Seanad debates

Tuesday, 1 February 2022

Nithe i dtosach suíonna - Commencement Matters

Northern Ireland

2:30 pm

Photo of Niall Ó DonnghaileNiall Ó Donnghaile (Sinn Fein)
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Cuirim fáilte roimh an Aire Stáit. The nationalist people of the North in particular look to the Taoiseach, the Irish Government, this Chamber and the Dáil to protect and defend their national, human and civil rights, and none more so than the thousands of people whose rights, including the right to life, have been trampled over by successive British Governments.None more so than the thousands of people whose rights, including the right to life, have been trampled over by successive British Governments. Hundreds of nationalists and Catholics were killed as a result of collusion by the British Government's armed forces and loyalist paramilitary groups. Thousands of confidential files were handed over to loyalists by various intelligence agencies, all of the British Government. Directly and through loyalist proxies, the British Government could be responsible for approximately one third of all deaths in the conflict.

The Operation Greenwich report deals with the British Government's armed forces colluding with loyalists to kill 19 people, including Councillor Eddie Fullerton, a Sinn Féin councillor in Donegal, and Councillor Bernard O'Hagan, a Sinn Féin councillor in south Derry. This report follows other official reports into collusion, including: the Oireachtas report into the Dublin and Monaghan bombings, which was described as state-sponsored terrorism; Stalker and Sampson investigations; the three inquiries carried out by Lord Stevens, the former commissioner of the London Metropolitan Police Service; Justice Cory's report; and the de Silva report.

Former British Prime Minister, David Cameron, apologised to the family of the murdered human rights lawyer, Pat Finucane, for collusion in his murder. The Minister of State, Deputy Byrne, will know that this House recently unanimously passed a motion calling for a full public inquiry into the murder of Pat Finucane. Relatives organisations, such as Relatives for Justice and the Pat Finucane Centre, published reports on the collusion, including Collusion 1990-1994: Loyalist Paramilitary Murders in Northern Ireland and the book Lethal Allies: British Collusion in Ireland by Anne Cadwallader.

All of these reports demonstrate clearly that there is an irrefutable paper trail of collusion leading to the front door of 10 Downing Street. What is the British Government's response to this overwhelming evidence? A proposed amnesty - a pardon, if you will - for all those involved in collusion. The Irish Government must ensure that this does not happen by supporting actions by relatives of those killed through collusion, by supporting the Stormont House Agreement and by lobbying governments and human rights organisations across the world. The British Government should abandon its amnesty plan, stop running away from the truth and implement the all-party agreed Stormont House legacy agreement, which is an independent process, is human rights compliant and can deliver what the families seek. That is the truth.

I would like to finish on this before the Minister of State, Deputy Byrne, addresses the House. Next week marks the 30th anniversary of the awful massacre at the Sean Graham bookmakers' shop on the Ormeau Road. I raised that incident in this House last year. Families will gather, as they always do, to recite a rosary and lay flowers at the bookmakers' shop. Those families are expecting a further report from the police ombudsman which I have no doubt in its breadth and depth will go even further in highlighting the stark level of murderous collusion that existed between loyalist paramilitary gunmen and the British Government.

It is important that the community in the North hear responses from the Irish Government. As I said in my opening remarks, it is crucial that the Irish Government's voice on this issue continues to be heard on the international stage. I note and commend the work of the Minister of State, Deputy Byrne, on this up until now. This is where we are at. It seems now one cannot go a week without another ombudsman's report or another case in the Belfast High Court, where families are, unfortunately, being forced to take the British Government to court because of the lack of truth and justice. This is having a traumatic impact. People are looking to the Irish Government to lead and to take actions. I look forward to hearing the Minister outlining what actions he proposes to take regarding the Operation Greenwich report.

Photo of Thomas ByrneThomas Byrne (Meath East, Fianna Fail)
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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.

Photo of Niall Ó DonnghaileNiall Ó Donnghaile (Sinn Fein)
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Gabhaim buíochas leis an Aire Stáit as an bhfreagra cuimsitheach a thug sé dúinn. Admhaíonn sé go bhfuil an Rialtas chun staidéir a dhéanamh ar an ábhar seo agus tuigim go mbeidh an staidéir sin de dhíth. I appreciate the comprehensive response of the Minister of State. While I appreciate his Department may need the time to absorb the full ramifications of this report, it is something that needs to be addressed because there is no hierarchy of victims, nor should there be. All of these killings, as he said, impact deeply on the victims' families and indeed the survivors who were attacked or whose information was passed on for them to be attacked. This has a slightly different edge in the sense that in this report we are dealing with British intelligence agencies handing over intelligence relating to an elected representative in this jurisdiction who was subsequently murdered by a UDA gang which crossed the Border and came into this jurisdiction to murder him.

I appreciate the Minister of State has laid out his response at this stage. I look forward to engaging with him as the Department studies this report and in regard to laying out what specific actions it plans to take. That is what the families expect and want to hear.

Photo of Thomas ByrneThomas Byrne (Meath East, Fianna Fail)
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I thank Senator Ó Donnghaile for his remarks, which are well noted. The position of the Government is clear and consistent. No matter where you are from, whether the shot was fired by a state actor or a non-state actor, everyone deserves access to justice. Every family deserves the truth on what happened to their loved one. The truth cannot be hidden away or written off as something that happened too long ago.

The Minister, Deputy Coveney, has underlined in his regular contacts with the Secretary of State for Northern Ireland, Brandon Lewis, that we must make progress on this issue and the approach must collectively be agreed between the two Governments and the political parties, and the Taoiseach has conveyed this message directly to Prime Minister Johnson. Indeed, in my bilateral engagements this week, I will also be making that point. I assure the Cathaoirleach and Seanadóirí anseo inniu that the Government will continue to engage with the British Government on this and to pursue all possible avenues until a resolution is found.

As the Senator has rightly said, there is no hierarchy of victims. Specifically in the case of Councillor Fullerton who was murdered in this jurisdiction, it is a matter of regret that no person has been convicted of this brutal murder. We have no Statute of Limitations in respect of crimes of that nature and the Garda investigation remains open and active. Any new information from any quarter will be pursued fully by An Garda Síochána. Any other crimes of that nature in this jurisdiction are not and never will be subject to the Statute of Limitations.

Sitting suspended at 3.20 p.m. and resumed at 3.30 p.m.