Derry Families Welcome Court of Appeal's decision on legacy body

Family members of Derry victims in the Troubles have welcomed a Court of Appeals decision to find a government veto power over what sensitive material can be disclosed by a new Troubles investigative commission as unlawful.

The work of the Independent Commission for Reconciliation and Information Recovery (ICRIR) also does not provide victims and their next of kin adequate means to participate in its processes, the appeal court judges in Belfast ruled.

Tony Brown, the uncle of Paul Whitters, welcomed the court’s decision.

Paul Whitters, 15, died in hospital 10 days after being struck on the head by a baton round fired by a Royal Ulster Constabulary (RUC) officer in Derry in April 1981. 

He said: “We are firmly of the view now that the family's decisions not to be willing to cooperate with the commission has been vindicated today.

“We are certainly now slowly moving back to appreciating the rule of law, and people can go before a court, present their case, present evidence, cross-examine witnesses, and hopefully get a just decision out of it. That was advanced today.

“While we welcomed the rulings today, we still have lots of hurdles to climb just yet.

“I view today as a significant step in the right direction, and I just hope those in the legal establishment that were supporting the commission are now back to requesting proper investigations and inquests where families can go in with legal representation and cross-examine witnesses and weigh up evidence, and there ought to be a role for an ombudsman. 

“I think we need an international dimension to deal with Legacy because it hasn’t been treated adequately to date.”

The Court of Appeal part allowed an appeal taken by several Troubles victims against the body created by the last government’s contentious Legacy Act.

The appeal was mounted after a High Court judge ruled in February that the commission did not contravene human rights laws.

The Court of Appeal allowed the ground that argued that the commission is incompatible with human rights laws in relation to the power held by the Northern Ireland Secretary to withhold sensitive state files from bereaved families.

The judges also found that the commission’s process did not allow for sufficient participation by relatives and their legal representatives.

But the Court of Appeal judges dismissed some grounds of the appeal, such as the fact the commission is bound by a five-year time limit on accepting investigation requests.

Mr Brown said he lost faith in the current government, when Secretary of State, Hilary Benn, said that he wished to make the commission more independent.

He said: “The specific reason I am saying that is, the commission was imposed on the population here by the Tory government. I, along with thousands of other people, took part in the consultation process for the Stormont House agreement.

“The commission was imposed on us, with the Labour government in power. Within days of taking over, Hillary Benn said he was going to maintain the commission and at the same time he was going to consult. He had his mind made up, and then he was going to consult.

“I personally would seriously question its independence when you have former security personnel on that commission, supposedly in the position to make independent judgments on behalf of families. Some of us are waiting 30 years plus for justice.

“So I would certainly have no faith in what was proposed.”

Phyliss Kealey, daughter of Sean Dalton, has also welcomed the court decision and shares Mr Brown’s lack of trust in the government.

Sean Dalton was one of three neighbours killed in a 1988 IRA bomb in Derry, as they went to check on a neighbour kidnapped earlier by the IRA, becoming known as the "Good Samaritan bombing".

At the time, the IRA apologised for killing the civilians, saying that the device was intended to kill soldiers.

In 2013, a Police Ombudsman report found RUC officers had information about an IRA booby-trap bomb at a house in the housing estate but did nothing to warn residents of the possible danger.

Mrs. Kealey said: “There is a complete lack of trust.

“There will always be a concern as the government has promised to repeal the act, but they haven’t.

“We won’t be engaging with the ICRIR; our family believes the process and the organisation are not independent.

“Being with families in the same position gives you strength and support.

“You have to believe truth and justice will come.

“I suppose it is really acceptable that the court agrees with what we are thinking.”

Grainne Teggart, Northern Ireland Deputy Director for Amnesty International UK, spoke about the judgement. 

She said: "Today is an important victory for victims. The court has spoken loud and clear that core parts of the Independent Commission for Reconciliation and Information Recovery (ICRIR) are unlawful. 

“From the outset, we and victims have raised our significant concerns with the ICRIR, a deeply flawed body created and curated by the last government.

"All eyes are now on the Secretary of State. We urge him to ensure the Troubles Act is repealed in full and that the ICRIR is replaced.

"Hilary Benn should return to the Stormont House Agreement and build from a strong human rights foundation."

Gavin Booth of Phoenix Law said: “There’s only so much lipstick you can put on a pig. The ICRIR has to go!”

The ICRIR’s chief commissioner is Northern Ireland’s former lord chief justice Sir Declan Morgan.

Responding to the judgement, the Derry native said: “It is a matter for the Secretary of State to respond to the judgement. The Commission has already welcomed his proposal to further enhance our independence and would welcome additional steps by him to address the issues identified by the court.

“I look forward to continuing the search for answers for victims, survivors and families.”