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

I propose to take Questions Nos. 9, 43 and 57 together.

I dealt with this issue earlier in reply to a question from Deputy Carthy. However, I will give the reply to this group of questions for the benefit of Deputies.

I meet regularly with the Secretary of State for Northern Ireland, Chris Heaton-Harris, to discuss issues relating to Northern Ireland. Most recently, I met with him at the Northern Ireland Investment Summit on 13 September in Belfast, and at the British-Irish Association on 2 September in Oxford. At every opportunity over the 18 months since the British legacy Bill was introduced unilaterally, the Government has been consistent in expressing to the British Government our view that the legislation is not fit for purpose and will damage reconciliation in Northern Ireland. The passing into law of the Act on 18 September is a deeply concerning and retrograde step, which I believe runs counter to the British Government's international human rights obligations. This is a matter of particular concern as the incorporation of the European Convention on Human Rights into Northern Ireland law was an explicit requirement of the Good Friday Agreement.

The Secretary of State for Northern Ireland is well aware of my strong view that the British legislation is not compatible with the European Convention on Human Rights. In particular, I have highlighted our concerns around the granting of immunity for crimes amounting to gross human rights violations and the shutting down of all outstanding legacy inquests and investigations. I have emphasised the negative impact this will have on reconciliation in Northern Ireland. I repeatedly urged the Secretary of State to pause the legislation and return to the principles of the Stormont House Agreement, which were agreed by the two Governments, together with Northern Ireland leaders and with the support of victims, survivors and civil society. This is a message I have also conveyed to the Foreign Secretary, James Cleverly, and, previously, as Taoiseach, to the Prime Minister.

A shared approach by the Irish and British Governments, which includes genuine engagement with people in Northern Ireland, has been central to all major successes of the peace process. That partnership approach remains fundamental to protecting peace on these islands. I greatly regret that the British Government has not engaged in a meaningful way with the many concerns expressed by victims. The amendments to the draft legislation introduced in June were an inadequate response to the issues raised, not only by the Government but also by victims and families in Northern Ireland and by international experts and observers. The voices and perspectives of those most directly affected by the Troubles were not heard and not reflected in the legislation.

The Government recognises that no perfect mechanism for dealing with the legacy of conflict exists, but one that was designed without taking account of the views and opposition of those who were most directly affected by the Troubles is illogical. Shutting down investigations and granting perpetrators immunity from prosecution without properly testing their account of events will not heal deep wounds in Northern Ireland. This Act will not draw a line under legacy issues but will instead ensure they remain a source of contention, suspicion and mistrust, undermining the reconciliation we have worked so hard to progress. It is a matter of deep regret that this is the space in which we now find ourselves. As I said earlier, the Government is awaiting legal advice from the Attorney General on what our next steps should be.

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