Dáil Éireann Debate, Thursday - 7 March 2024
38. Deputy Aindrias Moynihan asked the Tánaiste and Minister for Foreign Affairs his engagement to date with his UK counterparts on the recent court decision in Northern Ireland on the Northern Ireland legacy issues; and if he will make a statement on the matter. [11108/24]
View answerThe European Convention on Human Rights (ECHR) is a safeguard fundamental to the Good Friday Agreement and sets a clear benchmark against which to assess actions and legislation affecting Northern Ireland. On 28 February, Mr. Justice Colton delivered his judgment in the High Court in Belfast on the UK government's Legacy Act, finding that that a number of provisions of the UK Legacy Act are not compatible with the ECHR. This is a long and detailed judgment which requires rigorous attention.
Speaking in Westminster just after the judgment was delivered the Secretary of State for Northern Ireland, Chris Heaton Harris, said that he would consider the findings of Mr. Justice Colton very carefully. The Secretary of State also stated that he remained committed to implementing the UK Legacy Act, including the establishment of the Independent Commission on Reconciliation and Information Recovery.
As the Deputy will be aware, in December, the Government decided to initiate an interstate case against the UK Government at the European Court of Human Rights in respect of the UK’s Legacy Act.
The decision to initiate such case was not taken lightly. The Government greatly regrets that this is the space in which we find ourselves. However, Government’s approach to legacy issues has been that it must be victim centred and compliant with international human rights standards.
While both the Government’s case and the Belfast High Court judgement related to the Legacy Act’s compliance with the ECHR, they are separate. The inter-state case is now with the European Court of Human Rights.
Pending completion of our examination of last week's judgment by the Belfast High Court, I have not yet spoken to the Secretary of State on its implications but will do so as part of my ongoing engagement with the Secretary of State on legacy matters.
