A fierce legislative battle is brewing in the U.K. over efforts to reform the much-criticized Legacy Act, which the British government enacted two years ago to address crimes committed during the Northern Ireland conflict from 1969 to 1998.
The Labour government has introduced a Northern Ireland Troubles Bill, which is based on a joint framework with the Irish government and will make its way through Parliament in the coming weeks. Labour had promised to repeal the 2023 Legacy Act brought in by the previous Conservative government. Some Conservative MPs have opposed the repeal, arguing it would erode protections for former soldiers.
The intended repeal of the problematic law is welcome, but the new draft retains serious flaws. Most importantly, it still contains a sweeping “national security veto,” which allows the secretary of state to block disclosure of evidence. Several provisions also remain inconsistent with the U.K.’s obligations under Articles 2 and 3 of the European Convention on Human Rights. We work for Human Rights First, which has submitted detailed comments on both the framework and the bill.
Last month also brought new setbacks for families who have spent decades pursuing accountability for killings during Northern Ireland’s conflict.
On Oct. 23, the only British Army veteran ever charged in connection with the Bloody Sunday massacre was found not guilty of murder and attempted murder. Thirteen unarmed civil rights protestors were shot dead by British soldiers that 1972 January afternoon. Soldier F (his name is anonymized by court order) had faced charges for the killings of James Wray, 22, and William McKinney, 26, as well as the attempted murder of five others.
Judge Patrick Lynch, delivering the verdict to a packed Belfast Crown Court, said the evidence fell short of what was required for conviction. Still, he found that members of the Parachute Regiment had shot unarmed civilians and should “hang their heads in shame.” The judge said he had no doubt “the soldiers who opened fire did so with the intention to kill” and “did not act in lawful self-defense.”
Outside, Mickey McKinney — whose brother William was among those killed— spoke of the families’ enduring resolve. “We are filled with an incredible sense of pride,” he said, despite the outcome.
No one has ever been held criminally accountable for Bloody Sunday. The British government, which once refused to prosecute Soldier F, reportedly spent more than £4 million in public funds on his defense.
The acquittal comes less than two months after we wrote about the possibility of long-overdue justice in several legacy cases. That hope is now tempered by latest developments.
In September, Belfast Magistrates’ Court confirmed that one of four former soldiers charged with the 1972 murder of Patrick McVeigh had died before trial. “Soldier C,” a member of the covert Military Reaction Force, passed away over the summer, forcing the withdrawal of charges against him. The remaining three defendants — including another “Soldier F” — still face murder and attempted-murder counts, with proceedings adjourned until November. Any further delay risks justice for McVeigh’s family members, who continue to seek accountability fifty years on.
Legal progress is stalling in other matters as well. The coroner’s verdict into the 1972 killing of five people in Belfast’s Springhill-Westrock neighborhood inquest has been delayed again. And the Supreme Court has yet to rule on whether the government must hold a public inquiry into the 1997 murder of GAA official Sean Brown.
Meanwhile, Terms of Reference are being finalized for the public inquiry into the 1989 murder of solicitor Pat Finucane, a case Human Rights First has been working on since the last century. The appointment of Sir Gary Hickinbottom as chair in June marked real movement after years of obstruction.
On Nov. 4, Patrick Laurence O’Neill will appear again before the Court of Appeal. O’Neill was convicted in 1972 on explosives and ammunition charges. In April, the U.K.’s Criminal Cases Review Commission referred the case for appeal, finding a “real possibility” the conviction will not stand. The referral rests on evidence that O’Neill’s confession was extracted under torture — including Bitter Legacy, a report co-authored by Human Rights First and a panel of international legal experts. Human Rights First has also submitted a letter to the Court in support of O’Neill’s appeal, urging that his conviction be quashed.
With several cases, inquests, and legislative reforms still open, the coming months will show whether the British Parliament has the political will to deliver long-overdue truth and justice in Northern Ireland.
