Dáil Éireann Debate, Thursday - 16 November 2017
9. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if his attention has been drawn to the fact that the Armed Forces (Statute of Limitations) Bill had its first reading in the House of Commons on 1 November 2017 (details supplied); and if he will make a statement on the matter. [48397/17]
Amharc ar fhreagraI tabled this question after First Stage of the Armed Forces (Statute of Limitations) Bill was taken in the House of Commons. The Bill aims to prevent the prosecution of British soldiers for crimes committed during the conflict in Ireland. It is in direct contravention of the Stormont House Agreement. It is sponsored by two DUP MPs. I understand the British Government has made a statement declaring it will not support the Bill. Has the Minister raised this matter directly with the British Government and will he make a statement on this issue?
We have skipped a few questions. Is this because the Members are not here?
The questions were in the names of Deputies Boyd Barrett and Burton.
That is a shame, particularly the question on Yemen.
Perhaps we might get the permission of the House to take it. We will work on this question first.
I will work with the House. I apologise to Deputy Crowe and I will answer his question now.
The Government has consistently emphasised the urgent need to move ahead with the establishment of the legacy framework provided for under the Stormont House Agreement. Victims and survivors of the Troubles continue to wait for delivery of this, having had to wait for far too long already for a suitable and effective system in Northern Ireland to deal with legacy issues from the Troubles.
There are no amnesties from prosecution provided for in the Good Friday Agreement or any subsequent agreements, including the Stormont House Agreement. The Government has been clear that it would not look favourably on any proposal to introduce such a measure, for state or non-state actors. The Government’s position is that the rule of law, including the requirement under Article 2 of the European Convention on Human Rights, for effective investigations of unlawful killings, must be upheld by all responsible authorities.
I am aware of the Private Members' Bill recently introduced in the House of Commons to which the Deputy refers. I note the British Government's response on 13 November to the House of Commons Defence Committee report on investigations into fatalities in Northern Ireland involving British military personnel. In this response, the British Government confirms that it is "necessary and appropriate that allegations against the UK's Armed Forces are properly investigated". I welcome the reaffirmed commitment of the British Government in this response to the full implementation of the Stormont House Agreement.
The legacy process is not about seeking to find an artificial balance or equivalence in investigations but about ensuring that we have a comprehensive approach. That means effectively investigating all Troubles-related deaths, regardless of the circumstances. That is the approach provided for in the Stormont House Agreement.
The Government will continue to engage with the British Government and the political parties to seek an urgent move forward on legacy issues by establishing a Stormont House framework in a manner which will meet the legitimate needs and expectations of all victims and survivors and contribute to broader societal reconciliation as an integral part of the peace process. I met the Commissioner for Victims and Survivors for Northern Ireland earlier this week. She is a hugely impressive individual and both Governments need to help her to do her job.
I welcome the Minister's declaration. I think the Bill is unwelcome and a clear contravention of the Stormont House Agreement. It is extremely worrying that Tory and DUP MPs, and even some Labour Party MPs, want to apply a statute of limitations to crimes committed by the British military during the conflict in Ireland, including collusion with unionist death squads, the killing of non-combatants in incidents like the Ballymurphy massacre and the Miami Showband murders and involvement in the Dublin and Monaghan bombings. These are just some of the many actions masterminded or aided by British intelligence. During the Stormont House talks, the DUP was adamant that there would be no amnesties. The final agreement clearly ruled out any amnesties and instead provided for a range of mechanisms to deal with the past. I do not know whether the tabling of this Bill was a solo run but it reinforces the idea that there is a hierarchy of victims. I do not know what the Minister's views are on the wider implications of this type of Bill, including its impact on victims and on society. Is the Minister concerned about the direction in which this type of legislation would bring us?
I have discussed legacy issues at length with the Secretary of State for Northern Ireland, James Brokenshire. I believe the British Government is deeply committed to moving ahead with the legacy framework that was outlined in the Stormont House Agreement. Both Governments will take a unified approach to try to ensure that framework works. I hope the consultation process that must take place initially will take place in the context of the re-establishment of the Northern Ireland Executive, which is something that everybody wants to happen. That would allow us to try to deal with some of the legacy issues that are still deeply divisive in Northern Ireland. I want the Irish Government to play a constructive role in that regard. I expect that legislation will be introduced to ensure the Irish Government can assist with legacy inquests, thereby helping to answer some of the questions that people want to see answered. We will do everything we can to try to be constructive and positive in this regard. In the context of Deputy Crowe's question, I do not think it is helpful for people to be promoting the concept of amnesties at this stage because that creates unnecessary division.
As I have said, agreement on the way to move this on was reached at Stormont House. It is clear that legacy issues are still outstanding. I welcome the Minister's statement that "a unified approach" will be taken in this respect. I ask him to expand on the approach that is being taken to legacy issues. The British Government will have the huge responsibility of funding legacy cases and dealing with the difficulties faced by many families. Some families have been waiting for 41 or 42 years for inquests into the deaths of their loved ones to take place. I ask the Minister to expand on his suggestion that legislation will need to be introduced in this jurisdiction. How does he feel that will complement this process?
One thing we can do as a Government to assist in legacy inquests is to allow for evidence that is relevant to inquests in Northern Ireland to be heard in Dublin. The Minister for Justice and Equality, Deputy Flanagan, understands these issues really well, having previously served as Minister for Foreign Affairs and Trade. He is committed to the introduction of the legislation in question, on which we have been working for a while. We are committed to the establishment of a unique structure to facilitate the hearing of evidence in a jurisdiction that is outside the jurisdiction where the inquest is taking place. I hope that gives a signal to all of the communities which are going to find the legacy issues difficult that the Irish Government wants to support fully all efforts to establish the truth in these inquests. I do not think money will be a barrier but that is a matter for the British Government in conversation with the political parties in Northern Ireland. I know that conversation has already taken place.
We will revert to Question No. 7. It is in the name of Deputy Boyd Barrett, but permission has been given to Deputy Gino Kenny to introduce it.
I apologise for the earlier confusion.
