Dáil Éireann Debate, Thursday - 13 July 2023
119. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs the outcome of his most recent discussions with the Secretary of State for Northern Ireland and the Foreign Secretary concerning legacy issues; and if he will make a statement on the matter. [35428/23]
View answerIn Stormont House in 2014, the Irish and British Governments and most of Northern Ireland's parties agreed a way forward on legacy which would meet the needs of victims, uphold human rights and contribute to reconciliation. This approach endorsed was again in the Fresh Start and New Decade, New Approach agreements. The Northern Ireland Troubles (Legacy and Reconciliation) Bill published by the British Government in May 2022 is a unilateral move away from this approach.
This Bill as it stands currently is not fit for purpose. We believe that the granting of immunity from prosecution for crimes such as unlawful killing would be incompatible with the European Convention on Human Rights. We are also concerned about the shutting down of all other avenues to truth and justice (inquests, police investigations, Police Ombudsman investigations and civil cases). It is my strong view that the amendments made so far fail to sufficiently alter the Bill to address our concerns about its compatibility with the European Convention on Human Rights and its impact on the fundamental work of reconciliation in Northern Ireland.
I most recently met with the Secretary of State at the June meetings of the British Irish Council and the British Irish Intergovernmental Conference. On both occasions I outlined my specific and serious concerns about its provisions and urged him to pause the progress of the current Bill, and to return to a collective approach, which includes victims and survivors. These concerns were also expressed publicly in the press conference that followed the British Irish Intergovernmental Conference, where I also raised the Dublin-Monaghan (and Belturbet) Bombings and the UK’s planned statutory inquiry on the Omagh bombing, for which a Chair has now been announced.
International observers continue to express their opposition to the UK Legacy Bill as it has progressed through the British Parliament. Most recently, the Council of Europe Commissioner for Human Rights, Dunja Mijatovic, the US Ad Hoc Committee to Protect the Good Friday Agreement, and the Council of Europe Committee of Ministers have all reiterated their strong concerns around the Bill's compliance with international human rights legislation. This demonstrates the extent to which the British Government is acting alone. In contrast to the Stormont House agreement, this Bill does not have the support of parties in Northern Ireland, or victims and families.
I will continue to convey the Government’s strong opposition to the Legacy Bill to the Secretary of State and continue to encourage the British Government to pause this Bill and return to the partnership approach that has successfully produced a lasting peace for the people of these islands for 25 years.
