Dáil debates

Tuesday, 1 February 2022

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

 

6:05 pm

Photo of Seán HaugheySeán Haughey (Dublin Bay North, Fianna Fail) | Oireachtas source

I am sharing time with Deputies O'Connor and McAuliffe.

The 50th anniversary of Bloody Sunday was marked on 30 January last. As we know, a march for civil rights in Northern Ireland took place in Derry that day. The participants marched for basic civil rights and equality, to be treated equally in a society where the minority were seen as second-class citizens by the government. The first battalion of the British army's parachute regiment opened fire on innocent civilians, killing 13 people on the day. This followed the killing of other innocent victims by the parachute regiment in Ballymurphy the previous August. These events cast a long shadow over politics in Northern Ireland and this remains evident to the present day. The hastily established Widgery inquiry found the soldiers had started firing only after they had come under attack, among other adverse findings. This was deeply offensive to the families of those killed or injured, but it demonstrates what the establishment in a so-called democratic state can do, if so minded, to arrive at a false and predetermined outcome.

The barrister David Burke, in his book published last year entitled Kitson's Irish War: Mastermind of the Dirty War in Ireland, outlines how Bloody Sunday and other killings of innocent civilians in Northern Ireland by British soldiers were part of a ruthless, dirty war that commenced in 1970, when brigadier Frank Kitson, a counterinsurgency veteran, was sent to Northern Ireland. Burke further outlines how Kitson organised a clandestine war against nationalists and ignored loyalist paramilitaries. How shocking is that?

The families of those who were murdered have campaigned for justice ever since. They have three basic demands, namely, a rejection of the Widgery report, an official acknowledgment of the victims' innocence and the prosecution of the soldiers involved on the day. They campaign tirelessly and have to date been successful in achieving two of their three objectives. The then British Prime Minister Tony Blair established the Saville inquiry in 1998. It totally exonerated the victims and placed the blame firmly on the British army. Subsequently, the then British Prime Minister David Cameron issued a state apology and expressed his deep sorry for what had happened. As we all know, however, the prosecution of the soldiers has, unfortunately, run into difficulty. The Public Prosecution Service for Northern Ireland announced in 2019 that only one soldier, Soldier F, would be prosecuted, but this was dropped and the matter is now before the courts.

This brings me to the appalling and unilateral decision by the British Government to bring forward legislation to prohibit future prosecutions of military veterans and ex-paramilitaries for crimes related to the Troubles and to impose a statute of limitations on Troubles-era prosecutions.

This has been widely condemned, rightly so. It was condemned by the Taoiseach in Derry at the weekend, when he said the soldiers involved should face prosecution. It has been condemned by the political parties in Northern Ireland, by victims groups and their families, by several international human rights organisations, including the Council of Europe’s commissioner for human rights and the United Nations special rapporteur, by Michael Posner, US Assistant Secretary of State, and by the Committee on the Administration of Justice in Northern Ireland - the list goes on.

This move essentially overturns a crucial part of the 2014 Stormont House Agreement, which was agreed by the British and Irish Governments and the political parties in Northern Ireland. For example, a commitment was given to establish an independent historical investigations unit as part of this agreement. In July of last year, talks were initiated between the parties in Northern Ireland and all of the relevant stakeholders on dealing with the legacy of the past and implementing the provisions of the Stormont House Agreement. These talks should be ongoing and the Irish Government must continue to make known to the British Government its total opposition to these proposals.

I would also like to raise another issue in this context. A range of rights-based commitments have been made in Northern Ireland, starting with the Good Friday Agreement and right up to New Decade, New Approach. This is not happening fully. For example, there has been a failure to progress a bill of rights in Northern Ireland. These objectives would give human rights protections to the people of Northern Ireland. In New Decade, New Approach, a commitment was given to establish an ad hoccommittee on a bill of rights in Stormont but this has run into difficulty. Various proposals in this area are being obstructed in the Executive and the Assembly, using different veto mechanisms. This is very regrettable.

What all of this clearly indicates is that we need full implementation of all aspects of the Good Friday Agreement and subsequent agreements. All of us need to work at that - the British and Irish Governments, the parties in Northern Ireland and Ministers and parliamentarians in these islands, using the bodies established under the Good Friday Agreement, and civic society. We must rededicate ourselves to implementing all of the provisions of the Good Friday Agreement.

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