Oireachtas Joint and Select Committees

Thursday, 23 November 2017

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement

Northern Ireland Issues and Implications of Brexit for Good Friday Agreement: Minister for Foreign Affairs and Trade

2:10 pm

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael) | Oireachtas source

In response to Mr. Molloy's question on legacy issues and the consultation process which we hope will start soon, the idea and the sensible discussions concerned trying to get an Executive up and running and within weeks to build on that momentum and get a consultation process under way on the UK draft Bill on legacy. We will then try to bring forward positive political momentum as well as try to get communities to engage constructively in that consultation process which will be a painful, difficult exercise. Political parties will need to be helpful, responsible and supportive of communities to get the right outcome. That is the ideal sequencing if possible. The British Government has to use its own judgment on that.

If it is not possible to get devolved institutions up and running, decisions will have to be made on when that consultation process may begin, how it would happen and on how to get as many of the families and victims as possible to buy in to that consultation process actively and positively. Our view is that it would be very unhelpful to have as part of the consultation process any new questions around the use of the Statute of Limitations or the application of an amnesty. That would create a tiering of categories of atrocities, treating them differently, depending on where a person comes from and who they were working for, whether for the State or not.

The use of a Statute of Limitations in that way and the application of an amnesty is not catered for in the Good Friday Agreement or in any of the subsequent agreements. It is certainly not catered for in the Stormont House legacy framework. This has come from a different source, from a defence committee in Westminster. Of course, people are entitled to raise the issue, but that does not mean, in our view, that it should become part of either the consultation process or the process itself given that it is not part of what was agreed in terms of the way forward. We have made our view very clearly understood on this issue to the British Government and, as late as this morning, to the Northern Ireland Office in the context of the potential it has to undermine the credibility of the consultation process from day one.

I will speak to the Secretary of State later this evening, and I will make these points to him because I have a genuine concern about it. I have spoken to a number of families from both communities who are struggling to deal with very painful and difficult memories. Their demand is the truth, and we need to ensure we have structures in place that are credible and trusted by victims and their families so we can try to get to the truth as part of taking forward a structured legacy process consistent with the Stormont House Agreement, and consistent with the European Convention on Human Rights, in terms of the obligations here for how we manage legacy over a period of time. I hope this is a clear answer.

With regard to Senator Mark Daly's questions, I take his point on the process of measuring progress on implementation. He raised it in the Seanad recently when we had a big debate on it. We had a brief discussion on it this morning, anticipating that he may raise it again today. We will look at it and see if we can provide something that is a bit more comprehensive.

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