Brendan Smith (Cavan-Monaghan, Fianna Fail)
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8. To ask the Minister for Foreign Affairs and Trade the implications for the Good Friday Agreement of the British Government repealing its Human Rights Act; and if he will make a statement on the matter. [19497/15]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The Good Friday Agreement was overwhelmingly endorsed on this island in referendums, North and South, and through parliamentary ratification in Britain. It is an international treaty which has been lodged with the United Nations. The British Government, in the Agreement, committed to guaranteeing the rights of minorities, and the Irish and British Governments are its co-guarantors. If the British Government presses ahead with its plan to abolish its Human Rights Act, it will breach the terms of the Good Friday Agreement, with highly negative consequences. The Government, on behalf of Irish people, must send a clear message that we will not tolerate any diminution in the provisions of the Good Friday Agreement. The full implementation of the Agreement and subsequent agreements is necessary.

Charles Flanagan (Laois-Offaly, Fine Gael)
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The commitment of Ireland to the promotion and protection of human rights is an underlying principle of Ireland's foreign policy and is a priority for the Government. Ireland is currently a member of the United Nations Human Rights Council and we pursue our human rights priorities in many international fora. Ireland is a firm supporter of the European Court of Human Rights and the European Convention on Human Rights system and will liaise regularly with the UK in relation to the Council of Europe Committee of Ministers' supervision of states' implementation of court judgments. Early in my Ministry, I had the opportunity to meet the Council of Europe Secretary General, Mr. Jagland, and I reaffirmed Ireland's strong commitment in support of the European Convention on Human Rights.

I should note clearly at the outset there is not at this time any legislation before the British Parliament at Westminster to repeal the 1998 UK Human Rights Act. Indeed, the new British Government has not yet published its programme for government for this parliamentary term, although it is expected to do so later this month. In the absence of any detailed proposal, it is difficult to speculate on potential consequences. Obviously, were any proposal to be made it would have to be carefully analysed.

On the broad question of human rights and the Good Friday Agreement, the views of the Government are clear and unchanged. The protection of human rights in Northern Ireland law, predicated on the European Convention on Human Rights, is one of the key principles underpinning the Good Friday Agreement. As a guarantor of the Good Friday Agreement, the Government takes very seriously its responsibility to safeguard its principles and institutions. The fundamental role of human rights in guaranteeing peace and stability in Northern Ireland cannot be taken for granted and must at all times be fully respected. The Agreement is clear that there is an obligation to incorporate the European Convention on Human Rights into Northern Ireland law and this is an ongoing obligation.

We will follow developments closely. I plan to raise this matter this evening when I meet the Secretary of State, Theresa Villiers.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I thank the Minister for his reply. Even though the British programme for government has not yet been published, in view of the commitment in the Conservative Party manifesto to scrap the Human Rights Act, it is incumbent on the Minister and his colleagues in government to give a clear message to the Secretary of State that they cannot renege on the provisions of an international treaty. As I stated earlier - the Minister referred to it as well - the Good Friday Agreement is an international treaty lodged by both Governments with the United Nations. Both Governments are co-guarantors of it. Can the Minister give us an assurance that he will make clear to the Secretary of State Villiers when he meets her today that under no circumstances can we tolerate any diminution in the terms of the Good Friday Agreement or in the provisions of an international treaty?

What is the situation regarding the long-proposed bill of rights for Northern Ireland? Will the Minister outline to the British Government, through the Secretary of State, the value of European Convention on Human Rights generally and that if the British were to depart from it, the only states which would really welcome it are states with a less than positive attitude to human rights? Apart from the Northern Ireland issue, which is of significant concern to us, there is also the wider context of the safeguarding of human rights.

Charles Flanagan (Laois-Offaly, Fine Gael)
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I do not disagree with anything Deputy Brendan Smith has said. I assure him that placing human rights at the heart of the peace process in Northern Ireland is very much an ongoing obligation and an ongoing piece of work because that has helped to ensure the full participation, trust and confidence of all communities. A shared emphasis on human rights and all that this implies is part of what makes the peace process both credible and effective. We will work continuously with the British Government and with the power-sharing Executive in Belfast to support the Good Friday Agreement and its institutions and the principles. We regard this as the foundational architecture underpinning the entire peace process and for this reason, I was disappointed that a renewed commitment to a bill of rights for Northern Ireland, based on the European Convention on Human Rights, as provided for in the Agreement, was not included in the recently completed Stormont House Agreement despite the best efforts and encouragement of this Government. However, I assure Deputy Smith that I will avail of other opportunities to secure progress on this and other outstanding issues pertaining to the Good Friday Agreement and the St. Andrews Agreement.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I thank the Minister for his comments. The Human Rights Act, as the Minister implied, is particularly important in regard to dealing with sensitive and contentious legacy issues.

As we approach the marching season, we should take note of the fact that all Parades Commission determinations are subject to the European Convention on Human Rights as interpreted in the Human Rights Act. A repeal of the Human Rights Act would have a devastating effect on the work of the commission and its determinations and guidelines.

The European Court of Human Rights, through the Human Rights Act, has had a substantial impact on peace in Northern Ireland, and it is that court which has held successive British Governments to account for countless human rights violations. Therefore, it is a very important body, and full participation in it by the British Government, particularly from the point of view of Northern Ireland, is absolutely essential.

Charles Flanagan (Laois-Offaly, Fine Gael)
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I wish to assure the House of my continued and intensive interest on the matter of any proposed or potential changes to the Human Rights Act. The Deputy mentioned the Conservative Party manifesto, but beyond the manifesto pledge, which promises to protect the basic rights such as the right to a fair trial and the right to life, it is unclear at this stage what is envisaged by the Conservative Party or the British Government in respect of a bill of rights.

I had the opportunity yesterday to have a brief meeting with my counterpart, Philip Hammond, the Foreign Secretary, and I relayed to him our concern - a concern about which I had the opportunity of making a statement in the Seanad last week. It is my intention this evening to meet the Secretary of State for Northern Ireland, Theresa Villiers, and this issue will be very much on the agenda. However, we await developments in terms of the publication of the legislative programme at Westminster and the subsequent draft Bill. I can assure Deputy Smith and the House that we will continue to make our position very clear on this important aspect of our relationship with the United Kingdom, with particular reference to the Good Friday Agreement.