Niall Collins (Limerick, Fianna Fail)
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66. To ask the Minister for Justice and Equality the discussions he has held with the Northern Executive in relation to the cessation of prosecutions of pre-1998 crimes related to the troubles; and if he will make a statement on the matter. [52678/13]

Niall Collins (Limerick, Fianna Fail)
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I have tabled this question in light of the comments by the Northern Ireland Attorney General, Mr. John Larkin, concerning a proposal to have a cessation of prosecutions for all pre-1998 crimes. The matter is relevant, given the recent publication of the Smithwick report.

In that context, I welcome last week's apology by the Minister for Justice and Equality on behalf of the State. It was timely for the families concerned and for their communities.

Alan Shatter (Dublin South, Fine Gael)
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I thank the Deputy for his remarks. The Deputy himself dealt with the matter in a responsible and correct way, following on from the Smithwick report.

I assumed the Deputy was alluding in his question to the comments made recently by the Northern Ireland Attorney General, Mr. John Larkin, QC, in which he spoke about drawing a line, set at the time of the Good Friday agreement in April 1998, with respect to conflict-related prosecutions, inquests and other inquiries. I have had no such discussions with the Minister of Justice, David Ford, MLA, who is my counterpart in the Northern Ireland Executive. I do not think it would be helpful for me to comment on Mr. Larkin’s proposal which was made in the context of ongoing considerations on how to address issues of the past. The Deputy will be aware that Dr. Richard Haass has been asked to consider these issues with the Panel of Parties and to make proposals to the Northern Ireland Executive later this month. The opportunity offered by the Haass process should be grasped by everyone involved. The Government is fully committed to supporting that process in any way it can and to finding a way forward on all the issues within the remit of the Panel of Parties talks.

In seeking to address the legacy of conflict and the many violent incidents related to the Troubles, the victims and survivors must be paramount in our considerations. We must be conscious primarily of taking into account and addressing their needs. The Good Friday Agreement explicitly refers to the need to acknowledge and to take actions to address the individual suffering of the victims of conflict violence and their families. This is a necessary and important element of reconciliation. All efforts to address the legacy of the conflict should be motivated above all by a commitment to making progress towards reconciliation and a cohesive society.

For the sake of completeness, there is another good reason I have not discussed the issue with my Northern Ireland counterpart, namely, as Minister for Justice and Equality I have no function in taking decisions on criminal prosecutions. In accordance with the provisions of the Prosecution of Offences Act 1974, the Director of Public Prosecutions in this jurisdiction is charged with the prosecution of criminal offences and she is fully independent in carrying out this function. A similar arrangement applies in Northern Ireland in respect of this separation of powers.

Niall Collins (Limerick, Fianna Fail)
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There is no doubt there was a great deal of energy surrounding the statement by the Northern Ireland Attorney General, Mr. John Larkin, QC, possibly, because it suited the political agenda of some people. More important, it greatly concerned the vast majority of people. Mr. Larkin proposed a general amnesty of pre-1998 crimes. Fianna Fáil has made it clear it would not support any form of general amnesty as proposed by Mr. Larkin. The Good Friday Agreement provided for the release of people who were involved in or committed crimes. To take this a step further and provide a general amnesty would not serve the victims or their families in an appropriate manner.

The notion of a truth commission has been floated in some quarters. We need to be honest about this. We do not need a truth commission for people to effectively tell the truth. We are all aware of the fall-out from the Smithwick report last week in terms engaging in the truth. Some people say there was engagement by the IRA with the Smithwick tribunal. However, that engagement was limited and not fulsome.

The Minister has stated that he has no plans to meet the Minister for Justice, David Ford, MLA and that he has no role in regard to prosecutions, which we know and understand. However, perhaps he would clarify if he proposes to meet with Mr. Ford to discuss the matter. The Minister might also clarify if what was proposed by Mr. Larkin, which proposal I presume the Government is nailing on the head, would require legislation in this jurisdiction? Will he also confirm that the recommendations contained in the Smithwick report in terms of compellability in respect of future inquiries will straddle the two jurisdictions?

Alan Shatter (Dublin South, Fine Gael)
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The Deputy has raised a series of issues of importance. I will do my best to respond to as many of them as I can. First, the Minister for Justice, David Ford, MLA, and I are in regular contact. My most recent meeting with him was in Brussels on Thursday of last week.

We also met briefly on Friday. On Thursday we had some substantive discussions of a preliminary nature arising out of the Smithwick tribunal report and the recommendations relating to it. We have both requested our officials to do some work with regard to those recommendations. From memory, I believe I am right in saying that we are scheduled to meet on 17 December together with the Garda Commissioner and the Chief Constable. At that point we will continue our further discussions on the implementation of recommendations in the Smithwick report. Some aspects of the recommendations are happening in practice but we will discuss those issues at the meeting.

As I said to the Deputy in respect of the other issues, I do not want to get in the way of the Haass process. It is an important process. It is important the parties in Northern Ireland participate in the process. We will look constructively at what comes out of that process with a view to seeing what steps we might take.

I reiterate something I said earlier. We must be conscious of the victims of the conflict in Northern Ireland in decisions we make and the impact of any decisions on them. I share the view of Deputy Collins about the need for us to know the truth in respect of some aspects and matters. Perhaps I will come back to that.

Niall Collins (Limerick, Fianna Fail)
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I wish to push the Minister on the notion floated by Mr. John Larkin of a general amnesty. Will the Minister state emphatically that he is ruling it out? It is our view that it is not a runner and that it would require legislation in this jurisdiction.

An important issue is arriving at fair justice for the victims and their families. As I stated in my introduction, people have benefited under the terms of the Good Friday Agreement for crimes they committed. To take it further and confer a free pass by way of a general amnesty is not a runner. Will the Minister give the House some clarity on that?

Alan Shatter (Dublin South, Fine Gael)
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The Deputy is asking me again what he previously asked me, and I am going to repeat what I previously said, that is, I do not believe it would be helpful for me to comment on Mr. Larkin's proposals which were made in the context of ongoing consideration on how to address the past. Dr. Richard Haass has been asked to do that.

Everyone across the floor of the House may have views in respect of certain aspects of these matters. There is a time when it is appropriate to express views and there is a time when one might be better keeping one's views to oneself. However, it is important the engagement takes place.

In the context of dealing with the past, it is important not only that people tell the truth about the past but that they engage with that truth with a degree of insight, sensitivity and understanding of the impact of past conduct on individuals. It is unfortunate that some Members, in response to the Smithwick report, took it on themselves to blame the two former senior officers in the RUC for their own death. They failed to acknowledge that those directly responsible for the murders or assassinations - because assassinations is what they were - were the individuals holding the guns who fired the shots. I repeat in the House what I said outside the House, that is, I believe the comments made by Deputy Adams and, surprisingly and unfortunately, repeated by Deputy Mac Lochlainn were little short of nauseating.