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Members of Parliament have voted to remove a provision from the previous Conservative government’s legacy act that offered conditional immunity from prosecution for crimes related to the Troubles era.
The controversial clause had previously been deemed unlawful and faced opposition from Northern Ireland parties and victims’ advocacy groups.
The measure would have allowed individuals to avoid prosecution for Troubles-related offenses in exchange for providing information about unresolved cases.
Northern Ireland Secretary Hilary Benn stated that regardless of the previous legislation’s intent, it had “fundamentally failed.”
MPs were also asked to support the removal of the bar on future legacy compensation cases.
Benn explained that the prior government had chosen to legislate amnesty for both veterans and perpetrators with the aim of drawing a line under the past, but in doing so, had created a lack of “trust” among all communities in Northern Ireland.
He presented a remedial order to the Commons on Wednesday evening, which MPs approved by a vote of 373 to 106.
In a separate development, the Labour government is in the process of repealing the previous legacy act and replacing it with new legislation currently under consideration in Parliament.
The new legislation includes a legacy commission, originating from the Independent Commission for Reconciliation and Information Recovery (ICRIR), that will provide independent oversight.
The government has stated that the agreement includes a package of protections for veterans, including “protection in old age.”
Some Conservative backbenchers have urged the government to provide immunity from prosecution for those who served in the armed forces.
However, Sinn Féin’s vice-president and Northern Ireland First Minister Michelle O’Neill expressed “concern” about any potential government reversal on commitments to victims and survivors through special treatment for veterans in new legislation.
Benn told MPs that the government disagreed with immunity “as a matter of principle” and that members of the armed forces must adhere to the rule of law.
Shadow Northern Ireland Secretary Alex Burghart noted that while the Conservative Party’s legislation lacked cross-party support, the current legislation also lacked “party support… in Northern Ireland.”
“There are plenty of people in Northern Ireland who would like to move on and respect the decision to draw a line,” he added.
Democratic Unionist Party leader Gavin Robinson said his party would not vote for the remedial order, citing a variety of reasons.
He questioned the source of additional funding for future Troubles-era civil actions, which will be able to resume as a result of the remedial order.
“The secretary of state lectures Northern Ireland continually about living within our budget,” he said.
“He has expanded the scope of the legacy investigations exponentially… has he suggested for one moment he is going to increase the budget available? No.”
“Is he going to pick up the tab?”
“The decisions being made by this chamber now and in the future… have a material impact on our ability to move onto the future.”
The Police Service of Northern Ireland is already facing numerous civil litigation and compensation claims linked to the Troubles.
Social Democratic and Labour Party leader Claire Hanna stated that the decision to end the immunity clause “goes some way to restoring the rule of law to legacy processes,” but that it was only the beginning of creating a space for truth and justice.
Alliance MP Sorcha Eastwood supported the decision to pass the remedial order, asserting that the UK should not “lower its standards.”
“We should be able to stand by the rule of law wherever we are deployed… we should maintain it and we should not lower our standards because we worry about the standards of terrorists and the evidence available to them,” she said.
Ulster Unionist Party MP Robin Swann was among those who questioned the timing of the remedial order, calling for it to be delayed until ongoing legal appeals against parts of the legislation have concluded.
Traditional Unionist Voice leader Jim Allister said Labour’s move was driven by “one thing and one thing only – appeasing the government of the Irish Republic which wants to drag this United Kingdom before the bar of the European Court of Human Rights.”
“It’s not that it’s to cease to implement laws with which they disagree because those aspects of the previous legacy act are already removed from effectiveness,” he said.
Independent MP for North Down Alex Easton said he had “deep concerns” about the new legacy framework being proposed by the British and Irish governments.
Michelle O’Neill was speaking as plans for an Irish language anti-racism week were revealed.
Incoming UUP leader Jon Burrows is invited to talks with the DUP on unionist co-operation.
The first minister says the executive is “obliged to do all it can” to agree a longer-term budget.
Gavin Robinson made the remarks after the prime minister suggested amending the bill to give veterans greater safeguards.
Ministers have failed to agree a multi-year budget since 2011.
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