Seán Crowe (Dublin South West, Sinn Fein)
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22. To ask the Minister for Foreign Affairs and Trade his views on the fact that the British Prime Minister, Mrs. Theresa May, has stated that she will seek to exclude the British army from the European Convention on Human Rights during future conflicts; his further views on the fact that this is just one step on the road to the British Government’s attempt to completely repeal the Human Rights Act and replace it with a so-called British Bill of Rights; his further views on whether this would be a violation of the Good Friday Agreement; and if he has discussed the issue with his British counterpart. [32023/16]

Seán Crowe (Dublin South West, Sinn Fein)
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At the Conservative Party conference at the beginning of the month, the British Prime Minister, Mrs. Theresa May, and the Defence Secretary, Mr. Michael Fallon, stated that they were planning to ensure that the British army would opt out, in other words be excluded, from the European Convention on Human Rights during future conflicts. This is a clear case of Britain waiving the rules. Does the Minister share my concern at these proposals? Does he view this as a first step on the road to the British Government's intent to completely repeal the Human Rights Act?

Charles Flanagan (Laois, Fine Gael)
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I share the Deputy's concern in so far as I acknowledge and reaffirm that the European Convention on Human Rights is a vital element of the peace process. The protection of human rights in Northern Ireland law, specifically incorporating the convention, is one of the key principles underpinning the Good Friday Agreement. The Agreement is clear that there is an obligation to incorporate the European Convention on Human Rights into Northern Ireland law. This is an ongoing legal obligation and it will continue to be in the context of the negotiations surrounding the withdrawal of the United Kingdom from the European Union.

As co-guarantor of the Good Friday Agreement, the Government takes very seriously its responsibility to safeguard its institutions and principles, including in the area of human rights.

On 7 September, the UK Secretary of State for Justice confirmed that the British Government is committed to remaining a party to the European Convention on Human Rights, while also pursuing its 2015 party manifesto plans to replace the UK Human Rights Act with a British Bill of Rights.

The Government has stressed to the British Government the importance of fully meeting its human rights obligations under the Good Friday Agreement.

Most recently, I raised the matter with the Secretary of State for Northern Ireland, Mr. James Brokenshire, MP, at our meeting on 13 September. He confirmed the British Government position that any changes to the UK Human Rights Act would be made in a way which would be fully consistent with the British Government’s obligations under the Good Friday Agreement. In this context I note that while a domestic Bill of Rights can complement incorporation of the convention, it does not replace it. The Government has noted the comments made by the UK Defence Secretary, Mr. Michael Fallon, MP, during the Conservative Party conference earlier this month. The proposal is for the UK to derogate from certain articles of the European Convention on Human Rights in future conflicts. It is important to note that derogations must be compatible with the requirements and limitations set out in the convention and this falls within the jurisdiction of the European Court of Human Rights.

Seán Crowe (Dublin South West, Sinn Fein)
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It is clear from the comments from the Conservative Party conference that they are trying to reduce the human rights oversight of their actions. We know only too well the human rights abuses committed by British soldiers in the past conflict in Ireland. An opt-out for the British Army of this part of the convention is reprehensible. I have listened to what the Minister has said with regard to human rights legalisation that would complement the convention, but the worry is that rather than complement it, in part it is trying to undermine, particularly, the foundations of the Good Friday Agreement. The Human Rights Act and the European Convention on Human Rights are cornerstones of the Good Friday Agreement. As co-guarantor of the Good Friday Agreement, the Government has to take its responsibility clearly in raising it. The Minister said that he has discussed this with the British Secretary of State who has given these assurances. Has the Taoiseach directly raised the issue with the Prime Minister, Theresa May? What is the Minister's view with regard to this legislation? Does he feel that one law can complement the other or does he share my view that it is going to undermine that human rights access?

Charles Flanagan (Laois, Fine Gael)
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I wish to make it clear to the Deputy that I have raised this specific issue in the context of my discussions with the Secretary of State for Northern Ireland, Mr. Brokenshire, MP, and I am not discouraged by his reply. I am, however, aware that outside the question of the ECHR there have been concerns expressed across Northern Ireland about the status, post-Brexit, of those human rights provisions which are connected with EU membership, including the EU Charter of Fundamental Rights. The issue of human rights is something the Government will continue to monitor closely in the months ahead. We will encourage the British Government to offer clear reassurance in that area. I will continue to monitor the situation closely. I will be raising the proposed UK derogation from the convention in future conflicts and the proposed repeal of the UK Human Rights Act, in my next meeting with the Secretary of State for Northern Ireland and with the UK Foreign Secretary. The Irish and British Governments have a clear and continuing obligation to uphold all of the provisions of the Good Friday Agreement. In the crucial area of human rights it is important that both Governments continue to do all they can to engender confidence by demonstrating an ongoing commitment to both the letter and spirit of the Good Friday Agreement. I will undertake to keep the House fully informed of this important issue.

Additional information not given on the floor of the House

We will continue to work closely with the British Government and the Northern Ireland Executive to ensure that the protection of human rights remains at the heart of civic life, politics and ongoing societal change in Northern Ireland. This includes the continued incorporation of the European Convention on Human Rights in Northern Ireland law as provided for in the Good Friday Agreement.

Seán Crowe (Dublin South West, Sinn Fein)
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They may say these things privately to the Minister but publicly they talk about the primacy of British law and so forth. That is the worry. The Minister may or may not have read the report compiled by the law firm Kevin Winters and Company on the potential effects of the repeal of the Human Rights Act. The report says that restricting the role and influence of the European Court in British law would have severe negative effects on human rights protection in the North. When the whole Good Friday Agreement was being put in place, human rights protection was a clear pillar so any chipping away or undermining of human rights legislation is clearly undermining the Good Friday Agreement. I welcome the fact that the Government is going to be proactive on this issue.

Charles Flanagan (Laois, Fine Gael)
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I thank the Deputy for raising this important issue. I confirm that it has been the subject matter of specific discussions in the context of my meetings, not only with Secretary of State Brokenshire but also with other interlocutors. We will continue to monitor the situation and we will continue to raise this issue in the context of our deliberations and our discussions with members of the British Government.