Written answers

Tuesday, 21 March 2023

Department of Foreign Affairs and Trade

Northern Ireland

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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541. To ask the Minister for Foreign Affairs and Trade if he plans to raise with the British Government the demands of the family of a person (details supplied) for an inquest into their killing in 1973 by the RUC. [13403/23]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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On Friday 24 February 2023, I met with the family of the person in question, who were accompanied by Councillor Michael Naughton. Officials in my Department also met with the family in November 2021.

Following my meeting with the family, I wrote to the Secretary of State for Northern Ireland, Chris Heaton-Harris, bringing the case to his attention. At my request, Irish officials at the British Irish Joint Secretariat in Belfast have also raised the issue with the the Police Ombudsman for Northern Ireland.

It is essential that all families have access to an Article 2 compliant investigation into their loved one's death.

The family's campaign for a further investigation into this killing is one example among many of the cases could be negatively impacted if the British Government’s Legacy Bill is enacted. The prospect of no full hearing of the evidence in this case, including the effective cross examination of the facts, such as whether the determination in the original 1973 inquest was correct, is deeply upsetting to the family, as is the possibility that no Police Ombudsman investigation would take place.

On many occasions I have raised my concerns with British Ministers that this unilateral Legacy Bill is not fit for purpose, and undermines the approach agreed in Stormont House by both governments and most Assembly parties. 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, damage the process of reconciliation.

The British Government’s Legacy Bill has also come under intense criticism from a range of international interlocutors, including 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 Council of Europe's Committee of Ministers has raised its concerns on a number of occasions, including most recently on 7 March when it stated its "serious concerns about the Bill and its compatibility with the European Convention on Human Rights".

I continue to urge the UK to pause their Legacy legislation and return to a collective approach which is human rights compliant and delivers for victims.

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