Dáil Éireann Debate, Tuesday - 26 September 2023
102. Deputy Patrick Costello asked the Tánaiste and Minister for Foreign Affairs if the Government will pursue legal action against the British government over the passing of the Legacy Bill in Westminster; if he has consulted the Attorney General on this; and if he will make a statement on the matter. [41161/23]
View answerI understand that the Northern Ireland Legacy Bill received Royal Assent on 18 September. Since this Bill was introduced at Westminster in May 2022, the Government, together with all the main political parties in Northern Ireland, victims and their representatives, church leaders and civic society, have consistently expressed strong opposition to the approach to dealing with the past which the UK government have taken.
I take every opportunity to raise these concerns with the Secretary of State for Northern Ireland. I have repeatedly made clear to him my clear view that the approach proposed is not compliant with the European Convention on Human Rights and would damage reconciliation efforts in Northern Ireland. The UK Government are aware that our preferred approach to dealing with these issues would be that agreed by the two Governments, together with Northern Ireland leaders, at Stormont House.
The Stormont House Agreement was the result of an inclusive, all-party process and enjoyed significant support from those most directly impacted by the Troubles. This Bill, in contrast, was introduced without meaningful consultation with those most affected, victims, civil society, and Northern Ireland parties, and with no genuine engagement with the Irish Government. The enactment of this Bill will not draw a line under legacy issues, but will instead ensure that it remains a source of contention, suspicion and mistrust.
This Bill has been the subject of significant international criticism. On 19 September, the Committee of Ministers of the Council of Europe expressed its serious concern with the Bill for the sixth time, and invited the Chair to send a letter to the UK authorities outlining the concerns of the Committee. This is a significant step following the adoption of an interim resolution in June 2023, and demonstrates the strength of opposition among Member States.
I am aware of calls for consideration of the initiation of an inter-state case against the United Kingdom before the European Court of Human Rights in relation to the UK Legacy Bill. Many of those calls come from groups representing victims, and from elected members of this House. As the Taoiseach and I have stated, the Government have sought legal advice on this matter via the Attorney General. When that advice is received the Government will consider what subsequent action will be taken.
