Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

Cuirim fáilte roimh an Aire. While having some points to make, I welcome the introduction of this legislation overall. As the Minister knows, it is a long time coming. He was intimately involved in the negotiations with the British Government and the parties in the North.

I noted the Minister's use of the term "corrosive" when referring to the legacy of the past. He was right, as the legacy of our past can be corrosive in many ways. However, what remains most corrosive is the overall inability and, in some instances thus far, refusal to resolve this issue and get truth and justice for families.Part of today's legislation seeks to do that and it is welcome. I wish others with responsibility were taking this as seriously and moving as swiftly. As the Minister knows, I will support this legislation. I regret, as the Minister acknowledges, that we are dealing with it in such a hasty way. Much justice legislation is passing through the House and I am sure that other colleagues across the board would have appreciated more time to engage with this Bill in a more detailed way. I concede that we are where we are.

This Bill is important and Sinn Féin supports it. For a long time, we have called for such legislation. Like the Minister, our negotiating team was part of the talks at Stormont House. There are ongoing issues in trying to deal with the legacy cases and we need to do much more. The Stormont House Agreement was reached between the parties and both Governments on this very contested issue of legacy cases. That was a difficult thing to achieve, with much involved in it, not just for the political parties but mostly for the families, victims and survivors. The agreement was reached after difficult negotiations and the issue of legacy cases is sensitive and complex. To achieve that agreement was one thing but unfortunately we have not made much progress on it to date. This is one of the obligations of the Irish Government and I hope the passage of this Bill today will prompt the British Government to act and legislate.

The British legislative requirement is much more substantial. There are ongoing requirements for inquests and inquiries, such as in the case of Pat Finucane and several others. The British Government has had this legislation on its desk for a considerable time. The PSNI has indicated that it does not believe it has the capacity to properly investigate legacy cases and this is impacting on its ability to police in the here and now. It needs the independent commission for information retrieval, ICIR, and the historical investigations unit but the British Government has been very slow to act. I hope that this will prompt some movement today.

I also recognise that the legislation is necessary in the context of ongoing inquests into the Kingsmill massacre and the case of Arlene Arkinson. It is important for this legislation to be expedited if it can assist with those inquests. The Bill primarily facilitates the co-operation of An Garda Síochána with coroners' inquests and allows gardaí to give statements. It appears that the mechanism provided is as tight as it needs to be as it relates to the coroner in the North or, in certain circumstances, a designated coroner in Britain could make a request for assistance to the Garda Commissioner. The Garda Commissioner can decide to agree, agree in part or refuse. The coroner can be present while a garda of a rank no lower than chief superintendent is questioned by a High Court judge. That is appropriate as gardaí have, in the past, provided documentary evidence but have not been in a position to provide testimony. Private individuals can do so as matters stand but gardaí cannot. It would be of value to such inquests if gardaí were able to testify.

The other issues, as the Minister acknowledges, are largely technical so I do not need to cover them in great detail. There are key components of this Bill which are important. It is our view that the Bill could be strengthened with a modest amendment on Committee Stage which would have a positive impact on accountability and oversight of this process moving forward. I listened to the debate in the other House and noted with great interest the suggestion made by the Deputy Jim O'Callaghan of Fianna Fáil that there was a need for international involvement in this process. It has long been Sinn Féin's view that there is a strong case for an international truth and reconciliation commission. In the absence of agreement on a process of that kind, the best roadmap agreed by both Governments and the political parties North and South is through the use of the Stormont House mechanisms. It is past time to implement them. This is a step towards that but more is required from us and, especially, the British Government. My hope, which I have expressed numerous times, is that the families, who have had to go to the courts and, more recently, take to the streets in their thousands to see their right to truth and justice fulfilled and realised, will start to see some movement from the British Government.