Enda Kenny (Mayo, Fine Gael) | Oireachtas source

I move:

That Dáil Éireann:

supports the Ballymurphy families in their quest for the truth through an Independent Panel of Inquiry concerning the context, circumstances and aftermath of the events in August 1971 in which eleven people died in Ballymurphy in West Belfast;

disagrees and is disappointed with the decisions by the Secretary of State for Northern Ireland in April 2014 not to establish independent reviews into certain Troubles-related deaths, including into the events in Ballymurphy in August 1971;

notes that the Taoiseach met the Ballymurphy families on 27th March last at which time he reiterated the Government's support for the families' quest for the truth and justice regarding the deaths of their loved ones, including their proposal for an Independent Panel of Inquiry, and that he has written further to Prime Minister Cameron on the matter;

calls on the relevant authorities in Northern Ireland and in Britain to ensure that incidents such as Ballymurphy, and other cases of similar circumstances and contention, are dealt with in a manner and a timescale that meets international human rights standards;

notes:— in addition, the importance of addressing legacy issues related to the Troubles in a comprehensive way that encompasses all victims of violence and that respects the principles of the Stormont House Agreement, namely:

— promotes reconciliation;

— upholds the rule of law;

— acknowledges and addresses the suffering of victims and survivors;

— facilitates the pursuit of justice and information recovery;

— is human rights compliant; and

— is balanced, proportionate, transparent, fair and equitable; and

— that inquests have now been reopened in Northern Ireland into a number of the deaths at Ballymurphy in August 1971 and other similar cases and calls on the British Government and all relevant authorities to co-operate fully and in a timely manner with those inquests and in line with the principles for dealing with the past established in the Stormont House Agreement;

supports the:

— implementation of the comprehensive institutional arrangements agreed under the Stormont House Agreement as part of the transition to long-term peace and stability, for dealing with the legacy of the past – in particular, the Historical Investigations Unit (HIU); the Independent Commission on Information Retrieval (ICIR); an Oral History Archive; high quality services for victims and survivors and an Implementation and Reconciliation Group; and

— full co-operation of all relevant Irish authorities with the mechanisms provided under the Stormont House Agreement as part of the transition to long-term peace and stability;calls on the Secretary of State for Northern Ireland to reconsider her decision in April 2014 not to establish an independent panel to consider the events in Ballymurphy in August 1971; and

directs the Clerk of the Dáil to communicate the text of this Resolution to both the Northern Ireland Assembly and the House of Commons of the United Kingdom of Great Britain and Northern Ireland, with a request that the matter be considered by them and appropriate action taken.

The motion before the House is one that brings with it a sense of profound sadness on the part of all of us who will contribute to the debate: sadness for the 11 lives lost in the shocking and terrible events that occurred in Ballymurphy in August 1971; sadness for the bereaved and still grieving families, many of whom we warmly welcome to the House today, of those killed; and sadness, too, at the realisation that justice and truth still elude the Ballymurphy families.

I acknowledge the presence of some of the family members and representatives of those who lost their lives during that appalling period. With the Tánaiste and the Minister for Foreign Affairs and Trade, I have just met the families. The suffering they have endured through the loss of their loved ones has been compounded by the anguish caused by the failure, to date, to establish the truth about the tragic events which occurred almost 44 years ago.

I also acknowledge the presence of representatives of the McGurk's bar families who are here in support of the Ballymurphy families. They, too, have suffered the pain of losing loved ones in terrible events that occurred on 4 December 1971, when 15 people were killed and 17 injured in a loyalist bomb blast in the New Lodge area of north Belfast. I know that they also have had a long quest to get to the truth of the events that so cruelly took their loved ones. We hope the recently granted judicial review of the Historical Enquiries Team investigation into these dreadful events will help that process. I recognise that there are very many bereaved families who are carrying a painful burden of loss from that period. In a great number of these cases justice has yet to be done. Tragically, in some, with the passing of time, justice may never be done. While those who died are mourned within their own families and remembered within their local communities, their stories do not necessarily receive a public profile. I express my utmost solidarity with all of these families. Their suffering is a further reminder, if any was needed, of the importance for all of us to comprehensively address the legacy of the past.

The deaths at Ballymurphy in August 1971 are part of that tragic legacy. When I first met the families at Government Buildings on 30 January 2014, I heard at first hand heartbreaking personal accounts of the deaths of their loved ones. I was struck by their determination to achieve truth and justice in order to honour the lives of those who had been killed. I was moved beyond words to hear of their need to get to the truth of the circumstances of the deaths of their loved family members. They know that nothing can ever replace those whom they lost, but they believe, as I do and all present, that the very least they are owed is the truth. I told the families - I reiterate it in Dáil Éireann - that the Irish Government supported them and was fully committed to assisting them in that search for justice. I told them that we supported them in their quest to find out the truth and vindicate the good names and reputations of their loved ones. I told them that the Government supported the call for an independent review to examine all documents relating to the context, circumstances and aftermath of the deaths of their loved ones. I welcome the all-party motion we are debating which consolidates our support for the families. I thank all parties and Members of the House for their support of the all-party motion.

When I met the families, I undertook to raise the matter directly with Prime Minister Cameron. I did so, both in writing and in person in March 2014. I also took the opportunity to recount to him some of the searingly painful stories that the Ballymurphy families had shared with me. I visited Ballymurphy in March this year. I heard further testimony from the families at the scene of what would always be a place of great sadness for them. It is a place which is their home but which will always bear the scars of the atrocity committed there. That visit again brought home to me in the most powerful way imaginable because I stood where the tragic events had happened just what the families had gone through and the great pain and suffering they had experienced. Following that visit I renewed efforts with Prime Minister Cameron, both in writing and in person when I met him on 18 June last, to reiterate the Government's support for the families' quest for truth and justice. I expressed the Government's strong view that a way should be found to get to the truth of what happened during those dreadful days in August 1971. The Prime Minister, for his part, remains unpersuaded of the need for an independent inquiry. The British Government is of the view that the balance of public interest does not lie in favour of establishing the independent review that the Ballymurphy families are seeking. I believe the British Government's position in this matter is wrong and will continue to press for an independent inquiry, as will my Government colleagues. Moreover, Dáil Éireann, the House of representatives of the people of the Twenty-six Counties, believes the British Government's position is wrong in this instance. The all-party motion reaffirms and reinforces that belief and consolidates support from the Dáil for the Ballymurphy families.

It is important to remember all of the victims of the Troubles. Since assuming the office of Taoiseach, I have stood with the families in Ballymurphy in the place where the horrendous killings took place in August 1971. I have stood with the families in Bessbrook where the awful Kingsmills massacre took place in 1976. I have stood on the Peace bridge in Derry, not far from where the awful events of Bloody Sunday unfolded in 1972. I have stood at the Cenotaph in Enniskillen where people were murdered in 1987 as they commemorated their war dead. How we deal with the past will help to determine the pace and the prospects for a reconciled and thriving society in Northern Ireland. Finding a way to do this and which honours the lives of all those who were lost and that comprehends all who have been left behind has been a long and difficult process. We acknowledge the important work done by Robin Eames and Denis Bradley in 2009 in publishing the report of the consultative group on the past. We acknowledge, too, the contribution made by Dr. Richard Haass and Professor Meghan O'Sullivan in 2013.

Throughout last autumn and winter the two Governments and the five Northern Ireland Executive parties worked with integrity as part of the Stormont House talks to find a framework to deal with the past which could command broad political support. That was substantially achieved in the Stormont House Agreement of 23 December 2014 which brings us to where we are today. The Stormont House Agreement provides us with an important framework for how we deal with the past. When I met the Ballymurphy families, I said there were at least three possible avenues that could usefully be explored. They include an independent panel inquiry; inquests held under a strengthened coroner process in the North; and the legacy structures being put in place under the Stormont House Agreement. I believe the appointment of an independent panel to examine all documents relating to the context, circumstances and aftermath of the deaths would be the best way to meet the families' wishes. The Government supports this proposal. The decision of the Secretary of State for Northern Ireland in April 2014 not to establish independent reviews into certain Troubles-related deaths, including those who died in Ballymurphy and also those who died in the bombing of the La Mon hotel, remains a source of disappointment for the families and also for Members of this House. The all-party motion will serve to reinforce and underscore the need to find a way to establish the truth.

Recognising shortcomings in the legacy inquest process in Northern Ireland, the Stormont House Agreement provides for the Northern Ireland Executive to take appropriate steps to improve the way legacy inquests operate in order to comply with the requirements of the European Convention on Human Rights. I welcome the reference in the motion calling on the British Government and all relevant authorities to co-operate fully and in a timely manner with the inquests which have been reopened into a number of the deaths at Ballymurphy. We must continue to drive forward the implementation of the Stormont House Agreement as it is of fundamental importance both to families who have suffered and society as a whole.

The Stormont House Agreement is built on a number of fundamental principles which must be respected if we are to achieve the true reconciliation that we all seek. These principles are reflected in the motion before the House today and include the pursuit of justice and information retrieval which is, of course, of particular relevance in the case of Ballymurphy. Good progress is being made on putting in place the arrangements necessary to establish the institutions under this framework, including the historical investigations unit and the independent commission on information retrieval. We ensured in the Stormont House Agreement that legacy inquests will continue as a separate process from the historical investigations unit, a matter that is of importance to the Ballymurphy relatives and other families. The Government will play its part in establishing this framework. We will bring forward all necessary legislation without undue delay. We will provide the fullest possible information which the State has in its possession, in accordance with the law.

I spoke to the British Prime Minister in Stormont House during the talks leading up to the agreement and he assured me that the British Government will co-operate with the new structures. The Prime Minister has in the past shown leadership on these matters, including in regard to Bloody Sunday.

The historical investigations unit will be a new independent body and its personnel will have full investigatory policing powers. It will undertake investigations in Northern Ireland into outstanding Troubles-related deaths, including outstanding cases from the PSNI's Historical Enquiries Team process and the legacy work of the Police Ombudsman for Northern Ireland. The independent commission on information retrieval will enable people in both jurisdictions to seek and receive information about the deaths of their loved ones during those troubled times.

In addition, the Stormont House Agreement provides for an oral history archive and an implementation and reconciliation group to oversee themes, archives and information recovery across the framework for dealing with the legacy of the past. The oral history archive in particular will provide a central location for people from all backgrounds and from throughout Britain and Ireland to share experiences and narratives related to the Troubles.

As I have said on previous occasions, I do not subscribe to the notion of a hierarchy of victims. During the Troubles, thousands were murdered and maimed. Each tragic case left behind devastated family members, friends and colleagues. The challenge that continues to face us today is to address in an adequate fashion the issues faced by those people, including the Ballymurphy families, who continue to suffer the consequences of our tragic past.

Very many people lost their lives during the Troubles. Today, however, Dáil Éireann remembers with deep sadness eleven people in particular: Joan Connolly; Joseph Corr; Eddie Doherty; John Laverty; Paddy McCarthy; John McKerr; Fr. Hugh Mullan; Joseph Murphy; Noel Phillips; Frank Quinn; and Danny Teggart. Those 11 people lost their lives in Ballymurphy during those terrible events in August 1971. Today Dáil Éireann also pays tribute to the families of those who died and their courageous search for truth and justice for their loved ones. We wholeheartedly re-affirm our support for the Ballymurphy families and their quest for the truth and justice that they and their loved ones so richly deserve.

I commend the motion to the House.

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