Mr. Paul Farrell:

There are provisions within the rules of European Court of Human Rights on interim measures but it would not be for us to comment on how the Irish Government approaches that. Interim measures have been raised in relation to interstate cases where there are pressing issues regarding medical treatment or life situations. It is something we have discussed although, again, I am extremely conscious that I do not want to stand on ground when I am unable to do so given that this is a matter for the Irish Government side. We wondered whether this case was of such significance for truth recovery that interim measures could be petitioned before the European Court of Justice by the Irish side to suggest a continuation of the system as it stands until such time as the court makes a definitive ruling. The Deputy is quite right that retrospective judgment on something as important as this could potentially take three years. As was stated earlier, none of us is getting any younger and people need answers while we still have an opportunity to receive those answers. It would be a matter for the Irish Government as to what interim measures it may petition the court for.

In the challenge before the Belfast court at the moment, which I have no doubt will end up in the UK Supreme Court, it will be a matter for the UK courts to determine whether the legislation should be struck down in its entirety. There is a difficulty that I see arising. As Mr. McCord referred to, if there is a piecemeal judgment that some parts of the proposals are non-compliant with human rights principles, that will leave us in something of a quandary as to the overall authority of the new system if it is partially declared to be unlawful in certain areas of inquiry. The case going through the Belfast court will take some time. This really is a quandary. We are here to offer our full-square support the Irish Government fully in its case against the UK Government.