Dáil Éireann Debate, Tuesday - 31 January 2023
77. Deputy Paul McAuliffe asked the Tánaiste and Minister for Foreign Affairs if he will report on his recent meeting with an organisation (details supplied) in Northern Ireland; and if he will make a statement on the matter. [4214/23]
Amharc ar fhreagra124. Deputy Brendan Smith asked the Tánaiste and Minister for Foreign Affairs the engagement he has had with the United Kingdom government on Northern Ireland legacy issues; and if he will make a statement on the matter. [4265/23]
Amharc ar fhreagra131. Deputy Pauline Tully asked the Tánaiste and Minister for Foreign Affairs his views on the intended amendments to the Northern Ireland Troubles Bill published by the British Government on 18 January 2023; if, the inclusion of these amendments informs the plans of the Government in relation to taking an inter-state challenge considering that committee stage is scheduled for the 24 and 31 January 2023, and the final stages of the bill could follow relatively soon thereafter; and if he will make a statement on the matter. [4432/23]
Amharc ar fhreagraI propose to take Questions Nos. 77, 124 and 131 together.
Since taking up my role as Tánaiste and Minister for Foreign Affairs, I have engaged on legacy issues, in particular our opposition to the Legacy Bill, as a matter of priority. Prior to this, as Taoiseach, I raised this issue with Prime Minister Sunak.
I have engaged formally with the Secretary of State for Northern Ireland three times since appointment and raised this issue on each occasion, most recently at the British Irish Intergovernmental Conference on 19 January. Last week, the Taoiseach raised the issue again with Prime Minister Sunak.
During the British Irish Intergovernmental Conference, I made clear our view that this Bill, if implemented, would not be compliant with the European Convention on Human Rights and would damage reconciliation efforts in Northern Ireland. The Bill as it stands is not fit for purpose, is not supported by political parties or civil society in Northern Ireland and represents a unilateral move away for the Stormont House Agreement. I also raised a number of individual legacy cases, including the Dublin Monaghan Bombings and the case of Pat Finucane.
In our discussions, the Secretary of State has highlighted the British Government's proposed amendments to the Legacy Bill, which have been tabled in the House of Lords. I have been very clear and frank that the proposed amendments do not alter our view of the Bill. We do not see how these amendments will address our fundamental concerns or those raised by victims, their representatives, or international human rights organisations.
The Irish government has repeatedly stated in previous meetings with our British counterparts that any amendments to the Bill would need to be radical and fundamentally change the substance of this Bill for it to meet our concerns around immunity, compliance with human rights obligations, and victims’ participation. The amendments published by the House of Lords last week simply do not do so. They address a limited range of issues and where they implicitly respond to criticism of the Bill, they do so insufficiently. In particular, the Bill provides for the granting of immunity from prosecution for gross violations of human rights on the basis of participation in the review process. There is no proposed change to this immunity scheme.
There has been increased criticism of the Bill and growing calls for it to be paused, domestically, from the UK’s own Parliamentary Human Rights Committee and, internationally, from the UN High Commissioner for Human Rights, the Council of Europe Commissioner for Human Rights and members of the US House of Representatives. The British and Irish Governments have engaged on the Bill at the Council of Europe Committee of Ministers' meetings in Strasbourg. Since the Bill's publication, that Committee has produced three decisions, most recently in December 2022, which echo our serious concerns.
I am aware of increasing calls for Ireland to consider the initiation of an inter-state case at the European Court of Human Rights in relation to the Bill. The Government’s current assessment is that such a step would be premature. The Government, however, continues to keep this matter under review. I have also made the Secretary of State aware of this growing pressure for an interstate case.
Throughout my previous roles and now as Tánaiste and Minister for Foreign Affairs, I have valued the opportunity to meet with numerous victims' groups, families and survivors of Troubles-related attacks, North and South on the island of Ireland, to hear their views, experiences and concerns. We cannot hope to make progress on this difficult issue without the involvement of victims. As part of this continued outreach, I visited the WAVE Trauma Centre in Armagh. I met with their staff and a group of victims’ families and survivors.
During this meeting I heard directly of their personal experiences and ongoing challenges in seeking truth and justice. I heard from families of the disappeared and discussed victims’ services. The group also highlighted the ongoing impact lack of progress on legacy issues is having on reconciliation efforts, placing a barrier on families and communities' ability to move forward.
The group highlighted their serious concerns about the impact of the proposed UK Legacy Bill.
The meeting underscored to me the lasting damage the enactment of this Bill could do and the urgent need for a new collective path, human rights compliant and victims focussed, to be found. The Government continues to use all avenues to urge the British Government to pause this legislation to allow space for a collective path forward on this important issue to be found, such as we had with the Stormont House Agreement.
In concert with these efforts, I will maintain my ongoing engagement with victims' groups from all communities, regardless of the perpetrators, to take account of their views and maintain their needs at the core of our approach.
