Is the ICRIR more compliant with Human Rights law than opponents claim?

'Retrieving information is key to meeting the needs of victims and survivors of the Troubles, says Brice Dickson, who is one of the non-executive Commissioners on the ICRIR. He is writing here in his own name. He points out that the need to supply information applies to paramilitary organisations as much as the State and is also essential to achieving  reconciliation for society at large. He argues that the Commission’s critics have so far failed to show how the Stormont House Agreement, or ‘Stormont House Plus’ as proposed by some of them would be more compliant with the ECHR. 

'He is Emeritus Professor in the School of Law at Queen’s University Belfast and served as the first Chief Commissioner of the Northern Ireland Human Rights Commission, set up as a result of the Belfast (Good Friday) Agreement.'

Are the Stormont House Agreement proposals on legacy compliant with the ECHR?

The decisions by the High Court and Court of Appeal in Northern Ireland to declare certain provisions in the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 to be incompatible with the European Convention on Human Rights (ECHR) were enough to persuade the Labour government that it should amend that Act through, first, a remedial order issued under the Human Rights Act 1998 and, second, a new Act of Parliament which will give the Independent Commission on Reconciliation and Information Recovery (ICRIR) more powers.

An appeal is pending before the Supreme Court only on whether the Act’s provisions are invalid under article 2 of the Windsor Framework and on whether the Court of Appeal was correct to hold that the 2023 Act breaches article 2 of the ECHR because the ICRIR cannot ensure effective next-of-kin participation in some of its investigations and cannot prevent the Secretary of State from insisting that certain information must not be disclosed by the ICRIR. The Supreme Court will not be expressing a view on whether the Court of Appeal was right to find other aspects of the 2023 Act to be incompatible with the ECHR. 

Many of those who welcomed the High Court and Court of Appeal decisions did so because they want the legacy arrangements set out in the Stormont House Agreement (SHA) of 2014 to be implemented instead, perhaps with one or two additional elements, such as (a) applying those arrangements not just to deaths occurring during the Troubles but also to injuries and (b) confining the Secretary of State’s censoring powers to situations where a person’s right to life might be endangered if certain information were disclosed. The assumption is that this ‘SHA Plus’ model would be compatible with the ECHR.

I am not so sure that that is the case. This is because the reasons given by Colton J in the High Court for finding the immunity from prosecution provisions in the 2023 Act to be incompatible with the ECHR could apply as well to provisions in the SHA or SHA Plus. The effect of those provisions, like those in the 2023 Act, would be to radically reduce the ‘practical and effective’ implementation of victims’ rights under article 2 of the ECHR. The SHA provides that if people provide information about past wrongdoing it cannot then be used in subsequent criminal or civil proceedings against that person, effectively making that person immune from prosecution or civil suit.

Getting away with murder

A former member of a republican or loyalist paramilitary group could therefore get away with murder. In theory they could still be prosecuted if evidence of their guilt came to light from other sources, but as it would be a criminal offence for the institutions created by the SHA to disclose the information they have been given, it is extremely unlikely that such extraneous evidence would be forthcoming. The position would be as it is under the Northern Ireland (Location of Victims’ Remains) Act 1999: no-one who has given information to the Independent Commission for the Location of Victims’ Remains under that Act has ever been prosecuted or sued, even if the information they supplied has been shown to be false. Whether that Act complies with the ECHR or not has never been tested, for the very good reason that the families of the disappeared want to cling to whatever raft is available to them that might lead to the recovery of their loved-one’s body. People have given information to that Commission because they know their identity cannot be revealed and that, even if it were, they cannot be prosecuted or sued on account of the information they have provided.  

Colton J and the Court of Appeal arrived at their decisions on the ECHR points by indicating that to date the European Court of Human Rights has suggested that ‘amnesties’ may perhaps be allowed in a few exceptional situations. Measuring the 2023 Act’s provisions against those situations Colton J said (at para 187):    

They have not been introduced in the context of ‘a violent dictatorship or an interminable conflict’. They are not ‘a tool enabling an armed conflict or a political regime that violates human rights to be brought to an end more swiftly’… The immunity contemplated under the 2023 Act does not provide for any exceptions for grave breaches of fundamental rights including allegations of torture... The victims have no role or say in these decisions [to protect the providers of statements from criminal or civil proceedings]… It is arguable that the provision of…information could contribute to reconciliation. However, there is no evidence that the granting of immunity… will in any way contribute to reconciliation in Northern Ireland…

De facto amnesties

It seems to me that the provisions in the SHA, or SHA Plus, would also not fit into any of the situations so far mentioned by the European Court as permitting an explicit or implicit amnesty. Unless the European Court were to create a new exceptional situation permitting an amnesty, the SHA is every bit as likely as the 2023 Act to fall foul of article 2’s requirements. Colton J said the Commission proposed by the SHA would be a ‘different animal’ from the ICRIR, but he did not spell out why the implicit amnesty to which the SHA would give rise would be any more acceptable to the European Court. Besides, the Court of Appeal in Northern Ireland went out of its way to say that the 2023 Act’s ban on civil suits going forward is a breach of the ECHR and the UK government has accepted that ruling. (It must be noted, however, that under section 8(4) of the Act, the ban applied only to cases where non-state actors have been found responsible for deaths or serious injuries: state authorities could still be sued on the basis of information they have supplied and could remain open to applications for judicial review.)  

Nevertheless, both the British and Irish governments must believe that the SHA does comply with the ECHR. They would not otherwise have signed a treaty on the back of that agreement in 2015 had they believed otherwise. There is now an onus on political parties and victims’ groups which still support the SHA, or SHA Plus, to explain to victims how the SHA will protect their article 2 rights more effectively than the ICRIR can do. I have asked both the Northern Ireland Human Rights Commission and the Committee on the Administration if they can point to case law from the European Court of Human Rights which suggests that the SHA’s provisions would indeed be compatible with the ECHR, but to date they have not been able to do so. On the contrary, the European Court’s own guidance document on the implementation of article 2 appears to state that they would not be compatible. A scheme that in effect makes it impossible for a victim’s family to see the perpetrator of a killing or serious injury put beyond the reach of either the criminal or the civil courts will be seen as what it is – an amnesty by another name. It would, in the European Court’s familiar terminology, make the protection of the rights guaranteed by articles 2 and 3 of the ECHR not ‘practical and effective’ but ‘illusory’.

In my view, what the European Court needs to do in the post-conflict context of Northern Ireland is to attenuate its focus on article 2 and instead focus on article 10 of the ECHR, which supposedly guarantees the right to information. Victims and their families are primarily in need of information – from non-state as well as state sources – rather than endless legalistic investigations which at the end of the day are most unlikely in and of themselves to lead to liability or accountability.     

This is a summarised version of ‘In Defence of the Legacy Commission (ICRIR)’, an article published in the April 2025 issue of the European Human Rights Law Review. Both the summary and the full article were written by Brice Dickson in an entirely personal capacity and not in his capacity as a non-executive commissioner within the ICRIR. He has not discussed the views expressed here within the ICRIR.

Sean Browne case and the Legacy Debacle - Why was it allowed to happen?

The UK government has found itself in confrontation with the courts over the future of legacy law, the latest arising from the Sean Brown case. Why was this allowed to happen?

 The Sean Brown case is a perfect example of  what can happen in the legal vacuum created by the delay in cancelling one Legacy Act  and replacing it with a new Act or a radically amended version of the rejected original. By ordering  a public inquiry into the Brown murder, by implication  the Northern Ireland Court of Appeal in effect held  that administrative process replacing Court procedure of the Independent Commission on Reconciliation, the ICRIR (a.k.a.  the Legacy Commission) is no substitute for due process in the absence of a final Act, whatever the  limited changes to its modus operandi

On the face of it, this is quite a  blow to the government's and the commission's hopes. In just under a year it  has received 85 requests for information, out of a potential 3,500 cases,  21 of them reaching the information recovery stage by last month. The government however is sticking with the commission, arguing that the whole panoply of justice no longer delivers.

The government is not taking the court's ruling lying down. In a decision of   "constitutional significance," it  disputes that the NI Court of Appeal has the authority to "order" a public inquiry and is taking its ruling to the Supreme Court. This was not supposed to happen. The experienced  NI Secretary Hilary Benn bursting with good will, came into office determined to replace  the Tory government's despised Legacy legislation- a piece of work  which could not have attracted more suspicion of "cover-up" had it appeared in coloured lights. But instead of removing most legal process from dealing with legacy cases, we are more mired in legal wrangling than ever.

 The government has however conceded the restoration of Troubles inquests and civil actions, to the evident satisfaction of the judiciary. The main  intention however remains to keep the law out of dealing with the past as much as possible.

The NI courts are not the only institution of state challenging another part of it in London.

The PSNI Chief Constable Jon Boucher has been scathing about  MI5's  insistence in maintaining  the ‘Neither Confirm Nor Deny’ policy over Stakeknife. If they're digging their heels in over such a case as Scapatticci, what hope is there for reasonable candour in others?

Not where Labour Govt wants to be

Hilary Benn  now stands accused in some quarters  of complicity in covering up state involvement in Sean Brown's murder. Given the degree of distrust hugely amplified by the  Conservatives' original Bill,  this is less surprising than it should be. This is not where Starmer's Labour wants to be, not only due to a toxic inheritance, but because of dithering over reaching agreement on the extent of official disclosure and transparency. Without it, the Legacy Commission's role is doubtfully viable.

I dismiss the notion that the UK state today at senior levels is complicit in cover-up. Others disagree, perhaps too readily. Benn's support for the commission may partly be focussed on the  huge cost of legal hearings for potentially thousands of cases, stretching into billions on top of compensation payments to which government is already  committed.

And yet the commission has it all to do to prove its worth. It won't be enough to report privately to victims and families. The reports to which victims and families give consent for publication will have to convince the public too.

Meanwhile criticism of the government, voiced with authority in the Lords and elsewhere, is mounting. In reply the official silence on legacy reform is deafening. 

Who knows what's going on behind the scenes?   Benn's approach has been to  further strengthen the powers of the Legacy Commission to make it acceptable to stakeholders, not least victims and relatives. But the longer he delays in submitting the complete package  for public debate, the harder it's becoming for the commission to succeed.

  I would dearly like to know why that the Chief Commissioner, Declan Morgan,  so well respected as chief justice, is  confident  that he will win the degree of the cooperation from the State he requires. Either he is setting the bar too low or he knows something we don't. To salvage its reputation and perhaps the very future of dealing with the past.  It is well over time for the government to share its’ latest ideas and put them to the test.

Brian Walker

(Formerly BBC NI political correspondent, Editor Spotlight, Commissioning Editor Radio Weekly Current Affairs in London. Former London Editor Belfast Telegraph. Emeritus Senior Research Fellow, the Constitution Unit University College London.)

Kneecap: The real Legacy not the entertainment jamboree

Malachi O’Doherty, Belfast Telegraph, May 6th, 2025

Criminals can complain about type of justice meted out against them, even if they're as bad as those doing the shooting

One night, in a house in Twinbrook, I was with two teenage boys who were expecting to be kneecapped when the IRA caught up with them. There was a discussion about whether or not it was a good idea to get drunk before being shot so that you would be oblivious to what was going on.

A counter-argument was that alcohol would thin the blood, lead to heavier bleeding and also complicate surgery.

The boys were joking about this. One of them mimed how he would hold a pint glass under his bleeding leg to catch the alcohol coming out so that he could drink it again.

I often saw young men like these as brash and callous in their humour, as apparently ill-concerned for their own welfare as the welfare of anyone else.

A short time later, I heard on the news that two young men in a stolen car had smashed into a tree on the Falls Road and died. One of them was the one who had joked about drinking his own blood.

Alex Maskey

I had become interested in the kneecappings as a story to dig deeper in to after Alex Maskey at Connolly House told me that some parents appreciated the IRA's efforts to discipline their errant sons. I said I doubted that, so he said he would introduce me to one such father.

A while later I interviewed the father and the son. The father told me that he had tried to discipline his son, that he had often beaten him and ultimately had had no choice but to turn to the IRA.

The son, who had suffered horrible damage to one foot, told me about his own addiction to joyriding. He would steal cars and put on shows of handbrake-turn spinning in Twinbrook and Poleglass.

I interviewed another father who had given his own son a beating with a hurley stick in their front garden to try to get him to stop stealing cars, giving him a foretaste of what the provos would do to him.

The son who had been shot with the approval of his father described the beatings his dad had given him.

On camera, for a Channel 4 documentary, the father joked about getting his share of the compensation the boy would receive. Many of the kneecapped got compensation and some had to pay a cut to the IRA.

One last fling

I also met the parents of a boy who had died in a car that crashed while being chased by the RUC. He had been due to emigrate the following day and had been having one last fling.

I met another who had sped away from the police after they had fired into the car. He ditched the car, in which a bleeding friend remained, and ran home. The friend died.

I am not using the names of these people, because it was a long time ago and I don't know what kind of lives the survivors are living now.

Back then, however, I did not hold out much hope for any of them. These young men were reckless fools, addicted to danger.

At war with IRA

They were also at war with the IRA. They knew far more about the IRA than other journalists and politicians I spoke to did.

They knew the names of those who shot them, though they would tell the police they didn't.

They taunted the provos and struck back. One, I was told, tied a poker to a rope, fed it through a provo's front door, tied the other end to the back of a stolen car and pulled the man's door off.

Some were sons of provos. Many of them had nicknames like Psycho, Shirley, Wurzle, Pip.

The Nolan Show is criticised for giving one of the hoods a chance to describe the damage that was done by kneecappings and punishment beatings. But a criminal has a right to complain about the type of justice meted out against him, even if he turns out as bad as those who shot him. Evil begets evil.

A ghastly interaction

The IRA's policing of joyriders in Belfast was directed from the Sinn Fein offices at Connolly House on the Andersonstown Road. Everyone knew that. That is where parents and social workers went to plead for leniency.

I viewed the whole business as a ghastly interaction. The IRA provided an extra seasoning of danger for the hoods, and the hoods provided IRA volunteers with something to spend bullets on as their campaign was being run down.

Sinn Fein defended these attacks on the hoods on the grounds that the police were doing nothing about the joyriders — though every joyrider I interviewed had been arrested and spent time in Hydebank. Some were kneecapped when they got out.

Many of those kneecapped suffered more afterwards in their heads than in their legs.

If you had had your car stolen and wrecked, several times perhaps, you'd probably want to inflict more punishment on the offender than the state provides.

The state's more civilised approach doesn't satisfy everyone.

Day of fun for young and old as east Belfast celebrated VE Day

Niamh Campbell, Belfast Telegraph, May 6th, 2025

The sun was shining down on May Day Monday as families and entertainers gathered for VE Day celebrations in east Belfast.

May 8 will mark the 80th anniversary of Victory in Europe (VE) Day, with people across the nation taking this week to commemorate an extraordinary milestone since the end of the Second World War.

DUP leader Gavin Robinson remarked that “street parties across the UK and here at home, in east Belfast, reflect our shared history and our duty to never forget”.

Starting a week of events, the Titanic May Community Festival got underway on the Woodstock Road from 12pm yesterday.

Revellers young and old came out to enjoy the day, including John Dempster, who is a dedicated member of the East Belfast Community Committee.

He attended yesterday's festivities alongside the East Belfast Arch Committee, who are fundraising for a Loyal Orders Arch to be installed at Templemore Avenue on July 1.

John said that VE Day is important to him “because our young ones need to be educated by people like us as to what older ones — older than me — gave up, so that we can remain in a free and democratic society today.

“They gave up so much, and I don't think it is educated [as much] now.

“I was fortunate enough to go out to the Somme. I did a bit of research myself and I went on a couple of trips, both to the Somme and Normandy, and found relatives buried out there.”

John previously travelled to the Suzanne Military Cemetery in Suzanne, a village in the Department of the Somme where more than a hundred British war veterans are buried.

“I found a great-uncle of mine buried there,” John continued.

“I was laying a wreath. And what I had written on the wreath, believe it or not, was what he had on his headstone, the same words.”

The words were from St John's Gospel: “Greater love hath no man than this, that a man lay down his life for his friends.” “There it was,” said John. “I thought it was very, very appropriate that we both matched up. It was a joy to go.”

There was an array of free entertainment during yesterday's event, including Ulster Scots dancers and The Victory Rollers — a close harmony group, inspired by the Andrews Sisters, who perform swing, soda pop shop and wartime classics.

Classical flautist Jane Watterson also played on the community stage, wearing a Union flag dress and accompanied by her biggest fan, grandson Elliott (6), who was front row in the crowd.

Jane, originally from a town called Kilwinning in North Ayrshire, Scotland, moved to Northern Ireland 23 years ago. She now lives in Carrickfergus.

Importance of rememberance

“I do think it's really important to mark every milestone and not just the big ones,” she said.

“I was very privileged to take part in this wee thing today, one of the best I've ever been to, to be perfectly honest with you.

“Seeing it all, it's family inclusive — the kids getting on the rides, the old pensioners getting looked after. I think it's really good that they can make it fun, where they're teaching children and adults who maybe don't know the history of everything through the wars and how commemorations are done.”

Cameron Lilley (19) and Jenni Stanex (20) believe that as well as bringing a sense of cohesion and fun to the area, it's important that those attending recognise the reasons for the celebrations too.

“I think the day itself is just a good day for the community to bring us all together,” explained Cameron.

“VE in itself — Victory in Europe in 1945 — was just a very important day, especially for the country, and I think the community itself recognises that and recognises the lives that were lost during the war.

“There are a lot of people around here who have connections to people who went and fought in the war. [It's great] just to remember that and recognise their sacrifice.

“I think it's very important for young people today to recognise their own culture, on both sides — embrace your culture and embrace your traditions.

“I think it's extremely important for people to be educated on where they're from and what their community is about.”

A special service also took place at Belfast Cathedral on Sunday to mark the start of VE Day commemorations. There will be many continued initiatives across NI throughout the week, details of which can be found on individual council websites.

At Belfast City Hall on Thursday, the replica Spitfire will be open for photographs and visiting. No ticket is required.

Belfast City Hall will also be illuminated in red on tomorrow and Thursday.

Sinn Féin to highlight DUP MLAs’ parade attendance in the assembly

John Manley, Political Correspondent, Irish News, May 6th, 2025

THE attendance of senior DUP members at an Apprentice Boys parade where anti-Catholic anthems were played on the same day Pope Francis died is to be raised in the assembly today.

Education Minister Paul Givan, Upper Bann MLA Jonathan Buckley and assembly speaker Edwin Poots were present in Lisburn on Easter Monday as one band played No Pope of Rome and the Billy Boys tunes.

Footage revealed by The Irish News shows the three senior DUP figures watching the parade as onlookers sing the sectarian lyrics of both songs hours after Pope Francis died.

Sinn Féin has responded by requesting an urgent oral question and a matter of the day be debated in the assembly.

West Belfast MLA Danny Baker described the songs as “blatant sectarianism” and said political leaders had a responsibility to call out such actions. He said bringing this issue to the floor of the assembly would provide those elected representatives who attended the parade an “opportunity to distance themselves from it”.

“I am calling on all three DUP MLAs in question to publicly call out and challenge this blatant sectarianism,” he said.

“There has been a rise in sectarian incidents across the north, in Lisburn, Belfast and Derry.

“These incidents reflect a broader pattern of sectarian behaviour that also need to be challenged.”

The DUP MLAs’ attendance at the Lisburn parade emerged days after the party had condemned as “distasteful” the playing of a No Pope of Rome by a different band at a separate Apprentice Boys event.

Hypocrisy

Responding to the Sinn Féin move, Jonathan Buckley branded it “hypocrisy” and said the DUP had “consistently and unequivocally condemned sectarianism in all its forms”.

“On the immediate aftermath of the Easter Monday parade, we congratulated the thousands who participated respectfully but distanced ourselves from the distasteful actions of the few,” he said.

“Elected representatives cannot be held accountable for the actions of others in a public space.”

The Upper Bann MLA said Sinn Féin was “seeking to delegitimise the cultural identity of the unionist and loyalist community”.

“DUP MLAs nor our party make any apology for supporting Loyal Order parades and our proud culture and heritage,” he said.

Cliftonville FC condemns ‘small minority’ for cup final violence

Conor Shiels, Irish News, May 6th, 2025

Police come under attack by Cliftonville FC supporters on Saturday

CLIFTONVILLE has condemned a “small minority” involved in violence following Saturday’s Irish Cup final and called for a meeting following complaints over the policing operation.

Trouble flared as officers escorted fans of the north Belfast club away from Windsor Park after Cliftonville lost to Dungannon Swifts in a penalty decider.

Tempers flared as fans were herded past the Broadway roundabout area, as some hurled bottles and other objects at police.

Youths on the Falls Road side of the Westlink also joined in the disorder. A number of items were set on fire, while fireworks and bottles were among objects thrown at police.

Eight officers were injured in the violence - three arrests.

Fans also raised concerns about the policing operation following the game.

In a statement, the club condemned the the disorder.

“Ahead of the final, Cliftonville FC fully engaged with all the relevant authorities on several occasions and cooperated on matters over which the club had control or responsibility,” it read.

“The club’s position was made clear in our statement of April 28 and this was communicated across all our social media platforms providing advice to those intending to attend the final. Our position was also reported widely by several news organisations. To be clear, the club condemns all those responsible for the disorderly behaviour that occurred.”

It said it was conscious that “genuine supporters were inadvertently caught up in the post-match events through no fault of their own”.

“Those involved were a small minority of those attending the game.

“We will be seeking to meet with the relevant authorities in the coming days to discuss all these events, as well as reflecting our supporters’ concerns over the policing operation that took place on Saturday.”

It is unclear when the meeting will take place or if the club will take action against those involved in violence. Footage has also emerged appearing to show Cliftonville fans singing a song referencing the IRA as they pass police.

Chief Inspector Mark Conway said that while the majority of fans attending the game behaved in a peaceful manner, “a small minority chose to engage in criminal activity, resulting in public disorder in the vicinity of Broadway roundabout at approximately 5.30pm”.

Irish Sea border role recruitment ‘hugely politically embarrassing’ for Deputy First Minister

John Manley, Political Correspondent, Irish News, May 6th, 2025

EMMA Little-Pengelly described a plan to recruit a Stormont official to oversee post-Brexit trade arrangements as “hugely politically embarrassing for me” because it exposed the fallacy of the DUP’s claim that the Irish Sea border had disappeared.

The DUP deputy first minister last year messaged the head of civil service, arguing that plans to appoint a ‘head of regulatory divergence’ had “the potential to become a story”.

The WhatsApp exchange between Ms Little-Pengelly and Jayne Brady took place in October and has been revealed through a freedom of information request.

The messages show that Ms Brady subsequently apologised to the deputy first minister “for any embarrassment”.

‘Desperate spin’ - TUV

According to TUV leader Jim Allister, the revelation “lays bare the desperate spin the DUP has deployed to conceal the reality of the Irish Sea border”.

The flurry of messages between Ms Little-Pengelly and Stormont’s top mandarin began when the Lagan Valley MLA saw recruitment was underway for a ‘head of regulatory divergence’, a post relating to the north’s post-Brexit trade arrangements.

The job was advertised little over six months after the DUP had agreed to end its Stormont boycott on the basis that the ‘Safeguarding the Union’ deal with Rishi Sunak had effectively got rid of the Irish Sea border.

DUP leader Gavin Robinson later conceded that his predecessor Jeffrey Donaldson had “oversold” the deal, which failed to prevent the subsequent implementation of regulations that underscore the north’s trade divergence from Britain.

When Ms Little Pengelly became aware of the Executive Office’s (TEO) recruitment plan, she texted Ms Brady to say: “Can you check this one out urgently. This is apparently a post out for recruitment to TEO.”

The deputy first minister continued: “A couple of things occur: I understood we were not recruiting at the moment. Who on earth named this and how did they think this wasn’t going to attract attention and concern? The UK gov policy is not to diverge pending further

She added: “This has the potential to become a story. Can you check this out and see what can be done to address urgently?”

In response, Ms Brady said: “I’m on it. I wasn’t aware of it.”

Later that day, Ms Little-Pengelly texted Ms Brady an image of a tweet from unionist activist Jamie Bryson in which he said: “The DUP inclusive Executive (responsible for civil service) is recruiting a ‘Divergence Co-ordinator’ to manage and implement divergence between NI and the rest of the UK. How is any self-respecting unionist implementing this? ‘Safeguarding the Union’…”

The deputy first minister told Ms Brady: “Bryson now has this.”

The civil service head said she would send a written reply and would also happy to discuss the matter in person.

She explained that the role was “an existing post and title which is being refilled”.

Embarassment

After a media query about the issue was submitted to TEO, Ms Brady alerted the deputy first minister, who replied: “If you are putting out a press line can you make it absolutely clear that this was not a ministerial decision nor was it brought to our attention that this was to be advertised… This is hugely politically embarrassing for me.”

Ms Brady replied: “Apologies for any embarrassment and issues in handling. I will review with David {Malcolm, TEO permanent secretary}.”

The content of the messages was first reported by the Belfast Telegraph.

Mr Allister said the exchange highlighted that “the [Irish Sea] border remains and Stormont is helping to implement it”.

“What we see here is a party obsessed with damage control, not damage repair – it shows a DUP more concerned with hiding the truth than confronting the constitutional implications of the Protocol they are now helping to administer,” he said.

“Their return to Stormont was built on the claim that the sea border had been removed. New barriers, like the parcel border, continue to emerge.”

Are stars aligning for a new flag of NI?

Sam McBride, Sunday Life, May 4th, 2025

THE ULSTER BANNER WAS RAISED AT AUGUSTA FOR MCILROY... BUT NOW'S THE TIME FOR A NEW ONE, FREE OF THE NASTY BAGGAGE OF HISTORY

When Rory McIlroy won The Masters last month, the flag hoisted at the Augusta National Golf Club wasn't the official flag of Northern Ireland, because no such flag exists.

Instead, the golfing authorities ran the Ulster Banner up the flagpole.

It wasn't an error — this is the flag which many people in Northern Ireland recognise as theirs and it's one McIlroy, who's proud of his north Down roots, has personally held.

Indeed, by embracing a flag traditionally associated with unionism, McIlroy, an Ulster Catholic, embodied how for a section of younger people the old symbolic disputes of the past don't resonate.

He wasn't trying to make a political statement; he was just a sportsman wanting to share his success with the people of the place where he was born.

Yet it is increasingly absurd that Northern Ireland has no official flag. The Ulster Banner is the flag of the old Stormont Parliament. That parliament hasn't existed since 1972. To fly it now is in some respects akin to a Berliner flying the flag of the German Democratic Republic or a Sri Lankan waving the colours of Ceylon.

Six months ago, the chief executive of Commonwealth Games Northern Ireland, Conal Heatley, suggested that for next year's Commonwealth Games Northern Ireland should compete under a new flag.

That would mean ditching the Ulster Banner, something Heatley said was associated with unionism. A large section of unionism contains the instinctive fear that everything it cherishes is slipping away, requiring incessant vigilance, and so unsurprisingly these comments were denounced by unionists.

Territory

Nationalists' objection to the Ulster Banner isn't stylistic any more than unionists' objection to the Tricolour involves design preferences.

For both, it's not only that these flags represent identities alien to them, but that both flags have been used by paramilitaries who have slaughtered innocent civilians.

Flags have long been seen in Northern Ireland as one of the quintessential emblems of division. They're used to mark territory, draped over coffins, and their colours are painted on kerbstones.

Yet there are increasingly compelling reasons for both unionists and nationalists to find unity in a shared flag.

A new flag could incorporate familiar motifs such as the Red Hand of Ulster, used by both the GAA and loyalism, but the very fact that the flag itself was new would free it from the bondage of history. It would immediately be shorn of the baggage of older symbols used in a thousand unedifying ways.

Some unionists baulk at this, believing it would undermine the Union Flag. Yet this would be thoroughly British. England, Scotland and Wales have their own flags as well as the Union Flag — just as their football and rugby teams have their own anthems which sit alongside God Save The King.

It is Northern Ireland which is un-British in this regard, refusing to embrace a regional flag and anthem.

Paradoxically, it is the fear of some unionists that this would undermine their Britishness which means Northern Ireland is a place apart from what it means to be British in every other part of the UK.

Far-sighted unionists should realise that to make Northern Ireland work within the Union, they need unifying symbols capable of widespread support. But this isn't a zero-sum issue.

For nationalists, this would mean a flag with which they could identify because it didn't have the history of an emblem from the old unionist-dominated Stormont. When a nationalist athlete competed, this would be a non-tribal and non-partisan way to express their pride in their homeland — whether alongside or instead of other flags.

But for those nationalists who want to see Irish unity, there is a more strategic reason to embrace a regional identity. Traditionally, nationalism opposed a Northern Ireland flag because it didn't want to legitimise partition.

The debate about a united Ireland has increasingly come to discuss the possibility of a continuing Northern Ireland — either temporarily or permanently. That would see Dublin replace London as the national government, but then as now, much would remain devolved to Belfast.

The chief attraction of this is how little it would disrupt the status quo — something not only of appeal to many unionists (if, that is, there is going to be unity of some sort) but also to many in the Republic who fear that the extraordinarily successful state they and their ancestors have built could be wrecked by radical surgery to accommodate Northerners.

In such a scenario, a regional flag would be essential. Having unionists already on board years earlier would make its acceptance more straightforward than it becoming a symbol of the unity process.

If Sinn Féin can now use the words 'Northern Ireland' and endorse other distinctively Northern Irish entities — the PSNI, the Northern Ireland football team and Stormont — as well as regularly meeting with the British monarch, then it arguably can endorse a suitably inoffensive flag for six Irish counties.

Recently Trinity College Dublin academic David Mitchell wrote a scholarly paper on “the absence of a symbol that might be expected to exist — a unifying official flag in Northern Ireland”.

Professor Mitchell highlighted how rugby (Ireland's Call) and Northern Ireland football (the Green and White Army) have succeeded in uniting fans behind symbols which aren't partisan.

He argued that “a new emblem in Northern Ireland would be a boon for tourism, as it would signify a unique culture and history which visitors can access” and said that the design could involve the public suggesting or commenting on ideas.

He stressed that “all symbols are invented; none is 'natural'” and that such a flag could only work if it is in addition to — rather than as a replacement for — other flags.

People can ultimately fly whatever they want and can feel affinity to multiple flags at once — as happens in England with the Cross of St George and the Union Flag or in Dublin with the Leinster Flag and the Tricolour.

It's true that you can't eat a flag, but you can't ignore flags either. They're emblematic of the intangible.

McIlroy has transcended the sectarian divide, uniting Northern Ireland's divided people in pride and joy; it's time that a flag could be found to do that too.

Large crowds attend annual May Day rally in Belfast

Liam Tunney, Sunday Life, May 5th, 2025

Thousands of people turned out for the annual May Day demonstrations in Belfast.

There was live music from early morning yesterday at Writers Square before the parade took off at 12.30pm, making its way along Royal Avenue and around the city centre.

Several of Northern Ireland's trade unions were represented during the demonstration, which takes place every year to mark International Workers' Day on May 5.

Many participants carried flags, signs and banners in solidarity with Palestine, while members of Unite the Union carried placards in support of striking bin workers in Birmingham.

Green Party leader Malachai O'Hara attended the rally alongside a number of elected councillors.

The party said they were “proud to stand with other workers”.

“The Green Party stands proudly with workers everywhere — fighting for justice, dignity, and a fair deal for all,” the party said on social media.

“Join a union, demand fair pay and respect. Help build a better future for all.”

Derry Rally

Veteran journalist and former MLA Eamonn McCann addressed a similar rally outside the Guildhall in Derry.

Ahead of the event, Mr McCann had urged workers to support their trade unions.

“We say punch up at those in power, government, billionaires, the super-rich and vulture funds, and never down at others in the working-class, migrants and vulnerable members of our society,” he said.

Sinn Fein MLA Declan Kearney, who attended the Belfast rally, said workers played a “vital role” in society.

“Today thousands marched in solidarity at May Day Rallies here in Ireland and across the world for the rights of all workers to fair pay and decent working conditions,” he said.

“We especially remembered the workers in Gaza, hundreds of whom have been killed during Israel's latest assault.

“Workers play a vital role in our society and it is only right we commit ourselves to advancing their rights, improving the lives of all workers and their families.”

Former SDLP leader Eastwood due in court on charge linked to pro-Gaza rally

By David Young, PA, Belfast News Letter, May 5th, 2025

Former SDLP leader Colum Eastwood is set to appear in court charged with taking part in an unnotified parade in Northern Ireland

The Foyle MP is expected before a district judge in Londonderry on Tuesday to face a charge connected with a pro- Gaza rally that took place in Derry last February.

The Foyle MP is expected before a district judge in Londonderry on Tuesday, May 6th.

The event was held at the War Memorial in the Diamond area of the city centre. After speeches, participants walked to Derry's Guildhall.

Under Northern Ireland's legislation governing parades and processions, the organisers of such events must apply in advance to the Parades Commission adjudication body for permission.

Mr Eastwood is one of several people due in court charged in relation to the event on February 14 last year.