Dáil Éireann Debate, Tuesday - 25 July 2023
63. Deputy Ruairí Ó Murchú asked the Tánaiste and Minister for Foreign Affairs if he will outline the plans he has to respond to the British government’s Legacy Bill, particularly when it is enacted; and if he will make a statement on the matter. [37129/23]
Amharc ar fhreagraSince the Northern Ireland Troubles (Legacy & Reconciliation) Bill was introduced at Westminster in May 2022, the Government has been consistent in its view that the UK Bill is not fit for purpose. I believe that its provisions granting immunity from prosecution for crimes including unlawful killing are incompatible with the ECHR. I am also deeply concerned that this unilateral process sees the shutting down of existing avenues to truth and justice for historic cases, including inquests, police investigations, ombudsman investigations as well as civil actions - avenues which however imperfect are delivering results today. The amendments to the Bill introduced by the British government at the start of June do not change this assessment.
This flawed legislation was drafted without consultation with this Government or the political parties in Northern Ireland. It is a unilateral departure from the Stormont House Agreement, which outlined a way forward on legacy based on agreed human rights standards. If this legislation is enacted, it is my strong view that it could damage reconciliation efforts in Northern Ireland.
I have repeatedly raised these concerns with the Secretary of State for Northern Ireland, most recently at the British Irish Intergovernmental Conference and the British Irish Council in June. On both occasions I made clear my strong view that this Bill, if implemented as it stands, would not be compliant with the European Convention on Human Rights and urged him to pause the progress of the Bill and to instead focus on an approach which puts victims at its centre and is compliant with international human rights standards. This continues to be my view.
International observers continue to express their opposition to the UK Legacy Bill as it has progressed through the British Parliament. Most recently, the Council of Europe Commissioner for Human Rights, Dunja Mijatovic, the US Ad Hoc Committee to Protect the Good Friday Agreement, and the Council of Europe Committee of Ministers have all reiterated their strong concerns around the Bill's compliance with international human rights legislation. This demonstrates the extent to which the British government is acting alone. In contrast to the Stormont House Agreement, this Bill does not have the support of parties in Northern Ireland, or victims and families.
The Bill is now going to a process of conciliation between the Houses of Commons and Lords in the British parliament. This provides a further opportunity to pause the Bill and engage with stakeholders in Northern Ireland and elsewhere to come up with a better approach which would in fact address the real needs of victims, survivors and their families, as well one which would contribute to needed reconciliation in Northern Ireland.
