Dáil Éireann Debate, Thursday - 30 November 2023
169. Deputy Matt Carthy asked the Tánaiste and Minister for Foreign Affairs if he will outline the relevant timelines regarding the initiation of a case to the European Court of Human Rights in the case of the so-called legacy Bill adopted by the British Parliament; if he has engaged with those individuals who have taken cases; and if Government intends to take an inter-state case on this issue. [52835/23]
View answerThe British Legacy 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 the past 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 Convention. Detailed and comprehensive legal advice has now been received from the Attorney General, an essential contribution to our consideration of next steps.
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, 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 in this House and by victims’ groups and families across this island. The Government is fully aware of relevant timelines initiating a case and the need to make a timely decision on this matter.
The Government will continue to be guided by the best interests of victims and their families.
My officials have been following closely the cases being taken in the High Court in Belfast and are in ongoing contact with organisations who are providing them with assistance.
