Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

I appreciate the Senator raising this matter. It is one I know to which he is deeply committed and interested in and he has been watching very closely since this whole issue regarding the Northern Ireland legacy Act and the Bill was originally announced some time ago. I also join Senator Blaney in acknowledging Senator McGreehan's continuing interest in this matter as well. Senator Blaney has been a particularly strong advocate and voice of criticism on this legislation and I encourage him to continue his contacts as the Government will also continue to do through its own channels.

The Northern Ireland Legacy Act received royal assent on 18 September. Since the British Government unilaterally introduced this legislation in May 2022, there has been consistent and widespread opposition from all the main political parties in Northern Ireland, victims and their representatives, church leaders, and civic society, as well as from international observers and experts, and from this Government. I would includ the Senator, who has been based in a Border county all his life, to this list.

At every opportunity, the Taoiseach and Tánaiste have made known the opposition of the Government to their British counterparts and have called on them to pause the legislation and return to the principles of the Stormont House Agreement, which were agreed by both Governments and most of the Northern Ireland parties. In 2020, the UK Secretary of State for Northern Ireland recommitted to that agreement but with the new legacy Act has moved unilaterally away from it. It is a matter of deep regret that this way forward was never given a chance, that is, through the work under the Stormont House Agreement. We have serious concerns around the Act’s compatibility with the European Convention on Human Rights, ECHR, referred to by the Senator on a number of occasions in his opening remarks. In particular, we have concerns about the provisions around the granting of immunity for crimes amounting to gross human rights violations and the shutting down of all outstanding legacy inquests. This is a source of real distress for many families waiting for inquests or pursuing civil litigation related to the death of their loved ones, and will likely have a negative impact on reconciliation. A key element of reconciliation is being able to go through the process of what happened in the past and having the facts out there, as comfortable or as uncomfortable as they may be for some people. This is an essential part of reconciliation.

In addition, a significant number of international observers, including the Council of Europe, the UN High Commissioner for Human Rights, and US representatives, have expressed serious concern about the provisions of the Act. Respect for the European Convention on Human Rights is at the heart of the Good Friday Agreement, which is the bedrock of peace in Northern Ireland. Its implementation in Northern Ireland law is a specific requirement of the Good Friday Agreement. This Act risks undermining the fundamental rights of the people of Northern Ireland. In so doing, it damages the process of reconciliation, which we have worked so hard to progress. The Government must now consider its response to the passing of this Act by the UK, in the face of unprecedented opposition, and in the face of what previously had been agreed. I know this matter is on the agenda for both the Taoiseach and the Tánaiste. The issues mentioned by Senator Blaney regarding the European Court of Human Rights are under consideration and we are awaiting legal advice from the Attorney General on that matter.