The UK government’s controversial Troubles legislation should not apply to Scotland unless concerns about it are addressed, the Scottish government has said.
It also “strongly” urged the British government to listen to the criticisms raised about the legacy Bill, particularly in Northern Ireland, and to amend it further.
The Scottish parliament voted on Wednesday to approve a recommendation by the Scottish government that consent for the Bill be withheld.
In a statement to The Irish Times following the vote, the Scottish government said the Bill “continues to cause concern in three main areas: victims’ access to justice, the independence of the lord advocate, and the secretary of state’s ability to legislate on devolved matters without the Scottish parliament’s consent”.
It added: “The Scottish parliament has agreed with our recommendation that consent is withheld for the Bill” and therefore the Sewel Convention “should mean the UK respects that decision and takes action to respond to the concerns raised, or not apply that legislation to Scotland”.
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Under the convention, the UK parliament will “not normally” legislate on a matter which has been devolved to the governments in Scotland, Wales or Northern Ireland without a legislative consent motion being passed by the relevant devolved institution.
However, the devolved governments cannot block legislation, and the UK government could amend the Bill to meet Scotland’s concerns or pass the legislation as it stands.
The Northern Ireland Troubles (Legacy and Reconciliation) Bill aims to “draw a line” under the past by replacing current methods of criminal and civil investigations and inquests with inquiries carried out by a new body with the power to offer perpetrators conditional immunity from prosecution.
The Bill is opposed by the North’s five main political parties, victims and human rights groups, the Irish Government, opposition parties in Ireland and in Britain, and internationally. It is supported by veterans’ groups.
The House of Lords last week backed an amendment to remove the “amnesty” provision, though this could be reinserted in the Commons.
A spokeswoman for the Northern Ireland Office said the UK government had been engaging with the Scottish government, the crown office and procurator fiscal service since the Bill was introduced and “as a result [we] have tabled an amendment at report stage in the House of Lords which underscores our recognition of the role of the lord advocate in Scotland”.
“It is disappointing that the Scottish government has withheld consent for this Bill, but we maintain that this UK-wide legislation represents the best chance of delivering better outcomes for those most affected by the Troubles, while helping society to look forward.”
Last week, in a report on the supplementary legislative consent memorandum, the Scottish parliament’s criminal justice committee said the UK government had “taken steps towards meeting some of the criticism levelled at the Bill” regarding the independence of the lord advocate as the head of the Scottish prosecution system, though it “continues to encroach” on her position.
The Bill “remains incompatible with the Scottish government’s views that those who have suffered during the Troubles are able to obtain justice and that those who committed offences during that time are appropriately held to account/punished”, it concluded.
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Mark Thompson from Belfast-based victims and survivors group Relatives for Justice said the Scottish government’s “refusal to consent to this immunity and amnesty” Bill is most welcome.
“They have clearly demonstrated that, unlike this Tory government, the protection of human rights and rule-of-law standards, and especially victims’ rights, in accordance with the ECHR, are paramount,” he said. “That they have adapted this principled stand is encouraging for victims.”
In a statement, the Welsh government said it had considered the Bill and “concluded a legislative consent memorandum was not required”.
“The devolution settlements for Wales and Scotland vary, resulting in legislative consent issues not always being the same for both,” a spokesman said.
