Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I appreciate the Ceann Comhairle selecting this important Topical Issue matter and I very much appreciate that the Minister, Deputy Flanagan, is here to deal with this question himself. The Fianna Fáil Party believes the rights of survivors and victims of the Troubles must stay on the agenda and must be kept to the fore. The newly-agreed Fresh Start agreement comes against the backdrop of protracted uncertainty and instability in the Northern Ireland Executive. While the Fianna Fáil Party has welcomed the agreement, there remains a series of issues that must be addressed to copperfasten progress and safeguard peace on this island.

This new agreement is welcome because it removes the immediate threat of long-term collapse of democratic institutions established as the result of the overwhelming support of the people of this island. It provides a fresh start only in terms of the implementation of the previous deal. Unfortunately, it does not provide a fresh start or anything close to it for many people in Northern Ireland, particularly survivors and victims of the Troubles. The new, progressive measures to deal with the legacies of the past outlined in the previous Stormont House Agreement, which I welcomed at the time, are not included in the Fresh Start agreement and, therefore, those who are seeking answers and justice have once again been sidelined with no mechanism contained in the Fresh Start agreement to address their issues.

Unfortunately, the British Government and some political groupings in particular have stood in the way of dealing with the past in order to protect their own interests. Each continues to focus on the victims of others and does the absolute minimum on anything involving their side. We share the outrage of victims groups about how this issue has been brushed aside. There is effectively nothing in the agreement for survivors and victims to deal with the legacy of the past. Where is the fresh start for those people? The WAVE Trauma Centre, the largest cross-community victims and survivors support group in Northern Ireland, has said those it works with feel "abandoned and betrayed" by the agreement. The CEO of the centre, Sandra Peake, has highlighted the failure of the Fresh Start agreement to address the needs of victims. In her words:

The two Governments and political parties have said that dealing with the suffering of victims and survivors is central to Northern Ireland moving forward. They can no longer say that with any credibility. The reality is that they have abandoned and betrayed victims and survivors who have repeatedly been promised that there would be an inclusive and comprehensive way found to deal with the legacy of the past.

These are strong words on behalf of the Wave Trauma Centre, but they demonstrate the level of anger, frustration and disappointment felt by survivors' and victims’ families. In the debate here on 25 November, the Minister expressed his disappointment with not having in place adequate measures to deal with these issues. While we acknowledge the efforts made to secure this Fresh Start agreement, we must continue to address issues that were not resolved in the agreement and to fight for the rights of survivors and victims of the Troubles.

The Minister for Foreign Affairs and Trade, Deputy Flanagan, stated in a reply to a parliamentary question I submitted that "[g]ood progress was made on agreeing many of the details necessary for the establishment of the new institutional framework for dealing with the legacy of the past and that Agreement is very close on many of the details necessary for the establishment of these new institutions". Since the signing of the Fresh Start agreement, what has the Government done to address the concerns of survivors and victims and to move forward on institutions that will deal with the legacies of the past? What, if any, progress has been made regarding the historical investigations unit, placing the implementation and reconciliation group on a statutory footing and settling on its purpose and functions, and in deciding on the detail and operation of the oral history archive? The last day the Minister indicated to us during his contributions to the debate on Northern Ireland that he would be meeting with survivors' groups in the aftermath of the signing of the Fresh Start agreement. He might give us an update in regard to that dialogue on the progress we can hope to see made at the earliest possible date on what are very important issues.

Charles Flanagan (Laois-Offaly, Fine Gael)
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I thank Deputy Smith for raising this most important issue this evening. It is important to start with the positives and what was achieved by the Fresh Start agreement. It has placed the Government in Northern Ireland on a sound budgetary footing, which is so important for economic stability and development, and new financial supports that will help to unlock the full potential of the all-island economy were also agreed. A plan was agreed to bring to an end the insidious influence of paramilitarism and measures to further enhance North-South co-operation on tackling associated criminality and organised crime. Crucially, the Fresh Start agreement has assured the political stability of the devolved power-sharing institutions so that they can deliver for the people of Northern Ireland.

Notwithstanding these clear gains, the Government regrets that the Fresh Start agreement did not include agreement on the implementation of provisions of the Stormont House Agreement dealing with the legacy of the past. We share the deep disappointment of the victims and survivors of the Troubles and their families in this regard. It is worth stressing again that it was not the Irish Government that pressed for an agreement that completely left aside the legacy of the past. However, when it became clear that the choice was between having an agreement which uncoupled the past and having no agreement at all, the Government most reluctantly agreed to have a less comprehensive deal that would at least ensure that the devolved institutions would be protected and placed on a stable and sustainable footing.

What is important now is that we find a way forward that banks the good progress already achieved during the talks on legacy issues and secures a solution to outstanding matters, including the key issue of striking the right balance between the onward disclosure needs of families and the national security requirements being sought by the British Government. To this end, I met with Northern Ireland's victims commissioner on 26 November to discuss the concerns of victims and possible ways to take the issue forward in a way that satisfies these concerns. I will also meet the Northern Ireland Minister for Justice, David Ford, this Friday and the Secretary of State for Northern Ireland, Theresa Villiers, later this month in order to take stock of the implementation of the Fresh Start agreement.

In that agreement, both Governments acknowledged the "need to resolve the outstanding issues concerning the legacy of the past and to reflect on the options for a process to enable this". While I am determined to re-engage on this work in the very near future, it is also important that the selected process of engagement offers a credible prospect of success; the victims and survivors simply cannot be disappointed again. In so far as the issue of onward disclosure and national security vetoes remain a zero-sum stumbling block to wider progress, there also needs to be a measure of flexibility, compromise and common sense, so that an acceptable accommodation can be found.

When discussing the past in Northern Ireland and its legacy of loss and hurt, the iconic tragedies, such as Ballymurphy and Kingsmill, the murder of Pat Finucane and the Dublin-Monaghan bombings, are never far from my thoughts. In regard to the latter, I share Deputy Smith's disappointment that the British Government has not yet positively responded to the relatively modest requirements of the all-party motion approved by this House. It is an issue that I have raised on a number of occasions with the Secretary of State for Northern Ireland, and I will continue to do so while I have the honour of serving in this position.

I assure the Deputy that the Government remains committed to finding a way forward so that the setting up of the new institutional framework on the past can take place on an agreed basis, as envisaged in the Stormont House Agreement. We are determined to achieve the establishment of these institutions so that we can in a fundamental way deal with the past, foster reconciliation and build a society for future generations that is free from hurt and suspicion. This is essential if the full potential of the Good Friday Agreement is to be realised.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I thank the Minister for his detailed response.

The Minister has had a number of meetings, and earlier today a number of Members of the Oireachtas from all political parties met with the group Justice for the Forgotten to discuss the Dublin-Monaghan bombings and other atrocities. If the Minister and his Department can continue to engage with the different representative groups in the aftermath of the Fresh Start agreement, it is be important to reassure the groups that these issues will continue to be given the attention they need and that there can be no moving away from this issue until progress is achieved.

Elections will be held, both North and South, in 2016, and we all are fully aware of the additional difficulties in making progress on important and sensitive issues leading up to election time. Both Governments and the five Northern Ireland Executive parties must give these issues the highest priority this month and in January.

For Northern Ireland to truly move forward, we need to put in place mechanisms that deal with the legacies of the past. Victims and survivors, be they of atrocities committed North or South, have a basic entitlement to the truth. The most evil of crimes and large-scale murder were witnessed on this island, perpetrated by paramilitary organisations, and some British state forces were involved in collusion in the most heinous of crimes.

For our society, and particularly for the families concerned, the truth must be forthcoming. The necessary mechanisms have to be put in place to get the facts. Thorough and unimpeded investigations are needed, and no Government or State agencies or political groupings can be allowed to continue to block the truth process. The British Government's invoking what is in reality a veto is no longer acceptable, and I am glad the Minister referred to the unanimous motions of this House, passed in 2008 and 2011, on the need to give access to the papers and files relating to the horrific murder of so many in May 1974 in both Dublin and Monaghan. This is an issue, along with many others, that needs to be on the agenda in every meeting with the British Government and members of that Government.

Charles Flanagan (Laois-Offaly, Fine Gael)
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I acknowledge the commentary of Deputy Smith and, indeed, acknowledge his support and that of his party, both in recent times and prior to that, in terms of our approach here to matters pertaining to Northern Ireland.

The Government has a long track record of defending and promoting the rights of victims and survivors. The record clearly shows that successive Irish Governments, including those of Deputy Smith's party, have rigorously pursued justice and truth for those adversely affected by the Troubles.

This commitment to victims and survivors will remain a key priority for this Government and for myself. Whether it is Ballymurphy or Kingsmill, the Dublin-Monaghan bombings or the late Pat Finucane, the measure of one's commitment is not the loudness but the resilience and persistence. This commitment was demonstrated again through the Government's work with the British Government and the political parties in Northern Ireland in agreeing the Stormont House Agreement of December last year. This was a watershed moment in terms of dealing in a fundamental way with the legacy of the past. I met victims' representatives in recent times and I will continue to do so, and make myself available, as will my Government colleagues.

It is now important to continue our efforts to implement in full the new institutional framework on the past, as agreed under the Stormont House Agreement, which builds on the substantial progress achieved on legacy issues at the recent talks and keeps the needs of the victims and their survivors at the centre of everything these new institutions will do. The opportunity to set up the institutions must not be lost, and I intend having further meetings between now and the Christmas season.