Pauline Tully (Cavan-Monaghan, Sinn Fein)
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325. To ask the Minister for Foreign Affairs and Trade his views on the recent changes introduced to the Northern Ireland Troubles Bill by the British government during its second reading in the House of Lords; if the British government advised the Irish Government of these changes before second reading; if he shares the assessment that the Bill still fails to discharge the British Governments human rights obligations; and the way that the limit of the UK government’s changes inform the plans of the Irish Government in relation to taking an inter-state challenge. [60159/22]

Simon Coveney (Cork South Central, Fine Gael)
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The Government’s approach to legacy and reconciliation in Northern Ireland has always been that it should be victim-centred, with the starting point the approach agreed by both Governments and the Executive parties in the Stormont House Agreement, further endorsed in the Fresh Start and New Decade, New Approach Agreements.

The Northern Ireland Troubles (Legacy and Reconciliation) Bill as drafted is not fit for purpose, and does not comprehend the approach agreed in Stormont House. If the proposed Bill enters into force, the legislation would have far reaching and negative impacts for victims, their families and communities in Northern Ireland and beyond. Enactment would, in my view, severely damage the process of reconciliation and, also, trust in the rule of law and the justice system in Northern Ireland. This explains the near universal opposition to this Bill in Northern Ireland, including from the five main political parties, those representing victims and their families, civil society groups, and faith leaders. During my visit to Belfast on 7 December, I listened as representatives of a number of victims’ groups, including people who had lost family members to violence, reiterated their opposition to the proposed UK legislation.

The incorporation into Northern Ireland of the European Convention on Human Rights (ECHR) was a key element of the Good Friday Agreement, helping creating confidence and trust in the rule of law and systems of justice. This Bill seeks to introduce an amnesty for crimes amounting to gross human rights violations, which would appear to be contrary to the Convention. All victims deserve, and are entitled to, ECHR Article 2 compliant investigations. It is my firm view that these paths must remain open to victims, survivors and their families.

The UK Government has recently expressed an intention to introduce amendments to the Bill. While this openness is welcome, I have been very clear in my contacts with the UK Ministers, including in my most recent meeting with the Secretary of State for Northern Ireland on 7 December, that any amendments would need to be radical, fundamentally changing the substance of this Bill if core concerns around immunity, compliance with human rights obligations, and victims’ participation are to be met. It must be compliant with our shared obligations under the ECHR.

Although neither I nor my officials have yet seen the text of the signaled amendments, from what NIO Minister Lord Caine has said in the House of Lords they do not seem to go far enough to address my concerns. That said, I remain open to engagement and considering options but will be guided by fundamental human rights principles and the needs of victims and their families.

I will continue to use all avenues to effect change to this legislation. In addition to raising our profound concerns about this Bill directly with British Government, at official and political level, I have ensured that these concerns have also been articulated in relevant multilateral fora, including at the Universal Periodic Review of the UK by the UN Human Rights Council, and most recently at the Council of Europe.

The Government’s current assessment is that initiating an inter-state case at the European Court of Human Rights in relation to the Bill would be premature. The Government, however, continues to keep this matter under active review. In my recent meeting with the Secretary of State, I did draw his attention to the increasing calls for Ireland to take such an inter-state case.