Prime Minister Boris Johnson told Parliament yesterday that his proposals to introduce an amnesty for paramilitary and state forces for historic Troubles-related murders would enable Northern Ireland to draw a line under the Troubles.
hat must be one of the most insulting single comments ever delivered to those bereaved by the conflict. They have lived with the pain of loss and the despair of not knowing why their loved ones were killed and now the frustration of realising that they will never receive justice by seeing the killers prosecuted and jailed, even if only for two years.
There is no chance that the bereaved will accept the proposals without challenge, even if local politicians, who all profess to be against the idea of an amnesty, appear to be toothless tigers unable to block proposed legislation which affects every sector of life in Northern Ireland.
And, as if the headline amnesty was not hard enough to swallow, the proposals also suggest an end to all legacy inquests and civil actions.
But there is hope for those bitterly opposed to the proposals. Queen’s University law professor Louise Mallinder, writing in the current edition of Fortnight magazine, argues that the proposals face substantial legal problems. The UK’s failure to meet obligations under the European Convention on Human Rights — violations of the right to life should be investigated independently, transparently, promptly and effectively — would expose the British Government to judicial scrutiny before national and the Strasbourg human rights courts.
Proposed alternatives to proper investigation of historic killings are unlikely to meet the UK’s obligations under domestic and international law.
In practical terms the UK Government would be seen — not for the first time — to have a disregard for the rule of law.
While the Prime Minister and the Secretary of State Brandon Lewis addressed their remarks to the people of Northern Ireland, they were fooling no-one.
Their real target were army veterans, senior army officers and their constituencies.
As Professor Mallinder pointed out the amnesty and weak nod towards truth recovery is a strategy by the Government to prevent the disclosure of information which would tarnish the narrative that the state forces were mere upholders of the law at all times.
Privately there are loyalist and republican killers who are delighted at these proposals which, shockingly, for the first time introduces a statute of limitation on murder. They have got away with murder thanks to the Government.