Dáil debates

Wednesday, 13 December 2017

Ceisteanna - Questions - Priority Questions

European Court of Human Rights Judgments

11:10 am

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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29. To ask the Minister for Foreign Affairs and Trade if he will meet with a group (details supplied) as soon as possible to discuss the way in which the Government will progress measures to ensure justice for them. [53241/17]

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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My question relates to the group known as the hooded men. Will the Tánaiste and Minister for Foreign Affairs and Trade meet with them as soon as possible to discuss ways in which the Government can progress measures to ensure they finally achieve justice?

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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On 2 December 2014, the Government announced its decision to request the European Court of Human Rights to revise its 1978 judgment in the case taken by Ireland against the UK. The request was filed with the court on 4 December 2014. On the basis of new material uncovered, the Government contended the ill treatment suffered by the victims should be recognised as torture. The Government’s request remains under consideration by the European Court of Human Rights.

In March 2016, the UK was invited to submit observations on several questions posed by the court. At the request of the UK, the deadline for submission of its observations was extended by the court from time to time up to December 2016. In February 2017, the Government submitted its reply to the UK observations on the application. Further observations were submitted by the UK in April and the Government responded to these in May 2017. The Government is now awaiting notice from the court as to how it wishes to proceed in considering the case.

In a separate process, the Belfast High Court on 27 October last, further to a judicial review application by some of the victims in the case, quashed a 2014 PSNI decision not to take further steps to investigate the question of identifying and, if appropriate, prosecuting those responsible for criminal acts during the interrogation of the victims. The court finding means the question should be revisited. The Department is continuing to monitor these developments.

The Department has remained in contact with the legal representatives of the survivors and their families in this case since the Government’s request to the European Court of Human Rights in December 2014. Departmental officials also met with the men in November last year to inform on the status of the Government’s request to the European Court of Human Rights and to hear their views.

I would be glad to meet with the survivors to hear their experience and their views regarding their continuing search for truth, justice and acknowledgment. I have directed the Department to confirm the meeting sought in the period ahead, when I would hope to be in a position to brief on progress with the Government’s application in Strasbourg.

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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I thank the Tánaiste and Minister for Foreign Affairs and Trade for his positive answer. He referred to the original details such as inhumane and degrading treatment. What emerged in early 2013, through declassified documents which the British Government had tried to hide from European Court of Human Rights, was that there was an existence of the interrogation centre in Ballykelly. In other words, lies were told to the European Court of Human Rights.

There is further evidence that this was a policy at the highest level which the then British Prime Minister, Secretary of Defence, and Home Secretary knew about. The Irish Government did fulfil its role. However, we are approaching 40 years since the events and the men are still waiting for justice. In the meantime, four of them have passed away. When one meets them, one realises the extent of their suffering, both physical and mental.

For how much longer will this go on? Surely this ticks all the boxes to be considered a priority case by the European court, considering the ages of the men involved, the new evidence and the length of time it has taken so far. Are we proactive in ensuring this can be heard by the European Court of Human Rights? Is the Tánaiste and Minister for Foreign Affairs and Trade confident it will be heard in the near future?

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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It is important that I do not anticipate what the court will do with timelines. The Deputy will appreciate that. The Irish Government will ensure that any additional information we need to provide or requests that come of it will be treated with an absolute priority.

I do control when I can make myself available to meet the individuals concerned. I am happy to do that early in the new year. The Deputy is also more than welcome to accompany them if she wants to.

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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I thank the Tánaiste and Minister for Foreign Affairs and Trade. They will welcome that because they have been asking to meet somebody at the highest level, either the Tánaiste and Minister for Foreign Affairs and Trade or the Taoiseach, for some time. It is a matter of courtesy and respect for what they have suffered.

It strikes me that there seems to be more effort and interest in protecting the identities and position of those who ordered the torture, as well as those who carried it out, than it is in ensuring justice for the victims. The case will also have significant political implications for the whole nature of torture across Europe and the globe. I urge that a date for meeting the men in question could be fixed for as soon as possible in the new year.

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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We will try to facilitate that meeting as early as we can. I will be in the Middle East in the second week in January. The meeting will probably be after that in the second half of January.