Seán Kyne (Galway West, Fine Gael) | Oireachtas source

I thank Senator Ó Domhnaill for raising the most important matter of dealing with the legacy of the Troubles. I am taking this Commencement debate on behalf of my colleague, the Minister for Foreign Affairs and Trade, Deputy Flanagan, who is abroad and cannot be here. I acknowledge the presence of Dr. Paul Monaghan, MP, and other representatives in the Distinguished Visitors Gallery.

It has been 15 months since the signing of the Fresh Start Agreement, which was reached after ten weeks of intensive cross-party negotiations. It is deeply regrettable that while considerable work has been undertaken and there have been productive discussions, the fact remains that in the time since there has been little visible progress in establishing the legacy institutions provided for under the Stormont House Agreement of 2014. The Government shares the deep disappointment and frustration of victims and survivors of the Troubles from all communities who have had to wait far too long for access to truth and justice. In that regard, I acknowledge the presence of Mr. Max Mogollon and sympathise with him on his loss.

The Government remains strongly committed to the establishment of the architecture for dealing with the legacy of the past that is provided for in the Stormont House Agreement and this is reflected in the programme for Government. This system provides a framework for dealing comprehensively with the legacy of the past in a way that can bring whatever healing is possible to those affected by the Troubles. The legacy institutions agreed at Stormont House include the Historical Investigations Unit, HIU, an independent body tasked with investigating outstanding Troubles-related deaths.

Senator Ó Domhnaill has rightly highlighted the critical importance of the HIU as part of the comprehensive approach to dealing with the legacy of the past. An effective and adequately resourced legacy inquest system is also an essential part of the system to provide for effective investigations into deaths during the Troubles. The Government has been clear in its support for the proposals made by Lord Chief Justice Declan Morgan in this regard.

The Minister for Foreign Affairs and Trade has remained intensively engaged since the time of the Fresh Start Agreement to seek and support a way forward to get the Stormont House legacy framework urgently established. This has included an extensive programme of consultation on the part of the Department of Foreign Affairs and Trade with victims' groups from across the communities in Northern Ireland as well, as groups representing victims and survivors of the Troubles from this jurisdiction and Britain. It is vitally important that the envisaged legacy institutions have the trust and confidence of the victims and survivors and their families. Their support will, therefore, continue to be central to the Government's approach in this area.

In December 2016, the Minister, Deputy Flanagan, directed that Ireland advocate at the Council of Europe on the urgent need for progress on legacy issues in Northern Ireland, focusing in particular on the establishment of the HIU and a properly resourced legacy inquest system. These mechanisms would satisfy the outstanding judgment against the British government in the McKerr v. Others group of cases by ensuring that effective investigations and full compliance with Article 2 of the European Convention on Human Rights finally takes place. The Minister has also remained in regular and direct contact with the Secretary of State for Northern Ireland and with the political parties there on legacy matters and has consistently underlined the obligations of the British Government in this area.

It is important to emphasise that both Governments remain committed to the establishment of the Stormont House legacy institutions as soon as possible and that they continue to work to achieve this outcome. The Minister discussed legacy issues most recently with the Secretary of State for Northern Ireland at their meeting in Dublin on the 30 January. There was agreement that the ongoing work by both Governments with the political parties to support the establishment of Stormont House institutions must continue and be intensified following the Assembly elections on Thursday with a view to getting the necessary agreement as soon as possible.The Government has and will continue strongly to urge the British Government, the Northern Ireland Executive and all interested parties to approach legacy issues with resolve, leadership and compromise in the period ahead in order that the few outstanding issues can be dealt with and the necessary legislation introduced and enacted in both jurisdictions to get the Stormont House Agreement legacy bodies finally established.