Writing in NLJ this week, Andrew Otchie of 12 Old Square Chambers analyses the court’s ruling on the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023.
The judgment confirmed that investigations into alleged unlawful killings and torture must remain capable, at least in principle, of leading to criminal accountability. However, while the court found aspects of the statutory scheme incompatible with the European Convention on Human Rights, it stopped short of disapplying the legislation, issuing only a declaration of incompatibility.
Otchie argues that the decision reflects a constitutional balancing act between judicial oversight and parliamentary sovereignty. The result is a judgment that preserves demanding rights standards while limiting their immediate practical effect. As he notes, Dillon sits at the intersection of 'truth and accountability' and legislative control.
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