Simon Coveney (Cork South Central, Fine Gael)
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Dealing with long-outstanding issues relating to the legacy of the conflict in Northern Ireland are of the utmost importance to the Government. The Programme for a Partnership Government makes specific reference to the Government’s commitment to the establishment of the legacy framework provided for under the Stormont House Agreement, with the needs of victims and survivors at the core of the approach. These legacy institutions include the Historical Investigations Unit (HIU), an independent body with police powers that will conduct investigations into outstanding criminal cases from the Troubles. One of the issues that has delayed agreement on the establishment of the HIU has been the question of balancing the right of families to access information with the national security onward disclosure considerations sought by the British Government.In the most recent discussions at Stormont Castle, the Government has underlined to the British Government and all political parties, the urgent need for compromise so that there can be a collective move forward to establish an Article 2-compliant HIU and the other legacy bodies of the Stormont House Agreement.

In the absence of definitive progress with the Stormont House framework, victims and survivors of the Troubles across all communities in Northern Ireland continue to seek effective investigations – often after decades. The Government shares the deep disappointment and frustration of victims and survivors at this unacceptable and continuing wait for access to truth and justice.

At present, many families of victims have no other avenue but to seek relief from the courts, across the range of issues relevant to the conduct of an effective investigation, including disclosure of information. Victims’ families have to seek the vindication of their basic Article 2 right to an effective investigation under the European Convention on Human Rights, through arduous and unsuitable court processes. The Minister for Foreign Affairs and Trade and his Department monitor the outcome of relevant cases in the Northern Ireland courts, and raise concerns with the British Government where necessary. I would note that judgments have been given on aspects of some current cases, but these remain substantively before the courts for further determination and the Government therefore does not propose to comment specifically on the details of cases.

In overall terms, the Government shares the concerns expressed by senior members of the Northern Ireland judiciary regarding the unsuitability of the current system for dealing with long-outstanding cases from the Troubles and at the hurdles that are experienced in seeking disclosure from relevant authorities.

On 5 September, in his speech at the opening of the new legal year, the Lord Chief Justice of Northern reiterated his disappointment at the lack of progress on dealing with legacy issues and his frustration that he has not yet received a response to his proposals for dealing with the backlog of legacy inquests.

The Government supports the proposals of the Lord Chief Justice. The Minister for Foreign Affairs and Trade has emphasised in discussions with the Secretary of State for Northern Ireland and the political parties, the need to ensure that legacy inquests are properly resourced. The Government has urged all with responsibilities in relation to the legacy inquests to move forward as quickly as possible to implement the proposals of the Lord Chief Justice.

At the Council of Europe in Strasbourg, the Government participates proactively in monitoring the implementation by the UK of judgments by the European Court of Human Rights which relate to the effective investigation of cases from the Troubles. Ireland made a national statement yesterday at the Council of Europe Committee of Ministers during a debate on the McKerr groupof cases, which set out the Government’s view on the need to urgently progress with the establishment of the Stormont House Agreement legacy framework and the adequate resourcing of legacy inquests in Northern Ireland, consistent with the UK’s obligations under the European Convention of Human Rights. In this context, the Committee’s attention was drawn to recent judicial statements in Northern Ireland.

The Government will continue to engage with the British Government and the political parties to seek an urgent move forward on legacy issues, to establish the Stormont House legacy framework in a manner that will provide for Article 2 compliant investigations of all outstanding cases regardless of the perpetrator, meet the other legitimate needs and expectations of victims and survivors, and contribute to broader societal reconciliation and normalisation as an integral part of the Peace Process.