Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

This is a significant and important Bill. It is regrettable, however, that we will push through all Stages this evening, although the process may perhaps extend into tomorrow. Nonetheless, we will support the legislation.

As the Minister indicated, the purpose of this legislation is to try to deal with the troubled and difficult legacy of violence that exists as a result of the Troubles in Northern Ireland. He pointed out that this legislation arises as a result of the Stormont House Agreement, which was signed on 23 December 2014. The latter is but another in a series of agreements between the Irish and British Governments, as well as the parties in the North of Ireland, the purpose of which is to try to deal with politics and legacy matters in Northern Ireland. We must realise, however, that there have been failings in agreements between the two countries in the context of resolving legacy issues.

We had the Weston Park agreement in 2001, under the terms of which the Irish and British Governments appointed an independent judge to consider a series of controversial killings in respect of which there were allegations of collusion to see if they merited a public inquiry. Subsequently, a Canadian judge, Mr. Justice Peter Cory, was appointed and he looked at a series of murders that took place in Northern Ireland and some in the Republic of Ireland for the purpose of assessing the need for a public inquiry. He concluded in respect of the murders of Chief Superintendent Harry Breen and Superintendent Bob Buchanan in the South that there should have been a public inquiry. Subsequently, the Irish Government fulfilled its commitment in that regard and there was a tribunal and full public inquiry into those deaths, with an assessment of whether there was any collusion.

Mr. Justice Cory also recommended that the British Government should establish a full public inquiry into the murder of Mr. Pat Finucane but to this day we are waiting for a full public inquiry into that murder. We cannot just move from one agreement to the next without recognising the failings on the part of the British Government with respect to the Weston Park agreement's terms regarding the establishment of a public inquiry into the murder of Mr. Pat Finucane. This must be communicated by the Irish Government to the British Government.

The purpose of the legislation is to give effect to the section in the Stormont House Agreement which deals with an historical investigations unit. Under clause 39 of that agreement, it is indicated that the "necessary arrangements" will be put in place to ensure the historical investigations unit can have the full co-operation of all relevant Irish authorities, including the disclosure of information and documentation. That was the commitment that was signed in the Stormont House Agreement and, as a result, this legislation is coming before the House this evening. I do not know why the legislation is being brought forward urgently at this point. We are all aware the Stormont House Agreement was signed four and half years ago. I am sure there is a legitimate reason the legislation is being expedited through the Houses of the Oireachtas but I would like to hear this from the Minister. The Minister indicated that because of the inquests going on into the Kingsmill massacre and the disappearance of Ms Arlene Arkinson, the coroners need information from An Garda Síochána. If that is the case and the inquests are up and running in Northern Ireland, it is a legitimate reason to enact this legislation as soon as possible.

We must engage in some broad reflections on legacy matters. The purpose of this legislation is to try to facilitate victims and their families from both communities in Northern Ireland in dealing with such matters. Neither the Governments nor the parties in Northern Ireland have been successful in trying to deal with legacy matters. Unfortunately, people on both sides of the community have weaponised legacy issues on both sides of the community. This is dangerous and it removes any objectivity from the examination of these legacy issues. The Kingsmill massacre was perpetrated on the Protestant population of Northern Ireland and the Ballymurphy massacre was perpetrated on the nationalist population of Northern Ireland. Both events merit equal investigation. There should not be a hierarchy of victims of the Troubles.

Nobody should have been killed in the Troubles and it is a great failure of politics on this island that we allowed so many people to be killed for so long in such a pointless struggle. I say this while recognising the legitimacy of Ulster unionism and Irish republicanism but there was a failure in politics that resulted in so many people dying. We may be getting to the stage where we need some outside assistance to facilitate us in legacy matters. The people on this island and in Britain are not capable of considering these tragic and brutal murders objectively. Neither are they capable of appraising them objectively to find where fault lies or, more important, where we can build a path to reconciliation. Ultimately, it is a matter for the two Governments to try to reach agreement in this regard but we got some assistance before from a Canadian judge. We need assistance from outside to deal with these legacy matters, although I do not have the full answers as to how we can resolve them. It is apparent to anyone who has looked objectively at what has happened on this island, and particularly in Northern Ireland since the violence stopped, that we are not capable of dealing with this by ourselves. Unless an international forum comprising outsiders who can examine these matters objectively is established, we will continue to move from the Weston Park agreement to the Stormont House Agreement and on to the various other agreements. I support the legislation.

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