MSPs were due to quiz Keith Brown on why he wants Holyrood to refuse consent to a Westminster bill concerning unsolved murders and other violent crimes during the Northern Ireland Troubles.

The Justice Secretary was to face questioning tomorrow on his recommendation which has been made as part of the process in which the UK Parliament consults the Scottish Parliament on legislation which relates to devolved areas.

However, the committee meeting has now been cancelled after Mr Brown became unavailable due to travelling arrangements.

It will be re-arranged when Mr Brown returns to Edinburgh.

The Justice Secretary, a former army veteran, was in the Falklands Islands for Remembrance commemorations at the end of last week. He had served with the Mortar Troop 45 Commando of Arbroath during the Falklands war.

The Northern Ireland Troubles (Legacy and Reconciliation) Bill was introduced to the Commons in May and if passed would establish a new independent body, the Independent Commission for Reconciliation and Information Recovery (ICRIR). 

The commission would be tasked to conduct investigations into murders and attacks relating to "political or sectarian hostility relating to the constitutional status of Northern Ireland" that happened between January, 1 1966 and April 10, 1998. 

The bill would also: 

* Prevent investigations into Troubles-related conduct, other than those conducted by the ICRIR;
* Prevent prosecutions for Troubles-related offences which do not involve, or are not connected to offences involving, death or serious injury;
* Prevent future civil claims being brought in relation to Troubles-related conduct, and bring to an end those initiated after the Bill’s introduction;
* Bring to an end inquests which have not reached an advanced stage, and prevent future inquests into Troubles-related deaths.

In addition it would also create a conditional immunity scheme, providing immunity from prosecution for Troubles-related offences for people who co-operate by providing information to the ICRIR. Future prosecutions would only be possible where immunity was not granted.

Human rights organisation Amnesty International is opposed to the bill amid concerns it would stop many victims from obtaining justice.

The bill has also been criticised by the Commissioner for Human Rights at the Council of Europe, and the Northern Ireland Human Rights Commission.

In his legislative consent memorandum, lodged in Holyrood last month, Mr Brown called for approval not be given saying the bill could prevent victims of the Troubles from receiving justice and could impede work by the Lord Advocate.

"The Government is of the view that the bill, as currently drafted, is incompatible with the Scottish Government’s views that those who have suffered during the Troubles are able to obtain justice and that those who committed offences during that time are appropriately held to account/punished," said the document.

"Further, the bill makes novel and unwelcome changes to the functions and responsibilities of the Lord Advocate as head of the systems of criminal prosecution and investigation of deaths in Scotland.

"In particular, the power of the ICRIR to refuse to refer appropriate cases to the Lord Advocate, even where immunity has not been granted by the ICRIR impacts on the independence of the Lord Advocate, which is a fundamental cornerstone of our criminal justice system. 

"Finally the Scottish Government is cognisant of the views of persons such as the Commissioner for Human Rights at the Council of Europe, and the Northern Ireland Human Rights Commission who have expressed concern that the bill casts doubt upon the UK’s compliance with the UK’s duties under the European Convention on Human Rights.

"For these reasons the Scottish Government recommends that the Scottish Parliament withhold consent for the provisions of this bill which impact on devolved competencies."

Mr Brown is to be questioned on his recommendation that Holyrood should refuse consent to the bill by MSPs on the criminal justice committee tomorrow. 

The UK Government has argued the legislation would bring "closure" to people in Northern Ireland and allow them to move on from the period of violent conflict.

More than 3,200 people died and 40,000 were injured during the Troubles, including over 1000 members of the security forces. 

Of those killed, it is estimated that 58 per cent were the responsibility of republican paramilitaries, 30 per cent of loyalist paramilitaries, and 10 per cent of the security forces.

Many cases remain unsolved - as of May 2022, the Police Service of Northern Ireland had a caseload of over 900 cases involving nearly 1,200 deaths.

A Scottish Government spokesperson said: “The bill proposes unwelcome changes to the functions and responsibilities of the Lord Advocate as head of the systems of criminal prosecution and investigation of deaths in Scotland.

"The bill, as drafted, is also incompatible with the Scottish Government’s view that those who have suffered during the Troubles are able to obtain justice and that those who committed offences during that time are appropriately held to account.”