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Dáil Éireann debate -
Wednesday, 2 Mar 1994

Vol. 439 No. 6

Written Answers. - Killing of Civilians By Northern Ireland Security Forces.

Peadar Clohessy

Question:

30 Mr. Clohessy asked the Tánaiste and Minister for Foreign Affairs the proposals, if any, the Government has made to the British Government about the creation of a new offence in relation to the killing of civilians by members of the security forces in Northern Ireland; the progress, if any, that was made in relation to this issue at the most recent meeting of the Anglo-Irish Conference; and if he will make a statement on the matter.

Robert Molloy

Question:

63 Mr. Molloy asked the Tánaiste and Minister for Foreign Affairs the proposals, if any, the Government has made to the British Government about the creation of a new offence in relation to the killing of civilians by members of the security forces in Northern Ireland; the progress, if any, that was made in relation to this issue at the most recent meeting of the Anglo Irish Conference; and if he will make a statement on the matter.

I propose to take Questions Nos. 30 and 63 together. I indicated, in a response to a question in this House on 27 January, that the Government has consistently conveyed concerns to the British Government over the adequacy of the existing criminal law as it relates to the use of lethal force by the security forces, the operation of controls over the use of such force and the accountability of those involved. I indicated also that the Government has called, through the mechanisms of the Anglo-Irish Conference, for a thorough examination of the whole area of the use of lethal force by the security forces. In this context, I stated that the notion of a new offence — other than manslaughter or murder—is among a range of ideas and suggestions that we have put to and discussed with the British side through the mechanisms of the Anglo-Irish Conference.

I discussed the matter further with the Secretary of State for Northern Ireland at the last meeting of the Conference on 28 January. While it would not be appropriate for me to go into details, I can confirm that Sir Patrick Mayhew and his colleagues briefed me on the progress of a review which is being carried out on the British side in relation to the criminal law, including proposed reforms to the law, and the guidance, practice and follow up procedures relating to the use of force. We will be considering this matter further at the next meeting of the Conference.

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