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

I thank the Deputy for raising the question.

The Northern Ireland Troubles (Legacy and Reconciliation) Act received royal assent on 18 September. Amendments made in the course of its passage through the UK Parliament did not fundamentally alter the substance of the legislation. It is worth recalling that the new legacy Act represents a unilateral move by the UK Government away from the 2014 Stormont House Agreement, to which both the UK and the Irish Government recommitted in 2020. Such a unilateral approach is out of keeping with the spirit of partnership which underpins the Good Friday Agreement. This Act will not draw a line under legacy issues, but will instead ensure they remain a source of contention, suspicion and mistrust. The Government remains seriously concerned about the impact of this Act on the fundamental work of reconciliation in Northern Ireland, and about its compatibility with the European Convention on Human Rights. The incorporation of the European convention into Northern Ireland law was an explicit requirement of the Good Friday Agreement. I have made very clear to the Secretary of State for Northern Ireland the Government’s strong opposition to the Act and our concerns about its compatibility with the European convention. In particular, we are concerned about provisions granting immunity for crimes amounting to gross human rights violations, and the shutting down of all outstanding legacy inquests and civil cases. Similar concerns have been shared by international experts and observers, including the Council of Europe Commissioner for Human Rights and the UN High Commissioner for Human Rights. Importantly, these concerns are also shared by those representing victims of the Troubles and their families, who stand to be most affected by this Act but with whom the British Government has not meaningfully engaged at any stage of the process.

My approach to legacy issues has always been victim-centred and that will continue to be the case. The Government is fully aware that the initiation of an interstate case would be a significant step which would have to be done on solid grounds, and is not one which can be taken lightly. As the Taoiseach and I have stated, the Government has sought legal advice on this matter from the Attorney General. I look forward to receiving that advice in the near future and when it is received the Government will consider what subsequent action will be taken.

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