The UK authorities’s controversial Legacy Act can not “wipe away the tears” of struggling of Troubles victims in Northern Eire, a court docket has been informed.
Submissions in a authorized problem to the Northern Eire Troubles (Legacy and Reconciliation) Act at Belfast Excessive Courtroom concluded on Thursday morning after eight days.
Excessive Courtroom choose Mr Justice Colton mentioned it had not been a simple case and pledged to ship a ruling as quickly as he might.
The Act, designed to take care of the legacy of the Troubles, acquired royal assent in September regardless of widespread opposition from political events, victims’ organisations in Northern Eire and the Irish authorities.
Features of the legal guidelines embrace a restricted type of immunity from prosecution for Troubles-related offences for individuals who co-operate with the brand new Unbiased Fee for Reconciliation and Info Restoration (ICRIR).
The brand new Act can even halt future civil instances and legacy inquests.
The authorized problem, being introduced by various Troubles victims argued that the Act doesn’t adjust to human rights legislation.
Opening the proceedings final Tuesday, barrister John Larkin, KC, learn from the accounts of various Troubles victims whose instances had been heard collectively, together with Martina Dillon, whose husband Seamus was shot useless in Dungannon in 1997.
Bringing the proceedings to a detailed on Thursday, Mr Larkin returned to the accounts of the victims who introduced the case.
He mentioned all of them had distinctive experiences however shared “an agonising commonality” skilled by many individuals in Northern Eire.
Mr Larkin mentioned the victims had been on the “coronary heart of this case”. He then referred to a passage from Virgil, translated by poet Seamus Heaney as “there are tears in issues”.
He added: “The expertise of the Troubles yr by yr sadly confirmed and continued to substantiate that.
“Laws is usually incapable of guaranteeing that each one tears are wiped away, that isn’t merely attainable. However what the candidates collectively search is just not that laws wipe away their tears, however that laws won’t trigger them to weep once more and suggest, as this Act does, a reasonably vicious type of secondary victimisation by shutting out emphatically any prospect of redress, any prospect of justice.”
He concluded: “Your Lordship can cease that vicious secondary victimisation and we respectfully invite your Lordship to take action.”
Mr Justice Colton thanked all of the authorized representatives within the listening to.
He mentioned: “It isn’t a simple case, posing troublesome points, however I’ll give the case precedence and attempt to ship a judgment as quickly as I can.” – PA