Pauline Tully (Cavan-Monaghan, Sinn Fein)
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144. To ask the Minister for Foreign Affairs and Trade his views on the recent developments with the Northern Ireland Troubles Bill by the British government during the final day of consideration stage in the House of Lords; if the British government advised the Government of the appointment of chief commissioner to the Independent Commission for Reconciliation and Information Recovery pending royal assent; if the British government has advised the Government on the amendments it claims will be brought on the Bill; if he shares the assessment by an organisation (details supplied) and others that the Bill fails to fulfil the UK’s human rights obligations, and should be dropped; his view on how the UK government pressing ahead with the Bill informs the plans of the Government in relation to taking an inter-state challenge; and if he will make a statement on the matter. [24017/23]

Micheál Martin (Cork South Central, Fianna Fail)
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Since the Northern Ireland Troubles (Legacy & Reconciliation) Bill was introduced at Westminster, in May 2022, the Government have been consistent in our view that the UK Bill is not fit for purpose.

I had my most recent exchange regarding the UK Legacy Bill and related issues with the Secretary of State for Northern Ireland on 16 May in Dublin. That followed the conclusion of the Bill's Committee Stage in the House of Lords on 11 May. As I have on other occasions, I reiterated to the Secretary of State the Irish Government’s opposition to this Bill and urged that the consideration of the Bill be paused. I noted that during the debate in the House of Lords, an announcement was made of the Secretary of State's decision to select a Chief Commissioner of the proposed Commission.

I made clear my strong view that this Bill, if implemented as it stands, would not be compliant with the European Convention on Human Rights and would damage reconciliation efforts in Northern Ireland. The Government has consistently maintained that any way forward on legacy must be consistent with human rights standards, with victims at its centre.

The Council of Europe's Committee of Ministers has on four occasions, namely June, September and December 2022, and again in March this year, expressed serious concerns about the UK Bill and its compatibility with the European Convention on Human Rights. In their decision in March, the Committee expressed “serious concern” that amendments which had been introduced by then did “not sufficiently allay the concerns about the Bill”. Further amendments have been promised by the British Government but have yet to be published.

Any future examination by the European Court of Human Rights as to whether this Bill, if enacted, is compatible with the United Kingdom’s obligations under the European Convention on Human Rights would depend on the precise terms of the legislation as enacted and the factual circumstances pertaining at the time. A decision to refer an inter-state case to the Court concerning the UK Bill is, in the Government’s assessment, premature. The Government continue to keep this matter under review.

In April, I met with representatives from Amnesty International and families whose search for truth and justice for the deaths of their loved ones would be affected by the UK Bill. They made very clear to me that the UK Bill as it currently stands would not and could not deliver for them. I have spoken directly with and listened to several other victims’ support groups and individual families who lost loved ones. They are all very clear that as the UK’s Legacy Bill progresses, the prospect that current mechanisms for truth and justice could be closed increases their anxiety. It remains my position that every family deserves and is legally entitled to an effective investigation.