Dáil Éireann Debate, Tuesday - 26 September 2023
407. Deputy Patrick Costello asked the Minister for Justice if she will introduce legislation to give effect to the Government commitment to legislate for an independent commission on information retrieval as part of our legacy commitments in relation to the Troubles. [41162/23]
View answerThe Stormont House Agreement, concluded by the two Governments and the Northern Ireland Parties in December 2014, provides for a framework of measures to address the legacy of troubles-related violence in Northern Ireland. The framework of measures agreed include the establishment of the Independent Commission on Information Retrieval (ICIR).
Given the cross-border nature of the ICIR, in September 2015, the Government signed an International Agreement with the British Government on the establishment of the Independent Commission for Information Retrieval (ICIR). The development of proposals for legislation to establish the ICIR in this jurisdiction have been progressed, in close cooperation with the Department of Foreign Affairs, and Heads of Bill are well advanced. However, the ICIR would require legislation to be enacted in both jurisdictions with parallel provisions in order for it to come into effect.
As the Deputy will be aware, the UK Government unilaterally moved away from the framework of measures in the Stormont House Agreement when it published the Northern Ireland Troubles (Legacy and Reconciliation) Bill last year. That Bill has recently been enacted into law. The Northern Ireland Troubles (Legacy and Reconciliation) Act does not provide for an Independent Commission for Information Retrieval as set out in the Stormont House Agreement and therefore our legislation cannot be progressed at this time.
The Government has been clear and consistent in our opposition to the UK Legacy legislation, as have all political parties in Northern Ireland, the Northern Ireland Commission for Human Rights, many victims groups and others. I have raised the Government’s concerns around this legislation with British counterparts, as have the Tánaiste and Taoiseach on multiple occasions. The Government believes that the Act, which is a unilateral departure from the Stormont House Agreement, is not fit for purpose, and raises fundamental issues around compatibility with international human rights obligations.
The Government are 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 Act. The Tánaiste has sought legal advice on this matter and when that advice is received the Government will consider what subsequent action will be taken.
