Brian Ó Domhnaill (Fianna Fail)
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I welcome the Minister of State, Deputy Kyne, who is here today on behalf of the Minister for Foreign Affairs and Trade. This is a legacy issue from the Troubles. It relates to the scrutiny of an independent inquiry into victims of and deaths that occurred during the Troubles. It relates to at least 1,000 victims of the Troubles in the North and their families who are seeking justice in the form of an independent inquiry into the deaths. There are many victims, both living and dead, who have suffered as a result of the Troubles in the North of Ireland. Organisations such as the Pat Finucane Centre have done Trojan work in seeking justice. To date, despite the best efforts of the parties in the North prior to the dissolution of the Stormont Executive, it has not happened. A roadmap was paved through the Stormont House Agreement in 2014, which would have effectively set up an independent evaluation, conducting effective and prompt or reasonably prompt investigations to give justice to the families who lost loved ones. One of those who lost his wife is a constituent in Donegal, Mr. Max Mogollon, who is here in the Visitors Gallery today. He lost his wife in the 1990s as a result of security forces' collusion at the time. While that has since been proven, the substantial facts surrounding the case have never been independently, objectively evaluated, which is wrong. The British Government has an opportunity to accept the recommendation made by the Stormont Executive in December 2014. If it did that, it would allow for the roadmap of justice and peace to prevail and would ensure that the United Nations position on seeking human rights is upheld. The United Nations has ruled against the British Conservative Government on this particular issue because it continues to block the independent evaluation on the grounds that it presents a risk to national security. There are ways to mitigate any such risks.I encourage the members of the Government, particularly the Minister for Foreign Affairs and Trade and also the Taoiseach, to engage with their British counterparts in order to raise these issues and put them firmly on the agenda. I have no doubt that in the context of the undercurrent of what is happening in the North regarding the elections, this played a significant role in the fall of the Stormont Executive. There is an undercurrent right across the North - these families have all been affected - and it is blocking the peaceful road to progress that we all want to seen taken. I do not know what will be the response from the Department of Foreign Affairs. I hope it will be a proactive one and one of engagement. Ultimately, however, it is a matter for the British Government to deal with this particular issue and try to bring some form of solace, peace, justice and equality to the families who have lost loved ones. This is not exclusively an issue for one side or the other, it affects both sides of the political divide in the North. We are not just talking about the deaths of nationalists, there were killings involving people on both sides. This matter affects all the families involved.

Seán Kyne (Galway West, Fine Gael)
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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.

Denis O'Donovan (Fianna Fail)
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An bhfuil an Seanadóir sásta?

Brian Ó Domhnaill (Fianna Fail)
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Tá mé sásta leis an fhírinne a rá. I could not disagree with a single word that the Minister of State has spoken. I agree wholeheartedly. It is heartening to see that the Department of Foreign Affairs and Trade is acknowledging that this needs to move forward. We will continue with it and, if there is to be an Executive up and running after Thursday's elections, it will be necessary to deal with this issue in some form. The word "compromise" in the Minister of State's script is apt. The British Government will have to compromise on this particular issue to meet the requirements of the United Nations report and to meet the agenda of establishing democratic institutions in the North after Thursday. I hope that the Irish Government can play a central role in that. I encourage the Minister of State, Deputy Kyne, to raise the issue with the Minister, Deputy Flanagan, if he can. It is pivotal, going into negotiations after Thursday, that this issue be resolved or compromise achieved at some level.

Seán Kyne (Galway West, Fine Gael)
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I will certainly raise this with the Minister, Deputy Flanagan. The Government's view is that the comprehensive provisions of the Stormont House Agreement for dealing with the legacy of the past offer the best prospect of bringing whatever healing is possible to those affected by the Troubles. Achieving the establishment of the legacy bodies in a properly resourced system to deal with the legacy inquests will require further intensive political discussions, commitment and a spirit of compromise. The victims and survivors should not be let down again. The Government will not be found wanting in this. We will be able to redouble the efforts on all sides, including the British Government and political leaders from Northern Ireland, after the elections on Thursday, to find a resolution to this. I will certainly raise with the Minister, Deputy Flanagan.

Denis O'Donovan (Fianna Fail)
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I thank the Minister of State and Senator.