Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I thank Senator Marshall for raising this important matter, which I understand refers to the criminal justice (international co-operation) Bill. I acknowledge his work on these issues. His membership of this House is important. He provides an invaluable perspective on many issues, not least those concerning the legacy of the dark days of horrific violence on our island. I thank him for giving me the opportunity to update the House on an issue he and I have discussed many times. I had the opportunity of visiting the site of the Kingsmill massacre on a country road, as Senator Marshall outlined and to reflect also on the poignant monument near Whitecross. I acknowledge the Senator's deeply personal recollection of the horrors of the atrocity at Kingsmill, and I assure him of my sincere personal commitment to ensuring the Irish Government plays its part in implementing the commitments of the Stormont House Agreement, the negotiation of which I was closely involved in, in my then role of Minister for Foreign Affairs and Trade.

I published the general scheme of the criminal justice (international co-operation) Bill in December 2017, following approval by the Government. This proposed new legislation is an important further step in the Government's ongoing commitment to implement measures to address the legacy of the Troubles on this island and to support the victims of the Troubles and their families. In addition to enhancing the co-operation provided to coroners' inquests in Northern Ireland into historical Troubles-related deaths, these proposals will further underpin the Government's commitment to full co-operation with the framework of measures set out in the 2014 Stormont House Agreement. The proposed legislation will provide for a mechanism for coroners in Northern Ireland who are conducting inquests into Troubles-related deaths to hear testimony from Garda Síochána witnesses under existing Irish law. The Bill will also extend the provisions of the Garda Síochána Act 2005 to allow the Garda Commissioner to enter into co-operation agreements with non-police law enforcement bodies outside the State. That will be an important element in our co-operation with the legacy institutions to be established under the Stormont House Agreement, namely, the historical investigations unit and the independent commission on information retrieval.

I must emphasise that this legislation is seeking to enhance further co-operation in addition to the considerable assistance which has already been facilitated by the Government and the Garda authorities. In respect of the ongoing inquest into the horrific Kingsmill murders, the Government, in June 2015, approved specific legal arrangements to enable the transfer of material to the Northern Ireland coroner. These specific legal measures were made in response to the absence of an existing formal, legal mechanism that would have allowed the Garda authorities to transfer relevant material outside the jurisdiction.In accordance with those legal arrangements, the Garda authorities have provided the Northern Ireland coroner with all relevant documents in their possession and have responded to his follow up queries.

I strongly agree with Senator Marshall when he speaks about their being no hierarchy of victims. He is right, and I agree with that fully. The Bill is now at an advanced stage of drafting. A considerable amount of legal work has been undertaken to ensure that, once enacted, this legislation will deliver on the Irish Government’s commitment to fully co-operate with legacy inquests in Northern Ireland. I expect to publish the Bill before the summer recess. On the basis of previous experience with North-South related legislation I would expect broad support from all Members of the House. I am confident that the Bill will progress swiftly through the legislative process and I will be seeking the co-operation of Senators at that point before we embark on the summer vacation.