Oireachtas Joint and Select Committees

Thursday, 4 May 2023

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement

Engagement with Representatives of Truth Recovery Process

Mr. Padraig Yeates:

We believe it could but there would have to be an additional dimension to it. This would involve saying to people that they are still entitled to go to the courts but that they have an option. One of the problems with Article 2 is the procedural dimension. The difficulty with Article 2 is that if I get into court and can make a prima faciecase that a relative of mine died as a result of something done by, or negligence on the part of, the British state or, indeed, the Irish State, I am entitled to use the Article 2 process. Once that happens, one is getting the case financed by the taxpayer on both sides - by both the defendant, or the Government involved, and the plaintiff. I am sorry to say I believe we have a legal industry in the North based on legacy cases. That is not good for society. It is not good for lawyers either because they should be doing other things. That statement will not be popular with people but it is a fact. Many in the North feel there is a legacy industry pursuing cases in order to generate income.