Written answers

Tuesday, 24 November 2015

Department of Foreign Affairs and Trade

Northern Ireland Issues

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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444. To ask the Minister for Foreign Affairs and Trade if he will support the concerns victim groups have regarding the draft legislation presented by the British Government to the Stormont House implementation talks regarding their measures to deal with the past; and if he will make a statement on the matter. [41386/15]

Photo of Brendan SmithBrendan Smith (Cavan-Monaghan, Fianna Fail)
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452. To ask the Minister for Foreign Affairs and Trade if he is aware of the concerns expressed by the Wave Trauma Centre in relation to the lack of a comprehensive plan to deal with the legacy of the past in the recent agreement entitled A Fresh Start - The Stormont Agreement and Implementation Plan; and if he will make a statement on the matter. [41840/15]

Photo of Brendan SmithBrendan Smith (Cavan-Monaghan, Fianna Fail)
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453. To ask the Minister for Foreign Affairs and Trade if he is aware of the disappointment expressed by the Commissioner for Victims and Survivors, Ms Judith Thompson, in relation to the lack of a comprehensive plan to deal with the legacy of the past in the recent agreement entitled A Fresh Start - The Stormont Agreement and Implementation Plan; and if he will make a statement on the matter. [41841/15]

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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I propose to take Questions Nos. 444, 452 and 453 together.

I am very much aware of, and would share, the disappointment expressed by a number of Victims’ Groups and NGOs regarding the fact that the Fresh Start Agreement does not comprehensively address the implementation of the provisions of the Stormont House Agreement dealing with the legacy of the past.

I want to underline that all parties and both Governments engaged in great detail on legacy issues during the talks and significant progress was made across a range of issues. Regrettably, it was not possible to find an overall agreement, with a particular difficulty around finding the appropriate balance between the onward disclosure needs of families and arrangements necessary to protect national security. In the final hours of the talks it became clear that the choice was between removing the legacy elements from the agreement or having no agreement and thus seeing a grave risk to the future of power-sharing institutions. I argued strongly for at least those elements on which agreement had been reached remaining in the text. To my disappointment this did not prove possible.

It is important to stress that good progress was made on agreeing many of the details necessary for the establishment of the new institutional framework for dealing with the legacy of the past. Based on the talks we have had over ten weeks, I believe that agreement is very close on many of the details necessary for the establishment of these new institutions, including on; ensuring the operational independence of the Historical Investigations Unit (HIU); guaranteeing the anonymity and inadmissibility of information provided to the Independent Commission for Information Retrieval (ICIR) while making clear that there would be no amnesty for any criminal offences; placing the Implementation and Reconciliation Group (IRG) on a statutory footing and settling on the purpose and functions of the IRG; and on the detail and operation of the Oral History Archive (OHA).

Building on this substantial progress made in the talks, the two Governments will reflect further on the remaining open issues and on how they will be advanced. This will involve engaging with the other parties to find an agreed basis for the establishment of the institutions dealing with the past.

As part of this process I will meet the NI Victims Commissioner this week and my officials are undertaking a round of consultations with victims groups in order to ensure that they are at the heart of how we take this forward. I know that victims and their families feel let down and I am determined that this Government will not be found wanting in playing its part to put things back on track.

The Irish Government is committed to fulfilling its specific commitments on establishing the institutions dealing with the past and the necessary enabling legislation will be introduced in the Oireachtas at the appropriate time. The international agreement necessary for the establishment of the ICIR has also been agreed between the British and Irish Governments.

I remain convinced that the new legacy institutions as envisaged in the Stormont House Agreement are the best way of providing whatever healing is possible to the victims and survivors of the Troubles and their families, including those affected by collusion.

The establishment of these institutions in accordance with the Stormont House Agreement remains a priority for the Government. The needs of victims and survivors will remain central to our work. We are determined to achieve the establishment of these institutions so that we can in a fundamental way deal with the past, foster reconciliation and build a society for future generations that is free from hurt and suspicion.

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