Dáil debates

Thursday, 21 November 2013

Topical Issue Debate

Northern Ireland Issues

6:35 pm

Photo of Brendan SmithBrendan Smith (Cavan-Monaghan, Fianna Fail)
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I am glad the Minister of State is present to take this debate.

More than 3,600 people died in the troubled era that scarred this island for more than three decades. The wave of violence that consumed so many lives in the North has left a dark legacy for an entire generation, in particular on the shoulders of the families of those who lost their lives in the Troubles. Out of that bleak period, the Good Friday Agreement emerges as a shining light. For the first time since 1920, the entire island voted as one, overwhelmingly in favour of moving beyond the bloody battles of the past towards a shared future. It was a privilege for all of us to vote in the May 1998 referendum, which received massive endorsement both North and South. That was the first time since 1918 the one question was put to the people on this island. That Agreement was not a free pass to the individuals who chose the route of violence that terrorised the North over 30 years, nor was it a general moment of collective amnesia. My constituency, a Border county, was of course affected badly by the Troubles, as was all of the island.

Yesterday's announcement by the Attorney General of Northern Ireland, John Larkin, that all prosecutions of crimes related to the Troubles committed prior to 1998 should cease was a shocking sign of indifference towards bereaved families and their inherent right to truth and justice. Beyond criticisms of the constitutionality of such an action or its viability in the face of international law, it is a basic fundamental tenet of common decency - the very bedrock of society - that victims deserve the truth. Yesterday's policy kite flown by the Northern Attorney General denies that basic claim to justice. It comes at a deeply unfortunate time when the Haass talks are tasked with setting out a coherent framework to confront the myriad of issues surrounding the past. The announcement would also appear to be co-ordinated with a PSNI report lamenting the costs of investigating cold cases and the burden of resources employed by the historical investigations team. I sincerely hope that it is not softening the ground up for a move away from the State's obligation to uphold the rule of law, which exists regardless of timing.

The Attorney General in the North has called for amnesty legislation to be enacted in Westminster to encompass the UK and advocated that mirror legislation should be put through the Houses of the Oireachtas. In effect, this would mean that grievous crimes perpetrated here, such as the Disappeared who continue to languish in a limbo of terror or roving unaccountable British army death squads, as uncovered by BBC Panorama investigators, would go unmarked by the State. Anne Cadwallader's recent publication details the bloody activities of some of those who were employed in the State forces.

The past on this island is touched with sadness and tragedy. It represents a grave challenge to all of us who are working towards building a future free from the sectarian passions and violence that tainted the lives of previous generations. However, this does not mean running way from difficult questions. It does not mean that all victims were the same and that all who lived through those decades share the blame. In reality there were those who took up the gun and resorted to ruthless violence for their own ends, while the majority sought peaceful means to achieve legitimate aims.

6:45 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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I know all Members of the House will agree these statements offer a timely opportunity to recall the suffering which so many victims and their families endured as a result of violence in Northern Ireland. In recent weeks we have marked painful anniversaries of horrific events, including the Shankill bombing and the murders at Greysteel. A recent publication, Lethal Allies, recalls allegations of collusion in 120 murder cases while the recent BBC and RTE documentary, "The Disappeared", reminded us vividly of how deep is the suffering of bereaved relatives.

I understand a BBC "Panorama" programme to be broadcast tonight will include allegations of killings and shooting of unarmed civilians by members of the British Army. For many of these people, the past is their present, lived and recalled every day. Some may talk of drawing a line under the past but many of these relatives cannot do so and we cannot say that we are truly reconciled until their needs have been recognised. This serves to underline the importance of addressing the past in a manner that addresses the needs of victims and also allows to society to move forward. However painful, we must find ways to acknowledge and to deal with what has happened.

Substantial efforts have been made since the Good Friday Agreement to address the legacy of the past and the Government has been steadfast in its support for the existing institutions such as the historical inquiries team and the Police Ombudsman. While there is undoubted pressure on the courts system and on the policing service in the North arising from legacy issues, the needs of the victims and their families must be accommodated in any future process.

Richard Haass, at the request of the Northern Ireland Executive, is chairing the panel of parties talks which is looking at how best to deal with the past, as well as with other contentious issues such as parades, flags and emblems. He has undertaken to make proposals to the Northern Ireland Executive before the end of the year. As part of this consultation work, he has met many victims groups and is continuing to do so this week. The panel of parties talks chaired by Richard Haass provide an opportunity to make progress on how we deal with the past. This is an opportunity for the parties of the Northern Ireland Executive and also for victims groups and wider society.

The Government is fully committed to supporting this process and to finding a way forward on all the issues within the remit of the panel of parties talks. We will continue our work as co-guarantors of the Agreement to progress reconciliation in Northern Ireland and across this island. Dealing with the legacy of the past must be part of the transition to long-term stability and peace. We remain convinced that efforts to address the legacy of the past should be motivated above all by a commitment to making progress towards reconciliation and a cohesive society.

Photo of Brendan SmithBrendan Smith (Cavan-Monaghan, Fianna Fail)
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I thank the Minister of Stage for his reply. It is very clear to all of us that dealing with the past must be victim centred. Abandoning justice for victims would be an abdication of our moral and civic responsibility to those who endured during the grim days. It would be a betrayal of our duty to the men and women who were always committed to peaceful means. The history of the Troubles cannot be left to those who bloodied their hands on either side of the conflict, be they perpetrators of state violence or paramilitaries on either side. I trust the Minister of State and the Government will take this opportunity to rule out any such mirror legislation being enacted in this jurisdiction and will endeavour to, within his remit, ensure it is not promulgated in Northern Ireland.

The comments of the Northern Ireland Attorney General suggest he wants an end to prosecutions, inquiries, inquests and civil proceedings into killings related to the Troubles, whether carried out by paramilitaries, police or the army, with a line drawn under the past at the signing of the Good Friday Agreement.

Recently in Armagh I listened to Denise Mullen, the daughter of Dinny Mullen who was shot dead. I listened to Seamus Mallon outline the terror inflicted on so many people in Armagh and Tyrone with collusion from so-called state forces including the British Army, the UDR and the police in the North. The people who suffered so much must have justice if at all possible. I am realistic enough to know in many instances it will be very difficult to bring some of the inquiries to a conclusion. I listened to members of the Finucane family, sons of the man who was so brutally murdered, and they were understandably angry about the suggestions of the attorney general. As far as I recall, some of the phrases used by the Finucane family were "ill-judged", "ill-advised" and "very irresponsible". How can we deal with the past if there is no process of examining it? The proposals put forward by the attorney general would cause untold distress to bereaved families and those who were victims of collusion by state forces, which was so well laid out in the work of Anne Cadwallader in Lethal Allies.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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The timing of the announcement by the attorney general is indeed very curious in the circumstances Deputy Smith described. I agree with him entirely the needs of the victims and the bereaved are paramount. This has been a difficult year for Northern Ireland. It is clear the past is exercising a corrosive effect on political life and community relations. The ongoing issue of finding mechanisms to deal with the past require the ongoing commitment of the two governments along with the Northern Ireland Executive and wider society. The Government remains committed to playing an active and constructive role in dealing with the past, including through the management of commemorative, cultural and community events in a sensitive manner. In this context the decade of commemorations is under way.

As part of this process the Taoiseach and the Tánaiste attended remembrance events in Enniskillen and Belfast on 9 and 10 November. The Government's view is that the overriding objective is to make further progress towards a more reconciled society in Northern Ireland. The nub of the issue is the fact the two sovereign governments are the guarantors of the Good Friday Agreement and the process as a whole and as such make the commitments. They must ensure there is no weakening of the commitments. We will continue our work as co-guarantors of the Agreement to progress reconciliation in Northern Ireland and throughout the island.

Dealing with the legacy of the past must be part of the transition to long-term stability and peace. The suffering of all victims of violence in Northern Ireland must be acknowledged and addressed as an essential part of the reconciliation process. Richard Haass and his team are chairing discussions on a range of contentious issues, including dealing with the past, with a view to making progress before the end of the year. We have faith in this process and will be supportive any outcome which can command sufficient support of the talks participants and helps progress reconciliation in Northern Ireland and throughout the island.