IN A LANDMARK decision, the Irish government have confirmed they will be taking an interstate case against the British government to the European Courts under the European Convention of Human Rights over the British government's controversial Legacy Bill.

Speaking on Wednesday Tánaiste Micheál Martin confirmed the Irish government would be taking the step after careful consideration and said he regretted things had come to the point where a case had to be made.

"I regret that we find ourselves in a position where such a choice had to be made," he said. "[The] decision by the British government not to proceed with the 2014 Stormont House Agreement and instead pursue legislation unilaterally, without effective engagement with the legitimate concerns that we, and many others, raised left us with few options."

The Tánaiste continied: "I used every opportunity to make my concerns known, and urged the British government to pause this legislation. The British government removed the political option, and has left us only this legal avenue."

In taking the case the Irish government will argue that the provisions of the British government's Legacy Bill are incompatible with the UK's obligations under the European Convention of Human Rights.

Mr Martin said: "The incorporation of the European Convention on Human Rights into Northern Ireland law is a specific and fundamental requirement of the Good Friday Agreement. Since the UK legislation was first tabled, this Government has been consistent that it is not compatible with the Convention.

Mr Martin said that 'serious reservations' about the Bill have been raised by a number of international observers, including the Council of Europe's Commissioner for Human Rights and the UN High Commissioner for Human Rights.

He said the legislation is also opposed by people of the North, especially the victims and families who will be most impacted by it.

The Tánaiste said the Irish government had particular concerns around provisions "which allow for the granting of immunity, and which shut down existing avenues to truth and justice for historic cases, including inquests, police investigations, Police Ombudsman investigations, and civil actions."

He said: "Even in cases in which immunity is not granted, 'reviews' by the proposed body, the Independent Commission for Reconciliation and Information Recovery (ICRIR) are not an adequate substitute for police investigations, carried out independently, adequately, and with sufficient participation of next of kin."

The Tánaiste said the British government enacted the legislation on 18 September "shutting off any possibility of political resolution."

He added: "We now find ourselves in a space where our only recourse is to pursue a legal path.

"It is important to leave the next steps to the court."

Speaking on the decision Mark Thompson of Relatives for Justice said the move was most welcome and that families and victims had been campaigning extensively including recent trips to America to speak with American officials concerned over the legislation.

"This is most welcome news and comes after months of intense lobbying by families, NGOs, political parties and Irish-America.

"All Irish citizens affected by all actors to the conflict must have their rights defended by the Irish government, this is practical defense of those rights.

"We recognise it is a move not taken lightly, but reflects the egregious position the Legacy Act has created. This move is in the interests of victims and survivors. It is not only a legal move, it is a humanitarian one.

"It is a move that defends the integrity of the Good Friday Agreement, in this, the year of its 25th anniversary. It is a move that, unlike the appalling Legacy Act, defends hope and healing."

North Belfast MP John Finucane, whose father Pat Finucane was murdered by loyalists in 1989 welcomed the decision and said Sinn Féin would continue to stand with families challenging the Legacy Bill.

"I welcome the Irish Government’s decision to take an interstate case challenging the British Government’s Legacy Act under the European Convention on Human Rights.  

"From the outset, victims, their families, all political parties on this island, the US, the UN & human rights experts have stated that this cruel & callous bill was a breach of international human rights.

"We will continue to stand with the families as they challenge this cruel & cynical law, and as they continue to campaign with dignity & determination for truth & justice."