Niall Blaney (Fianna Fail)
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I thank the Minister of State for coming to the House this morning. I propose to speak to the UK Government's Northern Ireland Troubles (Legacy and Reconciliation) Act 2023. Over the past year, I have met with Lord Caine, who seemed to take the lead on this on behalf of the UK Government, on three separate occasions. I will say at the outset how disappointed I am in him from what he told us from day one about how he was going to take on the concerns of individuals, families, and ourselves. The sad reality is that on the two occasions I followed up with colleagues from both Houses on other meetings, nothing had changed. Legislation like this should have victims front and centre and what has happened here is completely the opposite. It is a reckless piece of legislation by the British Government. It reminds us of the Thatcherite politics of the past. This legislation is retraumatising victims. It is wrong that victims have to go to take cases themselves and this is where Government needs to step in. Senator McGreehan is not here at the moment but she was also very anxious that I put this Commencement Matter forward today.

This Act also completely undermines the spirit of the Good Friday Agreement. The fact that one of the guarantors is acting unilaterally in the manner in which they have, breaks many human rights laws. There are many victim groups in Northern Ireland. Gráinne Taggart from Amnesty International has been on the phone to me a lot. There is the WAVE Trauma Centre and other organisations. Representatives of these organisations are all hoping and praying the Irish Government will step up to look after their interests. It is imperative we do not spend too much time doing the paperwork and ensuring our i's are dotted and our t's are crossed. It is imperative that we move in time. We cannot take too long to decide if we are going to take a case to the European Court of Human Rights. It is only right that we do. It is well known and well documented that this legislation breaks many human rights' codes. It is not good enough that victims are left having to take cases with no other avenue to deal with this. I look forward to the Minister's reply.

Seán Fleming (Laois-Offaly, Fianna Fail)
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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.

Victor Boyhan (Independent)
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I thank the Minister of State. Senator Blaney has one minute to reply.

Niall Blaney (Fianna Fail)
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I thank the Minister of State for his response. Victims will not take a lot from it but what can be taken from it is the statement that the Act undermines the fundamental rights of the people in Northern Ireland and, in so doing, damages the process of reconciliation we have worked so hard to progress. That is absolutely right.

The Minister of State is correct that the European Convention on Human Rights is at the heart of the Good Friday Agreement. I reiterate that I would like to see the Government set a timeline for a response. I do not want any waiting around. I will keep raising this issue at every opportunity. Will the Minister of State take back to the Taoiseach and the Tánaiste the message that time is of the essence? We want to see our next move sooner rather than later, and that move should be to take a case to the European Court of Human Rights.

Seán Fleming (Laois-Offaly, Fianna Fail)
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Since the publication of the Bill, the Government has raised this issue at every possible forum, including the United Nations and Council of Europe, and at political and official level. The Act will damage reconciliation. It represents a unilateral and unnecessary departure by the UK Government from the agreed process for dealing with legacy issues in the Stormont House Agreement.

The initiation of an interstate case against the United Kingdom before the European Court of Human Rights in relation to the UK's legacy Act would be a very significant step and not one that would be taken lightly. However, the Government has sought legal advice on this matter. While I do not have an exact date, that advice will be received in the near future. When it is received the Government will consider what subsequent action should be taken at that stage. It is a matter of deep regret that this is the space in which we find ourselves.

Victor Boyhan (Independent)
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I thank the Minister of State. I also thank Senator Blaney for raising this very important issue. We have dealt with the five Commencement matters selected by An Cathaoirleach.