Oireachtas Joint and Select Committees

Thursday, 24 February 2022

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement

Engagement with Representatives from the Committee on the Administration of Justice

Mr. John Finucane:

I thank Mr. Holder and Ms Boyd for the work they are doing, especially that outlined in the opening statement. We could probably designate an entire committee hearing to just one of the issues touched on in the statement. I appreciate a lot is packed in there.

I will pick up where Mr. Holder was stopped in the context of legacy. Some of the issues have been answered. The committee has received evidence and testimony from a wide range of individuals and groups over the past year since the British Secretary of State published the Government's command paper on dealing with legacy. We are yet to see the legislation that will follow. My question is about advancing and developing more, if the legislation reflects what is in the command paper, which is shutting down investigative avenues for families. Will the representatives talk a little more about the options open to an Irish Government? They talked about an inter-state case being a primary vehicle and UN structures just before Mr. Holder stopped speaking. Will they focus on that again? What role can this committee play in lobbying the Irish Government to take such an action in the event that the legislation reflects the command paper? To Mr. Holder's knowledge, would any such challenge have the effect of staying such legislation until the particular vehicle of challenge is exhausted? For example, if the legislation is published and stayed for a period due to a challenge, would it allow families to continue to utilise the coronial system, judicial review, civil cases, the Police Ombudsman for Northern Ireland, PONI, and, in a very small number of cases, our criminal justice system?

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