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Northern Ireland

Dáil Éireann Debate, Thursday - 27 April 2023

Thursday, 27 April 2023

Questions (37)

Pearse Doherty

Question:

37. Deputy Pearse Doherty asked the Tánaiste and Minister for Foreign Affairs if he has brought to the British government’s attention the concerns of the family of a person (details supplied) who was killed by the RUC in 1973 and their desire for a public inquiry into the killing; and if he will make a statement on the matter. [19447/23]

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Written answers

On Friday 24 February 2023, I met with the family of the person in question, who were accompanied by Councillor Michael Naughton. Officials in my Department also met with the family in November 2021.

Following my meeting with the family, I wrote to the Secretary of State for Northern Ireland, Chris Heaton-Harris, bringing the case to his attention.

It is essential that all families have access to an Article 2 compliant investigation into their loved one's death. The family's campaign for a further investigation into this killing is one example among many of the cases could be negatively impacted if the British government’s Legacy Bill is enacted. The prospect of no full hearing of the evidence in this case, including the effective cross examination of the facts, such as whether the determination in the original 1973 inquest was correct, is deeply upsetting to the family, as is the possibility that no Police Ombudsman investigation would take place.

On many occasions I have raised my concerns with British Ministers that the Legacy Bill, introduced unilaterally, is not fit for purpose, and undermines the approach set out in the Stormont House Agreement. If the proposed Bill enters into force, the legislation would have far-reaching and negative impacts for victims, their families and communities in Northern Ireland and beyond. Enactment would fundamentally damage the process of reconciliation in Northern Ireland. The British government’s Legacy Bill has also come under intense criticism from a range of international interlocutors, including from the UN High Commissioner for Human Rights, the Council of Europe Commissioner for Human Rights and members of the US House of Representatives. The Council of Europe's Committee of Ministers has raised its concerns on a number of occasions, including most recently on 7 March when it stated its "serious concerns about the Bill and its compatibility with the European Convention on Human Rights" .

In the spirit of the Good Friday Agreement, I continue to urge the UK to pause their Legacy legislation and return to a collective approach which is human rights compliant and delivers for victims.

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