Tyrone recoils as Westminster passes controversial Legacy Bill

DESPITE being opposed by virtually all sides of the political prism here in the North, the British Government’s controversial Legacy Bill was passed by a vote in Westminster last week.

A bid by the House of Lords to make changes to the bill was voted down, 288 to 205.

This represents another crucial step in the British Government’s effort to ‘draw a line under the events of the past in Northern Ireland’.

It takes a special problem to unite people and politics here, however, ever since it was first proposed, Northern Ireland has vehemently opposed the Legacy Bill, with a seldom-seen togetherness.

The bill will return to House of Lords this week, before going for royal assent – a formality which has not been denied to a bill backed by a British Government since 1708.

Taoiseach Leo Varadkar has said the Irish Government hopes to launch a legal challenge against the bill through the European Court of Human Rights.

However, whether Varadkar’s administration will be fit to establish grounds upon which to make their case remains to be seen.

Once the bill is okayed by Buckingham Palace – assuming it does not face opposition from the courts in Strasbourg – it will make it impossible for victims’ families to seek legal accountability and justice for their loved ones.

The bill will mean no new cases or inquests into serious ‘Troubles-related’ offences will be opened, as well as creating provisions to grant conditional amnesty to members of paramilitaries and the security forces accused of murder.

To get a sense of the disgust and indignation triggered across Tyrone by the now probably-imminent enactment of the Legacy Bill, the Tyrone Herald spoke with local politicians, justice groups, and, most importantly, the families of victims killed during the 50-year conflict.

‘What about our human rights?’

Denise Mullen is daughter of Denis Mullen, who was murdered by the UVF in his home near Moy in 1975. Prolific Portadown-born killer, Garfield Beattie was convicted of his murder, but Mr Mullen’s daughter says agents of the state, who she believes colluded to have her father murdered, should also be held to account.

“I was just a child when 50 years ago my father was shot dead by loyalists – and my mother narrowly escaped 13 bullets – at our home outside Moy,” began Denise. “Am I happy with the Legacy Bill? Of course I am not.”

Denise is currently involved in the process of trying bring to justice those she believes colluded to have her father killed. The Legacy Bill will mean any hopes Denise has of getting the British Government to admit the part they played in her father’s murder will be lost.

“I do not want to re-prosecute people who have already been convicted (including infamous loyalist killer, Garfield Beattie). I want to get those who haven’t. And just as evidence of collusion is really starting to stack up, this Legacy Bill is just about to slam the door shut in our face.

“This shameful bill means that my family will never be afforded the opportunity to find out who authorised my father’s murder.

“What about our human rights?” asked Denise.

“After every conflict it is normal to examine the crimes that were committed during it. But why not with the Brits? What are they hiding? Obviously, there is something, or else why would they bother going to all this trouble to bury the past?

“It seems clear to me that this is just the British state protecting itself.”

Denise said she feels let down by local MPs and MLAs.

“They are not doing enough. They should be shouting from the rooftops, liaising with MPs in Westminster, but I don’t see this happening.

“I have met Micheál Martin twice and he assured me that the Irish Government would oppose the Legacy Bill through the European courts, but it seems like time is running out fast.

“I am afraid the moment has passed to stop this shameful bill from becoming law.”

‘The ultimate betrayal of victims’

Serena Hamilton is the daughter of David Graham, an off-duty UDR man who was shot dead in Coalisland in 1977. Nobody was ever convicted.

“46 years and not a day goes my that I don’t think about my father. The Legacy Bill is the utmost ultimate betrayal of victims by the British Government,” began Ms Hamilton.

“They are justifying murder – they are saying it is okay to go out and commit murder.

“It is absolutely disgusting. They are giving perpetrators – terrorists – more rights than victims.

“The government can try wash its hands of all the killing that happened here for 50 years, but I have to live every day with what happened to my father, and the fact the people who killed him never had to pay the price of their actions and still probably walk the streets today.

Ms Hamilton continued, “It makes a mockery of the Good Friday Agreement, too, which laid out that perpetrators should serve two years for what they done.

“Is this supposed to be the price of peace? Victims and their families get nothing, while terrorists are elevated to the rank of statesmen?

“I always knew getting justice for my father, would be hard, but nobody should take away my right to seek it.

“But I won’t stop searching for justice, no matter what the Legacy Bill says. I do not know how yet, but I won’t.

“I will make sure my father is never forgotten.”

‘The Government is not listening to us’

Clive Eagleson is the son of John Eagleson, an RUC reserve constable who was killed by the IRA outside Cookstown in 1982, for which nobody has ever been prosecuted.

“The fact that the Legacy Bill is totally wrong is about the only thing everyone here can agree on,” began Mr Eagleson.

“I think it is ridiculous that the Government think they can just draw a line under everything that happened, without anybody being held to account.

“The Prime Minister did not have to walk behind his father’s coffin at the age of 13, I did. He does not know what that feels like, I do,” said Mr Eagleson.

“The Government is supposed to be the custodian of law and order. That is all we victims want, law and order. But they won’t listen to us.

“It is 40 years since my father was killed and I live with his murder every day and the pain never goes away. But things like this just make it worse – when you’re own Government just want to ‘draw a line under’ your pain.

“What the whole thing tells me is that we don’t matter, and my father’s memory does not matter.

“Look, we did not go looking for this grief, it was brought to us.

“We all had choices, and some people made the wrong choices, and they should pay for the pain and hurt that they brought onto others – the pain and hurt they brought onto us.”

‘The latest in a series of bitter blows’

DUP West Tyrone MLA, Tom Buchanan, said the passing of the Legacy Bill was a “dark day” for innocent victims.

He said, “The Government’s decision to railroad through these proposals in the face of unanimous opposition in Northern Ireland was abhorrent.

“Granting immunity to those responsible for some of the most horrific violence and human rights abuses is not only an affront to justice but the latest in a series of bitter blows handed down to innocent victims of terrorism and their families. This bill plays into the hands of those who want to airbrush the past, by drawing a moral equivalence between terrorists and dedicated public servants in the police and security forces.

“We will continue to stand with victims and will never alter our position that access to justice must always be open. The voice of those who opposed this legislation will not disappear but will continue to be heard. We will seek any opportunity to ensure that truth and justice can be secured.”

‘Closing the door on families getting justice’

Sinn Féin West Tyrone MP Órfhlaith Begley claimed the Legacy Bill has “closed the door” on families ever getting truth and justice.

She said, “It is absolutely cynical and cruel that the British Government is forcing this bill through despite clear opposition from victims, all the political parties in this island, human rights experts, churches, the US, UN, EU and the Irish Government.

“Sinn Féin will continue to stand with the families in their campaigns for truth and justice, many of them who have been campaigning with dignity and determination for five decades.

“The British Government has reneged on an international agreement to implement the legacy mechanisms agreed at Stormont House by the two Governments and political parties in 2014 in a human rights’ compliant manner.

“I am calling on the Irish government to confront this denial of human rights and breach of international human rights law through an interstate case and international action against the British Government.”

‘No-one should be offered immunity without owning the crimes committed’

Kenny Donaldson is director of SEFF, a victims’ support group that helps many people affected by the Troubles across Tyrone.

He said, “The UK State has effectively relinquished their responsibility in overseeing justice being pursued for pre-1998 ‘Northern Ireland Troubles’ crimes. It is regrettable that they were not willing to accept the very reasonable amendment… which would’ve ensured that victims/survivors could feel somewhat empowered.

“A core reason why we do not support the bill is that should a victim/survivor approach the ICRIR body seeking information then they have effectively given their consent for the perpetrator to receive immunity. Power is taken away from them, they are not part of the arbitration process and that is wholly unacceptable.

“No-one should be offered the prospect of immunity without owning the crimes they have committed, of expressing remorse and of making redress through demonstrating a commitment to peaceful and democratic principles.

“If this framework were in place, then there is potential for peace with substance to be built.

“Undoubtedly there will now be a range of legal challenges which will now follow, and there is also potential for the Irish State to intervene (although in failing to deal with that state’s own legacy, their position to do so is substantively weakened) and then there is the potential for the UK Labour Party to repeal the bill should they come to power.

“However, we are clear that should this happen that the Labour Party have no unilateral right to impose an alternative structure, there will be a need for fresh discussions with victims/survivors. IVU is the largest umbrella organisation with 24 member groups (serving over 14,000 individual victims/survivors) and no solution which fails to secure our support has credibility,” Mr Donaldson added.