Dáil debates

Tuesday, 1 February 2022

Legacy Issues in Northern Ireland and New Decade, New Approach: Statements

 

4:15 pm

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail) | Oireachtas source

Is maith an rud é go bhfuilimid ag labhairt faoin gceist seo inniu mar is ceist ríthábhachtach é ó thaobh todhchaí na tíre de agus an easpa dul chun cinn i gcomhthéacs an chonartha seo.

It is just over two years since we reached the New Decade, New Approach, NDNA, agreement which restored to full operation the institutions of the Good Friday Agreement. This agreement was a very significant, shared achievement after three difficult years when these institutions did not operate. There are clear lessons from that period. We do not want that kind of hiatus to ever occur again but we need to acknowledge there are currently a number of challenging issues which are making it difficult to move forward and build on the progress made since the NDNA agreement.

Differences around legacy and dealing with the past, implementation of the Northern Ireland protocol and outstanding NDNA commitments, including on language and culture, continue to beset politics in Northern Ireland and relations on these islands. In recent months the North South Ministerial Council has not been able to meet due to the position taken by the DUP, based on its opposition to the protocol. This is really regrettable. No positive agenda is served by blocking practical North-South co-operation or by the breakdown of the institutions of the Good Friday Agreement. In fact, the contrary; it is a barrier to progress, co-operation and to pursuing the full potential of the Good Friday Agreement to deliver prosperity peace and a fully healed society for Northern Ireland and across these islands.

We take seriously unionist concerns in relation to the protocol and we have consistently sought to listen to and engage with those concerns.

Only yesterday, I met with members of the Orange Order to discuss their perspectives and explain ours. Similarly, the European Union has listened closely to concerns in Northern Ireland and is working in good faith to minimise friction. The Commission has come forward with far-reaching proposals that comprehensively address the practical, genuine issues that matter most to citizens and businesses in Northern Ireland. Economic indicators are picking up the advantages to Northern Ireland of the protocol. This shows that it can be made to work for the benefit of all parts of the community.

It is positive to see that talks on the implementation of the protocol have resumed between the European Union and the United Kingdom, including recent meetings between the Commission Vice President Šefčovič and the UK Foreign Secretary, Liz Truss. We need to see substantive progress for the joint tangible solutions in the coming weeks.

At the heart of the New Era, New Approach agreement is a commitment to address the issues that are that are of importance to the people of Northern Ireland. Crucially, of course, it contains significant and vital commitments to address the legacy of the past. Just two days ago, I stood with the Bloody Sunday families and the people of Derry as we marked together the 50th anniversary of one of the darkest days we have seen on this island. It is a testament to the families and to the city of Derry that this anniversary was marked with such dignity and grace, with creativity and a message of hope for the future. It is a city that has endured too much loss and yet there is such resilience and hope abides. The Bloody Sunday families had to work tirelessly in the face of almost inconceivable injustice to finally have acknowledged what they had always known to be true: the deaths of their loved ones were unjustified and unjustifiable. As a result of their dignified and unflinching campaign history will record that truth.

The breakthrough of justice represented by the Saville report and by the apology of the British Prime Minister was not a breakthrough simply for the families or for the city or for one community. The struggle and the grief of the Bloody Sunday families is shared by countless families across these islands from all communities. I have been honoured to meet with grieving families from all communities and I will do so again later this week. I stood in Enniskillen on Remembrance Sunday in the same spirit of solidarity that as I did in Derry on Sunday last. Loss knows no boundary and nor should justice. Too many families have had spent decades in the tireless pursuit of truth and justice for those that have lost. Many have been met with barriers and brick walls, with silence. It is vital that we address the legacy of the Troubles and remove those barriers now for each one of those families that have been waiting too long. Their hope must be matched by our efforts.

In 2014, after a long and difficult period of negotiation, the two Governments and the parties in Northern Ireland concluded the Stormont House Agreement. The purpose of that agreement was to address amongst other issues, the legacy of the past and put in place a comprehensive framework that was based on the guiding principles of truth, justice, and reconciliation. Unfortunately, that comprehensive and balanced framework we agreed to has yet to be put in place. Last year, as we know, the United Kingdom Government published a command paper that represented a radical departure from the Stormont House Agreement. It set out a proposal for a statute of limitations which would see an end to criminal investigations and prosecutions for Troubles-related offences pre 1998, as well as ending inquests and civil litigation. It is essentially a proposal for an unconditional amnesty for those not yet convicted. This proposal was understandably met with deep concern and upset from victims and survivors and from civil society human rights organisations. Every party on this island, North and South, has strongly and has publicly opposed it. The Government has made it abundantly clear that United Kingdom proposals cannot be the basis of a way forward. To completely close off the avenue to justice for families is not only deeply unfair but it would also undermine both the rule of law and our shared work for deeper reconciliation. It would likely result in years of legal challenge and further hardship for families.

Each family deserves access to a process of justice and until that processes in place families and communities will campaign and have to fight through the courts. And as time passes, that burden has already been passed to new generations. That is not acceptable. The Government is engaged with the United Kingdom Government and the parties in Northern Ireland to seek a collective way forward on the issue. We will continue to do so. It is vital that we find an agreed approach that we could see implemented in both jurisdictions. It is also vital that any approach meets the legitimate needs of victims and survivors and also upholds our shared human rights obligations. We will also continue to urge the United Kingdom Government in the clearest terms against taking any unilateral action in this space. This is a message I have communicated directly to the Prime Minister and that the Minister for Foreign Affairs has underlined consistently in his engagements with the Secretary of State for Northern Ireland. Crucially, in dealing with legacy, as with so many issues in Northern Ireland, only through partnership can we effect real and lasting progress.

As we emerge together, North and South, from the Covid pandemic, the need for North-South and east-west partnership is more pressing than ever. Yet there is a danger that as we move towards the assembly elections, positions will get more trenchant and the progress of recent years will be undermined. It is important that all the political parties keep to the promise of the New Decade, New Approach agreement, in committing with renewed vigour to governing in the best interests of everyone in Northern Ireland. That pledge is more relevant now than ever.

For our part, the Government, through the shared island initiative, is working for the future of the whole island in a positive, practical and ambitious way, engaging with all communities and traditions, to build consensus around the shared future underpinned by the Good Friday Agreement. Through open and inclusive dialogue, practical and strategic North-South investments and new and innovative research, we are taking forward this initiative.

Backed by a shared island fund of €1 billion between now and the end of 2030, we are working to build a more connected, a more sustainable, and a more prosperous island for all. Through the shared island dialogue series, the Government is listening to people right across the island and ensuring the inclusion of under-represented voices on how we can better work together for a shared future.

There was an inspiring response last year, from civic representatives across all communities, regions and sectors. Patrick Kielty's excellent contribution in December sparked awareness and debate on these islands and beyond these shores. We are continuing and deepening the shared island conversation this year now that we can move to in-person and regional engagements.

Our approach is inclusive, constructive and forward-looking. The Government is working with ambition and unshakable political commitment for a shared, reconciled future for all on this island, founded on the Good Friday Agreement. However, without a comprehensive framework to address the legacy of the past, any healing and reconciliation will only be partial.

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