Charles Flanagan (Laois-Offaly, Fine Gael) | Oireachtas source

-----to the matter of organised crime, and racketeering and criminality and smuggling of a type that this House debated some time ago. On the question of cross-Border crime, there is already very strong North-South co-operation involving the police and other relevant agencies from both jurisdictions. Next week the Minister for Justice and Equality, Deputy Frances Fitzgerald, and the Northern Ireland Minister of Justice, Mr. David Ford, will host a conference on organised crime in Sligo, which will be attended by representatives of An Garda Síochána, the PSNI, the customs services and the asset recovery agencies. Organised crime, whatever its nature and whoever is carrying it out, inflicts great damage on our communities and there continues to be a shared determination to tackle it effectively. I am pleased that the talks in Northern Ireland have enabled us to highlight the solid work we are doing to combat this scourge on society and to refocus on the indispensable need for North-South co-operation in this area. I welcome the contribution of Seanadóirí in the debate in the past and, in particular, in recent months. Many Senators are actively involved in other fora of the British-Irish parliamentary tier.

Of equal importance in the talks is the need to fully implement the Stormont House Agreement. This agreement, concluded on 23 December 2014, offers a blueprint to overcoming current difficulties in the Northern Ireland Executive, especially around financing, welfare reform and dealing with the legacy of the past. While financing and welfare reform is an internal issue for Northern Ireland, I have continually encouraged the parties to resolve their difference for the sake of Northern Ireland's economic stability and the sustainability of public services throughout Northern Ireland. That is not only vitally important for the people of Northern Ireland but also for developing and creating an all-island economy which benefits all citizens.

It is also crucial that we complete the work started by the Stormont House Agreement on setting up institutions to deal with the legacy of the past so that justice and truth can bring what healing is possible to victims and survivors of the Troubles and their families, friends and communities. My officials and I are working intensively with the Secretary of State and the Northern Ireland Office to ensure the rapid establishment of the institutions, including the independent commission for information retrieval, the historical investigations unit and the implementation and reconciliation group. An international treaty between the British and Irish Governments is required in order to set up the independent commission for information retrieval. Throughout these negotiations, which are well under way, the Government has focused on the need to underpin the independence of the commission and to put the families of the victims and survivors at the centre of everything the commission will do.

When it comes to the historical investigations unit, I have repeated Ireland's strong commitment, as set out in the Stormont House Agreement, to ensure that Irish authorities co-operate fully with the historical investigations unit. That will require legislation within this jurisdiction, which will be brought forward by my colleague, the Minister for Justice and Equality in the coming months.

I wish to clarify one point. Some media coverage in the past week has suggested that the institutions for dealing with the past agreed at Stormont House would somehow convey an amnesty. That is not true. There will be no amnesty. The new institutions, as agreed, provide for different ways of dealing with the past. The new historical investigations unit provides for police investigation and, where there is an evidential basis, the prospect of justice.

The independent commission for information retrieval, to be established by the two Governments, is intended to allow individuals to seek information about Troubles-related deaths where there is no realistic prospect of prosecution; and information provided to the commission for this purpose would not be admissible in a court of law. However, the Stormont House Agreement makes it clear that no individual who provides information to this body will be immune from prosecution for any crime committed should the required evidential test be satisfied by other means and this will be reflected in the agreement establishing the body. In addition, an oral history archive will be established. These bodies will be overseen by an implementation and reconciliation group, with a mandate to promote reconciliation, a better understanding of the past and to reduce sectarianism. I believe that taken together, those four mechanisms provide an opportunity to deal with the legacy of the Troubles in a way which upholds the rule of law and facilitates justice, acknowledges and addresses the needs of victims and survivors, is human rights compliant and, above all, promotes reconciliation.

Recent weeks have demonstrated once again that the Good Friday Agreement of 1998 was by no means the end of the journey but it was a seismic moment when we forged a new shared path for how we would address the different aspirations and identities on this island. It requires constant care and attention and my focus in the course of the coming weeks will be to ensure that the Good Friday Agreement can be fully implemented and all its institutions can operate effectively.

I assure Senators, especially an Seanadóir Ó Murchú, of the involvement of the Taoiseach. He is directly involved. In the past ten days he has spoken to Prime Minister Cameron. I talk to the Taoiseach almost daily about what is happening in Northern Ireland. For the benefit of Members of this House, hardly a talks session concludes without me receiving a call from the Taoiseach, who is updated on a daily basis and whose involvement can only be described as engaged fully and directly involved.

An Seanadóir Ó Murchú referred to electioneering. There is no election here. That matter was referred to in the Lower House yesterday. There is no election on here and if there were, Senators would be busily engaged in their own pursuits. Senators can be assured that nothing that has been said on the matter of Northern Ireland will in any way be referenced or related to any other campaign anywhere.

I am not sure how much more time I have but I am almost ready to conclude. A key component of the Good Friday Agreement remains North-South co-operation. It is important that this co-operation is allowed to continue, despite the difficult political situation in Stormont. North-South co-operation is vitally important not just for police co-operation but also in the areas of tourism, transport and trade. I know several Members of this House also have direct experience of the useful co-operation that takes place in the North-South Inter-Parliamentary Association.

I have spoken in recent weeks to the leadership of all the Executive parties. I have heard very clearly the frustration they all feel. But underneath that, I have discerned a deep and steely resolve to ensure that the power-sharing institutions are preserved and maintained. Every party is up for talks because, whether they articulate it or not, every party knows what is at stake: the very survival of the power-sharing institutions themselves. There is undoubtedly a realisation that the consequences of failure would constitute a serious set-back for the people of Northern Ireland and the people of our island.

If, despite our best efforts, the institutions fall, then under the legislation elections would immediately follow. Regrettably, such early elections would take place in a divisive context and the issues of contention would remain to be resolved in their aftermath. While everybody welcomes elections and at all times the people are sovereign and will cast their vote on the issues of the day, elections in Northern Ireland would not immediately resolve the problems because issues relating to finance, welfare, the Stormont House Agreement and the Good Friday Agreement will still remain and need to be resolved in the aftermath of any fresh elections. It is, therefore, far better to resolve the outstanding issues now. All the parties, with the support of the two Governments, must seize the current opportunity, engage constructively and in a spirit of mutual respect and seek to resolve the current difficulties for the benefit of the people they represent. Of course, it is right that this House should debate the matter of Northern Ireland at every opportunity.

I acknowledge the decision earlier today of a Member of this House to announce his retirement, namely, a colleague of mine, Senator Jimmy Harte. I have had a close association with the Harte family for many years. I concur with the Leader of the House who acknowledged the very important role played by Senator Jimmy Harte, the Harte family and, in particular, the former Deputy, Paddy Harte, on matters not only relating to Donegal and Northern Ireland but nationally. Paddy Harte was one of the few politicians who took risks for peace.That was, no doubt, acknowledged in the context of the historic coming together of parties to sign the Good Friday Agreement. I know that, in this regard, my fellow politicians in Northern Ireland have invested too much in this project of transformation to allow it to fail. Therefore, all of us have an obligation to go forward in a spirit of positivity, knowing that both compromises and courage will be required from all the participants involved, because it will not work otherwise. In conclusion, I know I can count on the support of all in this House as we seek to bring the current talks to a successful conclusion.