Oireachtas Joint and Select Committees

Thursday, 7 December 2023

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement

United Kingdom Northern Ireland Troubles (Legacy and Reconciliation) Act 2023: Discussion

Mr. John Finucane:

Yes. Understandably, I imagine today's two sessions will deal a lot with the legislation and how the challenge has proceeded and what can possibly be done, but it is important to remember in all this there is a tremendous burden, to put it lightly, on many families across society. It is important that what they are facing is on the record.

In the context of the legal case, I would like to explore the witnesses' view of how the opening session went. I am pressed for time. It dovetails well into what Mr. Thompson said about the burden families face. The opening statement notes this is time families cannot afford. On 15 November, Reuters reported an interview with the Taoiseach, Deputy Leo Varadkar, commenting on the inter-state case in which he stressed that the initiation of an inter-state case would be a significant step and would have to be taken on solid ground. He said it would not be taken lightly. He went on to say:

Based on the attorney general's advice, there is a period during which we can take a case and after which it becomes more difficult. So we will have to make a decision on this in the next few weeks.

I would like to hear the witnesses' views on that.

In case, I do not get time to ask a further question, I will ask it now. There were 12 observations on and criticisms of the legislation. There are some who will say it is amendable. That voice may come from those currently in power on either side of the Irish Sea. I wonder what the witnesses would say about the legislation. Can it be fixed by amendment and what is the alternative? My two pronged question is about the importance of an inter-state case and the urgency of coming to a decision about it; and any comments the witnesses have about the possibility of amending and thus perfecting the legislation. Subject to correction from the Chair, I think the committee wrote to the Attorney General when the legislation was in Bill form urging him to consider taking an inter-state case.