,
including in relation to legal rulings on interim custody orders,
and all of these are now before Parliament for scrutiny over the
next few months.
I also confirmed that I will restore inquests, starting with
those that were previously halted by the Legacy Act, and put in
place a fairer disclosure regime like that in public inquiries.
Everybody I have spoken to agrees that there needs to be a means
of conducting investigations and of recovering information. And
we do now have - for the first time - an independent judge-led
Commission, responsible for doing both these things.
I am the first to acknowledge that the legislation that
established the Commission needs to be changed and I appreciate
why, after all these years, and given the origins of the Legacy
Act, there is scepticism about it. I know that reforms will be
needed to secure the confidence of families. But a growing number
of requests for investigations and information are now being made
to the Commission - over 120 at the last count - and the Northern
Ireland Courts have been clear that it has the powers it needs to
carry out independent, human rights-compliant
investigations.
What's more, the legislation I will propose will ensure that the
Commission is, in specific circumstances, able to hold public
hearings, take sworn evidence from individuals, and ensure
families have effective representation.
One of the advantages of having the Commission is that it can
quickly get to work. It has a growing team of dedicated
investigators, including the former senior investigator at
Operation Kenova. The Commission also has full police powers to
help find answers without the long years of waiting that are
often involved with public inquiries, which must establish staff,
premises and processes from scratch.
There are a number of families, including the family of Sean
Brown, whose inquests were brought to a premature end, and who
continue to experience great pain and suffering. For each of
these families, I want to ensure that there is a full, thorough
and independent investigation into the death of their loved one
as soon as possible.
I urge all those still searching for answers, for justice or for
acknowledgement of what happened, to talk to the Commission to
hear and discuss what they propose - knowing that the Government
will strengthen it in our forthcoming legislation.
The complexity and sensitivity of dealing with the legacy of the
past means trying to build as broad a consensus as possible - as
envisaged in the Stormont House Agreement. I am determined - with
the help of all interested parties, including the Irish
Government - to achieve this.
Nothing will ever ease the pain that so many families endure to
this day. But we must do all we can to help society in Northern
Ireland, which has come such a long way since 1998, to finally
begin to heal the terrible wounds of the past and look to a
better future together.
This article was also published in the Irish News on
Saturday 18 January.
