Clare Daly (Dublin North, United Left)
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487. To ask the Minister for Foreign Affairs and Trade the discussions he has had regarding the manner in which proposals to deal with the past as part of the Stormont House Agreement are being discussed, in relation particularly to the concerns highlighted by a number of non-governmental organisations and related victims, whereby the lack of consultation regarding the process, and serious concerns in terms of whether the investigation unit will be sufficiently independent to deal with issues of State collusion have been raised; the steps he has taken to address this matter; and if he will make a statement on the matter. [32762/15]

Charles Flanagan (Laois-Offaly, Fine Gael)
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Agreement of the Stormont House Agreement on 23 December 2014 marked a watershed moment for dealing with the legacy of the past. The new institutions as agreed by the Stormont House Agreement provide for different ways of dealing with the past. The new Historical Investigations Unit provides for police investigation and, where there is an evidential basis, the prospect of justice. The Stormont House Agreement makes clear that this will be an independent body. The Independent Commission for Information Retrieval, to be established by the two Governments, is intended to allow individuals to seek information about troubles related deaths where there is no realistic prospect of prosecution; information provided to the Commission for this purpose would not be admissible in court.

In addition, an Oral History Archive will be established. These bodies will be overseen by an Implementation and Reconciliation Group, with a mandate to promote reconciliation, a better understanding of the past and to reduce sectarianism.

I believe that taken together these four mechanisms provide an opportunity to deal with the legacy of the Troubles in a way which upholds the rule of law and facilitates justice, acknowledges and addresses the needs of victims and survivors, is human rights compliant, and above all promotes reconciliation.

It is now crucial that the work started by the Stormont House Agreement on establishing these institutions is completed and this is one of the central objectives of the current round table talks involving the five main Northern Ireland parties and the British and Irish Governments.

For these institutions to function effectively, it is vitally important that they have public trust and confidence. This is why I have placed the principle of independence at the centre of the Government’s approach to the establishment of the institutions. I agree that public consultation on the establishment of the institutions is also important in this regard.

The majority of the commitments in the Stormont House Agreement, including those related to the past, pertain to matters within the legislative competence of the Northern Ireland Assembly, and are the responsibility of the Northern Ireland Executive. However, in order to expedite the establishment of the legacy institutions, the British Government has agreed to bring forward the required legislation in Westminster. It is therefore the responsibility of the British Government and the Northern Ireland Executive to consider the question of a public consultation within its jurisdiction.

In regard to legislating within this jurisdiction to fulfil the commitments of the Irish Government under the Stormont House Agreement, the normal parliamentary process and scrutiny will of course apply. I and my colleagues in Government have a very open dialogue with families and victims and survivors groups. Issues relating to the new legacy institutions have been discussed with them on a number of occasions and this has helped guide the Government’s approach. We will of course continue this active engagement in the context of bringing forward the required domestic legislation to establish and cooperate with the new legacy institutions.