Factsheet: Dillon and Others

What is this case about?

The Northern Ireland Troubles (Legacy and Reconciliation) Act received royal assent in September 2024. Various provisions of the legislation were challenged by way of judicial review, including those which created and facilitated immunity from prosecution; established the Independent Commission for Reconciliation and Information Recovery; prohibited criminal enforcement action in relation to Troubles-related offences; and ended inquests, criminal investigations by police, civil proceedings and police complaints.

The Secretary of State for Northern Ireland issued an appeal against the decision of the Court of Appeal on a number of grounds. Martina Dillon (and Others) were also granted permission to cross-appeal. 

This is the first ever appeal of a decision to disapply primary legislation pursuant to Article 2(1) of the Windsor Framework at the Supreme Court.

The central issues under consideration: 

 (1)  Did the Court of Appeal err in holding that Colton J, in the NI High Court, was entitled to disapply provisions of the Legacy Act under Article 2(1) of the Windsor Framework (and the related EU and Treaty mechanisms); 

(2) Did the Court of Appeal err in finding that Colton J was wrong to find no violation of the European Convention of Human Rights ("ECHR") with respect to the ability of the Independent Commission for Reconciliation and Information Recovery (“ICRIR”) to comply with its obligations under the ECHR.

(3) Did the Court of Appeal err in departing from Colton J’s decision to disapply provisions of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 for breach of the Charter of Fundamental Rights.

Further information about the case and the submissions of all the parties can be viewed by clicking here and here. 

What is the Northern Ireland Human Rights Commission’s involvement in the case?

The Northern Ireland Human Rights Commission’s (NIHRC) participation is grounded in its statutory mandate, which includes to keep under review the adequacy and effectiveness of law and practice relating to the protection of human rights in Northern Ireland. In this case, this included its express role to monitor the implementation of Article 2(1) of the Windsor Framework, which guarantees non‑diminution of rights protected by EU law as they applied in Northern Ireland on 31 December 2020.

The Commission is a respondent to the appeal before the UK Supreme Court and lodged a formal written case alongside oral submissions at the hearing in October 2025. The Commission had previously acted as a third-party intervener before the lower courts. 

What are the human rights concerns in this case?

The NIHRC raised concerns that key provisions of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 undermine fundamental human rights and breach binding domestic and international obligations.

The Commission has had an active role in legacy issues since its inception and has provided a significant amount of advice to the UK Government in respect of its proposals to establish mechanisms for dealing with legacy issues, in a manner that is compatible with its domestic and international human rights obligations.

The Commission has provided advice on the legislation during the passage through Parliament, to the Joint Committee on Human Rights, and to the Council of Europe Committee of Ministers. Read the Commissions Commission’s  current advice here: Publication - Northern Ireland Human Rights Commission Legacy Note | Northern Ireland Human Rights Commission

The Commission had raised concerns that the Independent Commission for Reconciliation and Information Recovery would not be compliant with investigative obligations contained in Articles 2 (Right to Life) and 3 (Prohibition of torture, inhuman and degrading treatment) of the European Convention on Human Rights.

The Commission also highlighted concerns that the Act may diminish the rights of victims, in breach of the UK’s obligations under Article 2 of the Windsor Framework.

What has happened in relation to the case up until the Supreme Court case?

In February 2024, the High Court ruled that, as a result of Article 2(1) of the Windsor Framework, provisions of primary legislation can be disapplied by the Courts where the Court considers that they diminish relevant rights in Northern Ireland below minimum standards in EU law that bound the UK before leaving the EU. This decision was upheld by the Court of Appeal and is one of the main subjects of appeal before the UK Supreme Court. 

The High Court found that the provisions relating to conditional immunity from prosecution were in breach of Articles 2 and 3 ECHR, the prohibition on cranial enforcement breached Article 2, and that the termination of some civil claims was in breach of Article 6 ECHR. These provisions were also found in breach of Article 2(1) of the Windsor Framework. The Court of Appeal also held that the lack of participation of next of kin and disclosure provisions were also in breach of Article 2 ECHR.

On 15 September 2025, the NIHRC published a Legacy note setting out its rationale for advice regarding the Independent Commission for Reconciliation & Information Recovery (ICRIR) and Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 (Legacy Act). You can read it here: Publication - Northern Ireland Human Rights Commission Legacy Note | Northern Ireland Human Rights Commission

On 19 September 2025, The UK Government and the Government of Ireland published a Joint Legacy Framework, available to read here: The Legacy of the Troubles: A Joint Framework between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of Ireland - GOV.UK

On 14 October 2025, the Northern Ireland Troubles Bill was introduced to the House of Commons. 

Previous proceedings

For the decision in the Northern Ireland Court of Appeal click here.

For the decision of the High Court click here. 

What are the next steps?

The Commission will now be considering the judgment in full and its implications.