Charles Flanagan (Laois-Offaly, Fine Gael) | Oireachtas source

Notwithstanding the clear gains achieved by the agreement, A Fresh Start, I very much regret that it did not include agreement on the implementation of provisions of the Stormont House Agreement dealing with the legacy of the past. We share the deep disappointment of the victims and survivors of the Troubles and their families in this respect. I am particularly disappointed because real progress was made during the talks on many of the details for the establishment of the new institutional framework for dealing with the legacy of the past as envisaged in the Stormont House Agreement. We were, in fact, very close to agreement on a range of issues, including ensuring the operational independence of the historical investigations unit; guaranteeing the anonymity and inadmissibility of information provided for the independent commission for information retrieval, ICIR, while making clear that there would be no amnesty for criminal offences; placing the implementation and reconciliation group on a statutory footing and settling on the purpose and functions of the group; and defining the operation of the oral history archive. The Irish and British Governments have also agreed the international agreement necessary for the establishment of the ICIR. Therefore, many of the building blocks are in place for the establishment of the new legacy institutions.

The crucial issue on which agreement could not be found was striking the right balance between the onward disclosure needs of families and the national security requirements being sought by the British Government. In the absence of agreement on this key issue, my expressed preference during the talks was to reflect in the agreement, A Fresh Start, the range of legacy issues on which agreement was possible, while also frankly acknowledging the areas of disagreement where further progress was required.

It is important that we find a way forward that banks the good progress already achieved during the talks on legacy issues and secures a solution to outstanding matters, including the key issue of onward disclosure and national security. In this regard, I met Northern Ireland's victims commissioner on 26 November to discuss the concerns of victims and possible ways to take the issue forward in a way that would satisfy these concerns. I also met the Northern Ireland Minister of Justice, Mr. David Ford, MLA, on 11 December to discuss possible next steps and I will meet the Secretary of State for Northern Ireland, Ms Theresa Villiers, MP, later this month to explore options for how best to secure an agreed basis for the establishment of the new legacy institutions.

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