The Equality Commission welcomes the clarity provided by today’s ruling by the High Court in the matter of an application by Dillon and Others for Judicial Review in relation to the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (the Legacy Act) in relation to the Article 2 (1) of the Windsor Framework.

The Equality Commission welcomes the clarity provided by today’s ruling by the High Court in the matter of an application by Dillon and Others for Judicial Review in relation to the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (the Legacy Act) in relation to the Article 2 (1) of the Windsor Framework.

The Commission intervened in the Judicial Review as part of its statutory role, along with the NI Human Rights Commission, under the Windsor Framework to ensure that the UK Government’s commitment to uphold certain equality and human rights in Northern Ireland after Brexit is met.

The Commission had concerns that certain provisions of the Legacy Act, including provisions relating to immunity from prosecution, breached Article 2 of the Windsor Framework.  

We welcome that today’s ruling has aligned with the views of the Commission in a number of key areas as regards the application and interpretation of Article 2 of the Windsor Framework. This includes the court’s conclusion that  provisions of the Legacy Act which are found to be in breach of Article 2 of the Windsor Framework should be disapplied

Speaking about today’s decision, Geraldine McGahey, Chief Commissioner of the Equality Commission, said:

“The Commission has a role to ensure that the government meets its commitments under Article 2 of the Windsor Framework and it is a role we take very seriously.

“This is an important decision that clarifies the scope of Article 2 of the Windsor Framework in terms of the rights of victims of the troubles , as well as the remedies that are available to courts where our laws breach Article 2 of the Windsor Framework . We will carefully consider any next steps.”