James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Deputy for raising this important question. It raises a very important issue with regard to the work undertaken by the authorities here in the investigation of Troubles-related murders in this jurisdiction, as well as co-operation with UK Troubles legacy processes that have a cross-Border dimension.

I assure the Deputy that in circumstances where such offences have not been resolved, the investigations remain open and An Garda Síochána will, and do, follow up fully on any new evidence or information that becomes available to it, whether that comes from the public, from other police services or from its own investigations. Responsibility for the investigation of unresolved criminal offences is, and will remain, the responsibility of the Garda authorities. It is a matter of profound sadness, particularly for their loved ones, that there are Troubles-related deaths that remain unsolved to this day and where nobody has yet been brought to justice.

The Deputy will appreciate that there are complex historical cases, relating to a particular period some time ago, and in respect of which the passage of time brings particular complications. The Deputy referred to section 28 of the Garda Síochána Act 2005, which provides a legal basis for An Garda Síochána to enter into agreements on co-operation and information exchange with law enforcement agencies outside the State. In the context of Troubles-related cases, I can inform the Deputy that it has not been necessary to enter into a formal agreement, as provided for in section 28, as information has been exchanged on a police-to-police basis and evidence sought by means of a request for mutual legal assistance when required.

There have, however, been multiple strands of Garda co-operation with a variety of non-policing UK legacy bodies, such as Operation Kenova, the Police Ombudsman for Northern Ireland and inquests, which have necessitated particular legal arrangements being put in place. As part of the Irish Government’s ongoing commitment to progressing issues related to the past, the Government has worked tirelessly to facilitate these requests for co-operation and sharing of information. This commitment has included the introduction of primary legislation - the Criminal Justice (International Co-operation) Act 2019 - and bespoke co-operation mechanisms to facilitate co-operation with the various non-policing legacy mechanisms.

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