Dáil Éireann Debate, Thursday - 16 November 2023
59. Deputy Pauline Tully asked the Tánaiste and Minister for Foreign Affairs further to Parliamentary Question No. 144 of 23 May 2023, and in light of the British government's Legacy Bill receiving royal assent and entering into law on 18 September, if the Government will now proceed with lodging an interstate case against the British government with the European Court of Human Rights within the four-month time period this case must be lodged. [41888/23]
View answerThe British Government's Northern Ireland Troubles (Legacy and Reconciliation) Act received Royal Assent on 18 September.
I am seriously concerned about the Act's impact on the fundamental work of reconciliation in Northern Ireland, and about its compatibility with the European Convention on Human Rights. The incorporation of the Convention into Northern Ireland law was an explicit requirement of the Good Friday Agreement.
The Government believe that this Act will not draw a line under legacy issues, but will instead ensure that it remains a source of contention, suspicion and mistrust, undermining the reconciliation which we have worked so hard to progress. It is a matter of deep regret this is the space in which we find ourselves.
The Government sought legal advice from the Attorney General on the possibility of Ireland initiating an interstate case at the European Court of Human Rights to test the compatibility of the British Legacy Act with the European Convention on Human Rights. Detailed and comprehensive legal advice has now been received from the Attorney General, an essential contribution to our consideration of whether or not to take an interstate case. We are carefully studying that advice and considering next steps.
I must emphasise that the initiation of an interstate case would be significant and would have to be done on solid legal grounds. It is not a decision which could, or should, be taken lightly.
The Government will look at the broader implications of such a decision in the round, including on the bilateral relationship with the UK as well as broader political and civic concerns in Northern Ireland on legacy issues. We will also take account of the opposition to this Act which has been expressed over the last eighteen months in this House and by victims’ groups and families across this island. The Government are fully aware of relevant timelines initiating a case to the European Court of Human Rights and the need to make a timely decision on this matter.
At all times, the Government will be guided by the best interests of victims and their families.
