Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

I thank Deputies Haughey, Smith and others who raised the Northern Ireland Troubles legacy Act. Once again I state the Government believes this is the wrong approach to legacy and reconciliation. It is not supported by any of the major parties in Northern Ireland, which is significant. We have received legal advice from the Attorney General. This is an essential contribution to our consideration on whether to take a case or to support a case taken by a third party. We are studying the advice, considering the next steps and looking at the implications of such a decision. This includes the potential impact on the bilateral relationship, broader political and civic concerns in Northern Ireland about legacy issues, and concerns among victims' groups and families throughout Ireland.

I stress that the initiation of a interstate case would be a significant step and would have to be taken on solid grounds. It is not one we would take lightly. Based on the advice of the Attorney General, there is a period during which we can take a case and after which it would become more difficult. We will have to make a decision on this in the next few weeks.

With regard to the restoration of the institutions, the need for those elected to the Northern Ireland Assembly in May 2022 to assume the responsibilities is increasingly urgent. The absence of functioning power-sharing at Stormont affects every part of society in Northern Ireland, from business to civic society and, most acutely now, public services. It also affects the other institutions of the Good Friday Agreement such as the North-South Ministerial Council, which is not meeting, and the British-Irish Council, which is and which will next week, but not with anyone from Northern Ireland present. Next week, I will host the British-Irish Council and the Tánaiste will host the British Irish Intergovernmental Conference in Dublin. This is welcome and it is good to see strand 3 institutions continue to work. We also need meetings of the North-South Ministerial Council to recommence and, more generally, all three strands of the Good Friday Agreement to be fully functioning. This has to be our priority for now.

Models such as a citizens' assembly or a New Ireland Forum-type model, which I would prefer, would be premature at this time and would not help us in the efforts we are making at present to get the institutions up and running.

I certainly do not think, though, that they will be premature forever.

Regarding cross-Border issues, since 2021, the Government has repeatedly raised with the British Government our concerns about ETA proposals. As a result of extensive engagement, UK secondary legislation last March established an ETA exemption for legal residents of Ireland, regardless of citizenship, who do not need a visa to visit the UK. This exemption was welcome. In respect of non-EU citizens, the fact of two jurisdictions means different visa requirements and immigration policies can have impacts on cross-Border working and travel.

Officials in the Department of Justice are monitoring these issues and working with counterparts in Northern Ireland and the UK. Government officials met in October with the North West Migrants Forum and will continue to consider the issues raised by the organisation, including barriers to cross-Border mobility faced by nationals based in Northern Ireland who require visas for Ireland.

Turning to the contribution from Deputy Durkan, I assure him we will continue to work with everyone, including with businesses in Northern Ireland and Britain, the British Government, the parties in Northern Ireland, the civil service there and the European Commission to iron out any issues that arise as a consequence of Brexit and ensure the Windsor Framework is implemented, is implemented properly, and that this is done in a way that works for people North and South.

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