Dáil debates

Wednesday, 10 July 2019

Criminal Justice (International Co-operation) Bill 2019: Second Stage

 

8:55 pm

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent) | Oireachtas source

I speak as a member of the Joint Committee on the Implementation of the Good Friday Agreement and chair of the Justice for the Forgotten group in the Dáil. In both capacities, I have met individuals and groups and supporters in organisations representing victims and survivors of the Troubles. They are all waiting on answers that will ensure truth and justice and an acknowledgement of what happened. Some are waiting close to five decades, and others three and four decades, which is a very long wait indeed. That waiting means there is a great deal of distrust that justice will ever be achieved because there has been so much frustration and disappointment, sadness and disillusionment over those years. It has been psychologically and emotionally costly as well as financially, with legal costs, costs of judicial reviews, etc. Everyone acknowledges that the situation is complex and difficult but what is obvious is the failure to deliver truth and justice with failures here, in Britain and in Northern Ireland.

It is to be hoped the approach will be victim-centred and that will be reflected in the Bill. It should also be inclusive so that atrocities such as the Dublin and Monaghan bombings receive the same treatment as atrocities committed in Northern Ireland and answers that will ensure truth, justice and an acknowledgement of what happened. Co-operation is key. It must not only be two way, but three way between Britain, Northern Ireland and Ireland. We cannot legislate for another jurisdiction but the flow of information cannot just be one way because legacy issues do not recognise borders and so many Troubles related events had cross-Border aspects to them.

When the Minister says that the Bill will facilitate further co-operation with the Northern Ireland coroner's legacy inquests and the legacy framework to be established under the Stormont House Agreement, that is very positive, but unless the information that people are waiting on here from other jurisdictions is also forthcoming, there will be an essential unfairness about it. Each time it seemed progress was being made there was disappointment. The three Dáil motions in 2008, 2011 and 2016 passed unanimously here were ignored by Britain. The compromise suggestion of the independent international judicial figure with access to all the documents was also rejected. The work the officials were doing between here and the Northern Ireland Office etc. to progress this came to nothing. The absence of a government in the North is not helping, and that is not to mention Brexit. There is a real fear that despite this legislation, which is a step in the right direction, legacy issues will never be resolved particularly for those in this jurisdiction waiting on information from other jurisdictions, and that is the crux. We have been told that this issue was of the upmost importance to the Government and it was included in the programme for Government but there has been no progress.

We know that the historical investigations unit is agreed for Troubles related deaths in Northern Ireland but Troubles related deaths are being treated differently here where they will be treated as a crime like any other. There is considerable difference between crime and what happened during the Troubles. By all means treat it like crime if it would lead to progress. We have been told the Garda will follow up on any new evidence but how can it be trusted as it has not followed up on evidence that has been made available since 1974. There was no follow-up to the Barron report and now the British are hiding behind and using the facade of national security and are being allowed to do so.

This legislation shows what this jurisdiction is prepared to do. This is basically about the right to truth and justice. The Irish Government cannot solve the issues alone. The British and Northern Ireland Governments must also be involved, although the Irish Government could have done more.

I refer to research undertaken by Dr. Thomas Leahy from Cardiff University on the Irish Government and dealing with Northern Ireland conflict legacy. He notes that the Irish Government has taken some steps towards dealing with conflict legacy since 1998 but more needs to be done to meet the needs of victims and survivors. I hope that some of his suggestions will be considered, including a victims' commissioner or a victims' forum, or a special citizens' assembly for victims and survivors.

The legislation is a first step but others must be taken if it is to bring about the truth and justice that victims and survivors have waited on for so long.

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