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Why new Troubles legacy deal is seen as a ‘once in a lifetime’ opportunity

Inquests halted by the Legacy Act will resume and the ban on Troubles-era civil cases will be lifted

Alan Brecknell: 'While this is a good start, now it’s about getting this done as quickly as it possibly can be done.' Photograph: Colm Lenaghan/Pacemaker
Alan Brecknell: 'While this is a good start, now it’s about getting this done as quickly as it possibly can be done.' Photograph: Colm Lenaghan/Pacemaker

Alan Brecknell’s first phone call should have been to his mother, Ann.

Her husband Trevor, Alan’s father, was only 32 when he was shot dead by loyalists in a south Armagh pub in 1975; he had been toasting the birth of his daughter, Alan’s sister, Róisín.

Mrs Brecknell died in July, aged 92, still fighting for answers about her husband’s murder. On Friday morning, Alan – who now works for the Pat Finucane Centre – was among the members of the North’s Victims and Survivors Forum briefed on the contents of the joint framework on addressing the legacy of the Troubles in Northern Ireland in advance of its official launch later in the afternoon.

“She would have been one of the first calls I would have made, and that’s the reality of how long it’s taken to get to where we currently are, that she’s passed away,” he said.

“If the Stormont House Agreement had been implemented [in 2014] ... we would have been a long way down through the list of deaths related to the Troubles, a lot of answers could have been provided to families and a lot of people who unfortunately have passed away.

“While this is a good start, now it’s about getting this done as quickly as it possibly can be done.”

What is on the table is a “step change” on legacy, according to Tánaiste Simon Harris. To quote the UK government, it is the fulfilment of its pledge to “repeal and replace” the “failed” Legacy Act by putting in its stead a mechanism that London and Dublin hope will finally deliver the answers bereaved families have for so long been seeking.

Its provisions are essentially a return to those of Stormont House; two separate bodies, one for information recovery and a Legacy Commission, which will have the power to carry out investigations capable of leading to prosecutions.

Inquests halted by the Legacy Act will resume and the ban on Troubles-era civil cases will be lifted, there will be independent oversight mechanisms, provision for the effective involvement of families and “six new protections and rights” for British army veterans – though in reality these will apply to all witnesses.

Both governments have committed to reciprocal co-operation with legacy investigations, while a dedicated legacy unit will be set up within An Garda Síochána to act as a single point of contact for cross-Border inquiries and to investigate Troubles-related incidents south of the Border. There will be a €25 million support fund for victims.

Legislation will be passed in both jurisdictions to fulfil the requirements of the framework.

“Obviously, the devil will be in the detail of the legislation that goes through Westminster and the Dáil, but we’re definitely in a better place than we were,” said Brecknell.

“It’s good to see the progress that has been made, and it’s good to see that they have listened to victims and survivors.”

He was one of many who emphasised that the framework and legislation will be carefully scrutinised.

As chief executive of the Wave Trauma Centre, Dr Sandra Peake, put it, in 30 years “I have sat with families with the RUC, the Police Ombudsman, the historical enquiries team and the PSNI legacy unit.

“Both governments will understand why victims and survivors will want to look very carefully indeed at the upcoming legislation and the structures and processes that emerge from it,” she said.

Brecknell was only seven when his father was murdered. Fifty years on, his family’s civil case was back in court on Friday, “and the update was going to have to be, Mrs Brecknell has passed away, can we take the case in someone else’s name?”

He quotes “the point was made by both the Tánaiste and the Secretary of State, this is a once in a lifetime opportunity. Don’t pass this on to the next generation.”

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Freya McClements

Freya McClements

Freya McClements is Northern Editor of The Irish Times