Brendan Smith (Cavan-Monaghan, Fianna Fail)
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128. To ask the Minister for Foreign Affairs and Trade if in communications with the with the Secretary of State for Northern Ireland he has raised the need for the British government and Northern Ireland authorities to fully co-operate in all investigations into atrocities such as the Belturbet bombing of December 1972 and the Dublin Monaghan bombings of May 1974; and if he will make a statement on the matter. [62824/22]

Simon Coveney (Cork South Central, Fine Gael)
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The Government has consistently raised the issues in the All Party Motion on the 1974 Dublin-Monaghan bombings at political and official level with the British government, including at the recent British Irish Intergovernmental Conference on 7 October in London. We have repeatedly called on the British government to allow access by an independent, international judicial figure to all original documents relating to the bombings.

We have made clear to our counterparts that the absence of a response from the British Government is of deep concern to the Government, and that there remains an urgent need for a response. The Government will continue to engage with the British Government on this request, to pursue all possible avenues to achieve progress on this issue until a resolution is found.

The Government is also committed to supporting the work of Kenova, which is a series of ongoing independent UK police investigations or reviews into Northern Ireland legacy cases. Operation Denton is an ongoing independent analytical review by Kenova into the activities of what was known as the Glenanne Gang in Northern Ireland and includes the Dublin Monaghan Bombings.

As Operation Denton is an analytical review being carried out in another jurisdiction rather than a formal criminal investigation, in order to achieve the strong desire of An Garda Síochána and the Government to co-operate with Operation Denton to the maximum extent possible, it was necessary to create a dedicated cooperation mechanism. In June the Minister for Justice signed a directive under section 25(1) of the Garda Síochána Act and in July the Minister signed a regulation under the Data Protection Acts to facilitate the transfer of information to Operation Denton. On foot of this information has been provided to the Kenova Team.

The commitment of An Garda Síochána to legacy cases was demonstrated recently where, following a review of the Belturbet Bombing (1972) investigation, An Garda Síochána has identified a number of lines of inquiry. A Senior Investigating Officer has been appointed to lead the investigation and an incident room has been established at Ballyconnell Garda Station. An Garda Síochána issued an appeal on 18 October for anyone with information in relation to the Bombing to make contact.

The Government will maintain a close and cooperative relationship with Justice for the Forgotten, as we continue work to seek the full facts of the appalling events of 25 May 1974 and of other attacks in this jurisdiction during the Troubles.

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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129. To ask the Minister for Foreign Affairs and Trade the outcome of his most recent discussions with the Secretary of State for Northern Ireland in relation to the present and unacceptable British government proposals to deal with legacy issues; and if he will make a statement on the matter. [62825/22]

Simon Coveney (Cork South Central, Fine Gael)
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I most recently met with the Secretary of State for Northern Ireland on 7 December 2022 and expressed again the Government’s clear and consistent view that the Northern Ireland Troubles (Legacy and Reconciliation) Bill as drafted is not fit for purpose. If the proposed Bill enters into force, the legislation would have far reaching, 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 damage trust in the justice system in Northern Ireland.

I raised with the Secretary of State 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.

Earlier that day in Belfast, I had listened to representatives of a number of victims’ groups, including people who had lost family members to violence, who reiterated their opposition to the proposed UK legislation.

To both the Secretary of State and to the victims’ groups, I outlined that 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.

Furthermore, 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 is welcome, I have been very clear in my contacts with the UK Ministers, including with the Secretary of State, 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 signalled 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.