Matt Carthy (Cavan-Monaghan, Sinn Fein)
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169. To ask the Minister for Foreign Affairs and Trade if he will outline the relevant timelines regarding the initiation of a case to the European Court of Human Rights in the case of the so-called legacy Bill adopted by the British Parliament; if he has engaged with those individuals who have taken cases; and if Government intends to take an inter-state case on this issue. [52835/23]

Micheál Martin (Cork South Central, Fianna Fail)
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The British Legacy Act received Royal Assent on 18 September.

I am seriously concerned about the Act's impact on the fundamental work of reconciliation in Northern Ireland, and about its compatibility with the European Convention on Human Rights. The incorporation of the Convention into Northern Ireland law was an explicit requirement of the Good Friday Agreement.

The Government believe that this Act will not draw a line under legacy issues, but will instead ensure that the past remains a source of contention, suspicion and mistrust, undermining the reconciliation which we have worked so hard to progress. It is a matter of deep regret this is the space in which we find ourselves.

The Government sought legal advice from the Attorney General on the possibility of Ireland initiating an interstate case at the European Court of Human Rights to test the compatibility of the British Legacy Act with the Convention. Detailed and comprehensive legal advice has now been received from the Attorney General, an essential contribution to our consideration of next steps.

The initiation of an interstate case would be significant and would have to be done on solid legal grounds. It is not a decision which could, or should, be taken lightly.

The Government will look at the broader implications of such a decision, including on the bilateral relationship with the UK as well as broader political and civic concerns in Northern Ireland on legacy issues. We will also take account of the opposition to this Act which has been expressed in this House and by victims’ groups and families across this island. The Government is fully aware of relevant timelines initiating a case and the need to make a timely decision on this matter.

The Government will continue to be guided by the best interests of victims and their families.

My officials have been following closely the cases being taken in the High Court in Belfast and are in ongoing contact with organisations who are providing them with assistance.

Pearse Doherty (Donegal, Sinn Fein)
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170. To ask the Minister for Foreign Affairs and Trade if, in light of yet more new evidence emerging regarding the 1973 killing of a person (details supplied), he will make the family's desire for a public inquiry clear to the British Government; the steps the Irish Government is taking to aid the family in their quest for justice; and if he will make a statement on the matter. [49807/23]

Micheál Martin (Cork South Central, Fianna Fail)
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I have raised the case of the person in question and the family's desire for answers on a number of occasions with the Secretary of State for Northern Ireland. Officials in my Department met with the family in November 2021 and again in February of this year.

On 24 February, I met with the family, who were accompanied by Councillor Michael Naughton. The strength of the family's desire for an independent investigation of their loved one's death and for the truth to be put on the record after almost fifty years was compelling. Hearing from families directly affected by the Troubles has guided my approach to legacy issues which has always been victim-centred and that will continue to be the case.

Following my meeting with the family, I wrote to the Secretary of State for Northern Ireland, Chris Heaton-Harris on 16 March, bringing the case to his attention. I made clear my view that the UK Government's legacy legislation would deny this family answers and the opportunity to clear their loved one's name. I met with the Secretary of State in Dublin on 16 May to discuss legacy matters in more detail. At that meeting I highlighted to the Secretary of State and his delegation that the following day was the 50th anniversary of the death of the person in question as well as being and the 49th anniversary of the Dublin and Monaghan bombings and that all of these families were still seeking truth and justice. I raised this case again with the Secretary of State for Northern Ireland earlier this week, at the British Irish Intergovernmental Conference in Dublin. I highlighted that this family's efforts to secure a fresh inquest will be thwarted by the UK Legacy Act.

The Secretary of State spoke of the future work of the Independent Commission for Reconciliation and Information Retrieval (ICRIR) which will be established under the UK Legacy Act, expressing his perspective that this would be the route for families to obtain answers. However, as the Deputy will be aware, this is not a view shared by the Government. It is the Government's assessment that this new British Act closes off avenues to truth for victims of the Troubles and their families.

The Government sought legal advice from the Attorney General on the possibility of Ireland initiating an interstate case at the European Court of Human Rights to test the compatibility of the British Legacy Act with the Convention. Detailed and comprehensive legal advice has now been received from the Attorney General, an essential contribution to our consideration of next steps.

Micheál Martin (Cork South Central, Fianna Fail)
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It is deeply disappointing that 18 months on from the last assembly elections, Northern Ireland's political institutions remain blocked, and as a result the North-South Ministerial Council is also prevented from fulfilling the responsibilities mandated to it by the Good Friday Agreement.

I remain in regular contact with the Secretary of State for Northern Ireland and representatives of the main Northern Ireland parties leaders to underline the importance of getting the full range of Good Friday Institutions up and running, across all its strands.

It is essential that the democratically elected representatives of Northern Ireland are allowed to take up their responsibilities and deliver on the multiple and intersecting challenges facing the people of Northern Ireland. My engagement with political and business leaders at September’s Northern Ireland Investment Summit left no room for doubt that a restored Executive would be best positioned to advance a rich array of opportunities. Elected leaders have a particular responsibility to demonstrate that politics works, and citizens deserve to see politics working.

At the British Irish Chamber of Commerce Conference on 12 October in Dublin, I discussed the challenges of Executive formation with the Secretary of State for Northern Ireland and I was in direct contact with Northern Ireland political parties in late October.

I also recognise that Northern Ireland has always been at its strongest and made its greatest strides when the Irish and British Governments have worked in close partnership. As we tackle today's political challenges, we would like to see this partnership between the two Governments deliver in the same way. I had a number of engagements with British counterparts, including Secretary of State Heaton Harris, during meetings in Dublin of the British Irish Council last week and the British Irish Inter-Governmental Conference earlier this week.

Those meetings underline the importance of structures of the Good Friday Agreement for engagement between the two Governments, providing a framework for our partnership.