Written answers

Tuesday, 17 January 2017

Department of Foreign Affairs and Trade

Northern Ireland

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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687. To ask the Minister for Foreign Affairs and Trade if he has read the report by a person (details supplied) into the British Government’s handling of legacy issues from the conflict in Northern Ireland; his views on whether the report is a damning indictment of the British Government’s approach to dealing with the past; and if he will make a statement on the matter. [41240/16]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I have received the report to which the Deputy refers, which was presented by the UN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, Pablo de Greiff, to the UN Human Rights Council in September 2016 and published in November. The report was prepared following the UN Special Rapporteur’s visits to Northern Ireland in November 2015 and May 2016. I met with Special Rapporteur de Greiff in the course of his visit in May, to discuss the Government’s role and approach in working to deliver a comprehensive legacy framework for Northern Ireland, focused on the needs of victims and survivors. My officials have considered Mr. de Greiff’s report in detail and remain in contact with him. The Special Rapporteur’s comprehensive report is a welcome contribution to the discussion on dealing with the difficult legacy of the past in Northern Ireland. The report provides the Special Rapporteur’s valued and expert international perspective on how that legacy can be effectively addressed.

The report notes important achievements made so far in Northern Ireland in moving beyond the legacy of the Troubles, particularly on non-recurrence of violence and police reform. The report also analyses the truth-seeking initiatives and work on the criminal justice system that has been undertaken, and makes a number of recommendations on ways to address remaining challenges.

The Special Rapporteur emphasises the importance of a mechanism to capture the structural nature of the violations that took place during the Troubles. This function will be provided by the Implementation and Reconciliation Group, as an integral part of the legacy framework provided for under the Stormont House Agreement of 2014.

The Special Rapporteur is also supportive of the proposals for dealing with legacy inquests that were made by the Lord Chief Justice of Northern Ireland in early 2016. I have and will continue to engage with the British Government and the parties in Northern Ireland, as appropriate, to support the implementation of the Lord Chief Justice’s proposals on legacy inquests.

The UN Special Rapporteur rightly emphasises that dealing with the legacy of the past in Northern Ireland is vital to achieving genuine reconciliation. The Government believes that the most effective way to do this is through the comprehensive framework of legacy institutions provided for in the Stormont House Agreement and this is reflected in the Programme for a Partnership Government.

As Mr. de Grieff states in his report, the achievements made in Northern Ireland deserve to be acknowledged, but much work remains still to be done. I will continue to engage closely with political leaders in Northern Ireland and the British Government, to seek a way forward on the outstanding issues relating to the legacy of the past. It is essential that these are addressed in order to bring a measure of healing to the individuals affected and to society as a whole.

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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688. To ask the Minister for Foreign Affairs and Trade if he will a report on the 7 December 2016 Council of Europe meeting in Strasbourg, when a number of legacy cases, including the case of a person (details supplied) were discussed; if his Department made a statement to the discussion; and if it included continued support to the Independent Commission on Information Retrieval and the legacy bodies established under the Stormont House Agreement. [41241/16]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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At its meeting in Strasbourg on 7 December, the Council of Europe Committee of Ministers discussed the implementation of the judgments in the McKerr and Others group of cases which includes the case of the late Pat Finucane, to which the Deputy specifically refers. Ireland’s statement to the Committee expressed the Government’s disappointment that the legacy institutions provided for in the Stormont House Agreement have not yet been established and its determination to continue to work to achieve this as soon as possible. Our statement also proposed that the Committee of Ministers should strongly encourage the UK to do all it can to make progress in these matters, in recognition of its obligations under the Convention and the judgments of the European Court of Human Rights in the McKerr group of cases.The Committee of Ministers’ review of the implementation of judgments of the European Court of Human Rights in the McKerr group of cases relates to the need for effective investigations compliant with Article 2 of the Convention. The Committee therefore did not directly consider the Independent Commission on Information Retrieval (ICIR). The ICIR is one of the bodies provided for under the Stormont House Agreement and Ireland’s statement made clear the Government’s support for this comprehensive legacy framework; this framework included a Historical Investigations Unit (HIU) which will deal specifically with the investigation of Troubles related deaths.

In relation to the case of the late Pat Finucane, the Government underlined its long standing position that a satisfactory outcome will be best achieved through a full public inquiry, and called on the British Government to fulfil the commitment made in this regard at Weston Park in 2001. The Committee of Ministers maintained their decision that it would reconsider the re-opening of measures on the Finucane case when the ongoing domestic proceedings have concluded.

The full text of Ireland’s statement to the Committee of Ministers is available on my Department’s website at:

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