Dáil Éireann Debate, Thursday - 28 September 2023
24. Deputy Paul McAuliffe asked the Tánaiste and Minister for Foreign Affairs when he expects to receive legal advice in relation to the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023; and if he will make a statement on the matter. [41857/23]
View answer35. Deputy Robert Troy asked the Tánaiste and Minister for Foreign Affairs what action he plans to take in regard to the British government's legacy Bill; and if he will make a statement on the matter. [41869/23]
View answerI propose to take Questions Nos. 24 and 35 together.
The Northern Ireland Troubles (Legacy and Reconciliation) Act is a unilateral and unnecessary departure by the UK Government from the agreed processes for dealing with legacy set out in the Stormont House Agreement. It was introduced without meaningful consultation with those most affected, including victims, civil society, and Northern Ireland parties, and with no genuine engagement with the this Government.
I have repeatedly made clear to the Secretary of State for Northern Ireland the Government’s strong concerns around the Act’s compatibility with the European Convention on Human Rights, in particular, provisions around the granting of immunity for crimes amounting to gross human rights violations and the shutting down all outstanding legacy inquests.
Similar concerns have been shared by international experts and observers, including the Council of Europe Commissioner for Human Rights and the UN High Commissioner for Human Rights. Last week, the Committee of Ministers of the Council of Europe invited the Chair to send a letter to the British authorities outlining their concerns. This followed their sixth substantive debate on the Bill, which has now been enacted.
Incorporation of the ECHR into Northern Ireland law was an explicit requirement of the Good Friday Agreement. Undermining the protection of the fundamental rights of people in Northern Ireland, damages the process of reconciliation, which we have worked so hard to progress.
I am fully aware of calls for 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. Many of those calls come from groups representing victims. The Government is fully aware that this would be a significant step, and is not one which will be taken lightly. As the Taoiseach and I have stated, the Government have sought legal advice on this matter from the Attorney General. I look forward to receiving that advice in the near future and when that advice is received the Government will consider what subsequent action will be taken.
