Seanad debates

Tuesday, 1 February 2022

Nithe i dtosach suíonna - Commencement Matters

Northern Ireland

2:30 pm

Photo of Thomas ByrneThomas Byrne (Meath East, Fianna Fail) | Oireachtas source

Tá áthas orm bheith anseo inniu ar son an Rialtais chun an díospóireacht seo a fhreagairt. Gabhaim mo bhuíochas leis an Seanadóir Ó Donnghaile as a smaointe a thabhairt dúinn maidir leis an ábhar tábhachtach seo.

The Police Ombudsman for Northern Ireland, Marie Anderson, last month published a report concerning the RUC's handling of paramilitary attacks carried out by the Ulster Defence Association, UDA, and Ulster Freedom Fighters, UFF, between 1989 and 1993, which resulted in murders and multiple attempted murders. The report, as the Deputy well knows, has identified collusive behaviours and raised significant concerns about police conduct during this time. Ms Anderson held that the concerns on the part of the families of those killed regarding collusive activity were legitimate and justified. A range of factors included intelligence and surveillance failings, the failure to warn people about threats to their lives, the passing of information by members of the security forces to paramilitaries, the deliberate destruction of files related to informants and the passive turning a blind eye to apparent criminal activity.

It is undoubtedly a significant report and the Government will study its findings carefully.It is of course a deeply impactful moment for those families whose loved ones were killed in these acts of violence. Our thoughts must be first and foremost with those families as they read and process the findings.

The report, however, serves to highlight the vital work of the office of the Police Ombudsman as an independent system for the handling of complaints about the conduct of police officers. This is a work of great sensitivity and importance that is essential in order for society to have confidence in policing and the rule of law into the future. Those families who are impacted by the report and every family who lost somebody in the Troubles deserve to know the truth about what happened to their loved one, to have access to effective investigations and to a process of justice, regardless of the perpetrator.

Addressing the legacy of the conflict on the island is a complex and sensitive task, but in 2014 the two Governments and the parties reached an agreement that mapped out a fair and balanced framework designed to do so, which would see the establishment of a historic investigations unit, an independent commission for information recovery and an oral history archive. The Stormont House Agreement was based on the fundamental principles of facilitating the pursuit of justice, upholding the rule of law, meeting the legitimate needs of victims and survivors, and fulfilling our shared human rights obligations. We have been working for the implementation of that agreement for families who need to see a system in place and a clear road they can take to access truth and justice. Progress is essential and too much time has passed.

The UK Government, as the Senator knows, has put forward proposals, including a statute of limitations, that constitute a significant departure from that agreement into which it entered. We have made it clear this is not something we can support. We are totally opposed to it. The proposals have faced strong and almost universal opposition from victims, civil society and every political party. We have cautioned the British Government strongly against any unilateral action in this space. We are ready to engage to find a collective and agreed way forward but it must be won based on access to justice, rule of law and one that has the needs of victims and survivors at heart.

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