Dáil Éireann Debate, Wednesday - 14 December 2022
129. Deputy Brendan Smith asked the Minister for Foreign Affairs the outcome of his most recent discussions with the Secretary of State for Northern Ireland in relation to the present and unacceptable British government proposals to deal with legacy issues; and if he will make a statement on the matter. [62825/22]
View answerI most recently met with the Secretary of State for Northern Ireland on 7 December 2022 and expressed again the Government’s clear and consistent view that the Northern Ireland Troubles (Legacy and Reconciliation) Bill as drafted is not fit for purpose. If the proposed Bill enters into force, the legislation would have far reaching, negative impacts for victims, their families and communities in Northern Ireland and beyond. Enactment would, in my view, severely damage the process of reconciliation and damage trust in the justice system in Northern Ireland.
I raised with the Secretary of State the near universal opposition to this Bill in Northern Ireland, including from the five main political parties, those representing victims and their families, civil society groups, and faith leaders.
Earlier that day in Belfast, I had listened to representatives of a number of victims’ groups, including people who had lost family members to violence, who reiterated their opposition to the proposed UK legislation.
To both the Secretary of State and to the victims’ groups, I outlined that the Government’s approach to legacy and reconciliation in Northern Ireland has always been that it should be victim-centred, with the starting point the approach agreed by both Governments and the Executive parties in the Stormont House Agreement.
Furthermore, the incorporation into Northern Ireland of the European Convention on Human Rights (ECHR) was a key element of the Good Friday Agreement, helping creating confidence and trust in the rule of law and systems of justice. This Bill seeks to introduce an amnesty for crimes amounting to gross human rights violations, which would appear to be contrary to the Convention. All victims deserve, and are entitled to, ECHR Article 2 compliant investigations. It is my firm view that these paths must remain open to victims, survivors and their families.
The UK Government has recently expressed an intention to introduce amendments to the Bill. While this is welcome, I have been very clear in my contacts with the UK Ministers, including with the Secretary of State, that any amendments would need to be radical, fundamentally changing the substance of this Bill if core concerns around immunity, compliance with human rights obligations, and victims’ participation are to be met. It must be compliant with our shared obligations under the ECHR. Although neither I nor my officials have yet seen the text of the signalled amendments, from what NIO Minister Lord Caine has said in the House of Lords they do not seem to go far enough to address my concerns. That said, I remain open to engagement and considering options but will be guided by fundamental human rights principles and the needs of victims and their families.
I will continue to use all avenues to effect change to this legislation. In addition to raising our profound concerns about this Bill directly with British Government, at official and political level, I have ensured that these concerns have also been articulated in relevant multilateral fora, including at the Universal Periodic Review of the UK by the UN Human Rights Council, and most recently at the Council of Europe.
