Legacy investigative teams should not be able to rule on Northern Ireland's troubled past, says legal expert

By Ben Lowry
Published 18th Jan 2023, 01:58 BST
Updated 18th Jan 2023, 02:17 BST
The Legacy Bill will be debated in the House of Lords next week. Controversies over the new legislation have focused on the so-called 'amnesty' element, and ignored proposals to grant an investigatory commission so much power it could undermine the rule of law. Politicians need to “grapple with” the latter problem “immediately” ahead of the Lords debate, says Mr FarisThe Legacy Bill will be debated in the House of Lords next week. Controversies over the new legislation have focused on the so-called 'amnesty' element, and ignored proposals to grant an investigatory commission so much power it could undermine the rule of law. Politicians need to “grapple with” the latter problem “immediately” ahead of the Lords debate, says Mr Faris
The Legacy Bill will be debated in the House of Lords next week. Controversies over the new legislation have focused on the so-called 'amnesty' element, and ignored proposals to grant an investigatory commission so much power it could undermine the rule of law. Politicians need to “grapple with” the latter problem “immediately” ahead of the Lords debate, says Mr Faris
The new legacy bill needs “urgently” reviewed to stop investigators into the Troubles having too much powers, a legal expert warns today.

Neil Faris says controversies over new legislation to tackle the fallout from Northern Ireland's violent past have focused on the so-called 'amnesty' element, and ignored proposals to grant an investigatory commission so much power it could undermine the rule of law.

Mr Faris, a lawyer who previously in the News Letter warned about earlier legacy plans that were scrapped amid government fears they would vindicate terrorists, says the revised legacy proposals also need change.

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Mr Faris, in a three-part essay for this newspaper (scroll down for link), says the planned commission will have both “the police power to investigate crime” and a “regulatory power” to rule on alleged misconduct.

“These powers conflict with each other, the distinction between them is not recognised in the bill,” he writes. Amendment to the bill is “urgently required”.

“It is central to any concept of the rule of law that justice must not be tweaked to the demands of victims but must be truly even handed between alleged perpetrators and prosecutors,” Mr Faris writes, calling for politicians to “grapple with” the problem “immediately” ahead of a House of Lords debate on the bill next week.

• Neil Faris: Legacy will give excess powers to investigatory teams

• Editorial: Plans to tackle legacy again turning against state forces