Micheál Martin (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 77, 124 and 131 together.

Since taking up my role as Tánaiste and Minister for Foreign Affairs, I have engaged on legacy issues, in particular our opposition to the Legacy Bill, as a matter of priority. Prior to this, as Taoiseach, I raised this issue with Prime Minister Sunak.

I have engaged formally with the Secretary of State for Northern Ireland three times since appointment and raised this issue on each occasion, most recently at the British Irish Intergovernmental Conference on 19 January. Last week, the Taoiseach raised the issue again with Prime Minister Sunak.

During the British Irish Intergovernmental Conference, I made clear our view that this Bill, if implemented, would not be compliant with the European Convention on Human Rights and would damage reconciliation efforts in Northern Ireland. The Bill as it stands is not fit for purpose, is not supported by political parties or civil society in Northern Ireland and represents a unilateral move away for the Stormont House Agreement. I also raised a number of individual legacy cases, including the Dublin Monaghan Bombings and the case of Pat Finucane.

In our discussions, the Secretary of State has highlighted the British Government's proposed amendments to the Legacy Bill, which have been tabled in the House of Lords. I have been very clear and frank that the proposed amendments do not alter our view of the Bill. We do not see how these amendments will address our fundamental concerns or those raised by victims, their representatives, or international human rights organisations.  

The Irish government has repeatedly stated in previous meetings with our British counterparts that any amendments to the Bill would need to be radical and fundamentally change the substance of this Bill for it to meet our concerns around immunity, compliance with human rights obligations, and victims’ participation.  The amendments published by the House of Lords last week simply do not do so. They address a limited range of issues and where they implicitly respond to criticism of the Bill, they do so insufficiently. In particular, the Bill provides for the granting of immunity from prosecution for gross violations of human rights on the basis of participation in the review process. There is no proposed change to this immunity scheme.

There has been increased criticism of the Bill and growing calls for it to be paused, domestically, from the UK’s own Parliamentary Human Rights Committee and, internationally, from the UN High Commissioner for Human Rights, the Council of Europe Commissioner for Human Rights and members of the US House of Representatives. The British and Irish Governments have engaged on the Bill at the Council of Europe Committee of Ministers' meetings in Strasbourg. Since the Bill's publication, that Committee has produced three decisions, most recently in December 2022, which echo our serious concerns.

I am aware of increasing calls for Ireland to consider the initiation of an inter-state case at the European Court of Human Rights in relation to the Bill. The Government’s current assessment is that such a step would be premature. The Government, however, continues to keep this matter under review. I have also made the Secretary of State aware of this growing pressure for an interstate case.

Throughout my previous roles and now as Tánaiste and Minister for Foreign Affairs, I have valued the opportunity to meet with numerous victims' groups, families and survivors of Troubles-related attacks, North and South on the island of Ireland, to hear their views, experiences and concerns. We cannot hope to make progress on this difficult issue without the involvement of victims. As part of this continued outreach, I visited the WAVE Trauma Centre in Armagh. I met with their staff and a group of victims’ families and survivors.

During this meeting I heard directly of their personal experiences and ongoing challenges in seeking truth and justice. I heard from families of the disappeared and discussed victims’ services. The group also highlighted the ongoing impact lack of progress on legacy issues is having on reconciliation efforts, placing a barrier on families and communities' ability to move forward.

The group highlighted their serious concerns about the impact of the proposed UK Legacy Bill.

The meeting underscored to me the lasting damage the enactment of this Bill could do and the urgent need for a new collective path, human rights compliant and victims focussed, to be found. The Government continues to use all avenues to urge the British Government to pause this legislation to allow space for a collective path forward on this important issue to be found, such as we had with the Stormont House Agreement. 

In concert with these efforts, I will maintain my ongoing engagement with victims' groups from all communities, regardless of the perpetrators, to take account of their views and maintain their needs at the core of our approach. 

 

Micheál Martin (Cork South Central, Fianna Fail)
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I propose to take Questions Nos. 78, 80, 90 and 106 together.

The full implementation and effective operation of all of the institutions of the Good Friday Agreement, including the devolved power-sharing institutions provided for under Strand One and the restoration of the North South Ministerial Council, is of upmost importance to the Government.

The refusal by one party to nominate a Speaker and to allow the formation of an Executive is a denial of the mandates given to other parties in last May's Assembly elections, as well as impeding the provision of much needed services to the people of Northern Ireland.

In my contacts with the Northern Irish political parties and with the Secretary of State for Northern Ireland, Chris Heaton-Harris, I have highlighted the importance for the people of Northern Ireland of a functioning Executive and Assembly.

I have spoken with and met with the Secretary of State on a number of occasions in recent weeks, by telephone on 20 December 2022 and in person on 12 January 2023 and again at the meeting of the British Irish Intergovernmental Conference on 19 January.  Each time we discussed the importance that both governments attach to the full functioning of the institutions provided for under the Good Friday Agreement.  We will remain in close contact.

In all of my meetings with the Secretary of State I have also raised the Irish Government’s deep and fundamental concern with the British Government’s Legacy Bill. The Bill, if implemented, would not be compliant with the European Convention on Human Rights and would damage reconciliation efforts in Northern Ireland. I have made clear to the Secretary of State that this Bill is a unilateral move away from the Stormont House Bill that is not supported by political parties, civil society, or victims and their representatives in Northern Ireland. It is also contrary to the United Kingdom’s international human rights obligations.

I am in regular contact with the Northern Irish political parties with a view to working towards the restoration of the Assembly and of the Executive. I spoke with most party leaders by telephone on 9 January 2023. In all of my calls with the party leaders, I reiterated the importance that this Government places on the restoration of a functioning Executive. I plan to meet with party leaders in Belfast later this week.  

I am conscious that without an Executive the North-South Ministerial Council cannot meet. While much of the current focus is on the Strand One institutions, there is no hierarchy of institutions across the three Strands of the Good Friday Agreement.  To underline the importance I attach to Strand Two, I visited the North South Ministerial Council Secretariat in Armagh earlier this month as part of my first visit north in this role.

I am deeply concerned that the NSMC has been disrupted in recent years and has not met in Plenary Format since July 2021. No positive agenda is served by this disruption.  In the absence of regular NSMC meetings, the two Administrations on the island are not having the important conversations that we should be having to address shared challenges and opportunities.

With regard to the Protocol on Ireland/Northern Ireland, I welcome the continued positive engagement between Commission Vice-President Šefčovič and British Foreign Secretary Cleverly. It is encouraging that the EU and UK have agreed to continue work together to find joint solutions in response the practical concerns raised in Northern Ireland around the Protocol.

It is important now that we give the EU and the UK teams the space needed to deliver comprehensive and sustainable solutions for people and businesses in Northern Ireland.

I am hopeful that positive progress in EU-UK talks can provide the momentum for the restoration of an Executive. However, I want to be clear that the majority of people across Northern Ireland believe that the Executive should be fully functioning regardless of what happens with the Protocol.

The Government will continue to work closely on a North/South and East-West basis in support of the devolved power-sharing institutions in Northern Ireland and the full implementation of all of the Strands of the Good Friday Agreement and as well as successor agreements.