Brendan Smith (Cavan-Monaghan, Fianna Fail) | Oireachtas source

I thank Professor McEvoy and Mr. Holder for their excellent presentation to this committee and the absolute clarity in their presentation on a complicated issue. From listening to them, and based on previous discussions, it is obvious that this legislation proposed by the British Government is a charter to excuse murderers, whether by state forces or paramilitary organisations. In any democratic society it is a sad day when we are talking about introducing that type of legislation. I gather from the witnesses' comments that a person could literally grant himself or herself an amnesty if he or she says something is true to the best of his or her knowledge and belief. That is shambolic altogether, to put it very mildly. It is reprehensible and absolutely unacceptable. We have had discussions in the Dáil and Seanad, which many of us participated in, since this Bill was first introduced by the British Government. I and others have compared this legislation to what tinpot regimes in South America would have introduced. That was a political charge on my part but the witnesses put a legal hat on that when they said it was even less that what General Pinochet granted people. The witnesses outlined that clearly. We can make the political charge, which we stand over. It is a fairly frightening message that this is the type of legislation proposed by the British Government and which has unfortunately passed through a House in the British Parliament. It is reprehensible.

The witnesses' written submission is powerful as it is so comprehensive and succinct. It sends out a stark message:

We have concluded that the bill is unworkable, is in breach of the Good Friday Agreement, interferes with the devolved administration of justice in Northern Ireland, contravenes binding international law and that it will not deliver for victims and survivors, many of whom have waited for decades for truth and justice.

That is a powerful summary of what should not be done with regard to dealing with legacy issues. It is shameful that any Government or the people who voted for this legislation in the British House of Commons would put their names to such reprehensible legislation. I compliment the witnesses, their committee and their colleagues on the excellent work they do. They say they have a lot of close contact and interaction with the Department of Foreign Affairs. The Taoiseach, the Minister for Foreign Affairs, other members of the Government and people of all political groupings in these Houses have outlined very clearly and on every occasion their absolute opposition to this legislation.

The Cathaoirleach and my colleague, Senator McGreehan, referred to horrific murders that took place years ago, some carried out by paramilitary organisations and some by British forces. Time is ebbing away. There are families that have campaigned for decades who I and others have supported for years in trying to get justice. This legislation proposes to cut off any avenue to getting the truth, never mind getting a person prosecuted. Those families act with such grace and dignity all the time. All they ever want to get is the truth. There is nothing vengeful about them. They are very gracious. Some of those families have been here at this committee and we meet them in our constituencies. This Bill is telling them it does not matter now what work they have done or what conclusion the investigation might come to. That is all for naught. It is deplorable. It is great that the clear and stark message the witnesses have given with great clarity is not just coming from us as a political message from us as public representatives. It is backed up by international law as well. I compliment the witnesses on their work and they should keep it up.