Pearse Doherty (Donegal, Sinn Fein)
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14. To ask the Minister for Foreign Affairs and Trade if she has further plans to engage with the British Government over the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 and the request for a fresh inquest into the 1973 killing of a person (details supplied), given that a fresh inquest was approved, only for the Act becoming law a few hours later; the support being provided to their family; and if she will make a statement on the matter. [66282/25]

Pearse Doherty (Donegal, Sinn Fein)
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The family of Michael Leonard have now waited more than 50 years for the truth about how Michael was killed by the RUC on the Donegal-Fermanagh border in 1973. New evidence contradicts the original account and raises serious questions. We now have a change of landscape in Britain. The old legacy Act is being dismantled and new legacy structures are being put in place. In light of these developments, has the Minister raised Michael Leonard's case with the British Government or does she intend to raise it in a timely fashion?

Helen McEntee (Meath East, Fine Gael)
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The case of the person in question, Michael, and the family's desire for answers have been raised on a number of occasions at ministerial level with the UK Government. As the Deputy mentioned, following new evidence unearthed since the dismissal of the initial inquest in 1973, the Attorney General for Northern Ireland ordered a fresh inquest into the person in question's death on 30 April 2024. Unfortunately, this new inquest was never commenced due to the UK legacy Act, introduced in May 2024.

The joint framework on legacy, announced on 19 September by the two Governments, fundamentally reforms the 2023 UK legacy Act. It aims to provide a pathway to truth and accountability and, to the extent possible, justice for those most affected by the violence of the Troubles. It lifts the ban on inquests and provides a way forward for those inquests, such as the inquest of Michael, that were ordered but not commenced before the 2023 Act.

Once the implementing UK legislation has been passed and enacted, Michael's case will be independently assessed by the UK Solicitor General to consider whether it would be most appropriately dealt with by the reformed legacy commission or via the coronial system. This assessment will be carried out on the basis of specific criteria set out in legislation, including the views of families and the next of kin.

Too many families in Northern Ireland have waited for far too long for truth and accountability. My focus is now on making sure that the processes established by the joint framework are up and running as soon as possible. I have already engaged with Mr. Hilary Benn MP on this particular issue but also more broadly on ensuring that we can continue to strengthen and evolve relationships North, South, east and west. I look forward to, hopefully, meeting Ms Yvette Cooper MP soon and to making sure that those relations are strong and all matters can be discussed. I look forward to working with victim and survivor groups closely over the coming months, as well as with political parties in Northern Ireland, to ensure that the reformed legacy commission, once set up, has the ability to command the confidence of victims and survivors of the Troubles.

Pearse Doherty (Donegal, Sinn Fein)
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I thank the Minister. She may be aware that I have raised this issue countless times with the Government and her predecessor. I am sure she is aware of the circumstances of the case. She says she has raised this with Mr. Hilary Benn MP. I think she will agree that it is worth raising again. Michael was a 24-year-old Donegal man. He was shot in the back and killed by the RUC on the Border at Brookhill in Fermanagh near Pettigo. For decades, the official narrative was that he was shot by a single shot that was fired accidentally by the RUC. New evidence uncovered in 2023 in British army logs by researchers has since exposed that at least three shots were discharged by a member of the RUC, contradicting the original account and raising profound questions about the circumstances of his death. At that time in 2023, the Leonard family came here to Leinster House to ask for help from the Government. They deserve to finally have answers to their questions.

I welcome that the Minister says she has raised the case with Hilary Benn. What are the next steps she will take on behalf of the Government in respect of the case of Michael Leonard?

Helen McEntee (Meath East, Fine Gael)
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This is a case that has been ongoing for some time. It is important that families, and Michael's family in particular, get answers. Once the commitments in the joint framework are translated faithfully into legislation, the legacy commission will look and feel somewhat different from what we have had in the past. The governance and oversight structures will be much clearer and stronger. They will hopefully lead to greater independence, and then investigations can be carried out to recognised standards with statutory conflict of interest provisions to address real and perceived conflicts of interest. Importantly, a statutory victims and survivors advisory group will be established, ensuring that their voices are heard and they remain very much front and centre in this overall process.

The publication and the second reading of the Bill and the amendment to the legacy Act are moving forward. I welcome the speed at which the British Government has brought forward the Bill. It demonstrates the seriousness with which the secretary of state and his colleagues are approaching this absolutely essential work. The test will be to see if it faithfully reflects the agreement that was reached in September. I have every confidence in my initial engagement with Mr. Hilary Benn MP and others that they are working to ensure that this reflects faithfully the agreement that was put in place. Most important is that we can progress with the elements of the legislation that will hopefully give answers to Michael's family and to many others as well.

Pearse Doherty (Donegal, Sinn Fein)
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As the Minister is aware, the legacy Act that came into existence in Britain on 1 May 2023 shut down an inquest into Michael's killing, incredibly, just hours after it was granted by the Attorney General. The case was an example of the cruelty of Britain's legacy Act writ large. As well the new evidence, the Attorney General granted the inquiry on the basis that the original inquest did not receive oral evidence from any of the RUC officers involved in the killing. Given the circumstances that this new evidence came too late before the cruel legacy Act was enacted, it is vital that the inquest into Michael's death be reopened. It is important that whatever happens in relation to the negotiations and phases of the framework for dealing with these matters, the inquiry into the killing of Michael Leonard be reopened. As the Minister knows, the family is not looking for special treatment but what they do deserve are answers and justice for Michael.

I welcome the fact that the Minister has raised this and I am asking her to continue to raise it. There are far too many cases where families have campaigned for decades, in this case for half a century, for the truth and justice. I am asking the Government to support them in their quest.

Helen McEntee (Meath East, Fine Gael)
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In any engagement with our counterparts in the North or in the UK, we must focus on the fact that these are families and these are tragedies that we have not got answers for. That needs to be front and centre in everything we do. We have turned a corner in our own relations with the UK and I can see that clearly over the last number of years, through my time as Minister for Justice, in the councils I sit on and my engagement to date, in particular with the secretary of state, Mr. Hilary Benn MP.

I stress that the joint framework removes the legacy Act's prohibition on inquests. This will utterly change the landscape that we have been working with and that has prevented so many of these inquests from taking place. Inquests that were halted by the legacy Act will recommence. Inquests that had been ordered but had not begun, such as that into the death of Michael Leonard, will be subject to a further decision by the UK Solicitor General on whether they would be appropriately dealt with as an ordinary inquest, as I mentioned earlier, via the coronial system or via the inquisitorial mechanism, which will sit under the reformed legacy commission. The important thing now is that the legislation is enacted. We will obviously follow through and enact our own legislation here once that is the case. It is about getting those bodies and institutions set up so that we can provide answers to families.